Agenda packet — City Council and Concurrent Authorities, April 14, 2026 (part 4 of 9)

Version February 24, 2023
Exhibit F
Federal Funds Certifications

FEDERAL CERTIFICATIONS
ADDENDUM FOR AGREEMENT FUNDED BY U.S. FEDERAL GRANT
T
O WHOM IT MAY CONCERN:

Participating Agencies may elect to use federal funds to purchase under the Master Agreement. This form should be completed and returned.

DEFINITIONS
Contract means a legal instrument by which a non– Federal entity purchases property or services needed to carry out the project or program under a Federal award. The term as used in this part does not include a legal instrument, even if the non–Federal entity considers it a contract, when the substance of the transaction meets the definition of a Federal award or subaward
Contractor means an entity that receives a contract as defined in Contract.

Cooperative agreement means a legal instrument of financial assistance between a Federal awarding agency or pass - through entity and a non–Federal entity that, consistent with 31 U.S.C. 6302– 6305:
(a) Is
used to enter into a relationship the principal purpose of which is to transfer anything of value from the Federal awarding agency or pass-through entity to the non–Federal entity to carry out a public purpose authorized by a law of the United State s (see 31 U.S.C. 6101(3)); and not to acquire property or services for the Federal government or pass-through entity's direct benefit or use;
(b) I
s distinguished from a grant in that it provides for substantial involvement between the Federal awarding age ncy or pass-through entity and the non– Federal entity in carrying out the activity contemplated by the Federal award. (c) The term does not include:
(1) A
cooperative research and development agreement as defined in 15 U.S.C. 3710a; or (2) A
n agreement that provides only:
(i) Direct United States Government cash assistance to an individual; (ii) A subsidy;
(iii) A loan;
(iv) A loan guarantee; or
(v)
I
nsurance.

Federal awarding agency means the Federal agency that provides a Federal award directly to a non–Federal entity Federal award has the meaning, depending on the context, in either paragraph (a) or (b) of this section:
(a)(1) The Federal financial assistance that a non –Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity, as described in § 200.101 Applicability; or (2) T
he cost-reimbursement contract under the Federal Acquisition Regulations that a non –Federal entity receives directly from a Federal awarding agency or indirectly from a pass -through entity, as described in § 200.
101 Applicability.
(b) T
he instrument setting forth the terms and conditions. The instrument is the grant agreement, cooperative agreement, other agreement for assistance covered in paragraph (b) of § 200.40 Federal financial as sistance, or the co
st-reimbursement contract awarded under the Federal Acquisition Regulations. (c) Federal award does not include other contracts that a Federal agency uses to buy goods or services from a contractor or a contract to operate Federal government owned, contractor operated facilities (GOCOs). (d) S
ee also definitions of Federal financial assistance, grant agreement, and cooperative agreement.

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Non–Federal entity means a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization that carries out a Federal award as a recipient or subrecipient.

Nonprofit organization means any corporation, trust, association, cooperative, or other organization, not including IHEs, that:
(a) Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; (b) Is not organized primarily for profit; and
(c) Uses net proceeds to maintain, improve, or expand the operations of the organization.

Obligations means, when used in connection with a non–Federal entity's utilization of funds under a Federal award, orders placed for property and services, contracts and subawards made, and similar transactions during a given period that require payment by the non–Federal entity during the same or a future period.

Pass-through entity means a non–Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program.

Recipient means a non–Federal entity that receives a Federal award directly from a Federal awarding agency to carry out an activity under a Federal program. The term recipient does not include subrecipients.

Simplified acquisition threshold means the dollar amount below which a non– Federal entity may purchase property or services using small purchase methods. Non– Federal entities adopt small purchase procedures in order to expedite the purchase of items costing less than the simplified acquisition threshold. The simplified acquisition threshold is set by the Federal Acquisition Regulation at 48 CFR Subpart 2.1 (Definitions) and in accordance with 41 U.S.C. 1908. As of the publication of this part, the simplified acquisition threshold is $250,000, but this threshold is periodically adjusted for inflation. (Also see definition of § 200.67 Micro- purchase.)
Subaward means an award provided by a pass -through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract.

Subrecipient means a non–Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency.

Termination means the ending of a Federal award, in whole or in part at any time prior to the planned end of period of performance.

The following provisions may be required and apply when Participating Public Agency expends federal funds for any purchase resulting from this procurement process. Per FAR 52.204- 24 and FAR 52.204 -25, solicitations and resultant contracts shall contain the following provisions.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services —Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications -Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

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(a) Definitions. As used in this provision—
Backhaul, c overed telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115- 232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to t he facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or ( ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115 - 232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition appl ies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to— ( i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to t he facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or ( ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services". (d) Representation. The Offeror represents that—
( 1) I t □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of thi s section; and
( 2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that — It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section. (e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer. ( i) For covered equipment—
( A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); ( B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and ( C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. ( ii) For covered services—
( A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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( B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. ( 2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" i n the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
( i) For covered equipment—
( A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known); ( B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and ( C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. ( ii) For covered services—
( A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
( B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020).
(a) Definitions. As used in this clause—
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means– ( 1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
( 2) For the purpose of public safety, secur ity of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
( 3) Telecommunications or video surveillance services provided by such entities or using such equipment; or ( 4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical tec hnology means–
( 1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations; ( 2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled- ( i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or ( ii) For reasons relating to regional stability or surreptitious listening; ( 3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities); ( 4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
( 5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

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( 6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection ar rangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable i nquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e. g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or es sential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115- 232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.
( 2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115- 232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. (c) Exceptions. This clause does not prohibit contractors from providing— ( 1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
( 2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. ( 2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause ( i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. ( ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further availabl e information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

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(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commer cial items.

The following certifications and pr ovisions may be req uired and ap ply when Participating Public Agency expends federal funds for any purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the Participating Public Agency and the Participating Public Agency’s subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable.

APPENDIX II TO 2 CFR PART 200
(A) Co ntracts for more th an the simplified acquisition threshold currently set at $ 250,000, which is the inflation a
djusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Coun
cil (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances w here contractors violate or breach contract term s, and provide for su ch s anctions and penalties as appropriate.

Purs uant to Feder al Rule (A) abo ve, when a Participating Public Agency expends federal funds, the Participating Public Agency reserves all rights and pr ivileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.

Does off eror agree? YES Initials of A uthorized Representative of offeror
(B) Te rmination for cause and for convenience by the grantee or subgrantee including the manner by which it will be e
ffected and the basis for settlement. (All contracts in excess of $10,000) Purs uant to Feder al Rule (B) abo ve, when a Participating Public Agency expends feder al funds, the Participating Public Agency reserves the right to immediately terminate any agr eement in ex cess of $1 0,000 resulting from this pr ocurement process in the event of a breach or default of the agreement by Offeror as detailed in the terms of the contract.

Does off eror agree? YES Initials of A uthorized Representative of offeror
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the de
finition of “feder ally assisted construction contract” in 41 CFR Part 60- 1.3 must include the equal opportunity cl
ause provided und er 41 CFR 60- 1.4(b), in accordan ce with Exec utive Ord er 1124 6, “E qual E mployment O
pportunity” (30 CF R 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Feder al Co ntract Compliance Programs, Equal Employment Opportunity, Department of Labor.
”
Purs uant to Feder al Rule (C) above, when a Participating Public Agency expends federal funds on a ny federally assisted construction contract, the equal opportunity clause is incorporated by reference herein.

Does off eror agree to abide by the above? YES Initials of Authorized Representative of offeror (D)
Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Feder al program legislation, all prime con
struction c ontracts in exce ss of $2,000 awarded by non-Federal e ntities must in clude a pro vision for compliance with the Davi s-Bacon Act ( 40 U.S.C. 3141-3144, and 3146-3148) as su pplemented by Department of Labor
re gulations (29 CFR Part 5, “La bor Sta ndards Provisions Ap plicable to Contracts Covering Feder ally F
inanced and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less th an the prevai ling wages specif ied in a wage determination made by the Secretary of Labo r. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination is sued by the Department of Labor in each solicitati on. The decisio n to award a co ntract or s ubcontract must be co nditioned u pon th e JKM
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acceptance of the wage determination. The non - Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti- Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or P ublic Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to g ive up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency.

Purs uant to Feder al Rule (D) above, when a Participating Public Agency expends federal funds during the term of an award for all contracts and subgrants for construction or repair, offeror will be in compliance with all applicable Davis-Bacon Act provisions.

Does off eror agree? YES Initials of Authorized Representative of offeror (E) Contract Work Hours and Safety Sta ndards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal e ntity in exce ss of $100,000 that invo lve the e mployment of me chanics or la borers must include a provision for c ompliance with 40 U.S.C. 37 02 and 3704, as s upplemented by Department of La bor regu
lations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is co mpensated at a rate of not less than one and a h alf times the basic rate of p ay for all hours worked in excess of 40 hours in the work week. The requirements o f 40 U.S.C. 3704 are applicable t o c onstruction work and provide that no labor er or me chanic must be re quired to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not app
ly to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts f
or transportation or transmission of intelligence.

Purs uant to Feder al Rule (E) above, when a Participating Public Agency expends federal funds, offeror certifies that offeror will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an awa
rd for all contracts by Participating Public Agency resulting from this procurement process.

Does off eror agree? YES Initials of Authorized Representative of offeror (F) Righ t s to Inv entions Made Under a Contract or Agreement. If the Feder al award me ets the definition of “funding agreement” under 37 CFR §401.2 ( a) and the recipient or s ubrecipient wish es to e nter into a c ontract with a small business firm or nonprofit organization regarding th e s ubstitution of parties, as signment or p
erformance of experimental, developmental, or resear ch work under that “ funding agreement,” the recipient or subrecipient mus t comply with the re quirements of 37 CFR Part 40 1, “Rights to Inv entions Made by Nonprofit Organizations and Sm all Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and an
y implementing regulations issued by the awarding agency.

Purs uant to Feder al Rule (F) above, when federal funds are expended by Participating Public Agency, the offeror certifies that during the term of an award for all contracts by Participating Public Agency resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (F) above.

Does off eror agree? YES Initials of Authorized Representative of offeror (G) Clean Air Act ( 42 U.S.C. 7401-7671q .) and the Feder al Water Pollution Control Act ( 33 U.S.C. 1251-1387) , as a
mended—Contracts and subgrants of a mounts in exce ss of $150,000 must contain a provi sion that requires the non - Federal award to agree to c omply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387).

V
iolations must be re ported to the Feder al awarding agency and the Regional O ffice of the En vironmental Protection Agency (EPA)
In the event Federal Transit Administration (FTA) or Department of Transportation (DOT) funding is used by Participating Public Agency, Offeror also agrees to include Clean Air and Clean Water requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

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Pu
rsuant to Federal Rule (G) above, when federal funds are expended by Participating Public Agency, the offeror certifies that during the term of an award for all contracts by Participating Public Agency member r esulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (G) above.

Does off eror agree? YES Initials of Authorized Representative of offeror (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be ma
de to parties list ed on the gover nment wide ex clusions in the Sy stem for Award Management (SAM), in accordance with the Executive Office of the President Office of Management and Budget (OMB) guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 18 9) and 12689 (3 CFR part 1989 Comp., p. 2
35), “Debarment and Suspensi on.” SAM Exclu sions c ontains the nam es of partie s debarred, suspe nded, or o
therwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Purs uant to Feder al Rule (H) above, when federal funds are expended by Participating Public Agency, the offeror certifies that during the term of an award for all contracts by Participating Public Agency resulting from this procurement process, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. If at any time during the term of an award the offeror or its principals becomes debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency, the offeror will notify the Participating Public Agency.

Does off eror agree? YES Initials of Authorized Representative of offeror (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)— Contractors that a pply or b id for an award exceeding $100,000 must file the required certification. Each t ier certifies to the t ier above that it will not and h as not used Federal appropriated funds to p ay any person or organization for influencing or a ttempting to influence an officer o
r employee of any agency, a memb er of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obt aining any Feder al c ontract, grant or any other award cover ed by 31 U.S.C. 1352. Each t ier must al so d isclose any l obbying with non-Federal funds that takes p lace in conn ection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

Purs uant to Feder al Rule (I) abo ve, when federal funds are expended by Participating Public Agency, the offeror certifies that d uring the term and after the awarded term of an award for all contracts by Participating Public Agency resulting from this procurement process, the offeror certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). T he undersigned further certifies that:
(1) No Federal appropriated funds have been paid or will be pa id for on behalf of the under signed, to a ny person for influencing or attempting to influence an officer or employe e of any agency, a Member of Congress, an officer or employee of c
ongress, or an employee of a Member of Congress in connection with the awarding of a Feder al contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. (2) If
any fun ds other than Feder al appro priated fun ds ha ve be en pa id or will be pa id to any per son for influencing or attempting to influence an officer or em ployee of any agen cy, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Feder al grant or cooperative agreement, the undersigned shall complete and submit Stand ard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
(3) The
undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly.

Does off eror agree? YES Initials of Authorized Representative of offeror

RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS When federal funds are expended by Participating Public Agency for any contract resulting from this procurement process, JKM
JKM
JKM

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offeror certifies that it wi ll comply with the record retention requirements detailed in 2 CFR § 200.33 3. The offeror further certifies that offeror will retain all records as req uired by 2 CFR § 20 0.333 for a p eriod of thr ee ye ars after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as ap plicable, and all other pending matters are closed.

Does offeror agree? YES Initials of Authorized Representative of offeror

CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When Participating Public Agency expends federal funds for any contract resulting from this procurement process, offeror certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18).

Does off eror agree? YES Initials of Authorized Representative of offeror

CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating Public Agency upon request. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition. Additionally:
(1) The Contractor agrees to comply with 49 USC 5323(j) and 49 CFR Part 661, which provide that federal funds may not be obligated unless steel, iron and manufactured products used in FTA -funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers ar e
l
isted in 49 CFR 661.7.A general public interest waiver from the Buy America requirements applies to microprocessors, computers, microcomputers, software or other such devices, which are used solely for the purpose of processing or storing data. This general waiver does not extend to a product or device that merely contains a microprocessor or microcomputer and is not used solely for the purpose of processing or storing data. Separate requirements for rolli ng
s
tock are set out at 5323(j)(2)(C) and 49 CFR 661.11.
(2) A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification with all bids on FTA - funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a compl eted B
uy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors.

The following certificates titled FTA and DOT Buy America Certification should be completed and returned with the response as part of FTA and DOT requirements.

FEDERAL TRANSIT ADMINISTRATION (FTA) AND DEPARTMENT OF TRANSPORTATION (DOT) - BUY AMERICA: CERTIFICATION REQUIREMENT FOR PROCUREMENTOF ROLLING STOCK

CERTIFICATE OF COMPLIANCE
(
select one of the two options, NOT BOTH)
Certificate of Compliance with 49 USC §5323(j)
The proposer hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j), and the applicable regulations of 49 CFR 661.11.

Check for YES: 
OR
Certificate of Non-Compliance with 49 USC §5323(j)
X
JKM
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The proposer hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j), but may qualify for an exception to the requirement consistent with 49 U.S.C. 5323(j)(2)(C), and the applicable regulations in 49 CFR 661.7.

Check for YES: 

FEDERAL TRANSIT ADMINISTRATION (FTA) AND DEPARTMENT OF TRANSPORTATION (DOT) - BUY AMERICA: CERTIFICATION REQUIREMENT FOR PROCUREMENT OF STEEL OR MANUFACTURED PRODUCTS CERTIFICATE OF COMPLIANCE (select one of the two options, NOT BOTH) Certificate of Compliance with 49 USC §5323(j)(1)
The proposer hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(1), and the applicable regulations in 49 CFR part 661.

Check for YES: 

OR
Certificate of Non-Compliance with 49 USC §5323(j)(1)
The proposer hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j), but it may qualify for an exception to the requirement pursuant to 49 U.S.C. 5323(j)(2), as amended, and the applicable regulations in 49 CFR 661.7.

Check for YES: 

Does off eror agree? YES Initials of Authorized Representative of offeror O
fferor’s Name: ___________________________________________________________________________________ Address, City, State, and Zip Code:
________________________________________________________________________ Phone Number: __________________________________
Fax Number: ______________________________________

Printed
Name and Title of Authorized Representative: _____________________________________________________________________ Email Address: __________________________________________________________________________________ Signature of Authorized Representative: ____________________________________ Date: _____________________________

CERTIFICATION OF COMPLIANCE WITH BUY AMERICAN PROVISIONS Unless Supplier is exempt (See FAR 25.103), when authorized by statute or explicitly indicated by Participating Public Agency, Buy American requirements will apply where only unmanufactured construction material mined or produced in the United States shall be used (see Subpart 25.6 – American Recovery and Reinvestment Act-Buy American statute for additional details).

CERTIFI

CAT ION OF COMPLIANCE WITH BUY AMERICA PROVISIONS
To the extent purchases are made with Federal Transit Administration funds, offeror certifies that its products comply with the requirements of 49 U.S.C. 5323(j), 49 U.S.C. 5323(j)(1), and the applicable regulations of 49 CFR 661 and all applicable provisions of the Buy America Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating Public Agency upon request. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition.

Does off eror agree? YES Initials of Authorized Representative of offeror JKM
JKM
X
Weatherproofing Technologies Inc.
3735 Green Rd., Beachwood, OH 44122
800-852-6013
N/A
J.K. Milliken, President
[email protected]
Version February 24, 2023
The proposer hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j), but may qualify for an exception to the requirement consistent with 49 U.S.C. 5323(j)(2)(C), and the applicable regulations in 49 CFR 661.7.

Check for YES: 

FEDERAL TRANSIT ADMINISTRATION (FTA) AND DEPARTMENT OF TRANSPORTATION (DOT) - BUY AMERICA: CERTIFICATION REQUIREMENT FOR PROCUREMENT OF STEEL OR MANUFACTURED PRODUCTS

CERTIFICATE OF COMPLIANCE (select one of the two options, NOT BOTH) Certificate of Compliance with 49 USC §5323(j)(1)
The proposer hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(1), and the applicable regulations in 49 CFR part 661.

Check for YES: 
OR

Certificate of Non-Compliance with 49 USC §5323(j)(1)
The proposer hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j), but it may qualify for an exception to the requirement pursuant to 49 U.S.C. 5323(j)(2), as amended, and the applicable regulations in 49 CFR 661.7.

Check for YES: 

Does off eror agree? YES Initials of Authorized Representative of offeror

Offeror’s Name: ___________________________________________________________________________________ Address, City, State, and Zip Code:
________________________________________________________________________ Phone Number: __________________________________
Fax Number: ______________________________________

Printed Name and Title of Authorized Representative: _____________________________________________________________________ Email Address: __________________________________________________________________________________ Signature of Authorized Representative: ____________________________________ Date: _____________________________

CERTIFI

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CERTIFICATION OF ACCESS TO RECORDS – 2 C.F.R. § 200.336 Offeror agrees that the Inspector General of the Agency or any of their duly authorized representatives shall have access to an
y do cuments, papers, or other r ecords of offeror that are per tinent to offeror’s discharge of its ob ligations under the Contract for the p urpose of ma king audits, examinations, excerpts, and transcriptio ns. The rig ht also includes timely and reasonable access to offeror’s personnel for the purpose of interview and discussion relating to such documents.

Does offeror agree? YES Initials of Authorized Representative of offeror

CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS
Offeror agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions.

Does off eror agree? YES Initials of Authorized Representative of offeror Of
feror agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable.

It is further acknowledged that offeror certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted above.

Offeror’s Name:
____________________________________________________________________________________________

Address,
City, State, and Zip Code:
_____________________________________________________________________________

Phone Number: __________________________________ F ax Number:
______________________________________

Printed Name and Title of Authorized Representative:
_____________________________________________________________________

Email Address:
____________________________________________________________________________________________

Signature
of Authorized Representative: ____________________________________Date:
_____________________________

JKM
JKM
Weatherproofing Technologies Inc.
3735 Green Rd., Beachwood, OH 44121
800-852-6013 N/A
J.K. Milliken, President
jmilliken@tr
emcoinc.com
Version February 24, 2023
CERTIFICATION OF ACCESS TO RECORDS – 2 C.F.R. § 200.336 Offeror agrees that the Inspector General of the Agency or any of their duly authorized representatives shall have access to any do cuments, papers, or other r ecords of offeror that are per tinent to offeror’s discharge of its ob ligations under the Contract for the p urpose of ma king audits, examinations, excerpts, and transcriptio ns. The rig ht also includes timely and reasonable access to offeror’s personnel for the purpose of interview and discussion relating to such documents.

Does offeror agree? YES Initials of Authorized Representative of offeror

CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS
Offeror agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions.

Does off eror agree? YES Initials of Authorized Representative of offeror Of
feror agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable.

It is further acknowledged that offeror certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted above.

Offeror’s Name:
____________________________________________________________________________________________

Address,
City, State, and Zip Code:
_____________________________________________________________________________ Ph
one Number: __________________________________ F ax Number:
______________________________________
Pri
nted Name and Title of Authorized Representative:
_____________________________________________________________________ Emai
l Address:
____________________________________________________________________________________________

Signature
of Authorized Representative: ____________________________________Date:
_____________________________
JKM
JKM
Weatherproofing Technologies Inc.
3735 Green Rd., Beachwood, OH 44121
800-852-6013 N/A
J.K. Milliken, President
[email protected]
6/14/2023

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FEMA SPECIAL CONDITIONS
Awarded Supplier(s) may need to respond to events and losses where products and services are needed for the immediate and initial response to emergency situations such as, but not limited to, water damage, fire damage, vandalism cleanup, biohazard cleanup, sewage decontamination, deodorization, and/or wind damage during a disaster or emergency situation. By submitting a proposal, the Supplier is accepted these FEMA Special Conditions required by the Federal Emergency Management Agency (FEMA).
“Contract” in the below pages under FEMA SPECIAL CONDITIONS is also referred to and defined as the “Master Agreement”.
“Contractor” in the below pages under FEMA SPECIAL CONDITIONS is also referred to and defined as “Supplier” or “Awarded Supplier”.

Conflicts of Interest
No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a FEMA award if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties, has a financial or other interest in or a tangible personal benefit from a firm considered for award. 2 C.F.R. § 200.318(c)(1); See also Standard Form 424D, ¶ 7; Standard Form 424B, ¶ 3. i. FEMA considers a “financial interest” to be the potential for gain or loss to the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties as a result of the particular procurement. The prohibited financial interest may arise from ownership of certain financial instruments or investments such as stock, bonds, or real estate, or from a salary, indebtedness, job offer, or similar interest that might be affected by the particular procurement. ii. FEMA considers an “apparent” conflict of interest to exist where an actual conflict does not exist, but where a reasonable person with knowledge of the relevant facts would question the impartiality of the employee, officer, or agent participating in the procurement. c. Gifts. The officers, employees, and agents of the Participating Public Agency nor the Participating Public Agency (“NFE”) must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, NFE’s may set standards for situations in which the financial interest is de minimus, not substant ial, or the gift is an unsolicited item of nominal value. 2 C.F.R. § 200.318(c)(1). d. Violations. The NFE’s written standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the NFE. 2 C.F.R. § 200.318(c)(1). For example, the penalty for a NFE’s employee may be dismissal, and the penalty for a contractor might be the termination of the contract.

Contractor Integrity
A contractor must have a satisfactory record of integrity and business ethics. Contractors that are debarred or suspended, as described in and subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R. Part 3000 (Non-procurement Debarment and Suspension), must be rejected and cannot receive contract awards at any level.

Notice of Legal Matters Affecting the Federal Government In the event FTA or DOT funding is used by Participating Public Agency, Contractor agrees to:
1) The Contractor agrees that if a current or prospective legal matter that may affect the Federal Government emerges, the Contractor shall promptly notify the Participating Public Agency of t he
l
egal matter in accordance with 2 C.F.R. §§ 180.220 and 1200.220.

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2) The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason.
3) The Contractor further agrees to include the above clause in each subcontract, at every tier, financed in whole or in part with Federal assistance provided by the FTA.

Public Policy
A contractor must comply with the public policies of the Federal Government and state, local government, or tribal government. This includes, among other things, past and current compliance with the:
a. Equal opportunity and nondiscrimination laws
b. F
ive affirmative steps described at 2 C.F.R. § 200.321(b) for all subcontracting under contracts supported by FEMA financial assistance; and FEMA Procurement Guidance June 21, 2016 Page IV- 7 c
. Applicable prevailing wage laws, regulations, and executive orders Affirmative Steps
For any subcontracting opportunities, Contractor must take the following Affirmative steps:

1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and

5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

B
id Guarantee
For proposals that are to include construction/reconstruction/renovation and related services, bids must be accompanied by Certified or Cashier’s Check or an approved Bid Bond in the amount of not less than five percent (5%) of the total bid. Surety shall provide a copy of the Power of Attorney authorizing the Executing Agent the authority to execute the bid bond documents and bind the surety to the bid bond conditions. The bid bond shall have a corporate Surety that is licensed to conduct business in the state of the lead agency and authorized to underwrite bonds in the amount of the bid bond.

Prevailing Wage Requirements
When applicable, the awarded Contractor (s) and any and all subcontractor(s) agree to comply with all laws regarding prevailing wage rates including the Davis-Bacon Act, applicable to this solicitation and/or Participating Public Agencies. The Participating Public Agency shall notify the Contractor of the applicable pricing/prevailing wage rates and must apply any local wage rates requested. The Contractor and any subcontractor(s) shall comply with the prevailing wage rates set by the Participating Public Agency.

Federal Requirements

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If products and services are issued in response to an emergency or disaster recovery the items below, located in this FEMA Special Conditions section of the Federal Funds Certifications, are activated and required when federal funding may be utilized.
2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses

1. CONTRACT REMEDIES
Contracts for more than the federal simplified acquisition threshold (SAT), the dollar amount below which an NFE may purchase property or services using small purchase methods, currently set at $250,000 for procurements made on or after June 20, 2018,4 must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms an d
m
ust provide for sanctions and penalties as appropriate.

1.1 Applicability
This contract provision is required for contracts over the SAT, currently set at $250,000 for procurements made on or after June 20, 2018. Although not required for contracts at or below the SAT, FEMA suggests including a remedies provision.

1.2 Additional Considerations
For FEMA’s Assistance to Firefighters Grant (AFG) Program, recipients must include a penalty clause in all contracts for any AFG -funded vehicle, regardless of dollar amount. In that situation, the contract must include a clause addressing that non-delivery by the contract’s specified date or other vendor nonperformance will require a penalty of no less than $100 per day until such tim e
t
hat the vehicle, compliant with the terms of the contract, has been accepted by the recipient. This penalty clause should, however, account for force majeure or acts of God. AFG recipients should refer to the applicable year’s Notice of Funding Opportunity (NOFO) for additional information, which can be accessed at FEMA.gov.

2. TERMINATION FOR CAUSE AND CONVENIENCE
a. Standard. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity, including the manner by which it will be effected and the basis for settlement. See 2 C.F.R. Part 200, Appendix II(B). b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.

3. EQUAL EMPLOYMENT OPPORTUNITY
When applicable:
a. Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. §
60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p.
339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating t
o Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II(C).

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b. Key Definitions.
i
. Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-

1.3 defines a “federally assisted construction contract” as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work.
ii. Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines “construction work” as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction. c. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.
d. Required Language. The regulation at 41 C.F.R. Part 60-1.4(b) requires the insertion of the following contract clause.

During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are em
ployed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee w
ho has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other

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employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor' s legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be
provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation t o as
certain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may b e c
anceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted constructio n c
ontracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, includi ng
s
anctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the

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Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

4. DAVIS-BACON ACT
a. Standard. All prime construction contracts in excess of $2,000 awarded by non- Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141- 3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction). See 2 C.F.R. Part 200, Appendix II(D). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. b. Applicability. The Davis -Bacon Act applies to the Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program.
c. Requirements. If applicable, the non-federal entity must do the following:
i
. The non -Federal entity must place a copy of the current prevailing wa ge det
ermination issued by the Department of Labor in each solicitation. The decision t
o award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency.
ii. Additionally, pursuant 2 C.F.R. Part 200, Appendix II(D), contracts subject to the Davis-Bacon Act, must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). The Copeland Anti- Kickback Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any pers on em
ployed in the construction, completion, or repair of public work, to give up any

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part of the compensation to which he or she is otherwise entitled. The non- Federal entity must report all suspected or reported violations to FEMA. iii. Include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141 - 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Coveri ng F
ederally Financed and Assisted Construction”).

Suggested Language. The following provides a sample contract clause:

Compliance with the Davis-Bacon Act.
a. All transa ctions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-31
48) and the requirements of 29 C.F.R. pt. 5 as may be
applicable. The contractor shall comply with 40 U.S.C. 3141 - 3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.
b. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.
c. Additionally, contractors are required to pay wages not less than once a week.

5. COPELAND ANTI-KICKBACK ACT
a. Standard. Recipient and subrecipient contracts must include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). b. Applicability. This requirement applies to all contracts for construction or repair work above $2,000 in situations where the Davis-Bacon Act also applies. It DOES NOT apply to the FEMA Public Assistance Program.
c. Requirements. If applicable, the non -federal entity must include a provision for complianc e with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). Each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to FEMA. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to t he
w
ages paid each of its employees engaged in work covered by the Copeland Anti -Kickback A
ct and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work.

Sample Language. The following provides a sample contract clause:

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Compliance with the Copeland “Anti-Kickback” Act.
a. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. §
3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. b. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.

The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
c. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12.”

6. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
a. Standard. Where applicable (see 40 U.S.C. §§ 3701-3708), all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II(E). Under 40 U.S.C. § 3702, each contractor must be required t o c
ompute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Further, no laborer or mechanic must be required to work in surroundings or under working conditions whic h
ar
e unsanitary, hazardous, or dangerous.
b. Applicability. This requirement applies to all FEMA contracts awarded by the non- federal entity in excess of $100,000 under grant and cooperative agreement programs that involve the employment of mechanics or laborers. It is applicable to construction work. Thes e r
equirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
c. Suggested Language. The regulation at 29 C.F.R. § 5.5(b) provides contract clause language concerning compliance with the Contract Work Hours and Safety Standards Act. FEMA suggests including the following contract clause:

Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one- half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

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(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed wit h
r
espect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of
$27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The Federal agency or loan/grant recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be
det
ermined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring t
he subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.

7. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT a. Standard. If the FEMA award meets the definition of “funding agreement” under 37C.F.R. § 401.2(a) and the non-F ederal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non- Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix II(F). b. A
pplicability. This requirement applies to “funding agreements,” but it DOES NOT apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – O
ther Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of “funding agreement.”
c. Funding Agreements Definition. The regulation at 37 C.F.R. § 401.2(a) defines “fundi ng agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for t he per
formance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes a ny assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental,

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developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.

8. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT a. Standard. If applicable, contracts must contain a provision that requires the contractor to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401-7671q.) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251- 1387). Violations must be reported to FEMA and the Regional Office of the Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix II(G).
b. Applicability. This re quirement applies to contracts awarded by a non -federal entity of amounts in excess of $150,000 under a federal grant.
c. Suggested Language. The following provides a sample contract clause.

C
lean Air Act

1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §
7401 et seq.

2. The contractor agrees to report each violation to the Participating Public Agency and understands and agrees that the Participating Public Agency will, in turn, report each violation as required to assure notification to t he
F
ederal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

Federal Water Pollution Control Act

1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

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9. DEBARMENT AND SUSPENSION
a. Standard. Non -Federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and S
uspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C
.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R. Part 3000 (Non-procurement Debarment and Suspension).
b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.
c. Requirements.
i. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or inel igible for participation in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II(H); and 2 C.F.R. § 200.213. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530. ii. In general, an “excluded” party cannot receive a Federal grant award or a contract within the meaning of a “covered transaction,” to include subawards and s
ubcontracts. This includes parties that receive Federal funding indirectly, suc h as
contractors to recipients and subrecipients. The key to the exclusion is whether there is a “covered transaction,” which is any non -procurement transacti on (
unless excepted) at either a “primary” or “secondary” tier. Although “covered transactions” do not include contracts awarded by the Federal Government for purposes of the non-procurement common rule and DHS’s implementing regulations, it does include some contracts awarded by recipients and subrecipients.
iii. Specifically, a covered transaction includes the following contracts for goods or services:

1. The contract is awarded by a recipient or subrecipient in the amount of at least $25,000.

2. The contract requires the approval of FEMA, regardless of amount.

3. The contract is for federally-required audit services.

4. A subcontract is also a covered transaction if it is awarded by the contractor of a recipient or subrecipient and requires either the approval of FEMA or is in excess of $25,000.
d. Suggested Language. The following provides a debarment and suspension clause. It incorporates an optional method of verifying that contractors are not excluded or disqualified.

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Suspension and Debarment
(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.
905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C
.F.R. § 180.935).
(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by the Participating P
ublic Agency. If it is later determined that the contractor did not comply with 2 C
.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Participating Public Agency, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid an d t
hroughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

10. BYRD ANTI-LOBBYING AMENDMENT
a. Standard. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any per son or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection wit h
obt
aining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352.

FEMA’s regulation at 44 C.F.R. Part 18 implements the requirements of 31 U.S.C. § 1352 and provides, in Appendix A to Part 18, a copy of the certification that is required to be completed by each entity as described in 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Federal awarding agency.
b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs. Contractors that apply or bid for a contract of $100,000 or more under a federal grant must file the required certification. See 2 C.F.R. Part 200, Appendix II(I); 31 U.S.C. § 1352; and 44 C.F.R. Part 18.
c. S
uggested Language.

By
rd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) C
ontractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting t o i
nfluence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with

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obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352.

Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.
d. Required Certification. If applicable, contractors must sign and submit to the non-federal entity the following certification.

APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING C
ertification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the unde
rsigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

Signature of Contractor’s Authorized Official
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obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352.

Signature of Contractor’s Authorized Official
Weatherproofing Technologies Inc.
6/14/2023

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Name and Title of Contractor’s Authorized Official
Date
J.K. Milliken, President
6/14/2023

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11. PROCUREMENT OF RECOVERED MATERIALS
a. Standard. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. See 2 C.F.R. Part 200, Appendix II(J); and 2 C.F.R. § 200.322.
b. Applicability. This requirement applies to all contracts awarded by a non- federal entity under FEMA grant and cooperative agreement programs.
c. Requirements. The requirements of Section 6002 include procuring only items designated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. d. Suggested Language
.
i. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired—

1. C
ompetitively within a timeframe providing for compliance with the contract performance schedule;

2. Meeting contract performance requirements; or

3. At a reasonable price.
ii. Information about this requirement, along with the list of EPA- designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. iii. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”

12. DOMESTIC PREFERENCES FOR PROCUREMENTS
A
s appropriate, and to the extent consistent with law, CONTRACTOR should, to the greatest extent practicable under a federal award, provide a preference for the purchase, acquisition, or use of goods, products or materials produced in the United States. This includes, but is not limited to, iron, aluminum, steel, cement, and other manufactured products.

Applicability For purchases in support of FEMA declarations and awards issued on or after November 12, 2020, all FEMA recipients and subrecipients are required to include in all contracts and purchase orders for work or products a contract provision encouraging domestic preferenc e
f
or procurements.

Domestic Preference for Procurements As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase,

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acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.”

13. ACCESS TO RECORDS
a. Standard. All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. Recipients must give DHS/FEMA access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. See DHS Standard Terms and Conditions: Version 8.1 (2018). Additionally, Section 1225 of the Disaster Recovery Reform Act of 2018 prohibits FEMA from providing reimbursement to any state, local, tribal, or territorial government, or private non-profit for activities made pursuant to a contract that purports to prohibit audits or internal reviews by the FEMA administrator or Comptroller General.

Access to Records. The following access to records requirements apply to this contract:
i
.The Contractor agrees to provide Participating Public Agency, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. ii.The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. iii. The Contractor agrees to provide the FEMA Administrator or his authorize d
r
epresentatives access to construction or other work sites pertaining to the work being completed under the contract.
iv.In compliance with the Disaster Recovery Act of 2018, the Participating Public Agency and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.

14. CHANGES
a. Standard. To be eligible for FEMA assistance under the non -Federal entity’s FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. b. Applicability. FEMA recommends, therefore, that a non- Federal entity include a changes

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clause in its contract that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may differ depending on the nature of the contract and the end-item procured.

15. DHS SEAL, LOGO, AND FLAGS
a. Standard. Recipients must obtain permission prior to using the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials. See DHS Standard Terms and Conditions: Version 8.1 (2018).
b. Applicability. FEMA recommends that all non -Federal entities place in their contracts a provision that a contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. c. “The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.

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16. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS a. Standard. The recipient and its contractors are required to comply with all Federal laws, regulations, and executive orders.
b. Applicability. FEMA recommends that all non- Federal entities place into their contracts an acknowledgement that FEMA financial assistance will be used to fund the contract along with t
he requirement that the contractor will comply with all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives. c. “This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.”

17. NO OBLIGATION BY FEDERAL GOVERNMENT
a. Standard. FEMA is not a party to any transaction between the recipient and its contractor.

FEMA is not subject to any obligations or liable to any party for any matter relating to the contract.
b. Applicability. FEMA recommends that the non-Federal entity include a provision in its contract that states that the Federal Government is not a party to the contract and is not subject to any obligations or liabilities to the non- Federal entity, contractor, or any other party pertaining t o any
matter resulting from the contract.
c. “The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.”

18. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS a. Standard. Recipients must comply with the requirements of The False Claims Act (31 U.S.C. §§ 3729-3733) which prohibits the submission of false or fraudulent claims for payment to the federal government. See DHS Standard Terms and Conditions: Version 8.1 (2018); and 31 U.S.C. §§ 3801- 3812, which details th e adm
inistrative remedies for false claims and statements made. The non-Federal entity must include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (
Administrative Remedies for False Claims and Statements) applies to its actions pertaining t
o the contract.
b. Applicability. FEMA recommends that the non-Federal entity include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. c. “The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.”

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Of
feror agrees to comply with all terms and conditions outlined in the FEMA Special Conditions section of this solicitation.

Offeror’s Name: ______________________________________________ Addre
ss, City, State, and Zip Code:
_____________________________________________________________________________ P
hone Number: ________________________ Fax Number: ______________________________ P
rinted Name and Title of Authorized Representative:
____________________________________________________________ E
mail Address: _____________________________________________ Signature of Authorized Representative: ____________________________________ Date: ________________________________
Weatherproofing Technologies Inc.
3735 Green Rd., Beachwood, OH 44122
800-852-6013 N/A
J.K. Milliken, President
jkmillik
[email protected]
Version February 24, 2023
Of
feror agrees to comply with all terms and conditions outlined in the FEMA Special Conditions section of this solicitation.

Offeror’s Name: ______________________________________________ Addre
ss, City, State, and Zip Code:
_____________________________________________________________________________ Ph
one Number: ________________________ Fax Number: ______________________________ Pri
nted Name and Title of Authorized Representative:
____________________________________________________________ Emai
l Address: _____________________________________________ Signature of Authorized Representative: ____________________________________ Date: ________________________________
Weatherproofing Technologies Inc.
3735 Green Rd., Beachwood, OH 44122
800-852-6013 N/A
J.K. Milliken, President
[email protected]
6/14/2023

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FEDERAL TRANSIT ADMINISTRATION (FTA) AND DEPARTMENT OF TRANSPORTATION (DOT)

SPECIAL CONDITIONS
Awarded Supplier(s) (also referred to as Contractors) may be asked to provide products and services to agencies following Federal Transit Administration and/or Department of Transportation requirements. By submitting a response, the Supplier is accepting these FTA and DOT Special Conditions.

NO GOVERNMENT OBLIGATION TO THIRD PARTIES
These requirements do not apply to micro -purchases ($10,000 or less, except for construction contracts over $2,000).
(1) The Participating Public Agency and contractor/vendor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the purchaser, contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The contractor agrees to include the above clause in each subcontract financed in whole or in part wit h
F
ederal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS These requirements do not apply to micro -purchases ($10,000 or less, except for construction contracts over $2,000)
(1) T
he contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies, “49 CFR Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the contractor to the extent the Federal Government deems appropriate. (2) The contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or frau dulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. 5307, the Government reserves the right to impose the penalties of 18 U.S.C. 1001 and 49 U.S.C. §
5323(l) on the contractor, to the extent the Federal Government deems appropriate. (3) The contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

ACCESS TO RECORDS AND REPORTS
(1) R ecord Retention. The Co ntractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub- agreements, leases, subcontracts, arrangements, other third party agreements of any type, and supporting materials related to those records. (2) Ret
ention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this

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Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.
(3) A
ccess to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required. (4) Ac
cess to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract as reasonably may be required.

FEDERAL CHANGES
(1) Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract.

Contractor's failure to so comply shall constitute a material breach of this Contract.

Contractor agrees to:
a) Maintain all books, records, accounts and reports required under this Contract for a period of not less than three (3) years after the date of termination or expiration of this Contract or any extensions thereof except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case Contractor agrees to maintain same until Public Agency, the FTA Administrator, the Comptroller General, or any of their duly authoriz ed r
epresentatives, have disposed of all such litigation, appeals, claims or exceptions related thereto.
b) Permit any of the foregoing parties to inspect all work, materials, payrolls, and other data and records with regard to the Project, and to audit the books, records, and accounts with regard to the Project and to reproduce by any means whatsoever or to copy excerpts and
t
ranscriptions as reasonably needed for the purpose of audit and examination.

FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts. Reference 49 CFR

18.39 (i)(11).

CIVIL RIGHTS / TITLE VI REQUIREMENTS
The Participating Public Agency is an Equal Opportunity Employer. As such, the Participating Public Agency agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the Participating Public Agency agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications.

Under this Agreement, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof. (1) N
ondiscrimination – In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. 20000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6102, section 202 of the Americans with disabilities Act of 1990, 42 U.S.C. 12132, and Federal transit law at 49 U.S.C. 5332, the contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the contrac tor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2
) Equal
Employment Opportunity – The following equal employment opportunity requirements apply to t he underlying contract:
(a) R
ace, Color, Creed, National Origin, Sex . In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as

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amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(b
) A
ge - In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621- 634, U.S.

Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination i n Em
ployment Act,” 29 C.F.R. part 1625, th e Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et
seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age i n P
rograms or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(c) D
isabilities - In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794,
the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(3) The contractor also agrees to include these requirements in each subcontract financed whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.

INCORPORATION OF FTA 4220.1F TERMS
(1) The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or
not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, dated November 1, 2008, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA -mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The contractor shall not perform any act, fail to perform any act, or refuse to comply with any Participating Public Agency request, which would cause t he P
articipating Public Agency to be in violation of the FTA terms and conditions. (2) F
low Down – The incorporation of FTA terms has unlimited flow down.

DISADVANTAGED BUSINESS ENTERPRISE (DBE)
The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the contractor from future bidding as non-responsible. 49 C.F.R. § 26.13(b). 5) Non -Discrimination Assurances. Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Contractor shall carry out all applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts.

Failure by Contractor to carry out these requirements is a material breach of this Contract, which may

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result in the termination of this Contract or other such remedy as public agency deems appropriate.

Each subcontract Contractor signs with a subcontractor must include the assurance in this paragraph. (See 49 CFR 26.13(b)).
6) Prompt Payment. Contractor is required to pay each subcontractor performing Work under this prime Contract for satisfactory performance of that work no later than t hirty (30) days after Contractor’s receipt of payment for that Work from public agency. In addition, Contractor is required to return any retainage payments to those subcontractors within thirty (30) days after the subcontractor’s work related to this Contract is satisfactorily completed and any liens have been secured. Any delay or postponement of payment from the above time frames may occur only for good cause following written approval of public agency. This clause applies to both DBE and non-DBE subcontractors. Contractor must promptly notify public agency whenever a DBE subcontractor performing Work related to this Contract is terminated or fails to complete its Work, and must make good faith efforts to enga ge
anot
her DBE subcontractor to perform at least the same amount of work. Contractor may not terminate any DBE subcontractor and perform that Work through its own forces, or those of an affiliate, without prior written consent of Participating Public Agency.
7) DBE Program. In connection with the performance of this Contract, Contractor will cooperate with public agency in meeting its commitments and goals to ensure that DBEs shall have the maximum practicable opportunity to compete for subcontract work, regardless of whether a contract goal is set for this Contract. Contractor agrees to use good faith efforts to carry out a policy in the award of its subcontracts, agent agreements, and procurement contracts which will, to the fullest extent, utilize DBEs consistent with the efficient performance of the Contract.

ENERGY CONSERVATION REQUIREMENTS
Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plans issued under the Energy Policy and Conservation Act, as amended, 42 U.S.C. Sections 6321 et seq. and 41 CFR Part 301-10.

INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS 1) The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, dated November 1, 2008, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA -mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement.

The contractor shall not perform any act, fail to perform any act, or refuse to comply with any Participating Public Agency request, which would cause the Participating Public Agency to be in violation of the FTA terms and conditions.
2) Flow Down – The incorporation of FTA terms has unlimited flow down.

USPENSION AND DEBARMENT
The Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200, which adopts and supplements the U.S.

Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Government Wide Debarment and Suspension (Nonprocurement),” 2 C.F.R. part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be:
a) Debarred from participation in any federally assisted Award;

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b) Suspended from participation in any federally assisted Award; c) Proposed for debarment from participation in any federally assisted Award; d) Declared ineligible to participate in any federally assisted Award; e) Voluntarily excluded from participation in any federally assisted Award; or f) Disqualified from participation in ay federally assisted Award.

By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:

The certification in this clause is a material representation of fact relied upon by the AGENCY. If it is later determined by the AGENCY that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the AGENCY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES
Agency and Contractor acknowledge and agree that, absent the Federal Government’s express written consent and notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to agency, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract.

Contractor agrees to include the above clause in each subcontract financed in whole or in part with federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

CARGO PREFERENCE REQUIREMENTS
Use of United States-Flag Vessels. The contractor agrees:
1) To use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels. 2) To furnish within 20 working days following the date of loading for shipments originating within t he
U
nited States or within 30 days following the date of loading for shipments originating outside the United States, a legible copy of a rated, “on-board” commercial ocean bill-of-lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington D.C. 20590 and the FTA recipient (through the contractor in the case of a subcontractor’s bill-of lading). 3) To include these requirements in all subcontracts issued pursuant to the contract when the subcontract may involve the transport of equipment, materials, or commodities by ocean vessel.

FLY AMERICA
Fly America Requirements:
1) Definitions. As used in this clause- “International air transportation” means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States. “United States” means the 50 States, the District of Columbia, and outlying areas. “U.S.-flag air carrier” means an air carrier holding a certificate under 49 U.S.C. Chapter 411.
2) When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires contractors, recipients,

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and others use U.S. -flag air carriers for U.S. Government-financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign-flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services. 3) If available, the contractor, in performing work under this contract, shall use U.S. -flag carriers for international air transportation of personnel (and their personal effects) or property. 4) In the event that the contractor selects a carrier other than a U.S. -flag air carrier for international air transportation, the contractor shall include a statement on vouchers involving such transportation essentially as follows:

Statement of Unavailability of U.S.-Flag Air Carriers
I
nternational air transportation of persons (and their personal effects) or property by U.S. -flag air carrier was not available or it was necessary to use foreign-flag air carrier service for the follo wing reasons. See FAR § 47.403.

Stated Reason(s):________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 5) T
he contractor shall include the substance of this clause, including this paragraph, in each subcontract or purchase under this contract that may involve international air transportation.

RECYCLED PRODUCTS
1) The Contractor agrees to provide a preference for those products and services that conserve natural resources, protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. Environmental Protection Agency (U.S. EPA), “Comprehensive Procurement Guideline for Products Containing Recovered Materials,” 40 C.F.R. part 247.

CONFORMANCE WITH ITS NATIONAL ARCHITECTURE
When applicable:
1) Contractor shall conform, to the extent applicable, to the National Intelligent Transportation Standards architecture as required by SAFETEA-LU Section 5307(c), 23 U.S.C. Section 512 and as amended by MAP-21 23 U.S.C. § 517(d), note and follow the provisions of FTA Notice, “FTA National Architectur e
P
olicy on Transit Projects,” 66 Fed. Reg.1455 et seq., January 8, 2001, and any other implementi ng di
rectives FTA may issue at a later date, except to the extent FTA determines otherwise in writing.

ADA ACCESS
1) In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. §
53 32, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addi
tion, the Contractor agrees to comply with any implementing requirements FTA may issue.

SAFE OPERATION OF MOTOR VEHICLES
1) Seat Belt Use - The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned vehicles, company-

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rented vehicles, or personally operated vehicles. The terms “company-owned” and “company-leased” refer to vehicles owned or leased either by the Contractor or Participating Public Agency. 2) Distracted Driver - The Contractor agrees to adopt and enforce workplace safety policies to decrease c
rashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privately -owned vehicle when on official business in connection with the work performed under this agreement.

PROMPT PAYMENT
1) The Prime Contractor shall pay any Subcontractor for work that has been satisfactorily performed no later than thirty (30) days from the date of the Prime Contractor’s receipt of each payment made by the Participating Public Agency. Additionally, within thirty (30) days of satisfactory completion of all work required of the Subcontractor, the Prime Contractor shall release any retainage payments withheld to the Subcontractor.

FTA PROTEST NOTIFICATION
A protestant must exhaust all Participating Public Agency Procurement administrative procedures and remedies before pursuing a protest with the FTA.
1) Any and all protests shall be in writing and shall be filed with the Purchasing Manager with t he
P
articipating Public Agency. A protest relating to the process for determining the most responsive and responsible contractor shall be filed within five (5) business days after the protestor knows or should hav
e known the basis of the determination. The Contract Officer shall respond to a protest within fourteen (14) calendar days after the receipt of the protest. The Purchasing Manager may grant the Contract Officer an extension for the response if warranted. A request for reconsideration of any and all determinations by the Contract Officer shall be filed with the Purchasing Manager within seven (7) calendar days after the receipt of the determination.
2) A protest shall include:
a. The name, address, and telephone number, including FAX number if available, of t he
pr
otestor;
b. The signature of the protestor or authorized representative; c. Identification of the contract/solicitation;
d. A detailed statement of the legal and/or factual grounds of protest including copies and/or citations of relevant documents, and;
e. The form of relief requested.
3) If any of the above information is omitted or incomplete, then the Protestor shall be notified, in writing, within two (2) calendar days after that determination, and the Protestor shall have two (2) calendar days in which to remedy the specified problem.
4) The Participating Public Agency will not make award prior to the resolution of a protest, or open bids prior to resolution of a protest filed before bid opening unless the Purchasing Manager determines in writing that it is in the best interests of the Participating Public Agency or in keeping with Item 7 of this

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procedure to do otherwise. Potential contractors will be advised of a pending protest if the protest is filed before award.
5) The Purchasing Manager may allow for an informal conference on the merits of a protest with all interested parties allowed to attend. Interested parties include all bidding contractors, and may als o
i
nclude a subcontractor or supplier provided they have a substantial economic interest in a portion of the IFB or RFP.
6) The Purchasing Manager shall respond "in writing", in detail, to each substantial issue raised in the protest. The Purchasing Manager has the sole authority to make determinations for the Participating P
ublic Agency, and a determination shall be considered final when it is labeled as such. A request for reconsideration will be allowed by the Purchasing Manager if he determines that data has become available that was not previously known, or that there has been an error of law or regulation. 7) The Participating Public Agency may proceed with procurement when a protest is pending if t he P
articipating Public Agency determines that:
a. The items to be procured are urgently required;
b. Delivery or performance will be unduly delayed by failure to make the award promptly; or c. Failure to make award will otherwise cause undue harm to the grantee for the Federal Government.
8) FTA will only entertain a protest that alleges:
a. The Participating Public Agency failed to have or to adhere to its protest procedures, or failed to review a complaint or protest; or
b. Violations of Federal law or regulation.
9) A protest to FTA must be filed in accordance with FTA Circular 4220.1F, available from the Contract Officer. Specifically, protestors shall file a protest with FTA Region 9 or FTA Headquarters Office no later than five (5) days after a final decision is rendered under the Participating Public Agency's protest procedure. In instances where the protestor alleges that the Participating Public Agency failed to make a final determination on the protest, protestors shall file a protest with FTA not later than five (5) calendar days after the protester knew or should have known of the grantee's failure to render a final determination on the protest.

A protest filed with FTA shall:
a. Include the name and address of the protestor.
b. Identify the grantee, project number, and the number of the contract solicitation. c. Contain a statement of the grounds for protest and any supporting documentation. This should detail the alleged failure to have or adhere to protest procedures, failure to review a
c
omplaint or protest; or Violation of Federal law or regulation.

Include a copy of the local protest filed with the grantee and a copy of the grantee's decision, if any.

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E
xhibit G
New Jersey Business Compliance
NEW

JERSEY BUSINESS COMPLIANCE
S
uppliers intending to do business in the State of New Jersey must comply with policies and procedures required under New Jersey statues. All offerors submitting proposals must complete the following forms specific to the State of New Jersey. Completed forms should be submitted with the offeror’s response to the RFP. Failure to complete the New Jersey packet will impact OMNIA Partners’ ability to promote the Master Agreement in the State of New Jersey.

DOC #1 Ownership Disclosure Form
DOC #2 Non-Collusion Affidavit
DOC #3 Affirmative Action Affidavit
DOC #4 Political Contribution Disclosure Form
DOC #5 Stockholder Disclosure Certification
DOC #6 Disclosure of Investment Activities in Iran, Russia and Belarus DOC #7 New Jersey Business Registration Certificate
DOC #8 EEOAA Evidence
DOC #9 MacBride Principals Form
New Jersey suppliers are required to comply with the following New Jersey statutes when applicable:
• al
l anti-discrimination laws, including those contained in N.J.S.A. 10:2-1 through N.J.S.A. 10:2
-14, N.J.S.A. 10:5-1, and N.J.S.A. 10:5-31 through 10:5-38; • P
revailing Wage Act, N.J.S.A. 34:11-56.26, for all contracts within the contemplation of the Ac
t;
• Public Works Contractor Registration Act, N.J.S.A. 34:11-56.26; and • Bid and Performance Security, as required by the applicable municipal or state statutes.

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DOC #1

STATEMENT OF OWNERSHIP DISCLOSURE
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43) This statement shall be completed, certified to, and included with all bid and proposal submissions. Failure to submit the required information is cause for automatic rejection of the bid or proposal.

Name of Organization:_____________________________________________________ O
rganization Address:_____________________________________________________ Part I Check the box that represents the type of business organization:
Sole Proprietorship (skip Parts II and III, execute certification in Part IV) Non-Profit Corporation (skip Parts II and III, execute certification in Part IV) For-Profit Corporation (any type) Limited Liability Company (LLC) Partnership Limited Partnership Limited Liability Partnership (LLP) Other (be specific): ______________________________________________ Part II
 The list below contains the names and addresses of all stockholders in the corporation who ow
n 10 percent or more of its stock, of any class, or of all individual partners in the par
tnership who own a 10 percent or greater interest therein, or of all members in the l
imited liability company who own a 10 percent or greater interest therein, as the case may be. (COMPLETE THE LIST BELOW IN THIS SECTION)
OR
 No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no individual partner in the partnership owns a 10 percent or greater interest therein, or no m
ember in the limited liability company owns a 10 percent or greater interest therein, as the c
ase may be. (SKIP TO PART IV)
(Please attach additional sheets if more space is needed):

Name of Individual or Business
Entity
Home Address (for Individuals) or Business Address
Weatherproofing Technologies Inc.
3735 Green Rd., Beachwood, OH 44122
X
X

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P
art III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS,

PARTNERS OR LLC MEMBERS LISTED IN PART II
If a bidder has a direct or indirect parent entity which is publicly traded, and any p
erson holds a 10 percent or greater beneficial interest in the publicly traded parent entity as of the last annual federal Security and Exchange Commission (SEC) or foreign equivalent filing, ownership disclosure can be met by providing links to the website(s) containing the last annual filing(s) with the federal Securities and Exchange Commission (or foreign equivalent) that contain the name and address of each person holding a 10% or greater beneficial interest in the publicly traded parent entity, along with the relevant page numbers of the filing(s) that contain the information on each such person.

Attach additional sheets if more space is needed.

Website (URL) containing the last annual SEC (or foreign equivalent) filing Page #’s Please list the names and addresses of each stockholder, partner or member owning a 10 percent or greater interest in any corresponding corporation, partnership and/or limited liability company (LLC) listed in Part II other than for any publicly traded parent entities referenced above. The disclosure shall be continued until names and addresses of every noncorporate stockholder, and individual partner, and member exceeding the 10 percent ownership criteria established pursuant to N.J.S.A. 52:25-24.2 has been listed. Attach additional sheets if more space is needed.

Stockholder/Partner/Member and
Corresponding Entity Listed in Part II
Home Address (for Individuals) or Business Address
Part IV Certification
I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I acknowledge: that I am authorized to execute this certification on behalf of the bidder/proposer; that the <name of contracting unit> is relying on the information contained herein and that I am under a continuing obligation from the date of this certification through the completion of any contracts with <type of contracting unit> to notify the <type of contracting unit> in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the, permitting the <type of contracting unit> to declare any contract(s) resulting from this certification void and unenforceable.

Full Name
(Print): Title:

Signature: Date:

DOC #2
J.K. Milliken, President
Version February 24, 2023
P
art III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS,

Attach additional sheets if more space is needed.

Full Name
(Print): Title:

Signature: Date:

DOC #2
J.K. Milliken, President
6/14/2023

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NON-COLLUSION AFFIDAVIT

STANDARD BID DOCUMENT REFERENCE
Reference: VII-H
Name of Form: NON-COLLUSION AFFIDAVIT
Statutory Reference: No specific statutory reference
State Statutory Reference N.J.S.A. 52:34-15
Instructions Reference: Statutory and Other Requirements VII-H Description:

The Owner’s use of this form is optional. It is used to ensure that the bidder has not participated in any collusion with any other bidder or Owner representative or otherwise taken any action in restraint of free and competitive
bidding.

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NON-COLLUSION AFFIDAVIT
State of New Jersey
County of _________________ ss:

I, ________________________________ residing in
___________________________________ (name of affiant) (name of municipality)
in the County of _______________________________ and State of _____________________of full age, being duly sworn according to law on my oath depose and say that:

I am _____________________________________ of the firm of _________________________
(title or position) (name of firm)
___
__________________________________ the bidder making this Proposal for the bid entitled ______________________________, and that I executed the said proposal with (title of bid proposal)
full authority to do so that said bidder has not, directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named project; and that all statements contained in said proposal and in this affidavit are true and correct, and made with full knowledge that the ______________ _________________________relies upon the truth of the statements contained in said Proposal
(name of contracting unit)
and in the statements contained in this affidavit in awarding the contract for the said project.

I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by
_________________________________________________.

Subscribed and sworn to
before me this day _____________________________
Signature
________________, 2____
___________________________________
(Type or print name of affiant under signature)
_____________________________
Notary public of
My Commission expires _______________
(Seal)
J.K. Milliken
Cuyahoga
President
Weatherproofing Technologies Inc.

Region 4 ESC 23-04
Weatherproofing Technologies Inc.

Weatherproofing Technologies Inc.

ATTACHMENT A

EXHIBIT A
471

Page 112 ends

DOC #3

AFFIRMATIVE ACTION AFFIDAVIT
(P.L. 1975, C.127)
Company Name:

Street:

City, State, Zip Code:

Proposal Certification:

Indicate below company’s compliance with New Jersey Affirmative Action regulations. Company’s proposal will be accepted even if company is not in compliance at this time. No contract and/or purchase order may be issued, however, until all Affirmative Action requirements are met.

Required Affirmative Action Evidence:

Procurement, Professional & Service Contracts (Exhibit A) Vendors must submit with proposal:

1. A
photocopy of a valid letter that the contractor is operating under an existing Federally approved or sanctioned affirmative action program (good for one year from the date of the letter);
OR

2. A photocopy of a Certificate of Employee Information Report approval, issued i n ac
cordance with N.J.A.C. 17:27-4;
OR

3. A photocopy of an Employee Information Report (Form AA302) provided by the Division of Contract Compliance and Equal Employment Opportunity in Public Contracts and distributed to the public agency to be completed by the contractor in accordance wi th
N
.J.A.C. 17:27-4.

P
ublic Work – Over $50,000 Total Project Cost:

A. N o approved Federal or New Jersey Affirmative Action Plan. We will complete Report Form AA201. A project contract ID number will be assigned to your firm upon receipt of the completed Initial Project Workforce Report (AA201) for this contract.

B. A
pproved Federal or New Jersey Plan – certificate enclosed I
further certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief.
____________________

_________________________________
Date Authorized Signature and Title
Weatherproofing Technologies Inc.
3735 Green Rd
Beachwood, OH 44122
President
Version February 24, 2023
DOC #3

AFFIRMATIVE ACTION AFFIDAVIT
(P.L. 1975, C.127)
Company Name:

Street:

City, State, Zip Code:

Proposal Certification:

Required Affirmative Action Evidence:

Procurement, Professional & Service Contracts (Exhibit A) Vendors must submit with proposal:

1. A
photocopy of a valid letter that the contractor is operating under an existing Federally approved or sanctioned affirmative action program (good for one year from the date of the letter);
OR

2. A photocopy of a Certificate of Employee Information Report approval, issued i n ac
cordance with N.J.A.C. 17:27-4;
OR

P
ublic Work – Over $50,000 Total Project Cost:

_________________________________
Date Authorized Signature and Title
Weatherproofing Technologies Inc.
3735 Green Rd
Beachwood, OH 44122
President
6/14/2023

ATTACHMENT A

EXHIBIT A
472

Page 113 ends

ATTACHMENT A
EXHIBIT A473

Page 114 ends

DOC #3, continued
P.L. 1995, c. 127 (N.J.A.C. 17:27)

MANDATORY AFFIRMATIVE ACTION LANGUAGE

PROCUREMENT, PROFESSIONAL AND SERVICE

CONTRACTS
During the performance of this contract, the contractor agrees as follows:

The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this non-discrimination clause.

The contractor or subcontractor, where applicable will, in all solicitations or advertisement for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation.

The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time and the Americans with Disabilities Act.

The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers trade consistent with the applicable county employment goal prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27 -5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time.

The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.

The contractor or subcontractor agrees to revise any of it testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job- related testing, as established by the statutes and court decisions of the state of New Jersey and as established by applicable Federal law and applicable Federal court decisions.

The contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and lay-off to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.

The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code (NJAC 17:27). ________________________________________________
Signature of Procurement Agent
Version February 24, 2023
DOC #3, continued
P.L. 1995, c. 127 (N.J.A.C. 17:27)

MANDATORY AFFIRMATIVE ACTION LANGUAGE

PROCUREMENT, PROFESSIONAL AND SERVICE

CONTRACTS
During the performance of this contract, the contractor agrees as follows:

ATTACHMENT A

EXHIBIT A
474

Page 115 ends

DOC #4
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
P
ublic Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that are required to file Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What follows are instructions on the use of form local units can provide to contractors that are required to disclose political contributions pursuant to N.J.S.A. 19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in Local Finance Notice 2006 -1 (http://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html ). Please refer back to these instructions for the appropriate links, as the Local Finance Notices include links that are no longer operational.

1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and open” process (N.J.S.A. 19:44A-20.7).

2. Due to the potential length of some contractor submissions, the public agency should consider allowing data to be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract documents or in an appropriate computer file and be available for public access. The form is worded to accept this alternat e
su
bmission. The text should be amended if electronic submission will not be allowed.

3. The submission must be received from the contractor and on file at least 10 days prior to award of the contract.

Resolutions of award should reflect that the disclosure has been received and is on file.

4. The contractor must disclose contributions made to candidate and party committees covering a wide range of public agencies, including all public agencies that have elected officials in the county of the public agency, state legislative positions, and various state entities. The Division of Local Government Services recommends that contractors be provided a list of the affected agencies. This will assist contractors in det ermining the campaign and political committees of the officials and candidates affected by the disclosure. a. The Division has prepared model disclosure forms for each county. They can be downloaded from the “Count y
P
CD Forms” link on the Pay -to-Play web site at http://www.nj.gov/dca/divisions/dlgs/programs/lpcl.html#12 .

They will be updated from time-to-time as necessary.
b. A public agency using these forms should edit them to properly reflect the correct legislative district(s). As the forms are county-based, they list all legislative districts in each county. Districts that do not represent the public agency should be removed from the lists.
c. Some contractors may find it easier to provide a single list that covers all contributions, regardless of the county.

These submissions are appropriate and should be accepted. d. The form may be used “as-is”, subject to edits as described herein. e. The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended that the Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are printe d
on
the back of the form; where that is not the case, the text should be edited accordingly. f. The form is a Word document and can be edited to meet local needs, and posted for download on web sites, used as an e-mail attachment, or provided as a printed document.

5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist the local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees listed on the Business Entity Disclosure Certification in the 12 months prior to the contract (See Local Finance Notice 2006-
7 for additional information on this obligation at
http://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html). A sample Certification form is part of this package and the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable to Boards of Education.

ATTACHMENT A

EXHIBIT A
475

Page 116 ends

DOC #4, continued
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c. 271, s.2 (N.J.S.A. 19:44A-

20.26). This law provides that 10 days prior to the award of such a contract, the contractor shall disclose contributions to:
• any State, county, or municipal committee of a political party • any legislative leadership committee*
• a
ny continuing political committee (a.k.a., political action committee) • any candidate committee of a candidate for, or holder of, an elective office:
o of the public entity awarding the contract
o of that county in which that public entity is located o of another public entity within that county
o or of a legislative district in which that public entity is located or, when the public entity is a county, of any legislative district which includes all or part of the county The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 for more details on reportable contributions.

N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a natural person. This includes the following:
• individuals with an “interest” ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit • all principals, partners, officers, or directors of the business entity or their spouses • any subsidiaries directly or indirectly controlled by the business entity • IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entit y
a
nd filing as continuing political committees, (PACs).

When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith, shall be deemed to be a contribution by the business entity.” [ N.J.S.A. 19:44A-20.26(b)] The contributor must be listed on the disclosure.

Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an amount to be determined by the Commission which may be based upon the amount that the business entity failed to report.

The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s responsibility to identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed information may exceed the minimum requirement.

The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open Public Records Act.

The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in meeting its obligations under the law. NOTE: This section does not apply to Board o f Education contracts.
* N .J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A -10.1) for the purpose of receiving contributions and maki ng
ex
penditures.”

ATTACHMENT A

EXHIBIT A
476

Page 117 ends

DOC #4, continued
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant to N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit no later than 10 days prior to the award of the contract.

Part I – Vendor Information
Vendor Name:

Address:

City: State: Zip:

The under
signed being authorized to certify, hereby certifies that the submission provided herein represents compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form.
_______________________ _______________________ ________________________ Signature Printed Name Title
Part II – Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of the government entities listed on the form provided by the local unit.
 Check here if disclosure is provided in electronic form Contributor Name Recipient Name Date Dollar Amount
$

Check here if the information is continued on subsequent page(s) J.K. Milliken, President
Weatherproofing T
echnologies Inc.
3735 Green Rd.

Beachwood OH 44122
Version February 24, 2023
DOC #4, continued
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant to N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit no later than 10 days prior to the award of the contract.

Part I – Vendor Information
Vendor Name:

Address:

City: State: Zip:

Beachwood OH 44122

ATTACHMENT A

EXHIBIT A
477

Page 118 ends

DOC #4, continued
List of Agencies with Elected Officials Required for Political Contribution Disclosure N.J.S.A. 19:44A-20.26
C
ounty Name:

State: Governor, and Legislative Leadership Committees
Legislative District #s:

State Senator and two members of the General Assembly per district.

County:

Freeholders County Clerk Sheriff
{County Executive} Surrogate
Municipalities (Mayor and members of governing body, regardless of title):

USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD FROM

THE PAY TO PLAY SECTION OF THE DLGS WEBSITE A COUNTY-
BASED, CUSTOMIZABLE FORM.

ATTACHMENT A

EXHIBIT A
478

Page 119 ends

DOC #5

STOCKHOLDER DISCLOSURE CERTIFICATION
Name of Business:
 I certify that the list below contains the names and home addresses of all stockholders holding 10% or more of the issued and outstanding stock of the undersigned.

OR
 I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the under
signed.

Check the box that represents the type of business organization:
Partnership Corporation Sole Proprietorship
Limited Partnership Limited Liability Corporation Limited Liability Partnership Subchapter S Corporation
S
ign and notarize the form below, and, if necessary, complete the stockholder list below.

Stockholders:

Name: Name:

Home Address: Home Address:

Name: Name:

Home Address: Home Address:

Name: Name:

Home Address: Home Address:

Subscribed and sworn before me this ___ day of
___________, 2__.
(Notary Public)
My Commission expires:
_________________________________
(
Affiant)

________________________________
(Print name & title of affiant)
(Corporate Seal)
X
X
J.K. Milliken, President
Version February 24, 2023
DOC #5

OR
 I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned.

Check the box that represents the type of business organization:
Partnership Corporation Sole Proprietorship
Limited Partnership Limited Liability Corporation Limited Liability Partnership Subchapter S Corporation
Sign and notarize the form below, and, if necessary, complete the stockholder list below.

Stockholders:

Name: Name:

Home Address: Home Address:

Name: Name:

Home Address: Home Address:

Name: Name:

Home Address: Home Address:

Subscribed and sworn before me this ___ day of
___________, 2__.
(Notary Public)
My Commission expires:
_________________________________
(
Affiant)

________________________________
(Print name & title of affiant)
(Corporate Seal)
X
X
J.K. Milliken, President

ATTACHMENT A

EXHIBIT A
479

Page 120 ends

X
J.K. Milliken,
President
Weatherproofing Technologies Inc.

Version February 24, 2023
DOC #6

DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN, RUSSIA AND BELARUS N.J.S.A. 52:32-57, et seq. (P.L. 2012, c.25 and P.L. 2021, c.4) and N.J.S.A. 52:32-60.1 Pursuant to N.J.S.A. 52:32-57, et seq. (P.L. 2012, c.25 and P.L. 2021, c.4) and N.J.S.A. 52:32-60.1 any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must certify that neither the person nor entity, nor any of its parents, subsidiaries, or affiliates, is identified on the New Jersey Department of the Treasury’s Chapter 25 List as a person or entity engaged in investment activities in Iran, Russia or Belarus. The Chapter 25 list is found on the Division’s website at https://www.state.nj.us/treasury/purchase/. Vendors/Bidders must review this list prior to completing the below certification. If the Qualified Purchasing Agent of the Atlantic County Utilities Authority finds a person or entity to be in violation of the law, he shall take action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.

CHECK THE APPROPRIATE BOX
I certify, pursuant to N.J.S.A. 52:32-57, et seq. (P.L. 2012, c.25 and P.L. 2021, c.4), and N.J.S.A. 52:32-60.1 that neither the Vendor/Bidder listed above nor any of its parents, subsidiaries, or affiliates is listed on the New Jersey Department of the Treasury’s Chapter 25 List of entities determined to be engaged in prohibited activities in Iran, Russia or Belarus.

OR
I am unable to certify as above because the Vendor/Bidder and/or one or more of its parents, subsidiaries, or affiliates is listed on the New Jersey Department of the Treasury’s Chapter 25 List. I will provide a detailed, accurate and precise description of the activ ities of the Vendor/Bidder, or one of its parents, subsidiaries or affiliates, has engaged in regarding investment activities in Iran by completing the information requested below.

Entity Engaged in Investment Activities
Relationship to Vendor/ Bidder
Description of Activities
Duration of Engagement
Anticipated Cessation Date
Attach Additional Sheets If Necessary.

CERTIFICATION
I, the undersigned, certify that I am authorized to execute this certification on behalf of the Vendor, that the foregoing information and any attachments hereto, to the best of my knowledge are true and complete. I acknowledge that the ACUA is relying on the information contained herein, and that the Vendor is under a continuing obligation from the date of this certification through the completion of any contract(s) with the ACUA to notify the Qualified Purchasing Agent in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification. If I do so, I will be subject to criminal prosecution under the law, and it will constitute a material breach of my agreement(s) with the ACUA, I am permitting the ACUA to declare any contract(s) resulting from this certification void and unenforceable.

Printed Name of Authorized Agent Signature of Authorized Agent Title Date
Company Name
X
J.K. Milliken,
President
Weatherproofing Technologies Inc.
6/14/2023

ATTACHMENT A

EXHIBIT A
480

Page 121 ends

Version February 24, 2023
DOC #7

NEW JERSEY BUSINESS REGISTRATION CERTIFICATE
(N.J.S.A. 52:32-44)
Offerors wishing to do business in New Jersey must submit their State Division of Revenue i
ssued Business Registration Certificate with their proposal here. Failure to do so will disqualify the Offeror from offering products or services in New Jersey through any resulting contract. https://www.njportal.com/DOR/BusinessRegistration/

ATTACHMENT A

EXHIBIT A
481

Page 122 ends

DO
C #8

EEOAA EVIDENCE
Equal Employment Opportunity/Affirmative Action
Goods, Professional Services & General Service Projects EEO/AA Evidence
Vendors are required to submit evidence of compliance with N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 in order to be considered a responsible vendor.

One of the fol lowing must be included with submission:
• Copy of Letter of Federal Approval
• Certificate of Employee Information Report
• Fully Executed Form AA302
• Fully Executed EEO-1 Report
See the guidelines at:
https
://www.state.nj.us/treasury/contract_compliance/documents/pdf/guidelines/pa.pd f for further information.

I certify that my bid package includes the required evidence per the above list and State website.

Name: ______________________________ Title: _____________________ Signature: ___________________________ Date: _____________________ J.K. Milliken, President
DO
C #8

I certify that my bid package includes the required evidence per the above list and State website.

Name: ______________________________ Title: _____________________ Signature: ___________________________ Date: _____________________ J.K. Milliken, President
6/14/2023

ATTACHMENT A

EXHIBIT A
482

Page 123 ends

X
J.K. Milliken, President
Version February 24, 2023

CERTIFICATION
I, the undersigned, certify that I am authorized to execute this certification on behalf of the Vendor/Bidder, that the foregoing information and any attachments hereto, to the best of my knowledge are true and complete. I acknowledge that the State of New Jersey is relying on the information contained herein, and that the Vendor/Bidder is under a continuing obligation from the date of this certification through the completion of any contract(s) with the State to notify the State in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification. If I do so, I will be subject to criminal prosecution under the law, and it will constitute a material breach of my agreement(s) with the State, permitting the State to declare any contract(s) resulting from this certification to be void and unenforceable.

DOC #9

MACBRIDE-PRINCIPLES

MACBRIDE PRINCIPALS FORM
__________________________________________
VENDOR’S/BIDDER’S REQUIREMENT

TO PROVIDE A CERTIFICATION IN COMPLIANCE WITH THE MACBRIDE PRINCIPALS AND NORTHERN IRELAND ACT OF 1989
Pursuant to Public Law 1995, c. 134, a responsible Vendor/Bidder selected, after public bidding, by the Director of the D
ivision of Purchase and Property, pursuant to N.J.S.A. 52:34-12, must complete the certification below by checking one of the two options listed below and signing where indicated. If a Vendor/Bidder that would otherwise be awarded a purchase, contract or agreement does not complete the certification, then the Director may determine, in accordance with applicable law and rules, that it is in the best interest of the State to award the purchase, contract or agreement to another Vendor/Bidder that has completed the certification and has submitted a bid within five (5) percent of the most advantageous bid. If the Director finds contractors to be in violation of the principals that are the subject of this law, he/she shall take such action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.

I, the undersigned, on behalf the Vendor/Bidder, certify pursuant to N.J.S.A. 52:34-12.2 that:

CHECK THE APPROPRIATE BOX
The Vendor/Bidder has no business operations in Northern Ireland; or OR
The Vendor/Bidder will take lawful steps in good faith to conduct any business operations it has in Northern Ireland in accordance with the MacBride principals of nondiscrimination in employment as set forth in section 2 of P.L. 1987, c. 177 (N.J.S.A. 52:18A-89.5) and in conformance with the United Kingdom’s Fair Employment (Northern Ireland) Act of 1989, and permit independent monitoring of its compliance with those principals.

Signature Date
Print Name and Title

STATE OF NEW JERSEY DEPARTMENT OF THE TREASURY

DIVISION OF PURCHASE AND PROPERTY
33 WEST STATE STREET, P.O. BOX 230
TRENTON, NEW JERSEY 08625-0230
BID SOLICITATION #: VENDOR/BIDDER:

X
J.K. Milliken, President
6/14/2023

ATTACHMENT A

EXHIBIT A
483

Page 124 ends

3/13/23, 3:16 PM N.J. Department of Treasury - Division of Revenue, On-Line Inquiry https://www1.state.nj.us/TYTR_BRC/servlet/common/BRCLogin 1/1

STATE OF NEW JERSEY

BUSINESS REGISTRATION CERTIFICATE
Taxpayer Name: WEATHERPROOFING TECHNOLOGIES, INC.

Trade Name:

Address: 3735 GREEN RD
BEACHWOOD, OH 44122-5705
Certificate Number: 0839364
Effective Date:

Date of Issuance: March 13, 2023
For Office Use Only:
20230313151614646 2022
Certificate Number Expiration Date: 02/05/2024 606189
This certificate may not be transferred or assigned
and may be revoked for cause by the Commissioner
of Labor and Workforce Development.

Registration Date: 02/06/2022
Responsible Representative(s): Responsible Representative(s):

Thomas Cummings, President Jaime Kathryn Brink, Vice-President Craig Nelson, Vice-President Jaime Brink, Treasurer
State of New Jersey
Department of Labor and Workforce Development
Division of Wage and Hour Compliance
Public Works Contractor Registration Act
Pursuant to N.J.S.A. 34:11-56.48, et seq. of the Public Works Contractor Registration Act, this certificate of registration is issued for purposes of bidding on any contract for public work or for engaging in the performance of any public work to:

Weatherproofing Technologies, Inc.

Robert
Asaro-Angelo, Commissioner
Department of Labor and Workforce Development NON TRANSFERABLE

ATTACHMENT A

EXHIBIT A
484
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com

Page 125 ends

Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
iv. Describe How Offeror Responds to Emergency Service Requests.

WTI understands the importance of providing responsive service. As such, we offer service 24 hours a day, seven days per week, 365 days per year (24/7/365). In the event of an emergency situation, OMNIA members can contact 877-587-3626 with their assigned account number. The call will then be dispatched to our key personnel for response. Response time is established with the account to define emergency (two- to four-hour response), standard (24- to 48-hour response), etc.

The dispatch for each location includes up to four points-of-contact (POCs), as shown below, to ensure effective response. 1 WTI Technician 1
2 WTI Technician 2
3 WTI Contractor
4 WTI Technical Advisor
Upon dispatch, the appropriate Technical Advisor will be notified of the issue for follow through. The Technical Advisor ensures that the request was completed and verifies WTI’s and Tremco’s financial responsibility.

Each member will be provided a process and an account number upon completion of a project or purchase of a warranty.

The process will include an 800 number for 24/7 response at no additional cost to the member. As part of the warranty, WTI will provide 24 hours a day/seven days a week Emergency Leak Response at no additional cost. Regardless of whether the leak is related to defective materials, wear and tear or storm-related damage (within the terms of the warranty), the dispatch center logs the call for priority treatment, assuring a fast, efficient response. We will perform all emergency roof system leak repairs required in accordance with our Leak Response Program and warranty terms. The leak will be repaired immediately unless weather or other conditions prevent such work, in which case the repair schedule will be coordinated with the member to be accomplished at the next available time period.

Proposals for standard orders are typically processed in one to three days while proposals for emergency orders are typically provided within 72 hours of notification, depending upon the scope and geographic location of the project. These times may vary depending upon unforeseen conditions and/or remote locations; however, our processes and procedures are designed to accommodate these time frames.

Our key personnel have experience responding to several emergency project situations. In these instances, working with the customer to respond to such conditions is our first priority. We also rely on long-standing relationships with contractors who also respect this level of service and are available on-site 24/7. Through our Construction Managers and Superintendents, we also have the knowledge and software tools to effectively estimate damage-control costs in a matter of hours. OMNIA members can expect no less than 24/7 on-call service from WTI on the service agreement. WTI is also available during natural disasters such as fires, floods and winter storms to assist with disaster response, offering members with priority service. For emergency/disaster response, we use an Emergency Service Agreement/Disaster Response form to expedite typical purchase order procedures. We follow up our emergency-response services with the required documentation for the client.

PERFORMANCE CAPABILITY

ATTACHMENT A

EXHIBIT A
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Solicitation No. 23-04

PERFORMANCE CAPABILITY
After hours customer service needs are handled on a case-by-case basis. We make every effort to meet our customers’ needs. Often, we staff our Customer Service Representatives to be able to accommodate not only daily needs but also emergency needs.

Our response times, including emergency leak response, will remain constant across all regions, however, adjustments to these response times will be made regarding remote geographical locations. In these instances, response times will be clearly communicated regarding safety, reasonable time frames and availability and mobility of personnel and equipment.

Our ability to service all regions at the same level is made possible through our diverse personnel resources located across the United States and is supplemented by our extensive contractor database. v. Describe Offeror’s Ability to Meet Service and Warranty Needs.

WTI and Tremco benefit OMNIA members by offering an all-encompassing service and product portfolio complete with manufacturer warranties from a single source. WTI provides one of the most comprehensive warranty packages in the roofing industry. Each of our warranties covers installation, details, flashing, materials, workmanship, inspection and preventative maintenance. Tremco offers several product and service warranty options to participating Public Sector Agencies to match their roofing needs as detailed below. With each of the Tremco warranties, OMNIA members will receive a 1-800 leak response service. Please note that several of the warranties listed below are available in multi-year terms, based on customer needs and/or requirements.
•
Quality Assurance (Q
A) Warranty
• QA Plus
• QA Premium Warr
anty
• Vegetative W
arranty
• Plain and Simple Warranty
• One-Year Tr
emco Performance Warranty (TPW)
• Material Warranty
• Warranty ext
ension and renewals are available for OMNIA members.

Sample Warranties
Sample warranties are available to OMNIA Members upon request.

ATTACHMENT A

EXHIBIT A
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Solicitation No. 23-04
One Building Envelope. One Warranty. One Powerful
System Delivering Unmatched Protection for Your
Building
Your property is a major investment, and its building
envelope is a critical component. OMNIA members get one chance to get it right—or spend many years and a lot of money trying to fix it.

Made up of hundreds, even thousands, of components,
a building’s “envelope” protects interior spaces and
occupants from the outside world. That includes shielding against the elements, excessive noise, and providing
resistance to other external disturbances.

Why cobble together an envelope with materials from
dozens of different suppliers when you can choose a
Tremco Construction Products Group (CPG) building
envelope, designed and tested to work as one continuous system and warranted together in a single document?
Systems & Services Covered Under a Single Warranty
•
Air & Vapor Barriers
• Cladding
• Glazing Syst
ems
• Insulated Concrete Forms
• Sealants & Adhesives
• Traffic Coatings
• Waterproofing
TH

E MORE TREMCO CPG COMPONENTS,

THE MORE PROTECTION
Most individual building component warranties are
limited to the dollar value of the material purchased.

With a Tremco CPG warranty, the more OMNIA members
single-source from the group, the greater the dollar value of coverage available should OMNIA members have an
issue. That’s because a Tremco CPG warranty is worth
the aggregate value of all the components purchased
from the group—providing a much larger pool should a
member have a warranted issue on any one component.

PERFORMANCE CAPABILITY

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Solicitation No. 23-04
vi. Describe Offeror’s Customer Service/Problem Resolution Process. Include Hours of Operation, Number of Services, etc.

WTI’s U.S. Customer Service Department consists of three Customer Service Centers as outlined in the below table.

Customer service centers and hours of operations.

Location Phone/Fax Hours of Operation
WTI Corporate Office
3735 Green Road
Beachwood, OH 44122
Ph:

Fx:
(216) 292-5000
(800) 852-6013
(216) 292-5038
8:30 am – 5:00 pm (EDT)
Western Division Office
3060 East 44th Street
Vernon, CA 90058
Ph:

Fx:
(213) 587-3014
(213) 585-6592 8:30 am – 5:00 pm (PDT)
Eastern Division Office
8 Main Street
Flemington, NJ 08822
Ph:

Fx:
(800) 628-751
(908) 782-1927
(908) 782-1898
8:30 am – 5:00 pm (EDT)
Because of the number and l
ocation of these service centers, WTI can handle the customer’s needs anywhere in the nation.

If additional hours of operation are desired, WTI’s Corporate Customer Service Manager, will consider accommodating the customer’s needs by altering the staffing within the department to provide a superior level of customer service.

After hours customer service needs are handled on a case-by-case basis. We make every effort to meet our customers’ needs.

Often, we staff our Customer Service Representatives to be able to accommodate not only daily needs but also emergency needs. In the event of an emergency situation, OMNIA members can contact the 800-5-TREMCO phone number 24/7/365 with their assigned account number. The call will then be dispatched for response. As previously mentioned, customer satisfaction is a focus and differentiator for WTI and Tremco. Our talented and focused customer service staff are an important part creating positive customer experiences and satisfaction. Through their caring, ability to problem-solve and bias for action, our representatives have the capability to create a satisfied customer with every call. And, they do it every day!

PERFORMANCE CAPABILITY
WTI and Tremco Field Representation covers all 50 states 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
Fort Smith AR
Shreveport
New Orleans
Baton Rouge
LA
St. Louis
Kansas City
Springfield
MO
Davenport
Des Moines
Waterloo
IA
Minneapolis
Duluth
St. Paul
MN
Madison
WI
Atlantic City
Newark
Trenton
NJ
Montpelier
VT
Concord
NH
Dover DE
Washington DC
DC
Milwaukee
OH
Charleston
ColumbiaGreenville
SC
Philadelphia
Harrisburg
Pittsburgh

CORPORATE

HEADQUARTERS

ATTACHMENT A

EXHIBIT A
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Solicitation No. 23-04

PERFORMANCE CAPABILITY
vii. Describe Offeror’s Invoicing Process. Include Payment T erms and Acceptable Methods of Payments.

Payment terms are net 30 days. We can accept Purchase Order, credit cards, ACH or check.

SAP has the ability to track member purchases, products and services, billing, accounts payable and other accounting functions. Through SAP, WTI can provide customized billing and reporting to OMNIA as a whole, as well as to individual participating members. This includes management reports, consolidated billing by location, time and attendance reports for participating Members. WTI currently uses SAP on our existing contracts that integrates manufacturing, finance, planning, implementation and operations to:
•
Improve cus
tomer relations and response times
• Improve perf
ormance without sacrificing quality
• Streamline manufacturing planning and ex
ecution
• Increase sales
• Reduce inefficiencies
• Improve cus
tomer service and marketing efforts
• Support finance expenditures and r
esources
• Streamline supply-chain planning and e
xecution
• Monitor compliance
• Improve bes
t business practices
viii. Describe Offeror’s Contract Implementation/Customer Transition Plan.

WTI has successfully implemented and performed similar construction and roofing and building envelope products and services on multiple contract awards for more many different types of cooperatives. Prior to award of a cooperative contract, we customize our proven framework to develop a client-specific approach for implementation. Our customized approach includes marketing, project acceptance and performance, emergency response, account management (including invoicing) and executive support. Depending on individual member needs, we can incorporate other services to best meet member needs. WTI has an established framework and a nationwide presence, we can easily adapt to individual cooperative 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 branded marketing efforts to cooperative Members.

As previously discussed, this typically includes a combination of press releases, social-media announcements, direct mailings, advertisements, participation in trade shows 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. This is evidenced in our customer satisfaction metrics, where customers awarded us a

9.1 out of 10 overall satisfaction rating and 98% of respondent customers said they would purchase our roofing systems again.

ATTACHMENT A

EXHIBIT A
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Solicitation No. 23-04

PERFORMANCE CAPABILITY
ix. Describe the financial condition of Offeror.

WTI is a building envelope industry leader and is in very good financial condition.

We are an affiliate member of the Tremco CPG, Inc. line-up of companies that make up the largest division of RPM International, our Fortune 500 parent company. WTI continues to see steady growth in the market and has a very healthy pipe-line of work. x. Provide a Website Link in Order to Review Website Ease of Use, Availability, and Capabilities Related to Ordering, Returns and Repor
ting. Describe the Website’s Capabilities and Functionality.

Due to the nature of our business, WTI currently does not have an on-line catalog/ordering website. These construction projects are independently specified and built for each building component’s current condition and structure. This requires field consulting/engineering services to design and offer the best solutions or multiple solutions for each building component. Online catalogs do not accommodate this type of built construction. WTI will provide representatives to cover and support all projects and does not provide an on-line catalog option.

Our Sales Representatives meet with customers to review and analyze individual facility roofing needs and propose the right solutions and products. This one-on-one sales approach allows our Sale Representatives to gain a full understanding of the needs of each Public Sector Agency and provide on the spot assessments of the areas of work. This approach ultimately saves time and cost in back and forth of online ordering and allows our teams to provide the services and products the customer needs the first time.

Tremco will allow for material only orders sold direct to end user, if needed, to be returned within 30 days of project completion. Depending on the products’ condition, the estimated time frame to complete this return process is up to 30 days. •
Returns must be product
s in good condition and authorized by Tremco prior to return shipment.

The following exceptions apply:
Exception: Due to warehouse limitations, there are no returns on Tremco Insulation products or TremLock™ Custom Metal Edge. Exception: Fas
tener supplier does not accept returns on Insulation Fastener Discs and limits fastener returns to 3 months from shipment.
Exception: PO
WERply™ SA Base Sheet and POWERply™ SA FR returns are limited to three months from shipment. Exception: THERMastic®, THERMas
tic® 50, and POWERply™ Modified Hot Melt Adhesive cannot be remelted or worked off, so returns of these four products are limited to pallets which are determined by a Tremco Representative to be in excellent condition. • Tremco reserves the right to refuse a return of a product sold and shipped more than one year ago. • Material must be returned in the ac
count name under which it originally shipped.
• Return freight charges ar
e the responsibility of the customer.

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EXHIBIT A
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3735 GREEN ROAD, BEACHWOOD, OH 44122
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Solicitation No. 23-04
Safety Record
Our industry can be a very dangerous one, where one wrong move can have long lasting and sometimes devastating effects on a family and our communities. This is why we require every employee to go through our OSHA safety training course. The results of our commitment to people shows as we have one of the best safety records in the industry, especially for a company of our size. The chart below illustrates WTI’s commitment to safety as we have one of the best safety records in the industry.

This is even more impressive when OMNIA members take into consideration that we are also one of the largest roofing and building envelope companies in the industry.

Corporate & Field
Market Safety Qualiﬁ cations Metric
2020 2021 2022
EMR
(Insurance Experience Modification Rate) .70 .65 .60
No. of Employees 1221 1311 1472
Hours Worked 2,114,385 2,374,237 2,655,983
No. of Fatalities 0 0 0
No. of Recordable Incidents 14 18 25
Total Recordable Incident Rate
(per 100 full-time employees) 1.32 1.52 2.33
No. of Lost Time Incidents 0 4 0
Lost Time Incident Rate
(per 100 full-time employees) 0 .34 0
Industry
Avg.—3.4
Industry
Avg.—1.4

PERFORMANCE CAPABILITY
xi. Describe the Offerer’s Safety Record.

ATTACHMENT A

EXHIBIT A
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PERFORMANCE CAPABILITY
xii. Performance Bond Plan - Offeror shall submit a
detailed performance bond plan that will meet
the P
articipating Public Agency’s local and state
statutory requirements. The Offeror is required
to be knowledgeable and current on all statutory
requirements for bonding. This should include, but
is not limited to, a letter from a surety company
that is licensed to do business in the states being
proposed in the submittal. Offerors shall also
provide a written statement acknowledging that
they can provide surety letters for any affiliates
to Region 4 ESC or participating agencies upon
request. Offerors may need to provide additional
capacity as work orders increase. Bonds will not
require that a fee be paid to Region 4 ESC. The
actual cost of the bond will be a pass-through
expense to the Participating Public Agency and
added to the purchase order.

WTI has been providing performance bonds on projects
for over 30 years in partnership with our insurance
provider, Liberty Mutual Insurance. As we provide bonding on projects in all 50 states, WTI is experienced and
knowledgeable about providing bonding for members’
projects in accordance with all states’ laws and statutory bonding requirements. We have enclosed a letter from
our surety agent evidencing our bonding capacity of $200 million aggregate and $100 million for a single project, which reflect ample capacity for any project awarded under the OMNIA 23-04 resultant contract agreement. Further,
we are able to provide surety letters as needed for any affiliates of Region 4 ESC that may request evidence of our ability to bond projects. Our bonding process begins at the estimating level where costs and thresholds are identified based upon project size and location in order to accurately and immediately identify bonding needs before the proposal phase starts. This process provides a quality-auditable process, which is ISO 9001:2015 certified. As project volume dictates, WTI will be able to confidently manage additional capacity to provide quality services to OMNIA members.

ATTACHMENT A

EXHIBIT A
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3735 GREEN ROAD, BEACHWOOD, OH 44122
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Solicitation No. 23-04

PERFORMANCE CAPABILITY
xiii. Safety/Environmental Plan - Offeror shall
submit a detailed safety plan with their
submittal. It should specifically address how
the Offeror will implement this plan with the
subcontractors. The safety plan will need to
address OSHA compliance, environmental
compliance, drug testing, trend analysis and
noncompliance corrective action. It should
also state whether a safety officer will interact
with the Par
ticipating Public Agency’s staff and
management of safety and environmental
issues while working in occupied areas.

It’s not a cliché that an organization’s greatest obligation is to provide a safe working environment. But that
commitment takes on even more importance when a
job’s responsibilities include the kind of potential risk you can find on a roof.

As the market leader in providing roofing solutions
and services, WTI fully recognizes what is at stake in
construction and renovation projects. We never leave the safety and security of employees, installation teams and other on-site trades to chance. Job site safety grounded in proper training is without question our highest priority.

That is why every one of our roofing and building
envelope projects, no matter the size, begins
with a thorough understanding of the job site’s
potential hazards, safe work procedures, product
characteristics, equipment operation, conditions, and
specific customer requirements.

That understanding is based on the extraordinary safety training we provide our field advisors and technical
personnel. To ensure that every installation is completed safely and efficiently, WTI has developed a comprehensive set of safety resources, with a strong emphasis on field safety training, job site audits, and extensive use of
systems and communication tools.

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EXHIBIT A
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Solicitation No. 23-04

PERFORMANCE CAPABILITY
Each of our field advisors have received safety training, to help them manage the trouble-free delivery of our
products and services. All of WTI’s technical field and general contracting management personnel have
received at least their OSHA 10-hour safety card—a
powerful statement when you consider that is the largest field team in our industry.

In addition, WTI ensures we continue providing this
knowledge with a core of over 20 Authorized OSHA
Outreach Trainers with extensive roofing craft experience.

This in-house safety expertise permits consistent and
safe installation of our systems focused on customer
and site-specific health and safety requirements. A team of safety experts is also available in the field to answer questions or concerns that may arise.

Tremco Roofing and WTI consistently perform better
than the industry averages for Roofing and Construction Services as measured by the commonly used Total
Recordable Injury Rate (TRIR) and Experience
Modification Rate (EMR) standards.

Safety Training and Expertise
•
Over 20 OSHA Authorized Construction H&S trainers
within WTI t
o provide and
• Extend on-the-job safety knowl
edge
• Over 300 Field Sales Advisor
s have received six weeks
of intensive roofing,
• Technical, project management and fiel
d safety
training
• Over 500 WTI employ
ees with current 10-hour cards –
within 3 years of issue
• Ongoing training updates—over 900 OSHA 10-hour
c
ards issued since 2007
• Over 80 WTI employ
ees with OSHA 30-hour cards
• Over 400 WTI employ
ees trained in First Aid/CPR
• Over 130 WTI trained as ANSI A92 Aerial Lift Operat
ors

ATTACHMENT A

EXHIBIT A
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3735 GREEN ROAD, BEACHWOOD, OH 44122
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Solicitation No. 23-04

PERFORMANCE CAPABILITY
WTI Safety Program
Each of the following components meet or exceed OSHA standards for the construction industry.

POLICIES AND

PROCEDURES
• WTI Safety Policies
• Hazard Communication Progr
am

FIELD SAFETY
• Start Safe Checklist
• Fall Protection
• Hazardous Energy Control/Lock Out, T
ag Out Program
• Confined Space Entry Program
• Fire Prev
ention & Protection
• Personnel Prot
ective Equipment (PPE) and Hygiene Requirements
• Respiratory Pr
otection
• Hot Work (involving flames, spark
s or heat)
• Hearing Protection/Noise
• Scaffolding Saf
ety
• Hand & Power T
ools

ENVIRONMENTAL

CONTROLS
• Environmental Controls (i.e., ventilation, lighting)
• Waste Disposal
• Vehicle Safety

EMPLOYEE

TRAINING/

COMPETENT

PERSONS
• OSHA 500 trainers
• OSHA 10 hour certification
• Job site inspections
• Alcohol, Drug & Subst
ance Policies and Screenings
• Product Related Health Information
• Tool Box 5-Minute Saf
ety Talks for On-Site Training
• Medical & First Aid Saf
ety Training and Expertise

SAFETY TRAINING

AND EXPERTISE
• Over 20 OSHA Authorized Construction H&S trainers within WTI to provide and extend on-the-job safety knowl
edge
• Over 300 Field Sales Advisor
s have received six weeks of intensive roofing, technical, project management and field safety training
• Over 500 WTI employ
ees with current 10 hour cards – within 3 years of issue • Ongoing training updates - ov
er 700 OSHA 10 hour cards issued since 2007
• Over 80 WTI employ
ees with OSHA 30 hour cards
• Over 400 WTI employ
ees trained in First Aid/CPR
• Over 130 WTI trained as ANSI A92 Aerial Lift Operat
ors

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EXHIBIT A
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3735 GREEN ROAD, BEACHWOOD, OH 44122
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Solicitation No. 23-04
Safety Data Sheets (SDS)
Access to our product Safety Data Sheets is available
on each jobsite. Each SDS meets and/or exceeds US –
OSHA, European Union and Canadian WHMIS. Safety
Data Sheets are also available by product. Just use the product sheet web-link in the front of this proposal.

Site Specific Safety Plans
The WTI staff regularly develops plans that specify
the minimum health, safety, and emergency response
requirements to be followed by WTI and Tremco personnel and our subcontractors during the construction activities of a particular project. These plans include a detailed Job Hazard Analysis, designation of EHS responsibilities, a description of our products and necessary protective
measures, and any additional information that the
customer or general contractor may require.

Sub-Contractor Safety Program Guidelines
The NRCA Contractor Safety Program or its equivalent
is the template for contractors and subcontractors to
develop documents. Each subcontractor/installation
team can use this comprehensive industry-wide program
developed under an OSHA Harwood Grant to customize
the safety program to meet their specific needs.

Environmental Health & Safety (EHS) Department
WTI provides a fully staffed EHS Department committed
to safety—from project inception to final walk-through.

A complete list of staff contact numbers is available
from the corporate office to ensure ready access to all business and emergency numbers at WTI.

Full Safety Plan
A full copy of our Safety Policy
Manual is available to OMNIA
members upon request..

PERFORMANCE CAPABILITY
Weatherproofing Technologies, Inc.
3735 Green Road • Beachwood, Ohio 44122 • 216.292.5000
Statement of Commitment and Responsibilities
Administrative Policies and Procedures
Safety and Health Policies and Programs
Supplemental Awareness Programs and Bulletins

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TAB 4

QUALIFICATIONS AND EXPERIENCE

REFERENCES
INCLUDES ANSWERS TO SECTION 2.c

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Solicitation No. 23-04
i. Provide a brief history of the Offeror, including year it was established and corporate office location.

Tremco, originally established in 1928, along with its
affiliated company, Weatherproofing Technologies,
Inc. (WTI) established in 1962, offers a comprehensive
inventory of roofing assessment, leak prevention, building envelope, product sales, 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 Inc., a Fortune 500 company and a world
leader in specialty coatings serves both industrial and consumer markets generating nearly $7 billion in annual sales. RPM has been in business for 75 years and employs more than 14,000 people worldwide and operates 139
manufacturing facilities in 27 countries, as well as sells products in approximately 170 countries and territories.

RPM is committed to providing the highest quality
products and services possible in the field of roofing, sealants and coatings.

WTI, along with its affiliated company Tremco, is ISO
9001:2015 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. We constantly look to improve our
management process within our strategic planning
processes through the input of our leadership, employees, and customers. Tremco is a renowned manufacturer
of roofing and weatherproofing products while WTI has
performed thousands of roofing projects nationwide.

Regardless of the type of roof, we can offer a solution through Tremco-manufactured products or other roofing
products. We have a pool of more than 1,200 pre-qualified subcontractors nationwide to assist in roofing project
performance. Not only are these subcontractors approved

QUALIFICATIONS AND EXPERIENCE

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Solicitation No. 23-04
in the installation of Tremco products, but they are also approved to install products from other manufacturers.

WTI has expanded its service capabilities to become a
full-service general contractor to all of our customers.

WTI’s general-contracting services include HVAC/
mechanical projects, indoor air quality solutions,
asphalt paving, concrete, tile and terrazzo rehabilitation/ restoration, exterior building wall cladding systems
and restoration, window systems repair and sealants,
photovoltaic (PV) systems, insulated concrete forms,
masonry, in addition to roofing restoration, maintenance and building envelope services. WTI’s general-
contracting capabilities are further supplemented by
Tremco’s vast sales and manufacturing resources.
ii. Describe Offeror’s reputation in the marketplace.

UNMATCHED EXPERTISE AND EXPERIENCE
WTI and Tremco service customers across all markets
including retail, healthcare, educational, and local, state and federal government as well as complex industrial
and manufacturing companies. OMNIA members will
have peace of mind knowing that their interests will be managed by a team of experienced professionals. We
deliver quality assurance with each product through
trained professionals who are qualified to perform
roofing and building envelope services.

We are the only building envelope services company
that helps maintain all six sides of the building. From start to finish we can provide solutions for every
building envelope need. From building and safety
assessments through complete GC services for boots
on the ground work, OMNIA members can have the
peace of mind that your building assets are safe and
will be well looked after for years to come.

With more than 90 years of building envelope
experience, Tremco is North America’s foremost
supplier of all aspects of roofing and building envelope materials and services. Tremco is uniquely positioned

QUALIFICATIONS AND EXPERIENCE

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EXHIBIT A
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to provide single-source products, services and
solutions for the entire building envelope. All Tremco
Incorporated facilities are ISO 9001:2015. A sampling
of relevant credentials, memberships and affiliations
are provided below.
•
Elevation A
ward for Roof Coatings from Durability +
Design Magazine for the renovation of the 340,000-
SF roof of Ford Field, home of the Detroit Lions, with
AlphaGuard BIO
•
NWIR – Tremco is a f
ounding member of NRCA’s
newly established volunteer-based organization that
provides educational and advancement opportunities
for women in the roofing industry
•
Center for Environment
al Information in Roofing
(CEIR) – WTI and Tremco are founding members
of CEIR, an organization established by the NRCA
dedicated to environmental and energy issues
•
Contributor to 2016 Edison Aw
ard Winner – Silver for
the Securock® ExoAir® 430 System
• US Army – Schofield Barracks, HI – Unit Commander’s
Coin – this is the highes
t unit citation that can be
awarded to a civilian company
• US Army – West Point, NY - Unit Commander’s Coin –
this is the highes
t unit citation that can be awarded to
a civilian company
• Northern Ohio District Council of Bricklayers
and Allied Cr
afts Certificate of Appreciation for
Contributions to the Apprenticeship Contest
• Roof Consultants Ins
titute, 18th Annual Convention,
Platinum Sponsor
• WTI and Tremco Sealant
s/Weatherproofing Division
Outstanding Exhibition Award
• Business Marketing Association Sil
ver Tower Award in
Advertising
• John T. Fosdick Aw
ard for Excellence in Advertising:

Highest Reader Interest Score
• Construction Specifications Institut
e (CSI) 20 Years of
Service
• The NC99 Award of Gr
eater Cleveland for one of the 99
Best Places in America to Work

QUALIFICATIONS AND EXPERIENCE

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EXHIBIT A
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• Roof Political Action Committee (RoofPAC) – WTI and
Tremc
o personnel have actively participated in several
forums and seminars where we have presented
white-paper lectures and additional industry-related
information.
•
Sponsor of Green Roofs and W
alls of the World Virtual
Summit
• Participation at the USGBC Greenbuild International
Conf
erence and Expo
• Receipt of Crain’
s Emerald Award Honoree for high-
performance building renovation and commitment to
sustainability
•
Register
ed Provider with The American Institute of
Architects Continuing Education Systems to deliver
AIA training courses
Our products and services have a strong reputation in
the marketplace. In fact, they have been used by clients nationwide for nearly 100 years. The infographic to the right shows the results from a recent survey, highlighting that 97 percent of clients would purchase from us again. iii. Describe Offeror’s reputation of products and
services in the marketplace.

Tremco has unified the industry’s leading building
and maintenance products into one total enclosure
system that allows our customers to build, restore, and maintain faster, safer, smarter and more efficiently. Our products and services are marketed to distributors,
contractors and end
-users spanning appro
ximately
130 countries and territories. Tremco is known in the
marketplace for offering six-sided solutions that deliver high-quality performance at the lowest possible life-
cycle costs, helping to ensure peace-of-mind through
long-term warranties and maintenance programs.

This is accomplished through the Tremco CPG family
consisting of Tremco Roofing and Building Maintenance,
Weatherproofing Technologies, Inc., Dryvit Brands, Nudura brands, Willseal, Prebuck LL, Tremco Barrier Solutions, Inc., WTI/Pure Air Services, and Canam Building Envelope Specialists offerings.

QUALIFICATIONS AND EXPERIENCE

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EXHIBIT A
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3735 GREEN ROAD, BEACHWOOD, OH 44122
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OUR BUILDING ENVELOPE SERVICES
TremCare
WTI is presently managing more than 2 billion square feet of roofing across all market sectors throughout the US, Canada and Europe, using our OLI® system software.

Over 800 million square feet of our asset management
programs include maintenance during their annual or
bi-annual inspections.

OLI
®
Our web-based On-Line Information System provides
instantly obtain detailed building envelope inspection
and maintenance data. OMNIA members can instantly
access everything they need to know about their roofs
to cost effectively manage their investments including
detailed building envelope inspection and maintenance
data, photos, repair recommendations, and so much more
information that will improve budgeting for future building envelope needs—they decide what they want and how
they want it reported. Managing even the most complex
building envelope inventories is simplified with 24/7 access to detailed post-inspection information about every roof in their inventory formatted for effective analysis. Expert roof inspectors from WTI thoroughly analyze their roofs and compile historical data as well as construction and condition information to formulate an accurate picture of the state of their roofs. Whatever they need to know about their building envelope investment including a wealth of condition information, including photos; service activity; warranty and contractor information; leak history; roof construction specifics such as the type of surfacing and membrane; and so much more are right at their fingertips.

Building envelope repair
WTI can assist with maintenance issues by providing
dedicated, professional crews to handle them, at terms that meet budget. Comprehensive up-front estimates, quality
assurance of all materials, and dedicated personnel to
handle patch and repair work to meet schedule and budget.

QUALIFICATIONS AND EXPERIENCE

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EXHIBIT A
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3735 GREEN ROAD, BEACHWOOD, OH 44122
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QUALIFICATIONS AND EXPERIENCE
Our crews can perform a variety of building envelope
maintenance services and emergency and non-emergency
leak repairs. Other services include flashing repair, drain and curb installations, roof cleaning and maintenance, joint sealing and air barrier. In addition, we provide indoor air quality disinfecting and sanitization solutions, as well as vertical and horizontal concrete structure repair solutions, including parking garages, walkways and decks.

Safety
Every one of our building envelope projects, no matter how large or how small, begins with a thorough understanding of the job site’s potential hazards, safe work procedures, product characteristics, equipment operation, conditions, and specific customer requirements. That understanding
is based on the extraordinary safety training we provide our field advisors and technical personnel. To ensure that every installation is completed safely and efficiently, WTI and Tremco have developed a comprehensive set of safety resources, with a strong emphasis on field safety training and job site audits.

All of our field advisors receive safety training, so they can manage the trouble-free delivery of our products
and services. All WTI employees receive at least their
OSHA 10-hour safety card. In addition, WTI ensures
we continue providing this knowledge with a core of
24 Authorized OSHA Outreach Trainers with extensive
building envelope experience. This in-house safety
expertise permits consistent and safe installation of our systems focused on customer and site-specific health
and safety requirements.

Roof component laboratory testing
TRACE (Tremco Roof Analysis Core Evaluation) offers
building owners a detailed, cost-effective way to
determine the composition, construction and condition of any built-up roof system. Using ASTM testing methods,
our experienced lab technicians perform 14 tests that
reveal important facts about roof composition and
condition. All analyses are done at Tremco’s state-of-the-

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QUALIFICATIONS AND EXPERIENCE
art research center, which is NVLAP (National Voluntary Laboratory Accreditation Program) accredited for bulk
asbestos analysis using polarized light microscopy
(NVLAP Code 200887-0). TRACE automatically includes a
Tremco ACT® (Asbestos Core Testing).

Infrared moisture analysis
A visual inspection, while valuable as a guide, cannot
accurately pinpoint moisture below the roof surface. A
Thermocore infrared moisture analysis provides detailed thermal map of how and where hidden moisture is located.

A sensitive infrared scanner is used at night to detect temperature differentials across the roof; areas over
wet insulation appears warmer than surrounding areas.

OMNIA members will get the data they need to make the
best decisions within budget.

WTI offers a full range of sophisticated analytical,
maintenance and information-based services with one
simple goal—to maximize the life of the building envelope and protect the value of the building. We understand
that before the right roofing decision can be made, it is critical to know what is right for each particular roof. This requires technical information about current conditions— its membrane type and bitumen—because these
technicalities can make a drastic difference in the cost of any planned roof work.

Small roofing problems can easily snowball into large,
expensive issues. Our TremCare® maintenance program
helps prevent premature deterioration and keeps roofing assets in top working order. With WTI’s trained roofing technicians performing regularly scheduled inspections, housekeeping and maintenance, problems are uncovered
and corrected early to prevent. Available for any kind
of roofing system, TremCare® programs are carefully
prepared and customized to suit all buildings and budgets.

Protection Under One Roof
TremCare® gives OMNIA members the ability to
choose the roofing maintenance and protection
program that’s right for them. And with OLI®, our On-

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QUALIFICATIONS AND EXPERIENCE
Line Information system, we even support businesses
that do not want the advantages of a TremCare®
maintenance program.

Used either on its own or as the central component of
TremCare® Gold and Platinum, OLI® represents the
latest in web-based information management systems.

OLI® can manage any combination of drawings, photos,
service activity reports, budgets, warranties, lifespan projections and much more. Data is available 24/7 in a
secure, password-protected area of our website.

Some customers want us only to repair leaks and not to
provide other maintenance activities. These customers
can take advantage of our 24-hour-a-day leak line
through the Tremsource® program.

Asset Management
If OMNIA members want to manage their own roofing
assets, WTI will conduct an extensive inventory of the
condition of all roofs to establish immediate needs and then enter the data into OLI® for their use.

TremCare
® GOLD
Since general rooftop housekeeping and preventive
maintenance are equally important, WTI experts will plan and prioritize both after thoroughly inspecting the roofs.

Detecting and repairing problems early saves money,
reduces downtime and damage to the roof, and prevents
premature deterioration. TremCare® Gold offers the
following services:
•
Housekeeping: WTI will remov
e incidental debris
(leaves, branches, paper, etc.) from the roof,
drains and gutters during scheduled, periodic
housekeeping operations.
•
Preventiv
e Maintenance: WTI will maintain roofs in
their present condition by making minor repairs to
the membrane and flashing systems. Preventive
maintenance is not designed to restore neglected
roofs to new condition.

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EXHIBIT A
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QUALIFICATIONS AND EXPERIENCE
• 24-Hour Emergency Leak Response: OMNIA
member
s can report leaks 24 hours a day, seven
days a week, on our dedicated, toll-free hotline. The
hotline logs the call for priority treatment, ensuring a fast, efficient response every time.

TremCare
® PLATINUM
In addition to the services of TremCare® Gold, TremCare® Platinum takes both the worry and the costs out of leaks.

Quite simply, the repairs are on us if the roof leaks.

Previously neglected roofs may require repairs or
upgrades before TremCare® Platinum can be instituted.

Eliminating additional costs for on-site visits to repair leaks also simplifies maintenance budgets. TremCare®
Platinum is intended for non-Tremco roofing systems or
Tremco roofs that are out of warranty.

Other Services
Thermocore
® Roof Moisture Analysis
Provides a detailed thermal map of hidden moisture. The data can be used to focus repairs on the roof’s problem areas, saving money on repair work.

TRACE
® and ACT®
Can answer questions about a roof’s make-up. The Tremco Roof Analysis Core Evaluation (TRACE) provides rigorous lab data on the construction, composition and condition of any built-up roofing system. ACT (Asbestos Core Testing) helps to accurately determine the exact percentage and
type of asbestos found in each ply and the adhesive or
mastic. ACT is included as part of a TRACE analysis.

Moisture probes are used to verify wet areas, and the
results of the infrared survey are confirmed by taking core samples. Some physical testing is necessary to measure
the quantity of moisture at the core site and details of the roof construction. All roof cores and moisture probes are immediately repaired with Tremco materials to ensure
waterproofing continuity.

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EXHIBIT A
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QUALIFICATIONS AND EXPERIENCE
Leak Response
Water leaking into the building is not only a nuisance, it can also cause significant damage to the building and danger to visitors.

WTI offers a full range of sophisticated analytical, maintenance and information-based services with one simple goal—to
maximize the life of the roof and protect the value of the building.

Roof and building assets experience abuse every day from weather, movement, modifications and traffic. As roofs age, minor problems may occur such as tears and splits in the roof membrane, and cracks and deterioration of the walls.

Although these defects may not be severe, if not repaired promptly they can become major problems and lead to a large capital expense.

WTI can provide professional crews to handle these
maintenance issues. Offering timely service, superior
workmanship and quality materials, our dedicated repair crews are available on either a contract or time-and-materials basis to meet budgetary needs.
•
Advantages Of Utilizing WTI’s Maint
enance Crews
• Comprehensive up-front es
timates
• Quality assurance of all mat
erials and labor
• Dedicated personnel t
o handle patch and repair work
• Timely scheduling of work
Our crews perform a variety of roofing and building
maint
enance services
Flashing Repairs and Installation
The most common reason for premature roof failure is flashing problems. Our crews will repair or replace failing flashings with reinforcement membranes designed to be compatible
with your roof system.

Drain and Curb Installations
Ponding water may also cause roof deterioration. Installation of new drains may alleviate this problem.

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EXHIBIT A
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QUALIFICATIONS AND EXPERIENCE
Emergency and Non-emergency Leak Repairs
Our crews are available to quickly repair any leaks, minimizing damage to an owner’s building and assets.

Annual Roof Cleaning and Maintenance
Since most manufacturers recommend that roof systems
receive regular inspections and maintenance, we are available to periodically inspect and clean all roof components.

Joint Sealing
Extreme weather changes, and the daily contraction and
expansion associated with them, along with age and other problems can create cracks or open joints in your parapet walls and concrete surfaces. This can allow water to infiltrate your roof and building. Our crews can make these repairs before damage becomes a problem.

The system provides
•
24/7, 365 toll-free phone reporting l
eaks
• OLI® access for reporting leaks
• Customized call r
oster for proper dispatching
On-line leak tracking system
(within OLI®) that provides
• Time and date of leak
call r
eported
• Repair start dat
e
• Repair completion dat
e
• Cause of leak
• Before and after phot
os
• Printable report
• Additional scopes of
work (if requir
ed)
SKYBEAM™
Collect and Analyze Building Data from Your Roofs and
Facades Quickly, Thoroughly and Cost Effectively
OMNIA members need to know if their roofs and facades are in good shape, or damaged by problems like ponding water; holes, gaps and cracks; torn membranes; soaked insulation; spalling concrete. Are they airtight, or leaking energy? Are they safe? Building owners need to really know their condition in

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EXHIBIT A
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QUALIFICATIONS AND EXPERIENCE
order to plan well. But mapping roofs and facades, difficult at best, is prohibitive if buildings are hundreds of feet tall, cover acres or are part of a campus. There was no good way to do this until now. Until SkyBEAM™ from WTI.

The Future Of Facility Mapping Takes Off
The groundbreaking SkyBEAM™ (Building Envelope Asset
Mapping) system is an unmanned aerial vehicle (UAV) with interchangeable, high-resolution still and infrared (IR, or thermal) cameras that help our customers understand the exact condition of their facilities before any work begins, and afterwards to ensure that the project was properly completed.

SkyBEAM™ gathers building data quickly, thoroughly and
safely. One of our tens of thousands of licensed* UAV pilots in the US and Canada will program SkyBEAM™ to fly to a specific height, do the mapping and return. SkyBEAM™ can map tall buildings without scaffolding, identifying problems that would have been virtually impossible to find before. It can map buildings with millions of square feet of roofing in a few hours, yet is cost effective enough to use with much smaller facilities.

Pinpointing Building Energy Issues
SkyBEAM™’s infrared camera detects heat variations around the roof, which often result from wet insulation retaining heat longer than dry insulation. These variations usually mean that the building is losing energy. Thermal mapping is most effective at night when the sun is not heating the building.

The SkyBEAM™ pilot flies the roof in a programmed pattern, taking numerous thermal photographs that are combined into a single large image (an orthomosaic) showing the location of irregularities that require verification. Technicians can then safely verify these areas during the day for removal, replacement or further analysis. Nobody sets foot on the roof in the dark to map it.

Exceptional Reporting Clearly Shows
the Building’s Condition
SkyBEAM™’s detailed reporting separates it from other UAV systems and is one of its great benefits, providing actionable data to use in making building decisions.

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Report Offerings Include
SkyBEAM™
Birdseye
Detailed high-resolution photos
taken from straight above the roof
show its condition before and after
a project.

SkyBEAM™
Insights
Detailed high-resolution photos
and an analysis of any damage
or areas of concern, exact
roof measurements and an
orthomosaic image. Optional 3D
modeling can be added.

SkyBEAM™
Exterior
Exterior photographs and an
interactive 3D model show the
façade’s condition.

SkyBEAM™ IR
Roof thermal images are
compiled into a comprehensive,
interactive, easy to understand
report that clearly and accurately
shows problem areas.

All data resides in our OLI
® OnLine Information system for
easy access.

Nothing Else is Like SkyBEAM™
SkyBEAM™ gives accurate visual evidence about your
buildings’ condition, especially difficult-to-map areas. It helps to improve facility maintenance planning and budgeting, is the safest way to conduct nighttime thermal mapping, and helps technicians maximize their time as they easily locate and repair rooftop damage.

With tens of thousands of licensed pilots, the use of artificial intelligence to capture a wide range of information about facility assets and provide detailed reports, and a history that includes being the first FAA-approved UAV for nighttime commercial use, SkyBEAM™ is one more example of how
Tremco Roofing’s innovations can help OMNIA members.

QUALIFICATIONS AND EXPERIENCE

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EXHIBIT A
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GENERAL CONTRACTING
With decades of experience delivering professional
construction and construction management services
to building owners throughout the United States, WTI
understands the complex issues faced by facility managers today. Aged infrastructures, budget and time constraints, rising energy costs and rapidly evolving sustainable
solutions combine to challenge high performance building goals. Only a professional construction firm with deep
technical expertise and broad project management
experience can deliver the breadth of services needed by building owners today.

WTI specializes in integrated repair, restoration and
retrofit services designed to help our customers improve building performance while reducing life-cycle costs. As a subsidiary of Tremco Incorporated, WTI general contracting capabilities have grown over the years from expert roof management programs to whole building solutions.

Integrated Building Repair and Restoration Services
Because buildings are complex systems, WTI’s approach
to facility repairs and renovation is based upon a thorough understanding of the relationship between building
components. Changing one component may have
repercussions throughout the building. That’s why we take a holistic approach to building restoration and start with a thorough understanding of the owner’s long-term goals for the building.

WE OFFER OUR CUSTOMERS A COMPLETE LINE OF

HIGH-PERFORMANCE ENVELOPE SOLUTIONS
•
Fluid applied
• Coatings
• Built-Up
• Modified Bitumen
• Metal
• Single Ply
• Vegetated
• Photovolt
aic
• Exterior Sealants
• Exterior Wall
Solutions for
Brick, Block,
Concr
ete, EIFS

QUALIFICATIONS AND EXPERIENCE

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EXHIBIT A
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QUALIFICATIONS AND EXPERIENCE
The Key to Time-Saving, Quality, and Cost-Effective
Roofing Projects
Maintaining the quality and control of your building
envelope projects can be challenging, if not
impossible, in the face of your daily responsibilities.

Construction Management Services from WTI takes
managing roofing projects off your plate, and puts
experts in charge of the intensive, time-consuming,
daily demands of administration, budgeting,
scheduling, quality control and on-site supervision.

When it comes to safeguarding your building envelope
investment, relying on warranties is not enough. The
best protection is a properly managed project, helping
building repairs to last longer and effectively lower
costs per square foot per year over their extended life.

Areas of Expertise
•
Roof repair, r
estoration,
and replacement
• Facade repair and
r
estoration
• Sustainable t
echnologies
& renewable energy
solutions
•
Whole building retr
ofits
• HVAC sy
stem upgrades
• Parking structure
r
epair and restoration
• Asphalt paving, repair
and replacement
•
Interior renov
ation
• Facility asset
management
programs
•
Air barrier solutions
WTI and Tremco hav
e demonstrated their commitment
to building envelope excellence by helping thousands
of customers in numerous industries, maximizing their
investment in their building envelope, and providing
peace of mind that their building assets are performing at peak efficiency.

Our products and services have a strong reputation in
the marketplace. In fact, they have been used by clients nationwide for nearly 100 years.

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MY T.E.A.M.

Cost Controlled Building Life-cycle
Management Maximize building durability,
property value and aesthetics.

My T.E.A.M. is a flexible data-driven program
designed to prioritize owner needs while cost
effectively managing all aspects of building
ownership.Tremco’s TEAM approach will diminish
building owner and facility manager risk by helping
to prioritize critical repairs, reduce or eliminate
accidents and surprises, while staying on schedule
and controlling costs.
25% Labor savings vs. traditional methods
15% Savings on engineering services
28% Savings on materials

REPLACE MAINTAIN NEWREPAIR/RESTORE
A Team Approach to Assets Management
Visual Assessment of Building Enclosure
3rd party Engineering Assessment
Consultant Network
Database of Enclosure Metrics (know what you have)
MyOLI Current Status (Green, Amber, and Red)
Thermocore
® roof moisture analysis*
Trace® (Tremco Roof Analysis Core Evaluation)*
ACT® (Asbestos Core Testing)*
Multi-year budget planning
Sustainability Metrics*
Industry Best Practices sharing
GC/CM services and contract management capabilities
Procurement Contracts
Material Sourcing (performance, testing, availability)
Approved Contractor Network
System Warranties (with extension options)
TremCare Ongoing Maintenance Services
Pure AIR
® Indoor Air Quality Testing and Equipment
Enclosure Testing and Energy Consulting
*as needed

QUALIFICATIONS AND EXPERIENCE

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EXHIBIT A
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QUALIFICATIONS AND EXPERIENCE
iv. Describe the experience and qualification of key employees With more than 60 years of experience, WTI is licensed in virtually every state in the nation to perform as a general contractor as well as provide roofing and building envelope services. The organization chart for the Roofing Products, Services and Job-Order-Contracting (JOC) Services contract below identifies the key positions responsible for contract implementation, marketing, and performing job orders. This organizational structure has performed for Region 4 ESC for more than 19 years and over 11 cooperative contracts, demonstrating our ability to meet the needs of public agencies nationwide.

On-Site Team Off-Site Team (Nationwide)
Construction Manager
16 Nationwide
Superintendents
21 Nationwide
Sales Reps
450+ Nationwide
Field Staff
Subcontractors
Testing Firms/Specialty
QC Inspectors
Cooperative Team Corporate Support
VP WTI
Krita Gnatt
VP Strategy
Craig Nelson
Director of Cooperative Programs
Jane Krivos
Public Market Sector Coordinator
Lauren Wade-Dove
Regional Divisional
Managers
James McDonald (Eastern)
John Walker (Central)
Josh Crandle (Western)
National
Program Director
David Naber
Manager Contractor
Network Program
Tommy Dunnam
RS Means Estimator
Tim Steffan
(no resume included)
Marketing Director
Johathan Jarrous
National Market
Development Manager
Regina Martino
Controller
Cindy Vizmeg
(no resume included)
Accounts Payable
Rob Harding
(no resume included)
Copies of resumes for key team members are available to OMNIA members upon request.

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v. Describe Offeror’s experience working with the
government sector.

WTI and Tremco has an extensive and long history working with the government sector at every level: local, state, and federal. WTI and Tremco support our government
sector customers with the construction industry’s most
comprehensive offering of roofing solutions and services, and building envelope expertise, to help keep facilities sound and watertight long into the future.

We have helped thousands of government sector
customers achieve their building asset goals, many of
them through our long association with OMNIA Partners.

WTI and Tremco has successfully teamed with Region
4 ESC and OMNIA to offer a cooperative contract
that meets the diverse needs of public agency facility
management, construction managers, maintenance staff
and procurement officials.

We recognize that identifying the problem and defining
the technical solution for government sector entities
only solves part of the problem. WTI understands that
government sector customers need to procure products
and services as quickly and economically as possible,
without sacrificing quality, performance, or transparency.

WTI’s proven history in the public sector demonstrates
our ability to service this important market.

Types of Government Sector Customer
•
K-12 Schools
• Higher Education
• State Vocational Schools
• State Agencies
• Cities/Municipalities
• Counties
• Housing Authorities
• Airports
• Water District
s
• Hospitals
We have w
orked with public agencies across the country
for decades and understand their operational needs and
budget challenges. And because their goals are our goals, we continually advance our own capabilities to offer a suite of solutions as customizable as they are turnkey.

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EXHIBIT A
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vi. Describe past litigation, bankruptcy, reorganization, state investigations of entity or current officers and directors.

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 service public agencies in accordance with OMNIA contractual requirements. In further response, over the last five years, WTI has no litigation resulting in a judgment against the company.
vii. References: Provide a minimum of 5 public agency customer references relating to the products and services within this R
FP . Two (2) of these customer references should be for projects delivered through the job order contracting (JOC) delivery method. All references should be for services within the past three (3) years. Include entity name, contact name and title, contact phone and email, city, state, years serviced, description of services and annual volume.

References are available to OMNIA members upon request.

QUALIFICATIONS AND EXPERIENCE

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EXHIBIT A
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3735 GREEN ROAD, BEACHWOOD, OH 44122
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viii. Subcontracting Plan and/or Explanation of Applicable Affiliate Relationships -Offeror shall submit a subcontracting plan with their submittal. This plan will explain the subcontracting procedures providing assurances that the subcontractors meet the same high standards as the contractor . This will include a
subcontractor’s log, subcontractor qualification form, felony conviction notice and child and sex offender notice.

This plan will also address how the Offeror will implement this safety plan with subcontractors (may reference the Offeror’s safety plan). The subcontractors will be held to the same standards as the Awarded Offeror.

A distinct portion of the subcontracting plan must deal with attracting, utilizing and mentoring small and disadvantaged businesses including how your company will attract these firms. Describe how your company will institute a prompt payment plan upon completion and acceptance of their work and how your company will make prog
ress payments to subcontractors on long term job orders.

The Offeror shall submit a plan detailing the relationship with any applicable affiliates that may do work under this contract. T
his submittal should include, but is not limited to, work history, credentials, PO processes, and process to maintain upstanding workmanship and service.

WTI and Tremco’s Small and Minority Business alliances are designed to meet both roofing and weatherproofing needs as well as socio-economic goals. With a network of 8(a), Service Disabled Veteran-Owned, HUBZone and other roofing and general construction contractors, we provide a full range of services to our customers that meet not only “Best Value” requirements but also mandates regarding disadvantaged and underutilized small businesses.

Drawing on decades of extensive experience providing turnkey roofing, building envelope and facility management solutions to customers in government, education, healthcare and many other industries, we work to enhance business opportunities in those sectors for small and minority businesses. Whenever possible, the small and minority businesses we work with are based near project sites in order to minimize mobilization and demobilization costs. We also leverage our partners’ knowledge of local working conditions, regulatory requirements and the availability of local suppliers. The program allows us to share our extensive experience and technical expertise with each small/minority business contractor, thereby ensuring the same quality workmanship that all Tremco Roofing contractors deliver.

WTI and Tremco has the unique ability to integrate quality assurance plans within each contract in order to measure the quantity, quality and timeliness of all products and services delivered. Most importantly, our combined capabilities provide a full array of services to meet the diverse needs of our government and public sector customers.

With 90+ years of experience supporting small business subcontractors, we consistently select subcontractors capable of executing the work to ensure every customer’s satisfaction. Regarding this need to exceed our customer’s expectations, we monitor the subcontractor’s schedule on multiple job orders to eliminate risk of overloading. This initiative allows us to firmly manage subcontractors while maintaining costs and schedule. Tremco’s success with women-owned, minority-owned and small business enterprises derives from treating subcontractors fairly and ensuring timely payment for services rendered.

WTI and Tremco clearly demonstrate an unwavering commitment to our entire current and fast-growing list of future subcontractors and small business partners. More specifically, the opportunities presented with this contract would help us grow our strategic small business partner alliances. WTI and Tremco are committed to making a good faith effort to ensure project management and judicious treatment of subcontractors. As such, we will make every attempt—both formally and informally—to establish and maintain an ongoing dialogue with these key contributors. Our intent is to build

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EXHIBIT A
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3735 GREEN ROAD, BEACHWOOD, OH 44122
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strong working relationships, which are invaluable when a particular project requires a special, accelerated time frame or an extraordinary level of teamwork to meet a performance objective.

Tremco’s criteria for selection of subcontractors is based on standards established by the NRCA. NRCA suggests that the contractor be a professional roofing contractor which meets or exceeds certain qualifications. Tremco has developed a Certified Contractor Program to exceed NRCA-suggested requirements as outlined below.

NRCA Requirement Tremco Requirement
A Permanent Place of Business Minimum of five years of experience in the roofing industry under the same name Knowledge of Roofing Systems Tremco-provided training for all Tremco specified roofing systems Insured and Committed to Safety Current insurance certificates on file with Tremco before material will be shipped Licensed and Bonded Bonding capabilities with a B+ (or better) rating with Best Financial Stability Not filed Chapter seven bankruptcy within the past 10 years and will adhere to Tremco’s standard credit policies
Application Expertise Five product supply references
Warranty A minimum two-year warranty on workmanship
Completed Projects Five completed jobs and customer references (three jobs at least three years old) Provisions for On-Site Supervision Agree to fund specified number of days per week of Tremco Technical Service Days during construction
Professional Maintenance Program Interested contractors can participate in Tremco’s TremCare program to supply maintenance to our customers
Tremco has tw
o levels for subcontractor certification —Approved and Certified.

Approved Certified
In addition to the above criteria subcontractors are
required to have a specified number of job site inspection days on their roofing projects. These days allow us the opportunity to monitor their performance with Tremco
systems and continue their education on the application of these systems.

In addition to the above criteria subcontractors must meet the above criteria and have successfully completed a minimum of five Tremco roofing system projects. They must also agree to participate in required, on-going Tremco training. At this level there is no requirement for job site inspection days on their projects unless specified by the Technical Advisor.

After being qualified as an Approved or Certified subcontractor, at a minimum, final subcontractor selection for a specific project will be based on a best value evaluation considering the following areas:
•
Past performanc
e/experience in work scope
• Availability of manpow
er and resources to meet project
schedule
• Schedule commitment on exis
ting projects
• Location of subcontract
or in relation to project site
• Rapid response/emergency r
esponse capabilities
• Current DUNS and CAGE number
s
• Ability to provide appr
opriate insurance and bonding

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EXHIBIT A
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3735 GREEN ROAD, BEACHWOOD, OH 44122
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Solicitation No. 23-04
Our subcontracting plans are created on a project by project basis, however, all of our subcontracting plans include the above-referenced information at a minimum to ensure that our customers receive both quality and safety-related essential standards at the forefront of every project. Surveillance and Performance: WTI mandates that work performed by subcontractors is held to the same standards as self-performed tasks. Subcontractor work is monitored for progress, quality and safety. WTI’s Superintendent manages subcontractor progress for adherence to the subcontract agreement and the QC Plan. In this role, the Superintendent is monitoring each subcontractor’s workload and resources against the upcoming schedule of work they are contracted to perform. The Superintendent also coordinates with the Construction Manager so that the delivery order is being constructed according to subcontract agreements and delivery-order specifications. The Superintendent conducts Weekly Status Meetings with each subcontractor’s Project Manager or Foreman to review schedule, quality, safety, cleanliness, on-site professionalism, critical issues and communication. Our commitment to quick and accurate subcontractor payments benefits the subcontractors and participating agencies with improved timeliness and quality.

Scheduling
Once the Construction Manager and Superintendent determine the tasks that will be self-performed and subcontracted, they identify fast-track and long-lead items before putting the subcontracted tasks out to bid. Our bidding process includes a schedule for each scope of work that is discussed with bidders so that any scheduling conflicts are identified during the selection process. Through our subcontractor-selection process, we select quality subcontractors capable of meeting the scheduling requirements of the delivery orders. WTI then develops a preliminary schedule and timelines based on information received from subcontractors during the bidding phase. The subcontractor’s final performance period and schedule are included in a signed subcontract agreement.

Subcontractors Log
WTI requires completion of a Subcontractor Log as part of each delivery order. The Superintendent will maintain and update the Subcontractor Log onsite during performance of field activities to reflect the firms involved and the tasks they perform.

Subcontractor Qualification Form
WTI tasks the Construction Manager with overseeing the subcontractor-selection process. Working in conjunction with the Superintendent, the Construction Manager will utilize a best-value selection approach. Based on the scope of work for individual delivery orders, subcontractors are notified of upcoming bids. In addition to requesting cost/price proposals, the Construction Manager evaluates technical expertise and reliability including the specific items below. •
Past performanc
e/experience in work scope
• Past performanc
e/experience for Omnia
• Availability of manpow
er and resources to meet
delivery-order schedule
• Schedule commitment on exis
ting delivery orders
• Location of subcontract
or in relation to
delivery-order site
• Rapid-response/emergency
-response capabilities
• Ability to provide appr
opriate insurance and bonding
Felony Conviction Notice and Child and Sex Offender Notice Subcontractors selected to perform on individual delivery orders will be required to complete and submit a Felony Conviction Notice and Child and Sex Offender Notice for personnel. These forms will be submitted to Omnia and/or participating agencies as required by the contract.

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EXHIBIT A
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3735 GREEN ROAD, BEACHWOOD, OH 44122
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Subcontractor Payments
WTI will make progress payments to subcontractors
based upon applications for payment submitted by
the subcontractors. Subcontractors are required to
submit monthly requisitions for payment for work
completed during the preceding month unless the
billings requirements of the participating agency contract documents specify otherwise, and those requirements
supersede these provisions. WTI will issue progress
payments on properly submitted requisitions relating
to work performed in accordance with the contract
documents o 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 10% or specified retainage
Retainage will be held until the DO has received the final inspection and has been accepted by the participating
agency. We 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 members and public agencies.

QUALIFICATIONS AND EXPERIENCE

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EXHIBIT A
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3735 GREEN ROAD, BEACHWOOD, OH 44122
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ix. Provide any additional information relevant to this section.

COOPERATIVE CONTRACT DELIVERY METHOD
In addition to the traditional services we have outlined in this proposal, we are excited to continue to offer the proven Contractor Network delivery model, which is highly desired by participating agencies. The Contractor Network allows participating agencies to capitalize on a network of highly qualified, local, best in-class and pre-qualified contractors to perform Roofing and Job Order Contracting (JOC) services. JOC projects will be limited to roofing, building envelope, restoration, and related services. Within this delivery model, WTI’s affiliate company, Tremco, provides Program Administration to support the Contractor Network Program.

This delivery model provides an opportunity to work with a growing number of public agencies that desire to work with their preferred, local, best in-class contractors, in collaboration with WTI and its affiliate company Tremco. This delivery model is significant in that it satisfies OMNIA’s desire for a national contract for roofing and building envelope products and services and JOC services while providing OMNIA’s members a valuable delivery model to utilize the OMNIA contract.

The Contractor Network allows participating agencies direct access to local, pre-qualified, best-in-class contractors. In this delivery model, Tremco provides Program Administration of the process and provides performance based and warranted technical solutions. The Contractor Network Delivery Model, like other models proposed, provides outstanding roofing performance, which is backed by warranties and maintenance agreements to provide participating agencies comprehensive roofing and building envelope asset management. Further, the Contractor Network Delivery Model will engage the design community due to its transparency and the fact that the services can be competitively proposed locally.

This value-added offering along with our general contracting and material only offerings, allows OMNIA members to select the delivery model option that best suits their needs and requirements.

Key Benefits of The National Cooperative Contractor Network Delivery Model to OMNIA Members • Seamless transparent method of delivery to create best value and best quality solutions for participating agencies • Access t
o local, best-in-class, pre-qualified contractors that are part of this response • Participating agencies receiv
e optimal value from In-Network contractors capable of successfully installing specified technical roofing and building envelope solutions
• Access t
o reliable, high-quality Tremco roofing and building envelope products and WTI services • Performance-based quality driv
en technical and warrantied solutions significantly reduces the risk of underperformance normally associated with the open market
• Auditable pricing using the most r
ecent online addition of RS Means Construction Cost Data • Pricing not to exc
eed the line-item pricing submitted with this proposal
• Tremco serv
es as Program Administrator to ensure ease of use and compliance with the Program

QUALIFICATIONS AND EXPERIENCE

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EXHIBIT A
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Solicitation No. 23-04
WTI’s parent company, Tremco, provides both technical and administrative support throughout the project as well as assumes the responsibilities outlined below.
• Assessment of participating agency needs and budget analysis • Resources nec
essary for technical specification development, when requested, or works collaboratively when the participating agency provides technical specifications
• Project specification re
view for applicable codes and state statutes related to professional certifications and other responsibilities
• Resources nec
essary for state and local professional certifications, when requested by the participating agency, provided in accordance with the protocols established by each individual state • Access t
o an expanding network of pre-qualified, best-in-class local and regional contractors • Administrative support, when r
equested by the participating agency, for review of project proposals and other project related support
• Technical and other administr
ative project support between the participating agency and selected contractor • Project consulting
• Attendance at pre-pr
oposal conferences
• Attendance at cons
truction meetings—pre-construction, progress and final inspection • Monitors contr
actor performance and measures against stipulated contractor qualification criteria • Performs project cl
ose out and issuance of construction photos, warranty(s), service manuals and programmed preventative maintenance (TremCare®), when included within the project scope of work • Programming and pre
ventative maintenance plans to extend the useful life of the client’s roofing inventory • Reviews Contr
actor Network applications and recommends to Region 4 for approval of contractors to be included in the Contractor Network based on established pre-qualified criteria to ensure only best-in class, financially viable contractors are part of the Contractor Network
• Administers the Contr
actor Network for process compliance

LOCAL/REGIONAL CONTRACTOR SUPPORT
WTI brings a vast network of resources to provide high-quality roofing and building envelope and JOC services anywhere in the US. With field offices, personnel, and pre-qualified contractors nationwide, we have the ability to minimize our response times and utilize cost-effective means to promote customer satisfaction. WTI works, in conjunction with Tremco, with hundreds of contractors annually. We strive to provide participating agencies with access to highly qualified contractors within proximity to the participating agency to the maximum extent possible.

This value-add delivery model will continue to benefit OMNIA and its members by providing a proven seamless business model that is fully transparent while allowing for competitive proposals among pre-qualified, local, and regional contractors. This model allows participating agencies to select Tremco’s roofing products, systems, and services, as well as other types of systems, and JOC services while providing a process in a strategic, fully transparent manner and will be provided at a competitive price.

QUALIFICATIONS AND EXPERIENCE

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EXHIBIT A
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3735 GREEN ROAD, BEACHWOOD, OH 44122
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Each company in the Contractor Network included in the Value Add has applied, met the programs stipulated criteria, been fully vetted, and previously accepted into the program by Region 4 Education Service Center. Each has met the following pre- established selection criteria and meets and exceeds standards established by the NRCA. In addition, In-Network Contractors must also meet the additional requirements to become accepted and remain part of the Network.

NRCA Requirements Additional Network Contractor Requirements • A Permanent Place of Business
• Knowledge of Roofing S
ystems
• Insured and Committed to Saf
ety
• Licensed and Bonded
• Financial Stability
• Application Expertise
• Past performanc
e
• Provisions for On-Sit
e Supervision
• Professional Maint
enance Programs
• Continually meets or ex
ceed program expectations
related to performance, quality, and safety
expectations
• Provides most disciplines of r
oofing, such as single
ply, modified bituminous, built up, metal, shingles or
tile and repair and/or building envelope solutions
•
Provides a variety of manuf
acturer certifications
• Ability to provide manuf
acturer warranties
• Financial capacity to insure, bond and e
xecute
roofing and building envelope or JOC public works
projects
•
Agrees to meet the OMNIA Terms and Conditions
c
ontained in the RFP
• Follows the Contr
actor Network delivery process
• Works collabor
atively with WTI, OMNIA members
The contractors within the Contractor Network may be required to have a specified number of job site inspection days on their roofing and building envelope or JOC projects. Inspection days allow WTI and its parent company, Tremco, to monitor the In-Network contractor’s performance, verifying the contractor is meeting the project specifications and meeting the participating agency’s needs.

The Contractor Network will be continually reviewed for the purpose of maintaining the highest standards possible. Each contractor within the Network will be periodically reviewed and required to update their credentials. The contractors will be evaluated on company performance, compliance, activity levels and their demonstrated competency within this business model. The Contractor Network process is designed to provide maximum value to participating agencies, by adding new contractors to the Contractor Network that will perform well while removing contractors from the Contractor Network that have underperformed.

Adding New Contractors to the Contractor Network
Any contractors wishing to enter the program will need to complete the on-line application and demonstrate competency in the stipulated criteria mentioned above including agreement to the terms and conditions contained in this RFP.

QUALIFICATIONS AND EXPERIENCE

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EXHIBIT A
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Solicitation No. 23-04
Contractors who meet the requirements of the Contractor Network Program will be sent to OMNIA and Region 4 ESC for approval, via a Request for Vendor Contract Update. Upon approval by Region 4 ESC, approved contractors will be included in this response.

Contractor Network Resources
The National Cooperative Contractor Network roster lists the individual pre-qualified and In-Network contractors that are independently owned and part of this RFP response. This roster was previously accepted into the program by Region 4 Education Service Center under OMNIA Contract #R180903 and will be updated in accordance with the process of adding contractors outlined above.

CONTRACTOR NETWORK METHOD OF DELIVERY PROCESS
In-Network contractors work directly with Tremco Technical Representatives to deliver projects. Under the Contractor Network method of delivery, the In-Network contractor becomes the prime. •
Tremco’
s Technical Representatives obtains a Certified Proposal Number. This number is provided to the In-Network contractor(s) to track the project
• In-Network contract
or or multiple In-Network contractors are selected for the Network to provide a proposal(s) for the project to the OMNIA member
• In-Network contract
or(s) includes the terms and conditions established by Region 4 ESC within their proposals and all project specifications
• In-Network contract
or(s) conducts a project job walk
• In-Network contract
or(s) submits their proposal(s) to the participating agency • Awarded In-Netw
ork contractor is required to obtain an independent RS Means pricing validation • OMNIA members issues a purchase or
der or contract directly to the awarded In-Network contractor; suggested PO language
Purchase order awarded to {insert selected In-Network contractor’s name}, in the amount of {insert purchase order amount}, in accordance with the Terms and Conditions outlined within the OMNIA Partners Public Sector, National IPA Weatherproofing Technologies Inc. Master Contract No.{insert contract number} and related project documents. •
Tremco obt
ains a copy of the purchase order and/or contract issued to the In-Network contractor, the RS Means estimate, and collects the administrative fee which Tremco transmits to OMNIA • In-Network contract
or invoices the OMNIA participating member directly
The project is completed compliantly, transparently, and provides OMNIA members with the assurance that their project was performed by a local, pre-qualified, best in class contractor while meeting the obligations of this contract.

Contractor Network Roster as of June 2023
Our complete copy of our contractor network list is available to OMNIA members upon request.

QUALIFICATIONS AND EXPERIENCE

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EXHIBIT A
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3735 GREEN ROAD, BEACHWOOD, OH 44122
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Solicitation No. 23-04

CONTRACTOR NETWORK PRICING
Pricing delivered through the Contractor Network delivery model is fully transparent, consistent, and fair. The pricing will consist of labor, material and fees associated based upon the design and scope complexity of each individual project. The practices used to develop project pricing will be consistently applied for each project and fully transparent to the participating agency. Each project will have specific labor skill set requirements in which a fully burdened rate will be provided. The pricing in total will not exceed the line-item pricing or the JOC coefficients submitted by WTI with this proposal. The awarded proposer’s labor hours used in the pricing will be consistent with the estimating guidelines established by the most current RS Means Construction Cost Index Guide or other Construction Cost Index Guide and will be fully auditable.

Pricing is based on the most current Online RS Means Cost Data, sorted by location code. Locations are defined as the “closest” code, as dictated by the first three numbers of the OMNIA member’s zip code. This will be used to determine the city cost index (CCI) at the OMNIA member’s site.

In addition, the coefficient submitted by WTI with this proposal further modifies the RS Means final price and is less than

1.0 therefore offering the OMNIA members an additional discount. This discounted percentage is found in Lines VA205 and applies a RS Means multiplier/factor of 93%. This factor is applied in the following manner. The In-Network Contractor will take the RS Means total item cost times .93 as the billable amount. The In-Network Contractor will furnish a line item estimate for the unique conditions of the building from the most current RS Means Construction Cost Index Guide. Awarded proposals will be equal to, or less than, the amount of the RS Means line item estimate, which is fully transparent, audible, consistent and fair. Prevailing wage rates will be paid according to the requirements of each state.

The following map represents the local, pre-qualified, best-in-class companies authorized to perform under the Contractor Network Delivery Model. The current Contractor Network roster previously accepted into the program by Region 4 ESC includes the companies that have been approved to perform work under this contract.

QUALIFICATIONS AND EXPERIENCE

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EXHIBIT A
525
3735 GREEN ROAD, BEACHWOOD, OH 44122
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TAB 5

ADDITIONAL REQUIRED DOCUMENTS (APPENDIX C)
ACKNOWLEDGMENT AND ACCEPTANCE OF REGION 4 ESC’S OPEN RECORDS POLICY (APP. C DOC #1) INCLUDES ANSWERS TO SECTION 2.d

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Appendix C, Doc #1

ACKNOWLEDGMENT AND ACCEPTANCE
OF REGION 4 ESC’s OPEN RECORDS POLICY
O

PEN RECORDS POLICY
All proposals, information and documents submitted are subject to the Public Information Act requirements governed by the State of Texas once a Contract(s) is executed. If an Offeror believes its response, or parts of its response, may be exempted from disclosure, the Offeror must specify page-by -page and line-by -line the parts of the response, which it believes, are exempt and include detailed reasons to substantiate the exemption. Price is not confidential and will not be withheld. Any unmarked information will be considered public information and released, if requested under the Public Information Act.

The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 4 ESC must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the Offeror are not acceptable. Region 4 ESC must comply with the opinions of the OAG. Region 4 ESC assumes no responsibility for asserting legal arguments on behalf of any Offeror. Offeror is advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information.

Signature below certifies complete acceptance of Region 4 ESC’s Open Records Policy, except as noted below (additional pages may be attached, if necessary).

Check one of the following responses to the Acknowledgment and Acceptance of Region 4 ESC’s Open Records Policy below:
 We acknowledge Region 4 ESC’s Open Records Policy and declare that no information submitted with this proposal, or any part of our proposal, is exempt from disclosure under the Public Information Act.
 We declare the following information to be a trade secret or proprietary and exem pt from disclosure under the Public Information Act.
(Note: Offeror must specify page-by-page and line-by-line the parts of the response, which it believes, are exempt. In addition, Offeror must include detailed reasons to substantiate the exemption(s). Price is not confident and will not be withheld. All information believed to be a trade secret or proprietary must be listed. It is further understood that failure to identify such information, in strict accordance with the instructions, will result in that information being considered public information and released, if requested under the Public Information Act.)

D
ate Authorized Signature & Title
X
Appendix C, Doc #1

ACKNOWLEDGMENT AND ACCEPTANCE
OF REGION 4 ESC’s OPEN RECORDS POLICY
O

Signature below certifies complete acceptance of Region 4 ESC’s Open Records Policy, except as noted below (additional pages may be attached, if necessary).

D
ate Authorized Signature & Title
X
President6/14/2023

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City Council and Concurrent AuthoritiesApril 14, 2026

City Council and Concurrent Authorities
April 14, 2026