•
® CITY COUNCIL
AGENDA ❑ COMMUNITY DEVELOPMENT COMMISSION
REPORT ❑ SUCCESSOR AGENCY
❑ BUENA SANITATION DISTRICT
❑ JOINT POWERS FINANCING AUTHORITY
Department: Public Works Item No: C5
Prepared by: Joshua Sino Cruz, Management Analyst Meeting Date: September 27, 2022 Kuna Muthusamy, Director
Approved by: Patrick Johnson, City Manager Agenda Location: Consent Calendar SUBJECT: VISTA SPORTS PARK TURF REPLACEMENT (CIP 8342) RECOMMENDATION: Adopt City Council Resolution No. 2022- , approving the contract for Vista Sports Park artificial turf installation services with Valley Precision Grading, Inc.
CORRELATION TO CITY COUNCIL GOALS: Parks & Recreation.
PRIOR ACTION: On June 28, 2022, adopted City Council Resolution No. 2022-108, approving the Six- Year Capital Improvement Program and FYs 2022/23 and 2023/24 Capital Project Budget and authorizing appropriations for Fiscal Years 2022/23 and 2023/24 Capital Projects (Vote: 4-0, Ritter experienced online technical difficulties).
On March 24, 2015, adopted City Council Resolution No. 2015-49, approving an agreement with Easy Turf, Inc., for the installation of synthetic sports turf at the Vista Sports Park (Vote: 5-0).
On November 18, 2008, adopted City Council Resolution No. 2008-234, approving an agreement with Lusardi Construction for design/build services for the Vista Sports Park (Vote: 5-0).
STATEMENT ON THE SUBJECT: In 2010, the Vista Sports Park soccer fields were constructed and installed with synthetic turf, and in in 2015, the practice field was constructed and installed with synthetic turf. The typical lifespan of the turf used in this capacity is approximately eight years. The turf has exceeded this timeframe and has reached its limits of wear and tear where replacement is now needed. A number of temporary repairs have been made to the turf during this calendar year to further the life of the turf through the current season.
Vista Municipal Code Section 3.08.060 (C) states that the Purchasing Officer has authority to join with other public agencies in a cooperative purchasing program for the purchase of equipment as long as the administering agency has made its purchase(s) in a competitive manner, and it is in the City's best interest to participate. The turf replacement can be purchased through a Sourcewell cooperative purchasing agreement. Sourcewell is a national municipal contracting agency and cooperative that competitively bids contracts to promote volume and competitive pricing. The contracts promoted through Sourcewell for the purchase of specialized equipment are made available to public agencies through participating distributors. The City is a member agency of Sourcewell and has successfully purchased equipment, materials and services in this manner in the past.
ACTION: Approved above recommendation, adopted City Council Resolution No. 2022-141.
Vote: 5-0
Clerk/Serretary
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MEETING DATE: September 27, 2022 PAGE 2
SUBJECT: VISTA SPORTS PARK TURF REPLACEMENT (CIP 8342) Staff recommends approving an agreement for the Vista Sports Park turf replacement with Valley Precision Grading, Inc. as a cooperative purchase through Sourcewell contract number 031622-SII.
Valley Precision Grading expects to have the turf installed immediately after the fall soccer season which ends in November. The new turf installation would be completed prior to the spring soccer season to ensure that our youth and adult soccer players are playing on hazard free turf.
FISCAL IMPACT: The cost for the Vista Sports Park Turf Replacement is $1,999,000 with the option to add maintenance services $7,900 annually, bringing the total maximum contract amount to $2,014,800.
Funds for the turf replacement ($1,999,000) are budgeted in the Capital Improvement Project account (No. 0026555.578999.8342). Annual maintenance services costs ($15,800) will be added upon discretion if funds become available in the Parks Maintenance Operational account (No. 0010525.521040).
EXHIBITS:
1. City Council Resolution No. 2022- , approving the contract for Vista Sports Park artificial turf installation services with Valley Precision Grading, Inc.
2. Agreement with Valley Precision Grading, Inc.
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RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, APPROVING THE CONTRACT FOR VISTA SPORTS
PARK ARTIFICIAL TURF INSTALLATION SERVICES WITH VALLEY
PRECISION GRADING, INC.
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. The City requires artificial turf replacement services at the Vista Sports Park.
B. The City will realize cost and time savings by participating in the Sourcewell cooperative purchasing program pursuant to Vista Municipal Code Section 3.08.060 (Sourcewell contract number 031622-SlI).
C. Funds are available in the Capital Improvements Project account.
2. Action.
A. The City Council approves the purchase of artificial turf replacement services in the maximum amount of$2,014,800 from Valley Precision Grading, Inc. through Sourcewell.
B. The City Manager is authorized to execute all necessary contract documents on behalf of the City with Valley Precision Grading, Inc. and/or Sourcewell.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on September 27, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
JUDY RITTER, MAYOR
APPROVED AS TO FORM: ATTEST:
WALTER CHUNG, CITY ATTORNEY KATHY VALDEZ, CITY CLERK By: By:
APPROVED
Walter C.Chung
20220901113541
000292137 EXHIBIT 1
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COOPERATIVE PROCUREMENT CONTRACT FOR VISTA SPORTS PARK
ARTIFICIAL TURF INSTALLATION SERVICES
THIS "CONTRACT" is entered into by and between the "Parties" as of ("Contract Date").
1.0 THE "PARTIES"
The "City": The "Contractor":
CITY OF VISTA, a chartered municipal VALLEY PRECISION GRADING, INC., a corporation California corporation
200 Civic Center Drive 3330 Luyung Drive
Vista, CA 92084 Rancho Cordova, CA 95742
Working Contact: Chris Arce Contact: David Digeronimo Billing Contact: Chris Arce
2.0 BASIC TERMS
2.1 Shaw Industries, Inc. was awarded a contract for procurement of artificial turf installation services under a competitive bid process from Sourcewell on May 25, 2022 ("Sourcewell Agreement"), which is set forth in Exhibit F, and Contractor, an authorized installer of Shaw Industries, Inc., has offered to provide goods and services to the City with the same terms and conditions that were provided to Sourcewell, except as otherwise modified herein.
2.2 City is authorized under Vista Municipal Code Section 3.08.060.C, to participate in cooperative purchasing plans, programs, or services. The Sourcewell Agreement expressly allows other governmental member agencies, such as City, to utilize it as a cooperative procurement contract.
2.3 The "Required License" for the Work is: A --General Engineering and C61ID12 —Synthetic Products.
2.4 Contractor, a contractor holding the Required License, desires to enter into this "Contract" with the City for the Work.
2.5 Contractor has submitted to City a Proposal to perform certain "Services" dated August 9, 2022 ("Exhibit A").
2.6 The "Project" for which the Services are required is described in Exhibit A,
2.7 Contractor desires to enter into this "Contract" with City for the Services.
2.8 The "Contract Ceiling Price" is in an amount not to exceed $2,014,800.
3.0 CONTRACT TERM
3.1 This Contract shall take effect as of the Contract Date.
3.2 This Contract shall be in effect for 24 calendar months ("Term"). The Term may be extended at the City's option for an additional 36 months, in increments of City's choice, for a G0108763 lCooperative Procurement Services(PW)(No RFP)
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maximum Term of 60 months from the Contract Date. The portion of the Work related to the removal and replacement of synthetic turf shall be completed no later than 90 working days from the Contract Date ("Contract Time").
3.3 Time is of the essence in this Contract. "Liquidated Damages" for failure to complete the Contract within the Contract Time are $150 per calendar day. The Liquidated Damages compensate for the loss to City resulting from Contractor's failure to complete the Work with the Contract Time and for the value of the operation of the Work following completion.
It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty.
3.4 City may terminate this Contract upon 30-days'written notice to Contractor. In such event, or upon request of City, Contractor shall assemble all City documents in the Contractor's possession, put them in order for proper filing and closing, and deliver the documents to City. In the event of termination, Contractor shall be paid for work performed to the termination date. City shall make the final determination as to the portion of tasks completed and the compensation to be paid.
4.0 EXECUTION OF ADDITIONAL DOCUMENTS
As a condition precedent to the effectiveness of this Contract, the Contractor shall execute and deliver to City the following checked document packages:
1. ® Contractor's Forms
2. ® Labor Law Compliance Form, Exhibit D (This Contract requires the payment of prevailing wages.)
5.0 SCOPE
Contractor shall perform all Work including, but not limited to, the furnishing of all tools, equipment, materials, supplies and manufactured articles, and for furnishing all transportation, services, including fuel, power and water, essential communications, and the performance of all labor, work or other operations, as may be required from time to time upon the issuance of a Work Order for the fulfillment of each specific task to be performed under the Contract ("Project"), in strict accordance Exhibit A. The Work shall be complete, and all work, material and services not expressly called for in the Proposal which may be necessary for complete and proper construction to carry out the Contract in good faith, shall be performed, furnished and installed by the Contractor at no increase in cost to the City, In the event of a conflict between the provisions this Contract text and Exhibit A, this Contract text shall control.
6.0 COMPENSATION
6.1 City shall pay Contractor the Contract Price for the successful performance of the Work within the Contract Time, in accordance with the rates set forth in Exhibit A.
6.2 An invoice for payment shall be submitted in a form satisfactory to City. At a minimum, the invoice shall include: the purchase order number, the work order number, a description of the work performed, and a total amount.
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6.3 Changes in, additions to, or deductions from the Services, including increases or decreases in the quantity of any item or portion of the Services, shall be set forth in a written change order executed by City and by the Contractor which shall specify:
6.3.1 The changes, additions, and deductions to be made.
6.3.2 The increase or decrease in compensation due the Contractor, if any.
6.3.3 Adjustment in the time of completion, if any.
6.4 Adjustments in the compensation due the Contractor shall be determined by mutually agreeable lump-sum. If requested by the City's Representative, the Contractor shall furnish an itemized breakdown of the quantities and prices used in computing proposed lump- sum.
6.5 Payment of the undisputed final Contract amount is contingent upon the Contractor furnishing the City with a release of all claims against the City arising by virtue of the Contract related to that amount. Disputed Contract claims in stated amounts may be specifically excluded by the Contractor from the operation of the release.
6.6 In addition to the amount which the City may retain under the above article on progress payments, the City may withhold a sufficient amount or amounts from any payment otherwise due to the Contractor as in its judgment may be necessary to cover:
6.6.1 Payments which may be past due and payable for just claims against the Contractor or any subcontractors for labor or materials furnished in or about the performance of the Work under this Contract.
6.6.2 Estimated or actual costs for correcting defective work not remedied.
6.6.3 Amounts claimed by the City as forfeiture due to delay or other offsets.
6.6.4 Estimated or actual costs for emergency work by City forces, which is a result of the Contractor's neglect or actions.
6.7 The City may apply such withheld amounts or amounts to the payment of such claims at its discretion. In so doing, the City shall be deemed the agent of the Contractor, and any payments so made by the City shall be considered as a payment made under the Contract by the City to the Contractor, and the City shall not be liable to the Contractor for such payment made in good faith. Such payments may be made without prior judicial determination of the claim or claims. The City will render to the Contractor a proper account of such funds disbursed in behalf of the Contractor.
6.8 Contract Ceiling Price
6.8.1 In no event shall City be liable for paying more than the Contract Ceiling Price for Contractor's services rendered under this Contract.
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pursuant to the change order procedure in Chapter 3.08. City and Contractor recognize that City lacks authority to exceed the cost ceiling without the express authorization of the City Council. If the maximum cost to City for this Contract is exceeded unexpectedly, payment shall be made as mutually agreeable and disputes shall be handled pursuant to this Contract, but work shall cease as soon as is reasonably feasible once the cost ceiling plus allowable change orders, if any, is exceeded.
7.0 CONTRACT DOCUMENTS
The Contract includes the following documents including all additions, deletions, modifications and appendices and all addenda setting forth any modifications or interpretations of any these documents: Exhibits A—E, the Sourcewell Agreement (Exhibit F), the documents required under Section 4, and the Standard Specifications (defined below). In resolving conflicts resulting from any inconsistencies in any of the Contract Documents, the Parties will use the following order of precedence: (1) this Contract and any duly authorized amendments thereto; (2) the Standard Specifications; (3) the documents required under Section 4; (4) Exhibits A-E; and (5) the Sourcewell Agreement (Exhibit F),
8.0 STANDARD SPECIFICATIONS AND STANDARD PLANS
8.1 Except as otherwise provided, whenever reference is made to "Standard Specifications", it shall mean:
Standard Specifications for Public Works Construction, most current edition and supplement, as last amended, with Regional Supplements, written and promulgated by Southern California Chapter, American Public Works Association, and Southern California District, Associated General Contractors of California, Joint Cooperative Committee ("Greenbook") and the City of Vista Special Provisions to the Greenbook.
8.2 Except as otherwise provided, whenever reference is made to "Standard Plans", it shall mean:
San Diego Area Regional Standard Drawings, and City of Vista Standard Drawings, latest edition, unless otherwise noted.
9.0 SUPPLEMENTARY DEFINITIONS
In addition to or in lieu of the terms and definitions specified in Section 1-2 of the Standard Specifications, wherever the following terms and definitions are used, the intent and meaning shall be as follows:
Board: The City Council of the City of Vista.
City: The City of Vista.
Drawings or Plans: All drawings, plans, maps, profiles and diagrams delineating the work on the Work.
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10.0 ADDITIONAL DRAWINGS
When appropriate, the Contractor will be furnished sufficient sets of drawings to properly complete the Work. There will be no charge for such drawings and specifications.
11.0 INTERPRETATION OF DRAWINGS AND SPECIFICATIONS
11.1 Figured dimensions on drawings shall govern, but work not dimensioned shall be as directed. Work not particularly shown or specified shall be the same as similar parts that are shown or specified. Large scale details shall take precedence over smaller scale drawings as to shape and details of construction. Specifications shall govern as to materials, workmanship and installation procedures. Drawings and specifications are intended to be fully cooperative and to agree. The specification calling for the higher quality material or workmanship shall prevail. In the event of any discrepancy between any drawings and the figures thereon, the figures shall be taken as correct. In the event of any doubt or question arising respecting the true meaning of the specifications, reference shall be made to the City Engineer whose decision thereon shall be final.
11.2 Representatives. Each Party shall appoint a representative who shall have the authority to represent and act for that Party ("Representative"). Any written or verbal directions or requests of the City's Representative delivered to the Contractor's Representative shall have the same force and effect as if delivered to the Contractor. The Contractor's Representative shall have the authority to sign any change order, coordinate the work of all subcontractors and make other decisions pertaining to the Contract.
11.3 Superintendence. The Contractor shall designate in writing a competent supervisor for the Work who must be personally present on the premises where the work on the Work is performed. When work is not in progress and during periods when the work is suspended, arrangements acceptable to the City's Representative shall be made for any emergency work that may be required.
11.4 Advance Notification. It shall be the Contractor's responsibility to determine and notify those agencies requiring advance notification for inspection or other purposes before beginning construction in any area of concern to that agency. A minimum of 48 hours' advance notice shall be given to the various agencies before beginning construction in the area unless specific advance times and requirements are stated in the Special Provisions or required by the agency. The names and telephone numbers for the respective agencies are listed on the drawings, in the Special Provisions, in the Work Order, or will be otherwise provided as applicable.
11.5 Inspection. The City's Representative shall at all times have access to the work during construction, and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship and character of materials and equipment used and employed in the work. Whenever the Contractor varies the period during which work is carried on each day, it shall give due notice to the City's Representative so that inspection may be provided. Any work done in the absence of the City's Representative will be subject to rejection. All installations which are to be backfilled or otherwise covered shall be inspected by the City's Representative prior to backfilling or covering, and the Contractor shall give due notice in advance of backfilling or covering to the City's Representative so that inspection may be provided. The inspection of the work shall not relieve the Contractor of any of its obligations to fulfill the Contract as prescribed. Defective work shall be made good, and unsuitable 00108763 tCooperative Procurement Services(PV)(No RFP)
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materials and equipment may be rejected notwithstanding the fact that such defective work and unsuitable materials and equipment have been previously inspected by the City's Representative or that payment therefore has been included in an estimate for payment.
11.6 Preservation of Property. The Contractor shall exercise due care to avoid injury to existing improvements or facilities, utility facilities, and adjacent property. All buildings and structures and any other improvements or facilities within or adjacent to the work shall be protected from injury or damage, and the Contractor shall provide and install suitable safeguards to protect such objects from injury or damage. If such objects are injured or damaged by reason of the Contractor's operation, they shall be replaced or restored at the Contractor's expense to a condition as good as when the Contractor entered upon the work or as good as required by the drawings and specifications if any such objects are a part of the work being performed.
11.7 Emergency. In an emergency affecting the safety of life or property, including adjoining property, the Contractor, without special instructions or authorizations, is authorized to act at its discretion to prevent such threatened loss or injury, and it shall so act as though instructed to do so by the City.
12.0 EXISTING UTILITIES AND IMPROVEMENTS
12.1 If the Contractor while performing the Contract discovers utility facilities not identified by the City in the Contract drawings or specifications, it shall immediately notify the City in writing.
12.2 The fact that existing utilities and improvements, either above or below the ground surface, are not shown in any drawings shall not relieve the Contractor of liability for complete and careful protection of said improvements from damage as specified herein.
12.3 All repairs to damaged utilities and improvements shall be inspected and approved by an authorized representative of the City before being concealed by backfili or other work.
13.0 UTILITY SERVICE INTERRUPTION
In all cases of alteration or relocation of service connections, the Contractor shall notify the City a minimum of four hours prior to said alteration or relocation, and service connection shall be returned to service in an amount of time not to exceed four hours.
14.0 MAINTENANCE AND GUARANTY
14.1 The Contractor hereby guarantees that all work performed by it under the Contract will fully meet all requirements of the Contract as to quality of workmanship and materials furnished by it. The Contractor hereby agrees to make at its own expense any repairs or replacements made necessary by defects in materials or workmanship supplied by it that become evident within one year after the date of final payment, and to restore to full compliance, with the requirements of these specifications part of the Work which during the one- year period is found to be deficient with respect to any provisions of the specifications.
14.2 The Contractor shall make all repairs and replacements promptly upon the receipt of written order from the City. If the Contractor fails to make such repairs and 00108763 tCooperative Procurement Services(PW)(No RFP)
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replacements promptly, the City may do the work and the Contractor and its surety shall be liable to the City for the cost thereof.
15.0 INDEMNIFICATION &WAIVER OF SUBROGATION
15.1 Contractor shall defend, indemnify and hold City and its officers, officials, employees, and volunteers ("Indemnitees") harmless against any and all liability, loss, damage, fine, penalty, expense, claim or cost (including without limitation costs and fees of litigation) of every nature (collectively, "Liability") arising out of or in connection with this Agreement or its performance except: (1) Liability caused by City's sole negligence or willful misconduct; or(2) for Liability caused by City's active negligence, in which case the indemnity received by City shall be reduced by the amount: (i) that City's active negligence contributed to the Liability on a comparative basis; or (ii) such other amount as may be required by law ("Duty of Indemnification"). This Duty of Indemnification is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees.
15.2 Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees.
16.0 INSURANCE AND BONDS
Contractor shall comply with the insurance and bond provisions set forth in Exhibit C.
17.0 SAFETY
17.1 In accordance with generally accepted construction practices, the Contractor shall be solely and completely responsible for conditions of the jobsite, including safety of all persons and property during performance of the Work, and the Contractor shall fully comply with all OSHA, State and Federal laws, rules, regulations and orders relating to safety of the public and workers.
17.2 It is the Contractor's responsibility to acquaint itself with and abide by these regulations during all phases of construction. The City will not be responsible for ensuring the Contractor's compliance with these regulations. The Contractor's duty of indemnification shall apply to any Liability caused by its failure to abide by these regulations.
17.3 The Contractor shall include any and all costs associated with compliance with these safety requirements in the appropriate bid items of Work to be performed.
18.0 PERMITS (CITY AND OTHER AGENCIES)
18.1 After execution of the Contract and prior to beginning work, the Contractor and all subcontractors shall execute a no fee construction permit at the City. A permit will be issued by the Engineering Inspector assigned to the Project for the Contractor and all subcontractors.
18.2 The permittees shall first submit the following documents to the City's Representative or its designee with proof that the policies/licenses are current:
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18.2.1 Contractor's License of appropriate classification.
18.2.2 City Business License. A fee will be charged for any new Business Licenses.
18.2.3 General Liability Insurance Certificate as required by Exhibit C.
18.2.4 Worker's Compensation Insurance Certificate as required by Exhibit C.
18.3 If any subcontractor does not have the amount of liability insurance required in these specifications, the Contractor must produce evidence satisfactory to the City's Risk Manager that the subcontractor's work is covered by the Contractor's liability insurance policy.
18.4 Agency permits, other than those issued by the City, will generally not be required unless specifically noted. If for some unknown reason the Contractor is required to obtain a permit, the City will compensate the Contractor for its actual cost plus a 10% markup.
19.0 SERVICE OF NOTICE
19.1 Any notice, which either Party may desire to give to the other Party, must be in writing and may be given by personal delivery to the Party's Representative or by overnight courier service to the Party's address set forth in Section 1.0. Notice may also be given by mailing it by registered or certified mail, return receipt requested, to the other Party at the address set forth in Section 1.0. Any notice given by mail will be deemed given 48 hours after such notice is deposited in the United States mail, addressed as provided with postage fully prepaid.
19.2 A Party may change its address by giving notice as provided above, and the changed address shall thereafter be deemed to be the address set forth in Section 1.0.
20.0 PUBLIC WORKS CONTRACTS: ASSIGNMENT TO AWARDING BODY In accordance with Section 4551 of the Government Code, the Contractor and subcontractors shall conform to the following requirements. In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or arising from purchases of goods, services or materials pursuant to the public works contract of the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the Parties.
21.0 RESOLUTION OF CONTRACT CLAIMS
The provisions of Article 1.5, Chapter 1, Part 3 of Division 2, of the Public Contract Code apply to this Contract. These provisions set forth a procedure for the resolution of disputed construction claims arising from this Contract. These provisions establish procedures for submitting claims and set minimum time limits for responding to such claims. Following a response, if a claim remains in dispute, a meet and confer conference between the claimant and 00108763 1Cooperative Procurement services(PW)(No RFP)
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the local agency may be demanded by the claimant. If the dispute remains unresolved following the meet and confer conference, and the claimant proceeds to file a civil action seeking to obtain enforcement and judgment on the claim, the dispute may be submitted to non-binding mediation and, if it remains unresolved, to judicial arbitration.
22.0 SPECIAL PROVISIONS
This Contract is subject to, and Contractor shall comply with, the special provisions referenced in Exhibit E, if any.
23.0 EXHIBITS
All documents referenced as exhibits in this Contract, or referenced in an exhibit to this Contract, are incorporated herein.
24.0 APPLICABLE LAW, VENUE
This Contract shall be construed and enforced under the laws of the State of California.
If any action is commenced by any Party to this Agreement, such action shall be filed in a court of competent jurisdiction within the County of San Diego, California.
25.0 MODIFICATIONS
This Contract contains the entire agreement, between the Parties and supersedes all prior negotiations, discussions, obligations and rights of the Parties in respect of each other regarding the subject matter of this Contract. There is no other written or oral understanding between the Parties. No modification, amendment or alteration of this Contract shall be valid unless it is in writing and signed by all Parties.
[Text continued onto page 10.]
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26.0 EXECUTION
IN WITNESS WHEREOF; the Parties hereto have executed this Contract as of the Contract Date.
CITY OF VISTA, a chartered municipal VALLEY PRECISION GRADING, INC., a corporation California
By: gy.
JUDY RITTER, MAYOR
Kristof fson President 09/08/22
ATTEST: NAME/TITLE
KATHY VALDEZ, CITY CLERK
By: By.
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY NAMEITITLE
By:
RISK MANAGEMENT REVIEW:
DOLORES GASCON, RISK MANAGER
By:
APPROVED
Amanda L.Guy
20220907160529
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EXHIBIT A
CONTRACTOR'S PROPOSAL
001087631 Exhibit A
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AV AV
ValleyPrecislon GradinQ Inc,
Athletic Construction Specialist
Proposal Date:09/09/2022
Attn: Chris Arce
Public Works Operations Manager
City of Vista
1165 E.Taylor Street
Vista Ca,92084
RE:Vista Sports Park—Removal and Replacement of Synthetic Turf Valley Precision Grading,Inc. is pleased to submit the following proposal to construct new athletic fields at Vista Sports Park. Pricing based upon existing 195,000 square feet of existing synthetic turf. The scope includes the two main fields and the warm-up area located in the SE location.
All pricing includes all prevailing wage labor, materials,taxes,tools,and equipment:
SCOPE INCLUDES THE FOLLOWING:
• General Conditions
• Mobilization&General Conditions Temporary Fencing. • Sourcewell fee(2%)Contract number 031622-SII
• Payment and Performance Bonding.
• Remove&Recycle Existing Turf.
• Repair base in deviated areas.
• Add trim board to existing board for pad height.
• Enplast underlayment pad system.
• Shaw Legion 2"PH Turf System with Natural Play Infill and Sand. • Inlay Packages.
o Inlaid Soccer Markings(2 Full Fields)
o Modified Soccer Markings(7v7,4 Fields total)
o Football Markings(2 Fields total
o Center Logos of City Seal(2 total)
• New groomer and sweeper unit.
• 3rd Party 8 year insured warranty.
Pricing for above scope of work $1,999,000.00
Annual Maintenance Grooming Service(2)visits a year $7,900.00/annual
1. Full Field Inspection.
2. Full field vacuum and debris removal using the SMG SportChamp.
3. Multi-Level field de-compaction using the SMG SportChamp.
4. Field Groom to level out infill across the playing surface.
5. Magnetic metallic objects removal.
6. Repairs performed—warranty repairs only,additional turf sections will be chargeable for replacement of area.
7. Owner Sign Off.
Exclusions:
• Any work, materials or labor not directly included and/or stated above. • Any asphalt,electrical boxes, conduits,sports lighting,score board,sports equipment outside of field goal post for football.
OA A
Turf shams- shave, rass �� Watershed
SPORTS TURF SOUTHWEST GREENS Geosynthetics- G Q l F 6 L x 6
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AV AV
ValleyPrecislon GradinQ Inc,
Athletic Construction Specialist
• Any new irrigation installations, repairs or modifications not called out above. • Any dirt deemed hazardous material by landfill or any undocumented fill soils. • Any DG removal that is not in the locations of the concrete or new turf location. • Any fence, netting repair,or replacement.
• Any new, repair or replacement of concrete or asphalt. • Any field graphics or logos not listed on bid plans and/or documents. • Any sports event,goals,sports netting,or any other athletic equipment installation or applications.
• SWPPP measures of any kind.
• ANYTHING NOT INCLUDED IN ABOVE SCOPE
Thank you again for this opportunity! We certainly do look forward to working with you and are available at any time to answer any questions or review this proposal.
THIS QUOTATION IS OPEN FOR ACCEPTANCE FOR A PERIOD OF 45 DAYS,AFTER WHICH TIME, IF NOT ACCEPTED, IT WILL BE NULL AND VOID. FOR QUESTIONS, PLEASE CONTACT THE REPRESENTATIVE LISTED BELOW:
Sincerely,
Kip Olson, President
Valley Precision Grading,Inc.
[email protected]
Office: (916)638-8800
CSLB#783244—DIR Reg#1000002356
Sign: Date:
Please sign and date the proposal or issue a purchase order and send to the above-mentioned representee's email address. 6;�W 0 R*
Turf shams- shave, rass �� Watershed
SPORTS TURF SOUTHWEST GREENS GeDsynthetics- G Q l F 6 L x 6
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EXHIBIT B
NOT APPLICABLE TO THIS CONTRACT
001087631 Exhibit B
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EXHIBIT C
INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. Nothing in these provisions shall limit Contractor's Duty of Indemnification.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability ("CGL"): Insurance Services Office Form CG 00 01 covering CGL on an `occurrence" basis, including products, completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employers' Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
Contractor shall also provide the additional coverages checked below and at least as broad as:
4. ❑ Professional Liability, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
If the Contractor maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Deductibles and Self-insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the Contractor shall cause the insurer to reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Other insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of with respect 00108763 1 Exhibit C, Page 1 of 3
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to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in advance by City.
2. For any claims related to this Project, the Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by City, its officers, officials, employees, and volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to City.
Claims Made Policies
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to City for review.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to City.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. City reserves the right to require 001087631 Exhibit C, Page 2 of 3
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complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. 001087631 Exhibit C, Page 3 of 3
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AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code§§ 1720, 1771.1, 1773.8, 1775. 1776, 1777.5, 1613, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law:
1. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor of any tier may be awarded a contract for public work on a public works project without proof of registration with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
2. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ("Agency") and agrees to be bound by all the provisions thereof as though set forth in full herein.
3. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law.
4. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties forfailure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor.
5. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.
6. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
7. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25)for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1,Article 3 of the California Labor Code.
8. Registrations under Section 1725.5 expire annually at the end of June, and Contractor is responsible for verifying the renewal status of each subcontractor, of any tier, working on this Contract,and providing City with an updated list of all subcontractors and their registration status. Subcontractors who do not timely renew their registration must be removed from the job site until they are registered. The removal of a subcontractor for failure to be registered shall not be cause for any extension of time or additional compensation of any nature under the Contract.
9. Contractor shall provide to City, as a condition precedent to the payment of Contractor's final retention, a complete list of all subcontractors who have worked on the Project, including their registration numbers. This list must be provided at least 30days prior to the payment of the final retention and shall be submitted under penalty of perjury.
10. To the fullest extent permitted by law and without limitation by the other provisions of this Contract relating to indemnification and insurance, Contractor shall also indemnify, defend and hold harmless City, and its directors, officers, employees and agents from and against all liability, excluding penalties assessed 001087531 Exhibit D
09/27/2022 C5 Page 21 of 58
against City under Labor Code Section 1773.3, but including, without limitation, associated investigation and administrative expenses, defense costs, reasonable attorneys' fees, expert witness fees, court costs, and costs of alternative dispute resolution, resulting from Contractor's failure to comply with the provisions of this section and of Article 2, Chapter 1, Part 7, Division 2 of the California Labor Code with respect to Contractor, all subcontractors of any tier, and their respective employees working under this Contract.
11. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performan tf�e wor c f thi tract."
Date 09/07/2022
—�fa- s o er Olson Presi Company:Valley Precision Grading, Inc. 00/087631 Exhibit D
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EXHIBIT E
SPECIAL PROVISIONS
This Contract is subject to the following provisions, if checked:
1. ❑ State of California grant conditions, as attached.
2. ❑ Federal grant conditions, as attached.
3. ❑ Other conditions, as attached.
001087631 Exhibit E
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EXHIBIT F
5OURCEWELL AGREEMENT
001087631 Exhibit F
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DocuSign Envelope ID:4F2B1E41-1FBE-429A-8F83-313505AE6D85 031622-SII
Sourcewell 1
Solicitation Number: RFP #031622
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Shaw Industries, Inc., 616 E. Walnut Ave., Dalton, GA 37021 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Artificial Turf and Tracks with Installation, Related Equipment, Materials, and Supplies from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires May 26, 2026, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.
C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
Supplier's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
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All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that extends beyond the expiration of the Supplier's warranty will be passed on to the Participating Entity.
Notwithstanding anything herein to the contrary, Supplier's warranty of the Equipment, Products, and Services is subject to the applicable generally published manufacturer's limited product warranty, such that in the event of a conflict between this Contract and such manufacturer's limited product warranty, the terms of the manufacturer's limited product warranty control. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH, AND TO THE
MAXIMUM EXTENT PERMITTED BY LAW, SUPPLIER MAKES NO OTHER WARRANTIES FOR ANY
EQUIPMENT, PRODUCTS, SERVICES, OR MATERIALS PROVIDED UNDER THIS CONTRACT AND
HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier's authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier's responsibility to ensure Sourcewell receives the most current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier's Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity's requested delivery location.
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Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. Unless exempt, the applicable Participating Entity is responsible for all applicable taxes arising from the provision of Equipment, Products, or Services under this Contract, which shall be in addition to any other pricing for such goods and/or services.
C. HOT LIST PRICING. At anytime during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at anytime through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
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4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. Sourcewell's approval of such requests will not be unreasonably withheld. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must:
• Identify the applicable Sourcewell contract number;
• Clearly specify the requested change;
• Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
Upon receipt of a properly submitted request, Sourcewell will approve Equipment, Product, or Service price increases, without limitation, if such increase is attributable to a material change in applicable duties, taxes, tariffs, similar charges, or other government action.
A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference. Sourcewell will use commercially reasonable efforts to expedite the effective implementation of any approved Price and Product Change Request.
S. PARTICIPATION, CONTRACT ACCESS,AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
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Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and, where appropriate, will encourage potential participating entities to join Sourcewell, unless such potential participating entity is already a member of another group purchasing organization or similar cooperative organization.
Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier's employees maybe required to perform work at government- owned facilities, including schools. Supplier's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order must clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.
Supplier's acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone Rev. 3/2021 5
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agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be the state where the Participating Entity making the purchase is located.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
• Maintenance and management of this Contract;
• Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).
The Report must contain the following fields:
• Participating Entity Name (e.g., City of Staples Highway Department); Rev. 3/2021 6
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• Participating Entity Physical Street Address;
• Participating Entity City;
• Participating Entity State/Province;
• Participating Entity Zip/Postal Code;
• Participating Entity Contact Name;
• Participating Entity Contact Email Address;
• Participating Entity Contact Telephone Number;
• Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description;
• Item Purchased Price;
• Sourcewell Administrative Fee Applied; and
• Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total net sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter less any applicable taxes, freight, fees, and discounts and less amounts attributable to any Services, freight, delivery, installation, unpaid invoices, returned Products or materials, or credits issued.
Orders under this Contract will only be eligible for the administrative fee if the Participating Entity notes the applicable Sourcewell contract number on the purchase order when submitting such purchase order. Payments should note the Supplier's name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
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Sourcewell is responsible for complying with all laws and regulations related or applicable to such Administrative Fee.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier's Authorized Representative is the person named in the Supplier's Proposal. If Supplier's Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER,AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.
E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership,joint venture, or any other relationship such as master-servant, or principal-agent.
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11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any third-party claims or causes of action, including reasonable attorneys' fees incurred by Sourcewell or its Participating Entities, arising out of any negligent act or omission or intentional misconduct in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell's responsibility will be governed by the State of Minnesota's Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell's relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier's trademarks in advertising and promotional materials for the purpose of marketing Supplier's relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively "Permitted Sublicensees") in advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use, Quality Control.
a. Neither party may alter the other party's trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
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b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's trademarks only in good faith and in a dignified manner consistent with such party's use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all third-party suits, claims,judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the authorized use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier under this Contract, in strict compliance with Supplier's applicable specifications, in violation of applicable patent or copyright laws.
5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.
14. GOVERNING LAW,JURISDICTION,AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
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16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The defaulting party will have 60 calendar days, unless otherwise approved in writing by the non-defaulting part, to cure an outstanding issue, or, if such issue is not capable of cure within 60 calendar days, to commence curing such issue and continue to diligently pursue such cure until complete.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute provided that Sourcewell and the applicable Participating Entity(ies) are current in all payment obligations, if any. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
The party claiming default must provide written notice of the default, with 60 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages to the extent permitted by this Contract. If the default remains after the opportunity for cure, the non-defaulting party may:
• Exercise any remedy provided by law or equity, or
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• Terminate the Contract or any portion thereof, including any orders issued against the Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following:
1. Workers'Compensation and Employer's Liability.
Workers' Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
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4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer's Liability, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data — including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other Rev. 3/2021 13
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insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.
Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all Rev. 3/2021 14
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references to "federal" should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier's Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 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 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of$2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of Rev. 3/2021 15
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not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. If the federal award meets the definition of"funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 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 the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of$150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any Rev. 3/2021 16
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person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must 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.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier's personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). 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. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 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 during 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.
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M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.
0. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier's actions pertaining to this Contract or any purchase by a Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.
R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.
T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier's Rev. 3/2021 18
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Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell Shaw Industries, Inc.
,Ay Dooccu'SAiigned by,
/,' D'olc/u/Siigned by:
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By; COFD2A139D06489... By; DE2133F6ASDB49F...
Jeremy Schwartz Chuck McClurg
Title: Chief Procurement Officer Title: Vice President Date:
5/23/2022 1 2:13 PM CDT Date: 5/25/2022 1 12:01 PM PDT Approved:
DocuSigneed�/by:
IN
By: 7E42B8F817A64CC...
Chad Coauette
Title: Executive Director/CEO
5/25/2022 1 9:22 PM CDT
Date:
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DocuSign Envelope ID:4F2B1E41-1FBE-429A-8F83-313505AE6D85 RFP 031622 - Artificial Turf and Tracks with Installation, Related Equipment, Materials, and Supplies
Vendor Details
Company Name: Shaw Contract Flooring Services, Inc.
Does your company conduct
business under any other name?If Shaw Sports Turf
yes, please state:
185 S Industrial Blvd
Address:
Calhoun, Georgia 30701
Contact: Jimmy Marshall
Email: [email protected]
Phone: 615-879-0136
HST#:
Submission Details
Created On: Thursday February 03,2022 10:36:23
Submitted On: Wednesday March 16,2022 14:02:27
Submitted By: Jimmy Marshall
Email: [email protected]
Transaction#: 54b4e149-3538-4b56-955e-2625b1 bad1 db
Submitter's IP Address: 104.129.206.71
Bid Numbe,K' 79 �?� C5 Vendor Name: Shaw Cp�ttrra�ctt F 4rinng ices, Inc.
DocuSign Envelope ID:4F2B1E41-1FBE-429A-8F83-313505AE6D85 Specifications
Table 1: Proposer Identity&Authorized Representatives
General Instructions (applies to all Tables)Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond "N/K if the question does not apply to you (preferably with an explanation).
Item Question Response*
1 Proposer Legal Name (one legal entity only): Shaw Industries, Inc. (In the event of award, will execute the
resulting contract as "Supplier")
2 Identify all subsidiary entities of the Proposer Shaw Sports Turf, ShawGrass, Southwest Greens, Watershed Geo whose equipment, products, or services are
included in the Proposal.
3 Identify all applicable assumed names or DBA NA
names of the Proposer or Proposer's
subsidiaries in Line 1 or Line 2 above.
4 Provide your CAGE code or DUNS number: 78-637-1393 5 lProposer Physical Address: 185 S Industrial Blvd. Calhoun, GA 30701 6 Proposer website address (or addresses): www.shawsportsturf.com 7 Proposer's Authorized Representative (name, Chuck McClurg, Vice President - Shaw Turf title, address, email address & phone) (The
representative must have authority to sign
the "Proposer's Assurance of Compliance" on
behalf of the Proposer and, in the event of
award, will be expected to execute the
resulting contract):
8 Proposer's primary contact for this proposal Jimmy Marshall, Director of Cooperative Sales (name, title, address, email address & phone): 185 S Industrial Blvd Calhoun, GA 30701 615-879-0136
[email protected]
9 Proposer's other contacts for this proposal, if N/A any (name, title, address, email address &
phone):
Table 2: Company Information and Financial Strength
Line
Item Question Response*
10 Provide a brief history of your company, Shaw Industries, a Berkshire Hathaway, Inc. company, is the world's including your company's core values, largest carpet manufacturer and leading floor covering provider with business philosophy, and industry longevity more than $6 billion in annual sales and over 20,000 associates related to the requested equipment, products worldwide. Now, with the marriage of proven tradition and expanding arenas, or services. Shaw applies the same philosophy of innovation that has been woven into more than a decade of legendary carpet manufacturing to the synthetic turf market. Through substantial assets, investments, key acquisitions and partnerships, Shaw Sports Turf has quickly secured a leadership position as a complete turnkey surfacing company excelling in providing synthetic solutions for sports, commercial, residential landscaping, pet facilities, parks, playgrounds and landfill closures Shaw Industries acquired Sportexe Construction Service, a successful 20 year veteran of the sports turf industry in 2009.
By 2010 Shaw Sports Turf was a fully integrated manufacturing and supply chain for complete control of product quality from design to completion. Also the same year, Shaw Sports Turf contracted the largest synthetic turf sports field installation in the U.S.A., a 1.7 million sq. ft. multi-field sports complex. Closely following the landmark installation, Shaw constructed a 13,000 sq. ft. sports science laboratory, the industry's largest and most advanced lab for product development and testing.
Bid Numbe,K' 79 �?� C5 Vendor Name: Shaw Cp�ttrra�ctt F trinng ices, Inc.
DocuSign Envelope ID:4F2B1E41-1FBE-429A-8F83-313505AE6D85 11 What are your company's expectations in the Shaw looks forward to continuing our positive relationship with Sourcewell. Our fully event of an award? turn-key services are ready to provide project management and coordination. If awarded, Shaw intends to leverage the Sourcewell agreement in the government and educations sectors to provide members with top-of-the-line products and services that will make every project a seamless experience. 12 Demonstrate your financial strength and Shaw Industries, Inc. is a privately held company and, as such, we are unable to stability with meaningful data. This could provide financial statements. We will be providing a D&B report to show our include such items as financial statements, financial viability for your project.
SEC filings, credit and bond ratings, letters
of credit, and detailed reference letters.
Upload supporting documents (as applicable)
in the document upload section of your
response.
13 What is your US market share for the Our US market share is 25%. solutions that you are proposing?
14 What is your Canadian market share for the Our Canada market share is 5%. solutions that you are proposing?
15 Has your business ever petitioned for No, Shaw Industries has never had to petition for Bankruptcy protection. As a bankruptcy protection? If so, explain in detail. subsidiary of Berkshire Hathaway, Shaw benefits from a strong financial backing. 16 How is your organization best described: is Shaw Industries, Inc. is classified as a Manufacturer. Your members will work with a it a manufacturer, a distributor/dealer/reseller, mixture of Shaw employees and third-party vetted installers. Our company is or a service provider? Answer whichever vertically integrated so the manufacturing of the products to the sale and delivery is question (either a) or b) just below) best all conducted by Shaw employees. Shaw then partners with one of our vetted and applies to your organization. trusted contracting groups to provide top-of-the-line installation services. Whether a) If your company is best described as employed by us or contracted out Shaw stands by our products and installation. a distributor/dealer/reseller (or similar entity),
provide your written authorization to act as a
distributor/dealer/reseller for the manufacturer
of the products proposed in this RFP. If
applicable, is your dealer network
independent or company owned?
b) If your company is best described as
a manufacturer or service provider, describe
your relationship with your sales and service
force and with your dealer network in
delivering the products and services
proposed in this RFP. Are these individuals
your employees, or the employees of a third
patty?
17 If applicable, provide a detailed explanation Shaw Industries holds the appropriate tax certificates, business licenses, and outlining the licenses and certifications that contractor licenses in the United States and Canada. These licenses and are both required to be held, and actually certifications can vary from location to location and as such Shaw is vigilant in held, by your organization (including third keeping up to date to provide our services. parties and subcontractors that you use) in
pursuit of the business contemplated by this
RFP.
18 Provide all "Suspension or Debarment" Shaw Industries, Inc. has never had any suspensions or debarments. information that has applied to your
organization during the past ten years.
Bid Numbe,K' 79 �?� C5 Vendor Name: Shaw Cp�ttrra�ctt F drinng ices, Inc.
DocuSign Envelope ID:4F2B1E41-1FBE-429A-8F83-313505AE6D85 Table 3: Industry Recognition & Marketplace Success
Line Question Response*
Item
19 Describe any relevant industry awards or Shaw Sports Turf is proud to hold 450+ONE certification. The 450 means that our recognition that your company has received products go through a minimum of 450 quality and performance tests. The +ONE in the past five years represents our commitment to going above and beyond with our products. Shaw Sports Turf has also been recognized for not having a single fiber failure in our history of manufacturing sports turf. Since all of our products are manufactured here in the United States our products go through some of the most stringent quality standards in the industry. Our other industry recognitions include:
2022
- Training APEX from Trianing Magazine: Recognized for commitment to and success with employer-sponsored training and development programs. 2021
- 50 Best Companies to Sell For from Selling Power: Shaw Industries ranked 12th on the list, ranking factors included compensation, benefits and sales training. - Best-In-State Employer for Georgia from Forbes: Ranked 11th on list of 100 employers in the state of Georgia.
- GreenStep Award - People Honoree from Floor Covering Weekly: Recognized for prioritizing the health and wellbeing of associates in response to the COVID-19 pandemic.
- Shipper of Choice from FreightWaves: Recognized among the top 25 different manufacturers, distributers, and retailers across the USA, for company's ability to keep the American economy moving.
2020
- w3 - Gold & Silver from the Academy of Interactive and Visual Arts:
Recognized for creative excellence of Websites, Marketing, Video, Mobile, Social, and Podcasts.
- America's Best Employers for Diversity - #454 Culture from Forbes:
Companies with 1,000+ associates were evaluated on: Recommendations from associates and non-associates, diversity among executives and diversity KPIs based on public data. Over 50,000 participated.
2019
- America's Best Employers for Diversity from Forbes: Evaluated on recommendations from associates, recommendations from non-associates, diversity among top executives/board and diversity KPIs.
- Responsible Business Awards: Finalist from Ethical Corporation: Finalist for circular innovation, plastics innovation and diversity & inclusion leadership. - Top 30 Company By Giving from United Way of the Coastal Empire:
Recognizes "most generous workplaces" by releasing the top 30 of more than 500 companies and organizations whose employees give to the United Way campaign. 2018
- 2018 Employer of the Year from Service Providers Association for Developmental Disabilities (SPADD): Nominated by Cross Plains Community Partner for our commitment to creating an inclusive workplace. - America's Best Large Employers from Forbes Magazine: Forbes partners with a market research company to rank the best employers in America. 20 What percentage of your sales are to the Approximately 30% of our sales were to the government sector for the past 3 years. * governmental sector in the past three years
21 What percentage of your sales are to the Approximately 30% of our sales were to the education sector for the past 3 years. education sector in the past three years
22 List any state, provincial, or cooperative We currently hold a contract with Sourcewell as well as 8 other cooperatives. purchasing contracts that you hold. What is These cooperatives are:
the annual sales volume for each of these
contracts over the past three years? NASPO ValuePoint AEPA
TIPS
COSTARS
OMNIA Partners
Our client information is confidential. We do not share their sales numbers, In turn, we would not share Sourwell's numbers.
23 List any GSA contracts or Standing Offers NA and Supply Arrangements (SOSA) that you
hold. What is the annual sales volume for
each of these contracts over the past three
years?
Bid Numbe,K' 79 �?� C5 Vendor Name: Shaw Cp�ttrra�ctt FJpgrinng ices, Inc.
DocuSign Envelope ID:4F2B1E41-1FBE-429A-8F83-313505AE6D85 Table 4: References/Testimonials
Line Item 24. Supply reference information from three customers who are eligible to be Sourcewell participating entities.
Entity Name* Contact Name* Phone Number*
Furman University Gary Clark 864.294.3460 Baltimore Ravens Keith Weldon 410.701.4215 Louisiana State University Ronnie Haliburton 225.578.2885 Georgetown University Brian McGuire 202.687.2435 Montana Tech Chuck Morrell 406.565.6175 Table 5: Top Five Government or Education Customers
Line Item 25. Provide a list of your top five government, education, or non-profit customers(entity name is optional), including entity type,the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years.
Entity Name Entity Type* State/ * Scope of Work* Size of Transactions* Dollar Volume Past Three Province Years
Union County Government NewJersey-NJ Turf Field Replacements, Repair, $250,000- $1,500,000 $4,000,000 Maintenance
MidAmerican Non-Profit Iowa-IA Turn key turf conversions $250,000- $1,000,000 $3,500,000 Energy Sports
RecPlex
Murfreesboro Government Tennessee-TN turn key turf conversions $300,000 - $1,500,000 $4,000,000 Parks and
Recreation
Cobb County Education Georgia-GA turn key turf conversions, $250,000 - $1,000,000 $5,000,000 maintenance, replacement
DeKalb Government Georgia-GA turn key turf conversions, $250,000- $1,000,000 $2,500,000 County Parks maintenance, repairs,
and Recreation replacements
Bid Numbe,K' 79 �?� C5 Vendor Name: Shaw Cp�ttrra�ctt F%rinng ices, Inc.
DocuSign Envelope ID:4F2B1E41-1FBE-429A-8F83-313505AE6D85 Table 6: Ability to Sell and Deliver Service
Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable.
Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents)involved in each sector,whether these workers are your direct employees(or employees of a third party), and any overlap between the sales and service functions. mLi Question Response*
Ite26 Sales force. The highest level executive in charge of or Shaw Turf is Chuck McClurg. Chuck is responsible for leading the Sales, Operations, and Marketing teams for Shaw Turf and Specialty Markets - the driving energy of this segment is Shaw Sports Turf. This business segment is made up of more than 150 employees.
The outside sales team is comprised of our VP of Sales, three RVP's covering the East & West United States and Canada, and 22 full time sales people.
The brands represented by our sales team are Shaw Sports Turf, Shawgrass, WatershedGeo, and Southwest Green product lines 27 Dealer network or other distribution Shaw proudly hosts its own transportation network allowing us to get our products to methods. you quicker. We have the capability to distribute both in the US and Canada through our 30 distribution centers, 800 trucks, and 3000 trailers. Shaw associates will be the people that process, handle, and ship products nationally and globally. 28 Service force. Shaw is offering fully turnkey service and project management. A Shaw associate will handle all aspects of the project from ensuring product availability to coordinating general contractors for installation. The Shaw project manager will be the single point of contact on every project. In order to accommodate installation Shaw will hire vetted general contractors to complete the project.
29 Describe the ordering process. If orders Each of your members will be assigned a Shaw project manager. The Shaw will be handled by distributors, dealers or associate will work with your member during the custom design phase and throughout others, explain the respective roles of the shop drawing submittals.
Proposer and others.
30 Describe in detail the process and Shaw seeks to keep customer service simple. The project manager will be the single procedure of your customer service point of contact for the assigned Sourcewell member. The point of contact will work program, if applicable. Include your with a team assigned to the customer to help fulfill the request. Response time is response-time capabilities and typically within 24 hours. commitments, as well as any incentives
that help your providers meet your stated For our manufacturing, after the synthetic turf and inlays have been approved service goals or promises. manufacturing the custom product typically takes 21 days to complete. After the product is completed shipping usually takes another one to four days depending on the destination. Finally the Installation under normal circumstances takes around 21 days to complete. Since our company is vertically integrated we are able to control most aspects of the manufacturing and delivery process. This control usually allows us the ability to meet the goals we set.
31 Describe your ability and willingness to Shaw Industries is willing and able to provide both our full line of products and provide your products and services to services to any area in the United States.
Sourcewell participating entities in the
United States.
32 Describe your ability and willingness to Shaw is willing and able to provide both our full line of products and services to any provide your products and services to area in Canada.
Sourcewell participating entities in Canada.
33 Identify any geographic areas of the United There are no areas in the United States or Canada that we could not serve.
States or Canada that you will NOT be
fully serving through the proposed contract.
34 Identify any Sourcewell participating entity Shaw Industries has the size and capability to fully serve any entity through our sectors (i.e., government, education, not-for- proposed contract. profit) that you will NOT be fully serving
through the proposed contract. Explain in
detail. For example, does your company
have only a regional presence, or do other
cooperative purchasing contracts limit your
ability to promote another contract?
35 Define any specific contract requirements There are no contract requirements or restrictions for the given areas. or restrictions that would apply to our
participating entities in Hawaii and Alaska
and in US Territories.
Bid Numbe,K' 79 �?� C5 Vendor Name: Shaw Cppttrra�ctt FJBgrinng ices, Inc.
DocuSign Envelope ID:4F2B1E41-1FBE-429A-8F83-313505AE6D85 Table 7: Marketing Plan
Line Question Response*
Item
36 Describe your marketing strategy for Segment-specific marketing materials with the Sourcewll contract promoting this contract opportunity. information and logo will be readily available online. Targeted Upload representative samples of your email campaigns to Sourcewell Members and potential members marketing materials (if applicable) in will announce the contract. Our dedicated personnel from Shaw Sports Turf will promote the document upload section of your and champion the Sourcewell contract. We will also provide incentives to the sales force response. and conduct extensive sales force training. 37 Describe your use of technology and Shaw, through our Sports Turf Social media, will announces all new contracts to make our digital data (e.g., social media, partnership known. The announcement is made through our official Twitter, Facebook, metadata usage) to enhance Instagram, and Linkedln. We also use the Shaw Sports Turf website to provide content marketing effectiveness. such as new marketing collateral and new educational videos targeting Sourcewell members. Furthermore, we use collected metadata to understand what messages are working and how to improve our message to continue reaching prospective partners for both Sourcewell and Shaw.
38 In your view, what is Sourcewell's role We ask that Sourcewell continue our proven relationship by providing access to the in promoting contracts arising out of Sourcewell members, information about potential members, email lists, access to leads this RFP? How will you integrate a and cross-promotion of websites.
Sourcewell-awarded contract into your
sales process? We also ask that Sourcwell continue your role in the active training of the Shaw Sports Turf sales force.
39 Are your products or services Shaw Sports Turf does not offer any e-procurement ordering. available through an e-procurement
ordering process? If so, describe your
e-procurement system and how
governmental and educational
customers have used it.
Bid Numbe,K' 79 �?� C5 Vendor Name: Shaw Cp�ttrra�ctt FJtrinng ices, Inc.
DocuSign Envelope ID:4F2B1E41-1FBE-429A-8F83-313505AE6D85 Table 8: Value-Added Attributes
Line m Question Response
Ite40 Describe any product, equipment, Shaw Sports Turfs service after the sale is second-to-none. We offer onsite training, as well maintenance, or operator training as written and video maintenance training free of charge to ensure proper care and use of programs that you offer to Turf and the additional maintenance equipment. Our automated system tracks maintenance Sourcewell participating entities. needs and will issue a reminder when it is time for important maintenance milestones.
Include details, such as whether
training is standard or optional,
who provides training, and any
costs that apply.
41 Describe any technological No other manufacturer in the industry can match the amount of innovation and research that advances that your proposed goes into our turf. Shaw Sports Turf had a goal to create the most natural feeling turf out products or services offer. there. Most recently, our GAMEON product line has redefined the design and installation for the synthetic turf industry, This proprietary technology, along with our innovations around fiber and infill are unmatched in this space.
- Fiber: Our newest fiber Thunderbolt is built to last. The fiber was designed to handle more wear and tear so that the turf maintains its performance capability and appearance for longer.
- Infill: Our infill is a combination of course and fine materials. This allows for balance that provides the natural feel and increase traction and balance.
Backing: Because Shaw is vertically integrated we are able to design and make backing specifically made for athletic turf. Our UltrLoc 2.0 backing provides dimensional stability, requires less infill, and provides a stronger turf bind.
Cooling Technology: The HydroChill cooling system allows players on the turf to remain cool in the heat, through the natural system of evaporative cooling. As the sun gets higher in the sky and more of the field is heated up, the moisture trapped in the HydroChill infield causes the playing field to have a significant change in temperature that last longer than natural moisture evaporation.
42 Describe any "green" initiatives Sourcewell and Shaw share a vision of creating a better tomorrow. Shaw offers several that relate to your company or to initiatives to help lessen our impact on the planet. All of our products come with Declare your products or services, and labels and Health Product Declarations. These provide your participating entities with include a list of the certifying transparency as to what is in the products they purchase. We are also committed to agency for each. reducing our energy intensity and carbon emissions. All the offered products will be manufactured in one of our commercial carbon neutral plants. Another initiative Shaw has great pride in is our reclamation and recycling. By partnering with our customers we reclaim our old products at the end of their life cycle and repurpose them into the manufacturing of new products.
43 Identify any third-party issued eco- Shaw Industries takes our commitment to material responsibility seriously. Today, 90% of our labels, ratings or certifications that products are Cradle to Cradle certified, which is the most stringent environmental standard. your company has received for
the equipment or products
included in your Proposal related
to energy efficiency or
conservation, life-cycle design
(cradle-to-cradle), or other
green/sustainability factors.
44 Describe any Women or Minority NA
Business Entity (WMBE), Small
Business Entity (SBE), or veteran
owned business certifications that
your company or hub partners
have obtained. Upload
documentation of certification (as
applicable) in the document
upload section of your response.
45 What unique attributes does your Our 50 years of experience and financial strength contribute to company, your products, or your our ability to deliver innovative products and world-class service. services offer to Sourcewell We are a wholly-owned Berkshire Hathaway subsidiary with $6.2 participating entities? What makes billion in annual revenue. This history has allowed us to become one of the most vertically your proposed solutions unique in integrated companies in the industry. This level of integration allows us to drive down costs your industry as it applies to while ensuring high quality. We own and control the majority of the following aspects of our Sourcewell participating entities? business including:
• Manufacturing
• Warehousing
• Distribution
• Customer experience
• Recycling process
Bid Numbe,K' 79 �?� C5 Vendor Name: Shaw Cp�ttrra�ctt F�Qrinng ices, Inc.
DocuSign Envelope ID:4F2B1E41-1FBE-429A-8F83-313505AE6D85 Table 9: Warranty
Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below.
Line Question Response*
Item
46 Do your warranties cover all products, parts, and The Shaw Sports Turf warranty covers the synthetic turf system to include labor? installation. Shaw Sports Turf does not warranty the base under the synthetic turf system.
47 Do your warranties impose usage restrictions or No, the warranty imposes no restrictions or limitations that would adversely other limitations that adversely affect coverage? affect coverage. 48 Do your warranties cover the expense of Yes, our warranties do cover these expenses. technicians' travel time and mileage to perform
warranty repairs?
49 Are there any geographic regions of the United No, we can service all areas of the United States and Canada.
States or Canada (as applicable) for which you
cannot provide a certified technician to perform
warranty repairs? How will Sourcewell
participating entities in these regions be provided
service for warranty repair?
50 Will you cover warranty service for items made by We do not warranty other manufacturers' products. Warranty issues from other manufacturers that are part of your proposal, other manufacturers' products are typically passed to the original manufacturer. or are these warranties issues typically passed on
to the original equipment manufacturer?
51 What are your proposed exchange and return Shaw Sports Turf makes each product custom for all of your members. Due programs and policies? to the unique nature of each product manufactured, we cannot accept returns or exchanges.
52 Describe any service contract options for the We are offering multiple levels of maintenance plans to Sourcewell members. items included in your proposal. Details and pricing plans are included in pricing document.
Table 10: Payment Terms and Financing Options
Line Question Response*
Item
53 Describe your payment terms and accepted payment Our payment terms are Net 30 and we accept both checks and methods. ACH payment. Our preferred method is ACH. A schedule of values will be issued with each contract.
54 Describe any leasing or financing options available for use Shaw understands the need of the education and government by educational or governmental entities. sectors to conserve their capital. We can offer your members flexible payment terms tailored to meet their needs. We also can offer financing through NCL Government Capital, as well. 55 Describe any standard transaction documents that you Shaw will provide a standard boiler plate purchasers contract on propose to use in connection with an awarded contract request. (order forms, terms and conditions, service level
agreements, etc.). Upload a sample of each (as
applicable) in the document upload section of your
response.
56 Do you accept the P-card procurement and payment Yes, we do accept P-Card. There is a 2.5% fee. process? If so, is there any additional cost to Sourcewell participating entities for using this process?
Bid Numbe,K' 79 �?� C5 Vendor Name: Shaw Cp�ttrra�ctt F§2rinng ices, Inc.
DocuSign Envelope ID:4F2B1E41-1FBE-429A-8F83-313505AE6D85 Table 11: Pricing and Delivery
Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form.
Line Question Response"
Item
57 Describe your pricing model (e.g., line-item discounts or Shaw is submitting a line item discount model. product-category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell
discounted price) on all of the items that you want
Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal.
Upload your pricing materials (if applicable) in the
document upload section of your response.
58 Quantify the pricing discount represented by the pricing Each product has a ceiling price that is discounted a minimum of proposal in this response. For example, if the pricing in 5% from our published pricing; however, each project is priced your response represents a percentage discount from based on specific circumstances. Typically, the final negotiated MSRP or list, state the percentage or percentage range. pricing results in a much greater discount from the published list price for the Sourcewell member.
59 Describe any quantity or volume discounts or rebate Volume discounts are considered on a project-by-project basis. programs that you offer.
60 Propose a method of facilitating "sourced" products or "sourced" or 'open market' items will be priced using RS Means. related services, which may be referred to as `open A minimum of 3% off RS Means list price will be offered. RS market' items or "nonstandard options". For example, you Means is a self contained construction cost estimating tool that may supply such items "at cost' or "at cost plus a features numerous costing line items that are updated quarterly by percentage," or you may supply a quote for each such region to account for changing costs and wage rates. request.
61 Identify any element of the total cost of acquisition that is Applicable taxes are the only items not included in our pricing NOT included in the pricing submitted with your response. submitted with this proposal.
This includes all additional charges associated with a
purchase that are not directly identified as freight or shipping charges. For example, list costs for items like pre- delivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer.
62 If freight, delivery, or shipping is an additional cost to the Freight is included in our pricing unless noted as FOB Dalton or Sourcewell participating entity, describe in detail the FOB Plant complete freight, shipping, and delivery program.
63 Specifically describe freight, shipping, and delivery terms or Freight rates for material and equipment to Alaska and Hawaii will programs available for Alaska, Hawaii, Canada, or any be added to the not-to-exceed rates and will be shared with the offshore delivery. Sourcewell member during the final project negotiation. 64 Describe any unique distribution and/or delivery methods or For customers on the west coast, we can offer rail delivery which is options offered in your proposal. likely less expensive but may not be as timely.
Table 12: Pricing Offered
Line The Pricing Offered in this Proposal is:* Comments Item
65 c.better than the Proposer typically offers to GPOs,cooperative procurement organizations,or state purchasing Published pricing is departments. consistent across cooperative offers, but additional discount
are provided to Sourcewell
members.
Bid Numbe,K' 79 �?� C5 Vendor Name: Shaw Cp�ttrra�ctt FJtrinng ices, Inc.
DocuSign Envelope ID:4F2B1E41-1FBE-429A-8F83-313505AE6D85 Table 13: Audit and Administrative Fee
Item Question Response*
66 Specifically describe any self-audit process or program that you Each Sourcewell project will be audited by our Accounting plan to employ to verify compliance with your proposed Contract Manager on a monthly basis to ensure compliance with our with Sourcewell. This process includes ensuring that Sourcewell contract with Sourcewell. participating entities obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to Sourcewell. Provide sufficient detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template.
67 If you are awarded a contract, provide a few examples of internal a. Additional tracking mechanisms have been added into our metrics that will be tracked to measure whether you are having internal system to monitor successes. success with the contract. b. Internal programs measure Sourcewell jobs and usage compared to typical public bid jobs.
c. Monthly reports of Sourcewell contracted jobs
68 Identify a proposed administrative fee that you will pay to Shaw is proposing a two tiered administrative fee structure.
Sourcewell for facilitating, managing, and promoting the Sourcewell Dollar amounts $0-$999,999 carry a 2% fee and dollar Contract in the event that you are awarded a Contract. This fee mounts $1,000,000 + carry a 1% fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per-unit fee; it is not a line-item addition to the Member's cost of goods. (See the RFP and template Contract for additional details.)
Table 14A: Depth and Breadth of Offered Equipment Products and Services Line Question Response*
Item
69 Provide a detailed description of the We are proposing custom manufactured athletics/sports field-related services. Our equipment, products, and services that you services include:
are offering in your proposal. Product consultation Specification and design support
Construction Consultation
Product Management
Removal/Ground Preparation
Logo positioning and Field Markings
Infill Placement
Field Inspection
maintenance and Care
Synthetic Sports Turf Installation
Robust Warranties
Reclamation and Reuse Programs
70 Within this RFP category there may be We also offer:
subcategories of solutions. List subcategory Design Services titles that best describe your products and Consulting Services services. Field Construction and Installation
Additional Site Work as Required by the Member
Equipment
Bid Numbe,K' 79 �?� C5 Vendor Name: Shaw Cp�ttrra�ctt F�4rinng ices, Inc.
DocuSign Envelope ID:4F2B1E41-1FBE-429A-8F83-313505AE6D85 Table 148: Depth and 8readth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary.
Line
Lem Category or Type Offered* Comments
71 Indoor and outdoor athletic and recreational r. Yes Shaw Sports Turf is offering our full product line of outdoor artificial turf and running track surfaces and r No artificial turf and sub-surfaces, including shock pads. sub-surfaces
72 Equipment, options, accessories, technology, r. Yes In addition to our turf, Shaw will also offer the maintenance materials, and supplies complementary or r No products and equipment. This includes:
incidental to the purchase of a turnkey or Inlays complete solution of the types described in Infill Line 71 above Shock Pad
73 Services related to the offering of the r. Yes Shaw Sports Turf is offering turn-key services. Our associate solutions described in Lines 71 and 72 r No will provide:
above, including installation, removal, disposal, Project Management, product and maintenance training, refurbishment, inspection, repair, maintenance, installation inspection and customer service support. training, and support Our vetted third party contractors will provide:
Removal service, disposal, installation services, refurbishment, and major repairs .
Table 15: Industry Specific Questions
Line Question Response *
Item
74 Describe any unique advantage your product offers Our turf is manufactured in Shaw facilities by experienced Shaw in relation to design, manufacturing, performance, associates right here in Northwest Georgia. Our manufacturing facilities, maintenance, and product longevity. equipment and processes are second to none and that shows through the quality of our Shaw Sports Turf product line.
Since we have begun manufacturing fields, we've yet to have a single fiber failure. We're committed to upholding our record - building our fields using the best innovations in the industry designed for wear and durability.
We Offer FIFA compliant products and installation, evaluated for material construction, durability, player/surface interaction, ball/surface interaction, and field construction.
75 Describe any sustainability design features your Shaw always looks to keep sustainability at the forefront of our product product offers. manufacturing. Many of our Shaw products backing is made using recycled products. This allows us to use less new material and lessens our carbon footprint. We also use rubber in our infill which keeps old tires out of the landfills.
76 Describe the installation process and how it is After the consultative sales process and pricing is completed, a contract managed from product order to completion. between Shaw Sports Turf and the Sourcewell member is written. The regional project manager will become the primary
contact for the Sourcewell member. Shaw Sports Turf can write the contract or execute a contract
written by the member. This contract process protects both parties on a construction project of this magnitude. Execution of this contract will serve as the order placement. Please note that all
contracts are subject to approval by Shaw Financial Services. Once contract is executed, shop drawings are issued for approval and requested submittals are produced. This process can take anywhere from 7-21 days depending on scope, scale, design, etc. With each field being a custom order, the approval process is the key to progressing to the manufacturing stage. Custom manufacturing typically takes 21 days and requires between 1 and 4 days to ship depending on project location. Installation on a prepared surface typically takes between 14 and 21 days.
Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms,Conditions,or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.
Bid Numbpt F,.Ph3,B2,2, C5 Vendor Name: Shaw C4gttrra�ctt F�Fin4 vices, Inc.
DocuSign Envelope ID:4F2B1E41-1FBE-429A-8F83-313505AE6D85 Documents
Ensure your submission document(s) conforms to the following:
1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.
2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s)are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.
3. Sourcewell may reject any response where any document(s)cannot be opened and viewed by Sourcewell.
4. If you need to upload more than one(1)document for a single item,you should combine the documents into one zipped file. If the zipped file contains more than one(1)document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as"Marketing Plan." • Pricing -Sourcewell Price List RFP 03162022 .xIsx-Tuesday March 15, 2022 08:42:05 • Financial Strength and Stability-shaw-industries,-inc._D&B_02-23-2022.pdf-Wednesday March 09, 2022 09:21:07 • Marketing Plan/Samples-SST_Marketing_v2.pdf-Monday March 14, 2022 08:24:26 • WMBE/MBE/SBE or Related Certificates (optional)
• Warranty Information -Shaw Turf Warranty Information.pdf- Monday March 14, 2022 08:23:24 • Standard Transaction Document Samples-Shaw Sports Turf-02.28.2022_Installation Subcontract VS 20_6.pdf-Monday March 14, 2022 15:10:58
• Upload Additional Document-Cerificates & Distribution List.zip-Wednesday March 16, 2022 13:59:38 Bid Number( FJ-fi ,�2,2, C5 Vendor Name: Shaw C4gttrra�ctt F�arinc� vices, Inc.
DocuSign Envelope ID:4F2B1E41-1FBE-429A-8F83-313505AE6D85 Addenda, Terms and Conditions
PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance:
1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence.
2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award.
3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation.Additionally, if Proposer has worked with a consultant on the Proposal, the consultant(an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation.
4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal,there are no relevant facts or circumstances which could give rise to an organizational conflict of interest.An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired.
5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation.
6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract.
7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract.
8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract.
9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.
10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or"nonpublic,"etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded.At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret,"and thus nonpublic data under Minnesota's Data Practices Act.
11. Proposer its employees, agents, and subcontractors are not:
1. Included on the"Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasury.gov/ofac/downloads/sdnlist.pd ;
2. Included on the government-wide exclusions lists in the United States System for Award Management found at:
https:Hsam.gov/SAM/; or
3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated Bid Numbe,K' 79 �?� C5 Vendor Name: Shaw Cp�ttrra�ctt F�rinng ices, Inc.
DocuSign Envelope ID:4F2B1E41-1FBE-429A-8F83-313505AE6D85 by the State of Minnesota;the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation.
r By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Jimmy Marshall, Director of Cooperative Sales , Shaw Industries, Inc.
The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid.
Yes r No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.
Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.
I have reviewed the
File Name below addendum and Pages attachments(if
applicable)
Addend um_1_Artificial_Turf_RFP_031622 r 2 Tue March 8 2022 04:36 PM
Bid Numbe,K' 79 �?� C5 Vendor Name: Shaw Cp�ttrra�ctt FMrinng ices, Inc.