HomeMy WebLinkAboutItem 17 Approval to Piggyback the NCPA/ONMNIA Partners Contract for Construction of Tiger Minor Pickleball Courts by The NIDY Sports Construction Company, Inc.Meeting Date: December 5, 2023
Item #: 17
Contact Name: Mark Johnson Department Director: Mark Johnson
Contact Number: Ext. 5002 City Manager: Robert Frank
Background Summary:
According to the 2023 Sports & Fitness Industry Association's (SFIA) Topline Participation Report, Pickleball is
America's fastest growing sport for the third year in a row at over a 158% growth rate. As part of the city's
continued focus on park and recreational improvements, the Parks and Recreation Department has budgeted
funds to add additional pickleball courts at Tiger Minor Park to promote healthy recreational activities for all
ages. Staff is requesting permission to piggyback off the NCPA/OMNIA Partners Contract for the construction
of new pickleball courts by The Nidy Sports Construction Company, Inc. The Nidy Sports Construction
Company, Inc. has submitted a proposal to construct six new pickleball courts in accordance with the plans,
with unit pricing in the amount of $162,300.00, based upon the aforementioned contract.
Issue:
Should the Honorable Mayor and City Commissioners approve piggybacking off the NCPA/OMNIA Partners
Contract and award construction of the six new pickleball courts to The Nidy Sports Construction Company,
Inc. for the amount of $162,300.00?
Recommendations:
Staff recommends the Honorable Mayor and City Commissioners approve the piggybacking of the
NCPA/OMNIA Partners Contract and award construction of the six new pickleball courts to The Nidy Sports
Construction Company, Inc. for the amount of $162,300.00.
Attachments:
1. Nidy Sports Proposal - Tiger Minor Pickleball Courts
2. NCPA OMNIA Partners Relationship Letter
3. NCPA Contract Rates
4. NCPA Nidy Contract
Financial Impacts:
The construction cost of the six new pickleball courts at Tiger Minor Park is $162,300.00, and is budgeted in
City of Ocoee - 1 N. Bluford Avenue - Ocoee, Florida 34761
Page 266 of 593
the Fiscal Year 23/24 Rec. Impact Fees Capital Budget.
(Account #110-572-00-6302) (Job #P000423)
Type of Item: Consent
City • Ocoee - 1 N. Bluford Avenue - Ocoee, •. 34761
Phone: (407) 905-3100 - www.ocoee.org
Page 267 of 593
ANN
PICKLEBALL PROPOSAL
Submitted To:
City of Ocoee
RE: Tiger Minor Park Pickleball Courts
Attn: Dan Abdo, 407-427-9879
1 N. Bluford Avenue
Estimator: Chris Tappan
,924
October 27, 2023
Ocoee, FL 34761
Payment to be upon completion. Price subject to change after 60 days. Price below calculated using the National Cooperative
Purchasing Alliance Contract 08-42.
Six Pickleball Court Construction: $162,300.00
SCOPE OF WORK (APPROX. 1,200 SY):
1) Mobilization and layout.
2) Site Prep:
a. Remove and dispose of sodding and loose material.
b. Rework existing subgrade. Laser grade and compact.
c. Subgrade to be 0.83% to 1.00% slope towards one end of court.
3) Furnish and install 6" of Limerock; laser grade and compact
4) Pave 1 '/z" of SP 9.5 RAP Asphalt on court. Paved Area: 90' x 120'
5) Furnish and install six (6) new sets of black pickleball net posts, sleeves, and concrete footers.
6) Furnish and install approximately 420 LF of 8' high black powder coated perimeter fencing, complete with two gates.
7) Furnish and install approximately 60 LF of 4' high black powder coated divider fencing, complete with two gates.
8) Flood courts and patch any areas holding water per ASBA and USTA guidelines.
9) Apply two (2) coats of Acrylic Resurfacer over the entire surface of the court.
10) Apply two (2) coats of Color Coating over the entire surface of the court.
a. Court Color: Dark Green
11) Paint regulation pickleball markings with white textured line paint.
NOTES:
1) Water must be allowed to drain from court surface. Do not block water flow on side of court with grass or landscaping.
2) Owner to provide suitable access for equipment, water, and electric as required.
3) Should owner request additional material applied or other work performed to the surface of court which is not outlined above,
it will be at an extra cost.
4) EXCLUSIONS: Importation of clean infill, tree/landscape removal, survey, permits, erosion control, materials testing,
sodding, root barrier, sidewalks, trench drains, irrigation, relocation of utilities, shade structures, cabanas, benches, court
lighting, or conduit.
751 General Hutchison Parkway • Longwood, FL 32750 • (407) 330-9466 • fax (407) 330-9343 • www.NIDYSPORTS.com
Page 268 of 593
Estimator: Chris Tappan
CRACKS IN COURTS:
It should be noted that as your pickleball court ages, it will develop cracks. After resurfacing, new cracks may appear and repaired
cracks will reappear. Cracks develop in courts for various reasons with the most common being:
1) Constant expansion and contraction of more than'7,000 square feet of surface per court in response to constant fluctuations in
ambient temperatures. These daily fluctuations are often greatest in winter.
2) Loss of flexibility of the asphalt as it ages and loses the oils used in the manufacturing process.
3) Changes in subsurface stability reflecting through the court surface.
Nidy does NOT provide any written or implied guarantee of courts being free from existing or new cracks; thus, cannot and does not
warrant against new cracks appearing or old cracks reappearing after the court has been resurfaced.
WARRANTY:
Color Coating is warranted against any excessive fading for a period of one year from application. Surface is warranted against
peeling and flaking for a period of one year from application. Problems from normal wear, vandalism, and improper care are excluded.
OPTIONAL ADD:
Increase court footprint to 90' x 1 SO' to accommodate nine (9) total pickleball courts. Note that additional trees and sidewalk work
would be required. — ADD $50,100.00
Owner's Name & Billing Address:
Job Site's Contact Name & Phone:
Job Site's Address:
Authorized Signature Total Dollar Amount Authorized Date
751 General Hutchison Parkway • Longwood, FL 32750 • (407) 330-9466 • fax (407) 330-9343 • www.NIDYSPC?RTS.co
Page 269 of 593
I
UNNIA Partners Continues to Lead Public Sector Cooperativ
Purchasing i
Acquisition of NCPA Offers Additional Value to the Market
FRANKLIN, Tenn�., Dec. 6, 2022 1PRNewe wirel — OVA Partners announces the acquisition of Nationa
Cooperative Purchase Alliance �NCPA), a leading national government purchasing cooperative based
in Houston, TX, This most recent acquisition enriches MN IA Partners as the nation's most experienced cooperative purchasing organization
serving state and local government, K-12 education, and higher education institutions. The successful integration of NCPA into OMNIA Partners
augments the organization's differentlators of unparalleled scale and expertise while driving increased savings and efficlencyfor the purchasing
COMMUnity.
"OMNIA Partners is recognized as the leader rn cooperative purchasing by continually creating additional value and delivering extensive solutions
to our participants and suppliers," said M, Todd Abner, Founder, President & CEO of OMNIA Partners. "The acquisition of NCPA enhances our
value in the public sector market by adding additional world class supplier partners and further extending OMNIA Partners reach into the public
sector,"
OMNIA Partners, Public Sector will continue to utilize the lead agency contracting process that has become a strategic best practice in public
procurement, All contracts available in the portfolio have been competitively solicited and publicly awarded by a lead agency, The expansive
contract portfolio and all contract documentation may be viewed on the website,
purchasing process,"
OMNIA Partners, Public Sector is the nation's largest and most experienced cooperative purchasing organization dedicated to public sector
procurement, Our immense purchasing power and industry -leading suppliers have produced a comprehensive portfolio of cooperative contracts
and partnerships, making OMNIA Partners the most valued and trusted resource for organizations nationwide,
Through the economies of scale created by OMNIA Partners, our participants now have access to an extensive portfolio of competitively solicited
and publicly awarded agreements, The lead agency contracting process continues to be the foundation on which we are founded. MNIA
Partners is proud to offer more value and resources to K-1 2 education, state and local government, higher education, and non -profits,
Page 270 of 593
SPQRTS CQNSiRUCTIQN
ONCPA
An OMNIA Partners Company NIDY SPORTS CONSTRUCTION BID PRICING
Service Labor Rates All Lots
Unit of
Measure
Installer Bid
to Co -Op
Division
State
Multiplier
Price with
Multipler
2% NCPA
Fee
Total
Multiplier
Total Price to
Client
Notes
CONCRETE
4" Sidewalk (Under 50 SF)
SF
$47.00
0%
$47.00
$0.94
$0.00
$47.94
4" Sidewalk (Over 50 SF)
SF
$27.00
0%
$27.00
$0.54
$0.00
$27.54
6" Drive (Under 500 SF)
SF
$37.00
0%
$37.00
$0.74
$0.00
$37.74
6" Drive (Over 500 SF)
SF
$27.00
0%
$27.00
$0.54
$0.00
$27.54
6"x18" Curb
LF
$50.00
0%
$50.00
$1.00
$0.00
$51.00
6"x12" Curb
LF
$40.00
0%
$40.00
$0.80
$0.00
$40.80
4" Sidewalk with 18" Integral Curb
SF
$37.00
0%
$37.00
$0.74
$0.00
$37.74
Post Tension Concrete
SF
$30.00
0%
$30.00
$0.60
$0.00
$30.60
SEAL COATING
'
Hot Rubber Crack Fill
LF
$ 2.00
0%
$ 2.00
$ 0.04
$0.00
$ 2.04
Seal Coat 1 Coat Asphalt Emulsion
SF
$ 0.35
0%
$ 0.35
$ 0.01
$0.00
$ 0.36
Seal Coat 2 Coat Asphalt Emulsion
SF
$ 0.40
0%
$ 0.40
$ 0.01
$0.00
$ 0.41
Seal Coat 1 Coat Coal Tar
SF
$ 0.35
0%
$ 0.35
$ 0.01
$0.00
$ 0.36
Seal Coat 2 Coat Coal Tar
SF
$ 0.40
0%
$ 0.40
$ 0.01
$0.00
$ 0.41
ASPHALT REPAIR
'
Asphalt Patch
SF
$ 20.00
0%
$ 20.00
$ 0.40
$0.00
$ 20.40
Asphalt Remove/Replace 2" (Under 5,000 SF)
SF
$ 18.00
0%
$ 18.00
$ 0.36
$0.00
$ 18.36
Asphalt Remove/Replace 4" (Under 5,000 SF)
SF
$ 23.00
0%
$ 23.00
$ 0.46
$0.00
$ 23.46
Speed Bump Install
LF
$ 100.00
0%
$ 100.00
$ 2.00
$0.00
$ 102.00
ASPHALT PAVING
'
Convention Chip and Seal
SF
$ 1.50
0%
$ 1.50
$ 0.03
$0.00
$ 1.53
Cement Stabilization
SY
$ 19.00
0%
$ 19.00
$ 0.38
$0.00
$ 19.38
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6"x18" Curb & Gutter (500LF +)
LF
$ 70.00
0%
$ 70.00
$ 1.40
$0.00
$ 71.40
Asphalt Mill/Pave 2" 5,000 SF+
SF
$ 3.00
0%
$ 3.00
$ 0.06
$0.00
$ 3.06
Asphalt Mill/Pave 4" 5,000 SF+
SF
$ 4.00
0%
$ 4.00
$ 0.08
$0.00
$ 4.08
4" Sidewalk (Under 50 SF)
SF
$ 47.00
0%
$ 47.00
$ 0.94
$0.00
$ 47.94
4" Sidewalk (Over 50 SF)
SF
$ 25.00
0%
$ 25.00
$ 0.50
$0.00
$ 25.50
STRIPING
Stall
EA
$ 10.00
0%
$ 10.00
$ 0.20
$0.00
$ 10.20
Numbering
EA
$ 8.00
0%
$ 8.00
$ 0.16
$0.00
$ 8.16
Misc. Word Stencil
Per Letter
$ 5.00
0%
$ 5.00
$ 0.10
$0.00
$ 5.10
Hash Out / Grid
SF
$ 1.55
0%
$ 1.55
$ 0.03
$0.00
$ 1.58
Handicap
EA
$ 60.00
0%
$ 60.00
$ 1.20
$0.00
$ 61.20
Arrows
EA
$ 65.00
0%
$ 65.00
$ 1.30
$0.00
$ 66.30
Paint Curbs
LF
$ 2.75
0%
$ 2.75
$ 0.06
$0.00
$ 2.81
Stop Bar
LF
$ 3.75
0%
$ 3.75
$ 0.08
$0.00
$ 3.83
Light Pole Base / Bollard
EA
$ 64.00
0%
$ 64.00
$ 1.28
$0.00
$ 65.28
M ISC.
Catch Basin Replace
EA
$ 6,000.00
0%
$6,000.00
$ 120.00
$0.00
$ 6,120.00
Catch Basin New Concrete Collar
EA
$ 3,500.00
0%
$3,500.00
$ 70.00
$0.00
$ 3,570.00
New Bollard Install
EA
$ 2,000.00
0%
$2,000.00
$ 40.00
$0.00
$ 2,040.00
New Sign Install
EA
$ 1,400.00
0%
$1,400.00
$ 28.00
$0.00
$ 1,428.00
TENNIS/PICKLEBALL SURFACING
Acrylic Coating System (3 coat system)
SY
$12.00
0%
$12.00
$0.24
$0.00
$12.24
Acrylic Coating System (4 coat system)
SY
$20.00
0%
$20.00
$0.40
$0.00
$20.40
Acrylic Cushion System
SY
$50.00
0%
$50.00
$1.00
$0.00
$51.00
Armour Crack Repair System
LF
$25.00
0%
$25.00
$0.50
$0.00
$25.50
Stripe Tennis Court
EA
$1,750.00
0%
$1,750.00
$35.00
$0.00
$1,785.00
Stripe Pickleball Court
EA
$1,500.00
0%
$1,500.00
$30.00
$0.00
$1,530.00
Out of Town Travel Allowance
DAY
$3,000.00
0%
L
$3,000.00
$60.00
$0.00H$20.40
3,060.00
Courts less than 800SY for 3 coat system
SY
$20.00
$20.00
$0.40
$0.00
Page 272 of 593
Courts less than 800SY for 4 coat system
SY
$25.00
0%
$25.00
$0.50
$0.00
$25.50
Project Design, Development or Consultant
DAY
$2,500.00
0%
$2,500.00
$50.00
$0.00
$2,550.00
Professional Engineering Services
JOB
$45,000.00
0%
$45,000.00
$900.00
$0.00
$45,900.00
Installer (Tradesman)
HR
$100.00
0%
$100.00
$2.00
$0.00
$102.00
Limerock Base (per 6" layer)
SF
$3.50
0%
$3.50
$0.07
$0.00
$3.57
Asphalt Paving (RAP Mix)
SF
$5.00
0%
$5.00
$0.10
$0.00
$5.10
Asphalt Paving (Virgin Mix)
SF
$7.00
0%
$7.00
$0.14
$0.00
$7.14
BASKETBALL
Basketball Equipment
EA
$8,500.00
0%
$8,500.00
$170.00
$0.00
$8,670.00
Excavate & pour
concrete footer, furnish
Stripe Basketball Court
EA
$2,000.00
0%
$2,000.00
$40.00
$0.00
$2,040.00
TRACK SURFACING
3/8" Plexitrac Lightning (black)
SY
$25.00
0%
$25.00
$0.50
$0.00
$25.50
1/2" Plexitrac Lightning (black)
SY
$35.00
0%
$35.00
$0.70
$0.00
$35.70
3/8" Plexitrac Accelerator (red)
SY
$35.00
0%
$35.00
$0.70
$0.00
$35.70
1/2" Plexitrac Accelerator (red)
SY
$40.00
0%
$40.00
$0.80
$0.00
$40.80
BSS 100
SY
$55.00
0%
$55.00
$1.10
$0.00
$56.10
BSS 200
SY
$65.00
0%
$65.00
$1.30
$0.00
$66.30
BSS 300
SY
$95.00
0%
$95.00
$1.90
$0.00
$96.90
BSS 1000
SY
$130.00
0%
$130.00
$2.60
$0.00
$132.60
< 5,000 SY add on
SY
$10.00
0%
$10.00
$0.20
$0.00
$10.20
non standard color
SY
$5.00
0%
$5.00
$0.10
$0.00
$5.10
Hobart Finish
SY
$10.00
0%
$10.00
$0.20
$0.00
$10.20
Stuctural Spray Standard Color
SY
$20.00
0%
$20.00
$0.40
$0.00
$20.40
Non Standard Color
SY
$5.00
0%
$5.00
$0.10
$0.00
$5.10
Exchange Zone Color BSS 100 & BSS 200
LS
$35,000.00
0%
$35,000.00
$700.00
$0.00
$35,700.00
MAINTENANCE TRACK SURFACE
Plexitrac Lightning Resurface (black)
SY
$20.00
0%
$20.00
$0.40
$0.00
$20.40
PlexitracLightningResurface (red EPDM layers)
SY
$30.00
0%
$30.00
$0.60
$0.00
$30.60
Page 273 of 593
Plexitrac Surfacer (black)
SY
$20.00
0%
$20.00
$0.40
$0.00
$20.40
Plexitrac Surfacer (red)
SY
$25.00
0%
$25.00
$0.50
$0.00
$25.50
Project Design, Development or Consultant
DAY
$2,500.00
0%
$2,500.00
$50.00
$0.00
$2,550.00
Professional Engineering Services
JOB
$45,000.00
0%
$45,000.00
$900.00
$0.00
$45,900.00
Installer (Tradesman)
HR
$100.00
0%
$100.00
$2.00
$0.00
$102.00
Asphalt Paving (RAP Mix)
SF
$5.00
0%
$5.00
$0.10
$0.00
$5.10
Asphalt Paving (Virgin Mix)
SF
$7.00
0%
$7.00
$0.14
$0.00
$7.14
Track Cleaning
EA
$10,000.00
0%
$10,000.00
$200.00
$0.00
$10,200.00
Track Lining
EA
$15,000.00
0%
$15,000.00
$300.00
$0.00
$15,300.00
ARTIFICIAL TURF
i
Artificial Turf Installation ( Less than 40K SF)
SF
$8.50
0.00%
$8.50
$0.17
$0.00
$8.67
Artificial Turf Installation (Over 40K SF)
SF
$7.00
0.00%
$7.00
$0.14
$0.00
$7.14
Artificial Turf Pad Installation - ADD
SF
$2.00
0.00%
$2.00
$0.04
$0.00
$2.04
Artificual Turf Alt./Cooling Infill Installation - ADD
SF
$1.50
0.00%
$1.50
$0.03
$0.00
$1.53
Artificial Turf Removal
SF
$1.00
0.00%
$1.00
$0.02
$0.00
$1.02
BASEBALL/SOFTBALL
Regrade Baseball/Softball Infield
SF
$3.00
0%
$3.00
$0.06
$0.00
$3.06
Fine grade and groom
infield with new infield
Install foul poles
PAIR
$15,000.00
0%
$15,000.00
$300.00
$0.00
$15,300.00
Install bases, home plate, & mound
EA
$5,000.00
0%
$5,000.00
$100.00
$0.00
$5,100.00
FIELD, TRACK & COURT CONSTRUCTION
4'fence
LF
$75.00
0.00%
$75.00
$1.50
$0.00
$76.50
5' Fence
LF
$80.00
0.00%
$80.00
$1.60
$0.00
$81.60
6' Fence
LF
$85.00
0.00%
$85.00
$1.70
$0.00
$86.70
8' Fence
LF
$90.00
0.00%
$90.00
$1.80
$0.00
$91.80
10' fence
LF
$115.00
0.00%
$115.00
$2.30
$0.00
$117.30
20'Fence
LF
$200.00
0.00%
$200.00
$4.00
$0.00
$204.00
6' High Windscreen
LF
$14.00
0.00%
$14.00
$0.28
$0.00
$14.28
9' High Windscreen
LF
$20.00
0.00%
$20.00
$0.40
$0.00
$20.40
Milling
SF
$2.00
0.00%
$2.00
$0.04
$0.00
$2.04
4" Underdrains
LF
$50.00
0.00%
$50.00
$1.00
$0.00
$51.00
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6" Underdrains
LF
$60.00
0.00%
$60.00
$1.20
$0.00
$61.20
8" Underdrains
LF
$70.00
0.00%
$70.00
$1.40
$0.00
$71.40
12" Underdrains
LF
$80.00
0.00%
$80.00
$1.60
$0.00
$81.60
15" Underdrains
LF
$90.00
0.00%
$90.00
$1.80
$0.00
$91.80
1" x 12" Flat Drains
LF
$7.00
0.00%
$7.00
$0.14
$0.00
$7.14
Geotextile Drainage Fabric
SY
$1.50
0.00%
$1.50
$0.03
$0.00
$1.53
Storm Structuers
EA
$4,000.00
0.00%
$4,000.00
$80.00
$0.00
$4,080.00
Rentention Trench
LF
$150.00
0.00%
$150.00
$3.00
$0.00
$153.00
Stone Base (per 6" layer)
SF
$3.00
0.00%
$3.00
$0.06
$0.00
$3.06
Undercut Site
CY
$30.00
0.00%
$30.00
$0.60
$0.00
$30.60
Post Footers and Tennis/Pickleball Equipment
Court
$6,000.00
0.00%
$6,000.00
$120.00
$0.00
$6,120.00
Trench Drain (ACO 2k,3K, 4K)
LF
$90.00
0.00%
$90.00
$1.80
$0.00
$91.80
6"x12" Curb
LF
$40.00
0.00%
$40.00
$0.80
$0.00
$40.80
8"x8" Curb
LF
$35.00
0.00%
$35.00
$0.70
$0.00
$35.70
12"x8" Curb
LF
$45.00
0.00%
$45.00
$0.90
$0.00
$45.90
8"x12" Curb
LF
$45.00
0.00%
$45.00
$0.90
$0.00
$45.90
6"x18" Curb
LF
$50.00
0.00%
$50.00
$1.00
$0.00
$51.00
12" x12" Curb
LF
$50.00
0.00%
$50.00
$1.00
$0.00
$51.00
Install Turf Nailer Board
LF
$10.00
0.00%
$10.00
$0.20
$0.00
$10.20
Install Take Off Board
EA
$4,500.00
0.00%
$4,500.00
$90.00
$0.00
$4,590.00
Install Pole Vault Tray and Lid
EA
$6,000.00
0.00%
$6,000.00
$120.00
$0.00
$6,120.00
Install Football Field Goal Posts
PAIR
$35,000.00
0.00%
$35,000.00
$700.00
$0.00
$35,700.00
Install Soccer Goals
PAIR
$12,000.00
0.00%
$12,000.00
$240.00
$0.00
$12,240.00
Long Jump Pit
EA
$12,000.00
0.00%
$12,000.00
$240.00
$0.00
$12,240.00
SHUFFLEBOARD/BOCCE
Construct Shuffleboard Court
Court
$25,000.00
0%
$25,000.00
$500.00
$0.00
$25,500.00
Shuffleboard Resurface
Court
$1,600.00
0%
$1,600.00
$32.00
$0.00
$1,632.00
Construct Bocce Court
Court
$35,000.00
0%
$35,000.00
$700.00
$0.00
$35,700.00
Bocce Carpet Replacement
Court
$6,500.00
0%
1 $6,500.00
$130.00
1 $0.00
1 $6,630.00
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Master Agreement
Signature Form
Products .' • Services
Scope
Value Added Products and
Page 276 of 593
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TAB 1 ■
MASTER AGREEMENT - GENERAL TERMS AND CONDITIONS
Customer Support
The vendor shall provide timely and accurate technical advice and sales support. The vendor
shall respond to such requests within one (1) working day after receipt of the request.
Disclosures
Respondent affirms that he/she has not given, offered to give, nor intends to give at any time
hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount,
trip, favor or service to a public servant in connection With this contract.
The respondent affirms that, to the best of his/her knowledge, the offer has been arrived at
independently, and is submitted without collusion with anyone to obtain information or gain any
favoritism that would in any way limit competition or give an unfair advantage over other
vendors in the award of this contract.
Renewal of Contract
Unless otherwise stated, all contracts are for a period of three (3) years with an option to renew
for up to two (2) additional one-year terms or any combination of time equally not more than 2
years if agreed to by Region 14 ESC and the vendor.
Funding Out Clause
Any/all contracts exceeding one (1) year shall include a standard "funding out" clause. A
contract for the acquisition, including lease, of real or personal property is a commitment of tht,
entity's current revenue only, provided the contract contains either or both of the following
provisions.*
Retains to the entity the continuing right to terminate the contract at the expiration of each
budget period during the term of the contract and is conditioned on a best efforts attempt by the
entity to obtain appropriate funds for payment of the contract.
Shipments (if applicable)
The awarded vendor shall ship ordered products within seven (7) working days for goods
available and Within four (4) to six (6) weeks for specialty items after the receipt of the order
unless modified. If a product cannot be shipped within that time, the awarded vendor shall notify
the entity placing the order as to why the product has not shipped and shall provide an
estimated shipping date. At this point the participating entity may cancel the order if estimated
shipping time is not acceptable.
Tax Exempt Status
Since this is a national contract, knowing the tax laws in each state is the sole responsibility of
the vendor.
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Payments
The entity using the contract will make payments directly to the awarded vendor or their
affiliates (distributors/business partners/resellers) as long as written request and approval
NCPA is provided to the awarded vendor. 11
Adding Authorized Distributors/Dealers
Awarded vendors may submit a list of distributors/partners/resellers to sell under their contract
throughout the life of the contract. Vendor must receive written approval from NCPA before such
distributors/partners/resellers considered authorized.
Purchase orders and payment can only be made to awarded vendor or distributors/ business
partners/resellers previously approved by NCPA.
Pricing provided to members by added distributors or dealers must also be less than or equal to
the pricing offered by the awarded contract holder.
All distributors/partners/resellers are required to abide by the Terms and Conditions of the
vendor's agreement with NCPA.
Pricing
All pricing submitted shall include the administrative fee to be remitted to NCPA by the awarded
vendor. It is the awarded vendor's responsibility to keep all pricing up to date and on file with
NCPr.
offered unless otherwise clearly stated in writing
Warranty
Proposal should address the following warranty information:
• Applicable warranty and/or guarantees of equipment and installations including any
conditions and response time for repair and/or replacement of any components during
the warranty period.
• Availability of replacement parts
• Life expectancy of equipment under normal use
• Detailed'information as to proposed return policy on all equipment
Products-, Vendor shall provide equipment ' materials and products that are new unless
otherwise specified, of good quality and free of defects
Construction: Vendor shall perform services in a good and workmanlike manner and in
accordance With industry standards for the service provided.
Safety
Vendors performing services shall comply with occupational safety and health rules and
regulations. Also all vendors and subcontractors shall be held responsible for the safety of their
employees and any conditions that may cause Injury or damage to persons or property.
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Permits
Since this is a national contract, knowing the permit laws in each state is the sole responsibility
of the vendor.
Indemnity
The awarded vendor shall protect, indemnify, and hold harmless Region 14 ESC and its
participants, administrators, employees and agents against all claims, damages, losses and
oxpenses arising out of or resulting from the actions of the vendor, vendor employees or vendor
iubcontractors in the preparation of the solicitation and the later execution of the contract.
Franchise Tax
The respondent hereby certifies that he/she is not currently delinquent in the payment of any
franchise taxes.
Supplemental Agreements
The entity participating in this contract and awarded vendor may enter into a separate
M-1Fr4- W-0- MEM-1 =-67-701
between the participating entity and awarded vendor.
Certificates of Insurance
Certificates of insurance shall be delivered to the Public Agency prior to commencement of
work. The insurance company shall be licensed in the applicable state In which work is being
conducted. The awarded vendor shall give the participating entity a minimum of ten (10) days
notice prior to any modifications or cancellation of policies. The awarded vendor shall require all
subcontractors performing any work to maintain coverage as specified.
Legal Obligations
It is the Respondent's responsibility to be aware of and comply with all local, state, and federal
laws governing the sale of prod ucts/services identified in this RFP and any awarded contract
and shall comply with all while fulfilling the RFP. Applicable laws and regulation must be
followed even if not specifically identified herein.
Protest
A protest of an award or proposed award must be filed in writing within ten (10) days from the
date of the official award notification and must be received by 5:00 pm CST. Protests shall be
filed with Region 14 ESC and shall include the following:
• Name, address and telephone number of protester
• Original signature of protester or its representative
• Identification of the solicitation by RFP number
• Detailed statement of legal and factual grounds including copies of relevant documents
and the form of relief requested
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Any protest review and action shall be considered final with no further formalities being
considered.
Force Majeure
If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to
carry out its obligations under this Agreement then such party shall give notice and full
particulars of Force Majeure in writing to the other party within a reasonable time after
occurrence of the event or cause relied upon, and the obligation of the party giving such notice,
so far as it is affected by such Force Majeure, shall be suspended during the continuance of the
inability then claimed, except as hereinafter provided, but for no longer period, and such party
shall endeavor to remove or overcome such inability with all reasonable dispatch.
• •
It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage
legislation in effect in the jurisdiction of the purchaser. it shall further be the responsibility of the
Vendor to monitor the prevailing wage rates as established by the appropriate department of
labor for any increase in rates during the term of this contract and adjust wage rates
accordingly.
Termination
Either •« May cancel this contract in whole • in •. • providing written notice. The
cancellation will take effect 30 business days after the other party receives the notice of
cancellation. After the 30th business day all work will cease following completion of final
• order.
Open Records •
Because Region 14 ESC is a governmental entity responses submitted are subject to release
as public information after contracts are executed. If a vendor believes that its response, or
parts of its response, may be exempted from disclosure, the vendor must specify page -by -page
and line -by-line the parts of the response, which it believes, are exempt. in addition, the
respondent must specify which exception(s) are applicable and provide detailed reasons to
• the exception(s).
Page 281 of 593
information f render an opinion « • therefore,«f • general claimsto confidentiality by
the respondent i acceptable. Region 14 ESC must complyopinions of s OAG.
Respondent are advised to consultlegal counseli • disclosure
resulting from this procurement process and to take precautions to safeguard trade secrets and
i proprietary information.
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Contract Administration
The contract will be administered by Region 14 ESC. The National Program will be administered
by NCPA on behalf of Region 14 ESC.
Contract Term
The contract term will be for three (3) year starting from the date of the award. The contract may
be renewed for up to two (2) additional one-year terms or any combination of time equally not
more than 2 years.
It should be noted that maintenance/service agreements may be issued for up to (5) years under
this contract even if the contract only lasts for the initial term of the contract. NCPA will monitor
2 V#04'?��_7�- M.r armn r%-iT4;# "i �-r&� a MMR4 �F' 1-1: &1
termination or expiration of this contract.
Contract Waiver
Any waiver of any provision of this contract shall be in writincl and shall be signed by the duly —
authorized agent of Region 14 ESC. The waiver by either party of any term or condition of this
contract shall not be deemed to constitute waiver thereof nor a waiver of any further or
2dditional right that such party may hold under this contract.
Price Increases
Should it becorte tecesay-w— Oce r1jC[f!L2SP' LO&I
00
Products and Services Additions
New Products and/or Services may be added to the resulting contract at any time during the
term by written amendment, to the extent that those products and/or services are within the
scope of this RFP.
Competitive Range
It may be necessary for Region 14 ESC to establish a competitive range. Responses not in the
competitive range are unacceptable and do not receive further award consideration.
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Deviations and Exceptions
Deviations or exceptions stipulated in response may result in disqualification. It is the intent
Region 14 ESC to award a vendor's complete line of products and/or services, when possibli
Estimated Quantities
While no minimum volume is guaranteed, the estimated (but not limited to) annual volume for
Products and Services purchased under the proposed Master Agreement is $50 million dollar
annually. This estimate is based on the anticipated volume of Region 14 E8C and current sal
within the NCPA program. I
Evaluation
Region 14 ESC will review and evaluate all responses in accordance with, and subject to, the
relevant statutes, ordinances, rules and regulations that govern its procurement practices,
NCPA will assist the lead agency in evaluating proposals. Recommendations for contract
awards will be based on multiple factors, each factor being assigned a point value based on its
importance.
Formation of Contract
A response to this solicitation is an offer to contract with Region 14 ESC based upon the terms,
conditions, scope of work, and specifications contained in this request. A solicitation does not
become a contract until it is accepted by Region 14 ESC. The prospective vendor must submit a
signed Signature Form with the response thus, eliminating the need for a formal signing
process. Contract award letter issued by Region 14 ESC is the counter -signature document
establishing acceptance of the contract.
ACPA Administrative Agreement
The vendor will be required to enter and execute the National Cooperative Purchasing Alliance
Administration Agreement with NCPA upon award With Region 14 ESC. The agreement
establishes the requirements of the vendor with respect to a nationwide contract effort.
Clarifications/Discussions
Region 14 ESC may request additional information or clarification from any of the respondents
after review of the proposals received for the sole purpose of elimination minor irregularities,
informalities, or apparent clerical mistakes in the proposal. Clarification does not give
respondent an opportunity to revise or modify its proposal, except to the extent that correction of
apparent clerical mistakes results in a revision. After the initial receipt of proposals, Region 14
ESC reserves the right to conduct discussions with those respondent's whose proposals are
determined to be reasonably susceptible of being selected for award. Discussions occur when
oral or written communications between Region 14 ESC and respondent's are conducted for the
purpose clarifications involving information essential for determining the acceptability of a
proposal or that provides respondent an opportunity to revise or modify its proposal, Region 14
ESC Will not assist respondent bring its proposal up to the level of other proposals through
discussions. Region 14 ESC will not indicate to respondent a cost or price that it must meet to
neither obtain further consideration nor will it provide any information about other respondents'
proposals or prices.
Page 284 of 593
Multiple Awards
Multin,le Contracts max,� be
that any ensuing contracts fulfill current and future requirements of the diverse and large
number of participating public agencies.
Past •
Past performance is relevant information regarding a vendor's actions under previously awarded
contracts; including the administrative aspects of performance; the vendor's history of
reasonable and cooperative behavior and commitment to customer satisfaction, and generally,
the vendor's •. concern for the interests of the •.
Page 285 of 593
EVALUATION CRITERIA
0 1 • 0 • •
immellue ligemidd -
• Products, Services, Warranties, etc. price list
• Prices listed will be used to establish both the extent of a vendor's product lines,
services, warranties, etc. available from a particular bidder and the pricing per item.
Ability to Provide and Perform the Required Services for the Contract (25 points)
• Product Delivery within participating entities specified parameters
• Number of line items delivered complete within the normal delivery time as a percentagg
of line items ordered.
• Vendor's ability to perform towards above requirements and desired specifications.
• Past Cooperative Program Performance
• Quantity of line items available that are commonly purchased by the entity.
• Quality of line items available compared to normal participating entity standards.
References and Experience (20 points)
• A minimum often (10) customer references for product and/or services of similar scope
dating within past 3 years
• Respondent Reputation in marketplace
• Past Experience working with public sector.
• Exhibited understanding of cooperative purchasing
Value Added Prod ucts/Se rvi ces Description, (8 points)
• Additional Prod ucts/Services related to the scope of RFP
• Marketing and Training
• Minority and Women Business Enterprise (MWBE) and (HUB) Participation
• Customer Service
Technology for Supporting the Program (7 points)
• Electronic on-line catalog, order entry use by and suitability for the entity's needs
• Quality of vendor's on-line resources for NCPA members.
• Specifications and features offered by respondent's products and/or services
Page 286 of 593
SIGNATURE FORM
The undersigned hereby proposes and agrees to furnish goods and/or services in striO
compliance with the terms, specifications and conditions at the prices proposed within response
unless noted in writing. The undersigned further certifies that he/she is an officer of the company
and has authority to negotiate and bind the company named below and has not prepared this bid
in collusion with any is Respondent and that the contents of this proposal as to prices, terms
or conditions of said bid have not been communicated by the undersigned nor by any employee
or agent to any person engaged in this type of business prior to the official opening of this
proposal.
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Page 287 of 593
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Page 288 of 593