HomeMy WebLinkAboutAGR-7901 - MCWIL SPORTS SURFACES, INC. - GRIJALVA SPORTS CENTER GYM & DANCE FLOOR MAINTENANCEDocusign Envelope ID:E9AD046A-B4FD-4171-B948-BC84EB584594
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AGR-7901 Lr7
MAINTENANCE SERVICES AGREEMENT
Maintenance Services of Gymnasium and Dance Flooring]
THIS MAINTENANCE SERVICES AGREEMENT (the "Agreement") is made at
Orange, California, on this 4th day of DAcemhAr 2025 by and between the CITY
OF ORANGE, a municipal corporation ("City") and MCWIL SPORTS SURFACES INC., a
California corporation("Contractor"), who agree as follows.
1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor
shall provide to the reasonable satisfaction of City the services set forth in Exhibit "A," which is
attached hereto and incorporated herein by this reference. As a material inducement to City to enter
into this Agreement, Contractor represents and warrants that it has thoroughly investigated and
considered the scope of services and fully understands the difficulties and restrictions in performing
the work. Contractor represents that it is experienced in performing the work and will follow the
highest professional standards in performance of the work. All services provided shall conform to all
federal,state and local laws,rules and regulations and to the best professional standards and practices.
The terms and conditions set forth in this Agreement shall control over any terms and conditions in
Exhibit "A" to the contrary.
David Nobbs, Parks Maintenance Supervisor ("City's Project Manager"), shall be the person
to whom Contractor will report for the performance of services hereunder. It is understood that
Contractor's performance hereunder shall be under the supervision of City's Project Manager (or
his/her designee),that Contractor shall coordinate its services hereunder with City's Project Manager
to the extent required by City's Project Manager, and that all performances required hereunder by
Contractor shall be performed to the satisfaction of City's Project Manager and the City Manager.
2. Total Compensation, Annual Compensation and Fee Schedule.
a.Contractor's total compensation for all services performed under this
Agreement, shall not exceed TWELVE THOUSAND ONE HUNDRED THIRTY-FIVE DOLLARS
and 00/100 ($12,135.00) without the prior written authorization of City.
b. In addition to the scheduled services to be performed by the Contractor, the
parties recognize that additional, unforeseen work and services may be required by City's Project
Manager. In anticipation of such contingencies, the sum of ONE THOUSAND TWO HUNDRED
THIRTEEN DOLLARS and 50/100 ($1,213.50) has been added to the total compensation of this
Agreement. City's Project Manager may approve the additional work and the actual costs incurred by
the Contractor in performance of additional work or services in accordance with such amount as City's
Project Manager and the Contractor may agree upon in advance. aSaid additional work or services and
the amount of compensation therefor, up to the amount of the authorized contingency, shall be
memorialized in the form of an Amendment to Agreement approved by the City Manager on a form
acceptable to the City Attorney. The Contractor agrees to perform only that work or those services
that are specifically requested by the City's Project Manager. Any and all additional work and services
performed under this Agreement shall be completed in such sequence as to assure their completion as
expeditiously as is consistent with professional skill and care in accordance with a cost estimate or
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proposal submitted to and approved by City's Project Manager prior to the commencement of such
services.
c.The total amount of compensation under this Agreement, including
contingencies, shall not exceed THIRTEEN THOUSAND THREE HUNDRED FORTY-EIGHT
DOLLARS and 50/100 ($13,348.50).
d. The compensation for services performed under this Agreement shall be paid
as specified in Exhibit"A."
e.The above fee shall include all costs, including, but not limited to, all clerical,
administrative, overhead, insurance, reproduction, telephone, travel, auto and equipment rental, and
all related expenses.
3. Payment.
a. As scheduled services are completed,Contractor shall submit to City an invoice
for the services completed, authorized expenses and authorized extra work actually performed or
incurred.
b. All such invoices shall state the basis for the amount invoiced, including
services completed, the number of hours spent and any extra work performed.
c.City will pay Contractor the amount invoiced within thirty (30) days after the
approval of the invoice.
d. Payment shall constitute payment in full for all services, authorized costs and
authorized extra work covered by that invoice.
4. Change Orders. No payment for extra services caused by a change in the scope or
complexity of work, or for any other reason, shall be made unless and until such extra services and a
price therefor have been previously authorized in writing and approved by City as an amendment to
this Agreement. The amendment shall set forth the changes of work,extension of time,and adjustment
of the compensation to be paid by City to Contractor.
5. Licenses. Contractor represents that it and any subcontractors it may engage, possess
any and all licenses which are required under state or federal law to perform the work contemplated
by this Agreement and that Contractor and its subcontractors shall maintain all appropriate licenses,
including a City of Orange business license, at its cost, during the performance of this Agreement.
6. Independent Contractor. At all times during the term of this Agreement, Contractor
shall be an independent contractor and not an employee of City. City shall have the right to control
Contractor only insofar as the result of Contractor's services rendered pursuant to this Agreement.
City shall not have the right to control the means by which Contractor accomplishes services rendered
pursuant to this Agreement. Contractor shall, at its sole cost and expense, furnish all facilities,
materials and equipment which may be required for furnishing services pursuant to this Agreement.
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Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from
all matters relating to the payment of its subcontractors, agents and employees, including compliance
with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and
regulations of any nature whatsoever. Contractor acknowledges that it and any subcontractors,agents
or employees employed by Contractor shall not, under any circumstances, be considered employees
of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City,
including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement
System benefits, or health, life, dental, long-term disability or workers' compensation insurance
benefits.
7. Contractor Not Agent. Except as City may specify in writing, Contractor shall have
no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.
8. Designated Persons. Except as otherwise authorized by City's Project Manager, only
the employees of Contractor shall perform work provided for under this Agreement. It is understood
by the parties that clerical and other nonprofessional work may be performed by persons other than
those designated.
9. Assignment or Subcontracting. No assignment or subcontracting by Contractor of
any part of this Agreement or of funds to be received under this Agreement shall be of any force or
effect unless the assignment has had the prior written approval of City. City may terminate this
Agreement rather than accept any proposed assignment or subcontracting. Such assignment or
subcontracting may be approved by the City Manager or his/her designee.
10. Term. The term of this Agreement shall be for 2 months, commencing on December
15, 2025, and ending on February 15, 2026.
11. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall
do all things necessary and incidental to the prosecution of Contractor's work.
12. Damages. If the Contractor does not perform the work in question within the time
specified in the notice to proceed or fails to continue to comply,the City may then complete the work
by City forces,by letting the unfinished work or services to another contractor, or by a combination
of such methods. In any event,the cost of completing the work shall be charged against the Contractor
and may be deducted from any money due or becoming due from the City. In the even the Contractor
does not perform the work in question, the City has no obligation to pay the contractor for work not
performed.
13. Delays and Extensions of Time. Contractor's sole remedy for delays outside its
control, other than those delays caused by City, shall be an extension of time. No matter what the
cause of the delay, Contractor must document any delay and request an extension of time in writing at
the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length
of the delay outside Contractor's control. If Contractor believes that delays caused by City will cause
it to incur additional costs, it must specify, in writing,why the delay has caused additional costs to be
incurred and the exact amount of such cost at the time the delay occurs. No additional costs can be
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paid that exceed the not to exceed amount stated in Section 2.a, above, absent a written amendment to
this Agreement.
14. Products of Contractor. The documents, studies, evaluations, assessments, reports,
plans, citations, materials, manuals,technical data, logs, files, designs and other products produced or
provided by Contractor for this Agreement shall become the property of City upon receipt. Contractor
shall deliver all such products to City prior to payment for same. City may use, reuse or otherwise
utilize such products without restriction.
15. Equal Employment Opportunity. During the performance of this Agreement,
Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for
employment because of race,color,religion, sex,national origin,mental or physical disability, or any
other basis prohibited by applicable law. Contractor shall ensure that applicants are employed, and
that employees are treated during employment, without regard to their race, color, religion, sex,
national origin, mental or physical disability, or any other basis prohibited by applicable law. Such
actions shall include, but not be limited to the following: employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation and selection for training, including apprenticeship. Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, a notice setting forth
provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees placed
by, or on behalf of Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex,national origin, mental or physical disability,
or any other basis prohibited by applicable law.
c.Contractor shall cause the foregoing paragraphs (a)and(b)to be inserted in all
subcontracts for any work covered by this Agreement,provided that the foregoing provisions shall not
apply to subcontracts for standard commercial supplies or raw materials.
16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the
making, or in any way attempt to use its position as a contractor to influence any decision of City in
which Contractor knows or has reason to know that Contractor, its officers, partners, or employees
have a financial interest as defined in Section 87103 of the Government Code.
17. Indemnity.
a. To the fullest extent permitted by law, Contractor agrees to indemnify, defend
and hold City, its City Council and each member thereof, and the officers, officials, agents and
employees of City(collectively the"Indemnitees") entirely harmless from all liability arising out of:
1) Any and all claims under workers' compensation acts and other
employee benefit acts with respect to Contractor's employees or subcontractor's employees arising
out of Contractor's work under this Agreement, including any and all claims under any law pertaining
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to Contractor or its employees' status as an independent contractor and any and all claims under Labor
Code section 1720 related to the payment of prevailing wages for public works projects; and
2) Any claim, loss, injury to or death of persons or damage to property
caused by any act,neglect,default,or omission of Contractor,or person,firm or corporation employed
by Contractor, either directly or by independent contract, including all damages due to loss or theft
sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of,
or in any way connected with the work or services which are the subject of this Agreement, including
injury or damage either on or off City's property; but not for any loss, injury,death or damage caused
by the active negligence or willful misconduct of City. Contractor, at its own expense, cost and risk,
shall indemnify any and all claims,actions,suits or other proceedings that may be brought or instituted
against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or
satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit
or other proceedings as a result of coverage under this subparagraph.
b. Reserved.
c. Except for the Indemnitees, the indemnifications provided in this Agreement
shall not be construed to extend any third party indemnification rights of any kind to any person or
entity which is not a signatory to this Agreement.
d. The indemnities set forth in this section shall survive any closing,rescission,or
termination of this Agreement, and shall continue to be binding and in full force and effect in
perpetuity with respect to Contractor and its successors.
18. Insurance.
a. Contractor shall carry workers' compensation insurance as required by law for
the protection of its employees during the progress of the work. Contractor understands that it is an
independent contractor and not entitled to any workers' compensation benefits under any City
program.
b. Contractor shall maintain during the life of this Agreement the following
minimum amount of comprehensive general liability insurance or commercial general liability
insurance: the greater of (1) a combined single limit of One Million Dollars ($1,000,000.00) per
occurrence; or(2) all the insurance coverage and/or limits carried by or available to Contractor. Said
insurance shall cover bodily injury,death and property damage and be written on an occurrence basis.
c.Contractor shall maintain during the life of this Agreement, the following
minimum amount of automotive liability insurance: the greater of(1) a combined single limit of One
Million Dollars($1,000,000.00); or(2)all the insurance coverage and/or limits carried by or available
to Contractor. Said insurance shall cover bodily injury, death and property damage for all owned,
non-owned and hired vehicles and be written on an occurrence basis.
d. Any insurance proceeds in excess of or broader than the minimum required
coverage and/or minimum required limits which are applicable to a given loss shall be available to
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City. No representation is made that the minimum insurance requirements of this Agreement are
sufficient to cover the obligations of Contractor under this Agreement.
e.Each policy of general liability and automotive liability shall provide that City,
its officers, officials, agents, and employees are declared to be additional insureds under the terms of
the policy,but only with respect to the work performed by Contractor under this Agreement. A policy
endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of
an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional
insured as a contracting party. The minimum coverage required by Subsection 18.b and c,above, shall
apply to City as an additional insured. Any umbrella liability insurance that is provided as part of the
general or automobile liability minimums set forth below shall be maintained for the duration of the
Agreement.
f.The insurance policies maintained by Contractor shall be primary insurance and
no insurance held or owned by City shall be called upon to cover any loss under the policy. Contractor
will determine its own needs in procurement of insurance to cover liabilities other than as stated above.
g. Before Contractor performs any work or prepares or delivers any materials,
Contractor shall furnish certificates of insurance and endorsements, as required by City, evidencing
the aforementioned minimum insurance coverages on forms acceptable to City, which shall provide
that the insurance in force will not be canceled or allowed to lapse without at least ten(10)days'prior
written notice to City.
h. All insurance maintained by Contractor shall be issued by companies admitted
to conduct the pertinent line of insurance business in California and having a rating of Grade A or
better and Class VII or better by the latest edition of Best Key Rating Guide.
i.Contractor shall immediately notify City if any required insurance lapses or is
otherwise modified and cease performance of this Agreement unless otherwise directed by City. In
such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs
and any and all damages resulting therefrom, by way of set-off from any sums owed Contractor.
j.Contractor agrees that in the event of loss due to any of the perils for which it
has agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor
hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with
respect to the services of Contractor herein,a waiver of any right to subrogation which any such insurer
may acquire against City by virtue of the payment of any loss under such insurance.
k. Contractor shall include all subcontractors,if any, as insureds under its policies
or shall furnish separate certificates and endorsements for each subcontractor to City for review and
approval. All coverages for subcontractors shall be subject to all of the requirements stated herein.
19. Termination. City may for any reason terminate this Agreement by giving Contractor
not less than five (5) days' written notice of intent to terminate. Upon receipt of such notice,
Contractor shall immediately cease work, unless the notice from City provides otherwise. Upon the
termination of this Agreement, City shall pay Contractor for services satisfactorily provided and all
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allowable reimbursements incurred to the date of termination in compliance with this Agreement,
unless termination by City shall be for cause, in which event City may withhold any disputed
compensation. City shall not be liable for any claim of lost profits.
20. Maintenance and Inspection of Records. In accordance with generally accepted
accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete
books, documents, papers, accounting records, and other information (collectively, the "records")
pertaining to the costs of and completion of services performed under this Agreement. City and its
authorized representatives shall have access to and the right to audit and reproduce any of Contractor's
records regarding the services provided under this Agreement. Contractor shall maintain all such
records for a period of at least three (3) years after termination or completion of this Agreement.
Contractor agrees to make available all such records for inspection or audit at its offices during normal
business hours and upon three (3) days' notice from City, and copies thereof shall be furnished if
requested.
21. Compliance with Laws/Background.
a. Contractor shall be knowledgeable of and comply with all local, state and
federal laws which may apply to the performance of this Agreement.
b. The work provided for in this Agreement constitutes a "public works," as that
term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be
paid, to the extent Contractor's employees will perform any work that falls within any of the
classifications for which the Department of Labor Relations of the State of California promulgates
prevailing wage determinations,Contractor hereby agrees that it, and any subcontractor under it, shall
pay not less than the specified prevailing rates of wages to all such workers and shall comply with all
statutory requirements thereunder. Statutory provisions for penalties for failure to comply with
prevailing wage laws will be enforced. The general prevailing wage determinations for crafts can be
located on the website of the Department of Industrial Relations (www.dir.ca.gov/DLSR).
Additionally, to perform work under this Contract, Contractor must meet all State registration
requirements and criteria, including project compliance monitoring.
c.Contractor represents and warrants that it:
1) Has complied and shall at all times during the term of this Agreement
comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders,
including,without limitation,the Immigration Reform and Control Act of 1986 (IRCA); and
2) Has not and will not knowingly employ any individual to perform
services under this Agreement who is ineligible to work in the United States or under the terms of this
Agreement; and
3) Has properly maintained, and shall at all times during the term of this
Agreement properly maintain, all related employment documentation records including, without
limitation, the completion and maintenance of the Form I-9 for each of Contractor's employees; and
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4) Has responded, and shall at all times during the term of this Agreement
respond, in a timely fashion to any government inspection requests relating to immigration law
compliance and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland
Security, the Department of Labor, or the Social Security Administration.
d. Contractor shall, upon request of City,provide a list of all employees working
under this Agreement and shall provide,to the reasonable satisfaction of City,verification that all such
employees are eligible to work in the United States. All costs associated with such verification shall
be borne by Contractor. Once such request has been made, Contractor may not change employees
working under this Agreement without written notice to City,accompanied by the verification required
herein for such employees.
e.Contractor shall require all subcontractors to make the same representations and
warranties as set forth herein.
f.If Contractor or subcontractor knowingly employs an employee providing work
under this Agreement who is not authorized to work in the United States, and/or fails to follow federal
laws to determine the status of such employee,that shall constitute a material breach of this Agreement
and may be cause for immediate termination of this Agreement by City.
g. All personnel performing any services to City under this Contract shall possess
sufficient experience and security records to perform the work at public facilities. Contractor shall
conduct and complete, to City's satisfaction, sufficient background checks to ensure no personnel
performing services under this Contract is listed on the National Sex Offender Public Registry
NSOPR"). Contractor shall monitor personnel security records to ensure no existing or new
employees performing services under this Contract are added to the NSOPR or convicted of any crimes
that would disqualify them from adhering to conduct conducive to public safety.
h. All costs associated with the documentation and verification required herein
shall be borne by Contractor. Contractor shall require all subcontractors to provide the same
documentation and verification when hired to perform services under this Contract. City has the right,
in its sole and absolute discretion, to reject any employee of Contractor assigned to perform services
for City,with or without cause,at the time of such assignment or at any time thereafter,and Contractor
shall remove that employee from providing services to City to the extent permitted by law and any
applicable collective bargaining agreement. City's rights under this Article shall not be exercised in
an arbitrary or capricious manner, or with the intent of forcing a termination of this Contract.
i.Contractor agrees to indemnify and hold City, its officials, and employees
harmless for, of and from any loss, including but not limited to fines, penalties and corrective
measures, City may sustain by reason of Contractor's failure to comply with said laws, rules and
regulations in connection with the performance of this Agreement.
22. Governing Law and Venue. This Agreement shall be construed in accordance with
and governed by the laws of the State of California and Contractor agrees to submit to the jurisdiction
of California courts. Venue for any dispute arising under this Agreement shall be in Orange County,
California.
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23. Integration. This Agreement constitutes the entire agreement of the parties. No other
agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of
any force or effect unless it is in writing and signed by both parties. Any work performed which is
inconsistent with or in violation of the provisions of this Agreement shall not be compensated.
24. Notice. Except as otherwise provided herein,all notices required under this Agreement
shall be in writing and delivered personally,by e-mail, or by first class mail,postage prepaid,to each
party at the address listed below. Either party may change the notice address by notifying the other
party in writing. Notices shall be deemed received upon receipt of same or within 3 days of deposit
in the U.S. Mail,whichever is earlier. Notices sent by e-mail shall be deemed received on the date of
the e-mail transmission.
CONTRACTOR" CITY"
McWil Sports Surfaces Inc. City of Orange
135 W. 155th Street 300 E. Chapman Avenue
Gardena, CA 90248 Orange, CA 92866-1591
Attn.: Jason Ganes Attn.: David Nobbs
Telephone: 310-701-2245 Telephone: 714-532-6468
E-Mail: jason@mcwilss.com E-Mail: dnobbs@cityoforange.org
25. Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as
original signatures.
Remainder of page intentionally left blank; signatures on next page]
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IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year
and day first above written.
CONTRACTOR" CITY"
MCWIL SPORTS SURFACES INC., CITY OF ORANGE, a municipal corporation
a California corporation
DocuSigned by: Signed by:
24*By: GVcun1- ec {tVSOtn, By:
Printe D2B i-ant Patterson effiffffetitrand, City Manager
Title:President
By: _ ATTEST:
Printed Name:
Title:
Signed by:
tarfiVa€ ftYan, City Clerk
APPROVED AS TO FORM:
DocuSigned by:
e,' iiur a/)
thoafitP7itlUttrian, City Attorney
NOTE:The City requires the following signature(s) on behalf of the Contractor:
1) the Chairman of the Board, the President or a Vice-President, AND (2) the
Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or
an Assistant Treasurer. If only one corporate officer exists or one corporate
officer holds more than one corporate office,please so indicate. OR
The corporate officer named in a corporate resolution as authorized to enter into
this Agreement. A copy of the corporate resolution, certified by the Secretary
close in time to the execution of the Agreement, must be provided to the City.
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EXHIBIT "A"
COMPENSATION AND SCOPE OF SERVICES
Beneath this sheet.]
Docusign Envelope ID:E9AD046A-B4FD-4171-B948-BG84EB584594 EXHIBIT A
McWil Sports Surfaces, Inc. M C W IL
135 W. 155th St.
Gardena, CA 90248 SPORTS SURFACES, INC.
www.mcwilss.com
ESTIMATE Contractor will perform scope of work, provide supplies, and bill
City as applicable in accordance with Sourcewell Contract for
RFP#031022, attached hereto as Exhibit B
ATTENTION DATE
David Nobbs
PROJECT BIDDING SPEC SECTION
Grijalva Park Gym&Dance Flooring
We propose to screen and coat the wood flooring at the above stated facility. We will abrade the top layer of finish,
then pull two new coats of finish. This does not include paint touch ups or repairs.
We propose to furnish materials and labor complete in accordance with the above specifications for the sum of US Dollars:
10,800
Add $1,335 to screen and coat the dance room flooring
Option 2 for gym flooring: Sand and finish - $50,400
Exclusions:
1.Major floor prep,including,but not limited to,floating or resheeting floor due to uneven or damaged concrete or plywood
2.Moisture abatement due to calcium chloride or relative humidity test results above the manufacturer's specified limits
3.Demo and removal of existing surface unless otherwise noted herein
4.Asbestos abatement,if necessary
5.Moving of furniture,unrelated building materials or debris from work site unless otherwise noted herein
6.Acceptance of substrate not within 1/8"in 10'using a 10'straight edge
7.Upon acceptance of bid,this proposal becomes part of the contract
8.Equipment/accessories such as game sleeves and cover plates not included unless otherwise noted above.
9.Pertaining to maintenance estimates:any tape and/or tape adhesive on the floor will result in a$500 minimum cost increase
Estimator: Jason Ganes/jason@mcwilss com/310-701-2245
Estimate Valid For 30 Days
To accept this proposal and proceed with scheduling,sign below and return:
Name
Organization Date
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031022-GER
EXHIBIT B
Sourcewell r
Solicitation Number: RFP #031022
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and Gerflor USA, Inc., 750 Veterans Pkwy., Bolingbrook, IL 60440
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 Athletic Surfaces with Installation, and Related
Equipment, Materials, and Services 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.
Rev. 3/2021 1
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031022-GER
Supplier's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated
into this Contract.
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.
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.
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
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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 that are acceptable to the Participating Entity.
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.
C. HOT LIST PRICING. At any time 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 any time 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.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any
time. 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;
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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.
A fully executed Sourcewell Price and Product Change Request Form will become an
amendment to this Contract and will be incorporated by reference.
5. 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.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use
eligibility requirements and documentation and will encourage potential participating entities
to join Sourcewell. 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 may be 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 or its authorized
subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it
may use its own forms, but the purchase order should clearly note the applicable Sourcewell
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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
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 determined by the Participating Entity making the purchase.
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:
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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);
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 sales of all Equipment, Products, and Services purchased
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by Participating Entities under this Contract during each calendar quarter. 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.
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.
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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.
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 claims or causes of action, including
attorneys' fees incurred by Sourcewell or its Participating Entities, arising out of any act or
omission 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,
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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.
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 suits, claims,judgments, and costs instituted or
recovered against Sourcewell or Participating Entities by any person on account of the use
of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier
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.
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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.
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 Supplier will have 30 calendar days to cure an outstanding issue.
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. 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.
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The party claiming default must provide written notice of the default, with 30 calendar days to
cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated
or other damages. If the default remains after the opportunity for cure, the non-defaulting
party may:
Exercise any remedy provided by law or equity, or
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
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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
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
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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
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.
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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
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.
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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
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 CONTRACT OR 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
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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
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
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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.
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.
O. 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.
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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
Proposal. Cancellation of this Contract does not relieve either party of financial, product, or
service obligations incurred or accrued prior to cancellation.
Sourcewell Gerflor USA, Inc.
DocuSigned by: DocuSigned by:
By: —COFD2A139D06489... By: —91A4 14783B740D...
Jeremy Schwartz Benjamin Bachman
Title: Chief Procurement Officer Title: President & CEO
5/24/2022 I 9:52 PM CDT 5/27/2022 16:31 AM PDT
Date: Date:
Approved:
p DoccuSigned by:
A',,
By:•--7E42B8F817A64CC..
Chad Coauette
Title: Executive Director/CEO
5/27/2022 I 8:53 AM CDT
Date:
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RFP 031022 - Athletic Surfaces with Installation, Related
Equipment, Materials, and Services
Vendor Details
Company Name: Gerflor USA
Does your company conduct
business under any other name?If No
yes,please state:
595 Supreme Drive
Address:
Bensenville, IL 60106
Contact: Joel McCausland
Email:joel.mccausland@gerflor.com
Phone:801-706-6071
Fax: 801-706-6071
HST#: 36-3313608
Submission Details
Created On: Thursday February 03,2022 12:44:45
Submitted On:Thursday March 10,2022 05:16:04
Submitted By:Joel McCausland
Email:joel.mccausland@gerflor.com
Transaction#:ce7d5046-5dc8-4bb1-96ef-b2734d7ff9af
Submitter's IP Address: 174.52.160.16
Bid Number: RFP 031022 Vendor Name: Gerflor USA
Docusign Envelope ID:E9AD046A-B4FD-4171-B948-BC84EB584594
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/A" if the
question does not apply to you (preferably with an explanation).
tenrrei
Question Response*
1 Proposer Legal Name (one legal entity only): Gerflor USA, Inc.
In the event of award, will execute the
resulting contract as "Supplier")
2 Identify all subsidiary entities of the Proposer Gerflor USA, Connor Sport Court International LLC, and Connor Sport Flooring LLC
whose equipment, products, or services are are all wholly owned subsidiaries of G.S.0 Holding, Inc.
included in the Proposal.
3 Identify all applicable assumed names or DBA Gerflor, Gerflor USA, Connor Sports, Sport Court, Connor Sport Court International
names of the Proposer or Proposer's LLC
subsidiaries in Line 1 or Line 2 above.
4 Provide your CAGE code or DUNS number: DUNS# 11 5375503
5 Proposer Physical Address: Gerflor USA
750 Veterans Pkwy
Bolingbrook, IL 60440
6 Proposer website address (or addresses): www.gerflorusa.com
www.connorsports.com
www.sportcourt.com
www.portafloor.com
7 Proposer's Authorized Representative (name, Benjamin Bachman
title, address, email address & phone) (The President & CEO
representative must have authority to sign 750 Veterans Pkwy
the "Proposer's Assurance of Compliance" on Bolingbrook, IL 60440
behalf of the Proposer and, in the event of bbachman@gerflorusa.com
award, will be expected to execute the 630-561-2013
resulting contract):
8 Proposer's primary contact for this proposal Joel McCausland
name, title, address, email address & phone): Director, Sales Support
5455 W. Harold Gatty Drive
Salt Lake City, UT 84116
joel.mccausland@gerflor.com
801-706-6071
9 Proposer's other contacts for this proposal, if None--all requests for information can be routed through Joel McCausland (#8, above)
any (name, title, address, email address &
phone):
Table 2: Company Information and Financial Strength
Line
Item I Question 1Response`
Bid Number: RFP 031022 Vendor Name: Gerflor USA
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10 Provide a brief history of your company,Gerflor USA was established in 1984 and has been continuously operating since
including your company's core values, that time, but some of the subsidiaries involved in this contract have been in
business philosophy, and industry longevity business far longer. Connor Sports, the leading provider of hardwood sports
related to the requested equipment, products surfaces, was established in 1872. Sport Court, the originator of both indoor and
or services. outdoor modular tile for sports use, was established in 1974, and added the
Portafloor-brand products line in the 1990s. Gerflor's Taraflex, the original cushioned
sheet-vinyl sports surface, was invented by our group in 1947.
Our company's core values are an integral element of our daily work lives and
provide guidance to our strategic direction and tactical decisions. We strive to
improve people's lives by providing safe and creative flooring solutions that exceed
their needs and contribute to a better world. We value and practice Teamwork,
Respect & Integrity, Accountability & Commitment, Customer Success, and
Entrepreneurship & Agility.
Although the product offerings of the Gerflor Group are wide and varied across both
Commercial and Sports products, for the purposes of this contract, we bring the
deepest line-up of world-class sports-surfacing solutions of any company in the
world. With over 150,000 successful installations worldwide, we make a legitimate
claim to being the World's Largest CourtbuilderTM.
Our business philosophy is to create innovative, specialized solutions that better
serve the needs of our sports-flooring customers than other alternatives, and to
deliver those solutions with the highest levels of support from our sales, installation,
service and technical teams. In the world of sports flooring, safety and injury
protection are paramount considerations, and the product offerings across all our
brands help us create the safest and highest-performing places to play for our
customers.
Product innovation and continuous improvement are hallmarks of our operation and
industry reputation, and we bring new and better products to market each year, but
the trust and respect we enjoy in our various markets is representative of our long
history of customer care and service, and of the durable, high-quality products we
provide.
11 What are your company's expectations in the We are actively and currently engaged in promoting our involvement in group-
event of an award? purchasing organizations, and believe it helps us deliver the best solutions and
service at fair and honest pricing to our customers. We have grown our activity and
presence in this industry space over the past 10 years, with regular increases YOY
in overall GPO revenues. We anticipate continuing our ongoing promotion and
training of field sales personnel, both our employees and independent agents, and
in aggressively growing the overall percentage of our business in the public sector
through cooperative-purchasing relationships.
12 Demonstrate your financial strength and As a privately held and self-funded enterprise, we are not much involved with SEC
stability with meaningful data. This could filings, credit/bond ratings, or letters of credit. Please find the Financial Summary
include such items as financial statements, and bank Reference Letter in the Upload folder.
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 Although some segments of the indoor and outdoor sports-flooring market are not
solutions that you are proposing? generally measured by trade associations, we do have reliable indicators of our
percentage of market share in various sub-segments. For example, we are a
founding member of the Maple Flooring Manufacturers Association (MFMA) and
share some information about market share among member mills. While that may
not cover every hardwood-floor installation in N. America, the strength of the MFMA
brand means that most high school, higher education, and professional leagues
specify that the maple strip used in sports flooring bears this certification.
Outdoor sports flooring, by contrast, may still include (at least in some minds) non-
resilient surfaces like concrete, asphalt and even hard-court surfacing which installs a
thin layer of paint over a concrete substrate. None of these surfaces come close to
meeting ASTM F2772 standards for sports surfacing, so they are not included in
the market-share assessment here.
In the indoor synthetic space, resilient vinyl and rubber are the most common
materials used, and we provide those through our Taraflex (Gerflor) and Connor
Sports brands. In terms of breadth and depth of product offerings, we are not
aware of any other N. American manufacturer/supplier that can meet customer needs
across all categories.
Please refer to the Market Share document in the Upload folder for more information.
14 What is your Canadian market share for the Please refer to the Market Share document in the Upload folder for more information.
solutions that you are proposing?
15 Has your business ever petitioned for No
bankruptcy protection? If so, explain in detail.
Bid Number: RFP 031022 Vendor Name: Gerflor USA
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16 How is your organization best described: is Gerflor USA and its North American subsidiaries are the manufacturers of all
it a manufacturer, a distributor/dealer/reseller, products included in this proposal. We manage and validate the raw materials
or a service provider? Answer whichever provided by our suppliers and operate in ISO-certificated manufacturing facilities in
question (either a) or b) just below) best the U.S. and Europe, allowing us to confirm that our products meet our highest
applies to your organization. standards of quality, functionality and performance.
a) If your company is best described as Our sales and distribution structure varies slightly from brand to brand, but in each
a distributor/dealer/reseller (or similar entity), case, our sales, management, operations and logistical functions are controlled by
provide your written authorization to act as a our company. We utilize both employees and non-employee agents in our sales
distributor/dealer/reseller for the manufacturer forces, and all sales, installation, technical and service personnel are bound by well-
of the products proposed in this RFP. If established requirements and guidelines, and in operating to our standards of
applicable, is your dealer network customer care. In some cases, these mandates are regulated by contract; in other
independent or company owned? cases, the strength of long-term relationships and shared business commitments
b) If your company is best described as provides the support and reinforcement needed to ensure that our brands are
a manufacturer or service provider, describe represented to our and our customers' satisfaction.
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
party?
17 If applicable, provide a detailed explanation In our industry, most of the relevant certifications and licenses are representative of
outlining the licenses and certifications that our commitment and desire to provide the best products possible for our customer,
are both required to be held, and actually and not mandated by government or industry groups. While most of the following
held, by your organization (including third citations are voluntary, we believe they demonstrate our leadership in our industry,
parties and subcontractors that you use) in and in operating in a manner consistent with our values regarding the environment,
pursuit of the business contemplated by this best business practices, and in a fair and honest manner.
RFP. As a European manufacturer, our Gerflor-brand products are governed by REACH
Registration, Evaluation, Authorization and Restriction of Chemicals), legislation
passed by the European Union to restrict any harmful chemicals that might be used
in the manufacture of construction materials. All Gerflor-brand products, including our
sports surfaces, are 100% REACH-compliant.
We have chosen to certify our factories under the ISO standards, ensuring quality
and repeatability in our operations.
Our products are FloorScore-certified, signifying the lowest levels of VOCs and
ensuring Indoor Air Quality measures that exceed all governmental regulations,
including the California Prop 65 standards.
Our products are tested to ensure appropriate contribution to LEED and other
environmental standards. Our new product development process includes the creation
of a full Lifecycle Analysis, with the publishing of Environmental Product (EPD) and
Health Product Declarations (HPD) where applicable.
Connor Sports is a founding and charter member of the Maple Flooring
Manufacturers Assocation (MFMA), and a member of the Forest Stewardship
Council, which ensure proper management and lumber-harvesting practices, and
contribute to the overall environmental health of our North American forest lands.
At the local level, business- and contractor-licensing requirements vary by state and
locale, but all our independent installation and service partners are required to
obtain and keep current those licenses and certifications. We choose to work with
only those agents and partners whose commitment to customer service and care,
and proper installation and maintenance of our products, aligns with ours.
18 Provide all "Suspension or Debarment" None of our companies/employees has been subject to any suspension or
information that has applied to your disbarment proceeding during the past ten years.
organization during the past ten years.
Bid Number: RFP 031022 Vendor Name: Gerflor USA
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Table 3: Industry Recognition & Marketplace Success
Line
Question Response"Item
19 Describe any relevant industry awards or Our Gerflor brand received the prestigious 2021 Healthcare Design Nightingale
recognition that your company has received Award for new product development of Mipolam Evo, and our Clic engagement
in the past five years system for LVT products won the Red Dot for design excellence.
20 What percentage of your sales are to the Across the four product brands included in this proposal, sales to government
governmental sector in the past three years entities (federal, state, cities & towns, etc.) is approximately 12% of our total
revenues.
21 What percentage of your sales are to the Across the four product brands included in this proposal, sales to educational
education sector in the past three years customers (higher ed, public, private, etc) is approximately 34% of our total
revenues.
22 List any state, provincial, or cooperative In addition to our current contract for Athletic Surfacing with Sourcewell—and as
purchasing contracts that you hold. What is part of our effort to increase our involvement and activity with GPOs and
the annual sales volume for each of these cooperative-purchasing entities—we have recently won contracts with Vizient (leading
contracts over the past three years? healthcare organization, utilizing our commercial-flooring products) and BuyBoard.
We are in our 'first steps' with BuyBoard, with no significant sales to date, but in
our first partial year of operation with Vizient, have seen revenues of approximately
225,000 generated through the relationship since April 2021. We also recently
joined FUZE (commercial flooring cooperative) as an authorized vendor but are still
in the process of getting set up in their system.
We are also a vendor member of Starnet (flooring-industry cooperative) and have
been operating under a Sourcewell contract for athletic surfacing for the past eight
years. Please see the Cooperative Purchasing grid in the Upload folder for more
detail on these cooperative-purchasing relationships.
23 List any GSA contracts or Standing Offers Both Gerflor USA and Connor Sport Court International held GSA contracts several
and Supply Arrangements (SOSA) that you years ago; however, we found less business value in these relationships than with
hold. What is the annual sales volume for Sourcewell and our other cooperative-purchasing contracts. In addition, many of our '
each of these contracts over the past three federal- and other-government customers seem more open to using contracts other
years? than GSA, which can entail an inordinate amount of administrative work to manage.
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
North Carolina State University Jason Spivey 919-271-0830
City of Oklahoma City Greg Little 405-297-2105
James Madison University Ty Phillips 540-568-8810
City of Shoreline WA Daniel Johnson 206-801-2321
Newport News Public Schools Wade Beverly 757-881-5024
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.
Entit Name EntityT e*
State/ Dollar Volume Past Three
y yP Province* Scope of Work Size of Transactions"
Years
One Education Texas-TX School & gymnasium projects 22500 6.7 million
Two Education Florida-FL School & gymnasium projects 25000 2.25 million
Three Education Illinois-IL School & gymnasium projects 37500 1.2 million
Four Govemment California-CA Community centers, recreation 28000 1 million
centers
Five Govemment Kansas-KS Community Centers 40500 900,000
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
Bid Number: RFP 031022 Vendor Name: Gerflor USA
Docusign Envelope ID:E9AD046A-B4FD-4171-B948-BC84EB584594
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.
Li
Question Response*
26 Sales force. Gerflor USA (and its subsidiaries in North America) are fortunate to have a large
and experienced team, comprised of both employees and independent agents, that
sell, install and service the products from our three sports-products brands. Across
the board, the average tenure of our independent dealers is approximately 20 years
of work with our business and products. Each brand has personnel living in virtually
every state, province and territory, or if not physically located, positioned and actively
doing business in every market.
Our employee technical and sales teams provide regular, ongoing support and
training, ensuring that even our less-experienced partners have the answers and
information they need at their fingertips to resolve customer questions or concerns, or
to address any potential issues that might arise in the installation or service of our
products.
It might be important to note that our three sales networks operate generally
independently of each other. Each has its own sales leadership team, and there is
little overlap between the network groups, which is to say that only a handful of
dealers from one brand also represent any of the other brands. We see more
integration each year, but it still represents a small fraction of the total numbers; in
fact, these sales teams compete with each other for projects at times, presenting
their best options to the customer and allowing them to make their own choices. We
see this as healthy competition, and within the context of the Sourcewell contract, an
element that better serves the Sourcewell member companies, because for most
projects, they can get proposals from more than one of our dealers, which will
provide some measure of reassurance that they are getting comparable value and
competitive pricing.
Each of our field agents has both sales and installation/technical personnel, and
those teams are supported and supplemented by the sales directors and managers
who are our employees who manage, set direction and strategy for, and oversee the
work of the entire field force. Although these numbers can be seasonal and
somewhat fluid, the table below provides an estimate of the total personnel involved
across our brands in selling, installing and maintaining our product lines in North
America.
See Sales and Service Network Table in Upload folder
27 Dealer network or other distribution The Gerflor-brand sales and distribution network is roughly 50% employee Territory
methods. Sales Managers (TSM) and 50% independent Sales Agents. In addition, a team of
specialized Sports Partners represent the Taraflex and Recreation brands in major
markets, supplementing the efforts of the broader sales team.
In our Sport Court and Connor businesses, the team is comprised primarily of non-
employee Agents, who sell, install and service our products in their markets,
structured to provide immediate and responsive coverage to customers wherever they
reside within those markets. This team, most of whom we have worked with for over
20 years (and in some cases exceeding 40 years or more), is a capable,
experienced and seasoned group that represent our brands with integrity and care.
With each of the three brands, our Sales Leadership teams, comprised of segment
and sales directors and regional territory managers, oversee the health and efficiency
of the entire operation within these broader geographies, and provide additional
resources and back-up for the field-based teams. While there is some overlap
among the membership of each brands sales and service team, for the most part
they operate independently of one another, which provides even greater coverage
geographically and in terms of the resources available at any given time and place.
Collectively, when considering our sales, sales management, technical/service, and
customer-care employees, there are well over 100 people who can be called upon to
support any situation with any brand in any market around the United States and
Canada, in many cases without even requiring out-of-area travel to get the right
resources where they are needed.
With the Gerflor-brand network, our agents and TSMs partner with a trusted group of
installers in each market, providing training and support, and requiring the highest
standards of competence and expertise. Over the past two years, we have made an
extra focus with this group to ensure that the flooring contractors we partner with are
well-educated in the reporting and pricing requirements of our current contracts. In the
case of the Sport Court and Connor networks, the independent companies we work
with provide a complete turnkey for the customer experience, from sales to
installation to maintenance and any warranty or service work that may be required.
See Sales & Service Network Table in Upload folder for more detail.
Bid Number: RFP 031022 Vendor Name: Gerflor USA
Docusign Envelope ID:E9AD046A-B4FD-4171-B948-BC84EB584594
28 Service force. While this has been addressed somewhat in Questions 26 and 27, above, it may be
helpful to provide additional detail on our Technical and Field Services team. Each
brand (Connor, Sport Court and Gerflor) has its own dedicated personnel who
specialize in the products offered by that brand, and several members of the team
have cross-over experience and expertise, as well, to assist as needed with any
situations that may arise in their area. Our commitment is to solve service questions
as they arise with the best resources available in the marketplace—between our
independent teams and our in-house specialists, we deal with service issues quickly
and responsively.
See Sales & Service Network Table in Upload folder for more detail.
29 Describe the ordering process. If orders Efficiently processing and fulfilling customer orders is the lifeblood of our sales
will be handled by distributors, dealers or organizations. While each brand handles the details of order fulfillment slightly
others, explain the respective roles of the differently, each of them has simplified and streamlined the process to make it as
Proposer and others. customer-facing as possible.
One great advantage is that of familiarity and repeatability. Rather than trying to
manage an almost-infinite number of end-user customers, the vast majority of
customer orders are placed through existing and long-standing dealer/partner
accounts. While those still number in the hundreds, they are a known quantity to us,
with a reliable history of knowledge of our products and processes, and with a track
record that enables us to do the business of each order quickly and responsively,
with little delay or administrative work.
Each of the brands is also served by a separate team of Customer Care
professionals, who know who they are dealing with, what their history has been, and
what they need from us to operate effectively—all of which further expedites the day-
to-day functions of receiving, fulfilling and billing of orders. Orders may be placed
online, through e-mail or established dealer portals, and are immediately received
and processed as quickly as the workload allows, generally within a business day.
To summarize, in most cases we are selling to a known and trusted partner, who
then handles sales, installation and service with the end-user with our help and
support. This helps to ensure a consistent and satisfactory experience both for our
partners and for the end-users they serve.
30 Describe in detail the process and As noted in Question 29, above, Customer Care is a full commitment with all our
procedure of your customer service brands, further strengthened by the long-standing, mutually beneficial relationships
program, if applicable. Include your developed over the past decades with many of our agents and dealers. Our
response-time capabilities and Customer Service personnel know who is calling and what they need, and in many
commitments, as well as any incentives cases can not only meet but anticipate how best to manage those needs. Most
that help your providers meet your stated orders are placed within a business day, and delivered from existing inventory within
service goals or promises. the established lead times for each product and brand.
We rely on the expertise of our independent field partners to coordinate timely,
successful installations, and do all we can to expedite the materials, products and
assistance they need to ensure a fully satisfactory customer experience. Most
challenges and potential problems are dealt with effectively and quickly by this field
team, and our regional managers, technical personnel and leadership provide back-up
and additional resources for the rare, more complicated issues that may arise.
31 Describe your ability and willingness to Because we have sales, service and installation partners actively operating in every
provide your products and services to state and territory, we are able to provide the full range of our product line to each
Sourcewell participating entities in the market, to any and all Sourcewell members within the market. Our pricing structure
United States. provides consideration for the size of the project and location (and varying labor and
other costs) of each geographical/market location, but the product and service
offering is the same, whether the customer is in New York City or Omaha.
32 Describe your ability and willingness to Similar to the United States, we are fully staffed in the Canadian provinces, with
provide your products and services to experienced dealers and partners in place in each major market, and with the same '
Sourcewell participating entities in Canada. depth of product and service offering available to all Sourcewell/Canoe members.
33 Identify any geographic areas of the United We are prepared to provide the same level of service to customers anywhere in the
States or Canada that you will NOT be U.S. or Canada, with the same offering of products and pricing.
fully serving through the proposed contract.
34 Identify any Sourcewell participating entity We have no limitations on our ability to fully serve all of the entity sectors
sectors (i.e., government, education, not-for- represented by Sourcewell members. While we have other cooperative-purchasing
profit) that you will NOT be fully serving contracts for some of our market segments and products, none of them will infringe
through the proposed contract. Explain in on our ability to fully engage in this contact with Sourcewell and provide service to
detail. For example, does your company its members.
have only a regional presence, or do other
cooperative purchasing contracts limit your
ability to promote another contract?
35 Define any specific contract requirements We have partners and representatives physically located in Hawaii for all three
or restrictions that would apply to our brands, in Alaska for the Gerflor brand, in addition to dedicated reps assigned to
participating entities in Hawaii and Alaska manage our business opportunities in the other U.S. and Canadian provinces and `
and in US Territories. territories. We don't anticipate any restrictions on our ability to fully serve Sourcewell
members in these locations.
Bid Number: RFP 031022 Vendor Name: Gerflor USA
Docusign Envelope ID:E9AD046A-B4FD-4171-B948-BC84EB584594
Table 7: Marketing Plan
Line
Question Response*
Item
36 Describe your marketing strategy for We actively promote our group-purchasing contracts with each brand and market segment
promoting this contract opportunity. that applies to our business. At each of our national and regional sales meetings, and for
Upload representative samples of your each of our brands, we include an update/training session on our Sourcewell contract and
marketing materials (if applicable) in the best ways our sales personnel can leverage its advantages. Our Training Department
the document upload section of your also promotes the Sourcewell-sponsored events, and conducts several additional training
response. webinars throughout the year to continually educate the group and introduce the contract to *
new members of the team.
We use Sourcewell's customizable marketing materials to allow each of our dealers and
agents to promote the contract with their customers, and to establish themselves as the
local contact and authorized representative to conduct business under the contract. See
sample of marketing flyer provided by Sourcewell in Upload folder.
37 Describe your use of technology and We have found excellent success and response in using social media platforms like
digital data (e.g., social media, Linkedln, Facebook and Instagram as a tool that our sales teams can use in featuring
metadata usage) to enhance unique and interesting projects and introducing new product lines to our customers. While
marketing effectiveness. not all of the projects are Sourcewell-originated, we have developed over 500 Featured
Project Stories across the three brands over the past four years, and those stories are
available as tools to promote both the good work our company does (increasing our
presence and credibility), and in some cases, the connection to and advantages of
working these projects through the contract.
In addition, our websites provide regular updates and valuable information in educating the
public-sector markets on the availability and applicability of our products for their projects.
This has been particularly helpful with innovative but less well-known products like the
safety and performance surfacing available through our Sport Court brand. Many customers
in that space are so accustomed to asphalt and concrete courts outdoors that they can
be surprised to find that there are superior and safer solutions available. We have been
actively promoting that aspect of our work as a specific targeted business objective over
the past two years.
With the business changes we've all experienced as a result of the pandemic, we see an
increased reliance in all businesses and market segments on digital promotions and
technology to share our story, both about our business and products, and about how
contracts like Sourcewell can streamline and expedite work for our public-sector customers.
38 In your view, what is Sourcewell's role We appreciate all the support we get from Sourcewell's staff, in promoting our business
in promoting contracts arising out of through the website and in the new marketplace and hope to see an increasing presence
this RFP? How will you integrate a there. We welcome and support the training events sponsored by Sourcewell around the
Sourcewell-awarded contract into your country, and continue to encourage both our sales-team employees and independent
sales process? agents to participate.
Our goal—which we've achieved to some extent with all our brands—is for our
salespeople to have the Sourcewell contract 'in their front pocket' in every engagement
with a public-sector client, and our internal training will continue with that aim in mind. A
sizeable percentage of our Connor sales team, and a slightly lesser portion of the Sport
Court and Gerflor teams, have already adopted this mindset, and continuing to train
against this objective is a key priority this year, as it has been over the past 12 — 24
months.
In addition, as trade shows and other industry events continue to rebound following the
pandemic, we intend to increase awareness of our contract there, and by use of the
Sourcewell logo on our and our field partners' websites and social channels.
39 Are your products or services Because virtually all our products are used in the setting of a construction project, with
available through an e-procurement any number of site conditions and customer preferences driving the custom design and
ordering process? If so, describe your build, we have not found an effective way to offer a 'package' online. Our field partners
e-procurement system and how create unique designs, sizes and product mixes for virtually every project, and we consider
governmental and educational that to be a significant differentiating advantage in our business, so we don't anticipate
customers have used it. doing much to make it more generic and commoditized. We are Courtbuilders, and that
term signifies both the quality products we manufacture and distribute, but equally
important, the ability to create a custom installation for each customer that reflects their
needs and preferences.
We will continue to look for ways to leverage the expanding technology of our digital
world, and to the extent possible, we anticipate creating a larger presence in at least the
promotional side of the e-procurement world, but at the end of the day, we don't want to
lose the unique strength of having built over 150,000 custom courts around the world, for
customers with a wide range of needs.
Table 8: Value-Added Attributes
Item
ine
Question 1Response*
Bid Number: RFP 031022 Vendor Name: Gerflor USA
Docusign Envelope ID:E9AD046A-B4FD-4171-B948-BC84E6584594
40 Describe any product, equipment, Gerflor USA provides frequent, in-depth training to all reps, employees and associates on
maintenance, or operator training product knowledge, proper installation and maintenance, best business practices, and a
programs that you offer to variety of other topics as needed. We consider all members of our team, employees or not,
Sourcewell participating entities. full partners in our efforts to promote and sell our products and deliver satisfaction to all our
Include details, such as whether customers, and no charge is ever assessed to them for the training we provide.
training is standard or optional, Our TechnoCenter in the Chicago suburbs is focused primarily on the proper installation and
who provides training, and any maintenance of the sheet vinyl (Gerflor-brand) line of sports products. In the interests of
costs that apply. raising the level of all players in that segment, we train not only our own installers, but also
installers who primarily install competitive products.
We're fortunate to have in the Sport Court and Connor businesses installation experts in our
hardwood and modular sports surfacing who do extensive, ongoing training for their teams,
and are also willing to share their expertise and experience in solving in-field challenges
with other members of the team. At each of our annual sales meetings, for example,
members of the Sport Court network share best practices, participate in and lead
installation trainings, and otherwise share freely their skills and knowledge with others in the
group.
Gerflor Group also has a Central office that takes the lead in developing and making
available e-learning modules that can be accessed by both our employees and independent
agents, to ensure they have the latest information on the features and benefits of new
products, technological advancements that differentiate our products and provide superior
solutions, and clear guidance on maintenance and resolution of in-field issues that may
arise.
We also conduct Sourcewell member-facing trainings, primarily but not exclusively through
AIA and to the A&D community, that educates participants on our products and services.
We are adding a new CEU course on the advantages of cooperative purchasing, that will
also be offered to public-sector customers in general, and more particularly, to Sourcewell
members in the parks and recreation, community/government, and educational sectors by
June 2022. We anticipate that this continuing-education course will increase awareness and
acceptance of cooperative purchasing in general, and of the Sourcewell opportunity in
particular.
41 Describe any technological The Gerflor Group and its subsidiaries have a long reputation as innovators in their
advances that your proposed industries, and our product line-up reflects that commitment to continuous improvement, and
products or services offer. new and better solutions to common challenges faced by our customers. This commitment
has long been part of our corporate DNA, and in fact, we are often differentiated in the
marketplace not by the size of our company or the huge numbers of individual SKUs we
offer, but by the specialized and targeted solutions and technical advantages we offer.
As an example, our Taraflex cushioned vinyl sports surfacing is 'the original'; prior to its
launch in 1947, no other manufacturer had ever created a sheet vinyl product suitable for
sports. Today, that line includes a variety of options that allow the athletic flooring to be
customized for practice vs. competition spaces, level of play, size and age of athletes, and
a number of other factors.
Similarly, prior to the advent of Sport Court's modular surfaces in 1974, no company had
ever used a modular surface outdoors to create safer, high-performance courts and play
areas. Through innovations in traction, shock absorption, lateral 'give' and lock engagement,
the current line-up of Sport Court products delivers the only category of outdoor surfacing
with the durability, aesthetics, performance and safety required to refer to it as a true sports
surface.
Connor Sports is the pre-eminent provider of hardwood courts for basketball and other
sports, and has been for the past decade or so the Official Floor of the Final Four, and
the provider of all courts for the NCAA's March Madness for both men's and women's
basketball. No other flooring provider has as many solutions for sub-floor construction and
components, which is the key defining element of any hardwood performance floor. Sport
Court and Taraflex have been chosen as 'official floors' of the Olympics, FIVB, the NCAA
and USA Volleyball, as well, for the past 25 years.
While our selection by these leaders in sport are a result of our commitment and customer
care, we have also committed extensive resources to developing the technical solutions that
these evolving sports require. As athletes have become more and more capable and high
performing, our flooring solutions have had to evolve as well, to continue to meet their
needs. We're proud of our status and reputation as the best courtbuilders in the world.
Bid Number: RFP 031022 Vendor Name: Gerflor USA
Docusign Envelope ID:E9AD046A-B4FD-4171-B948-BC84EB584594
42 Describe any "green" initiatives The Gerflor Group is committed to manufacturing and delivering products that contribute to
that relate to your company or to human and environmental health, and pose no threats or harm to either. Each brand and
your products or services, and product line aligns with the 'green-building' and eco-friendly product assessment
include a list of the certifying organizations that best align with their mission and markets, but the commitment to these
agency for each. values is strongly present and constantly referenced in our business decisions and direction.
Some examples of our commitments to being a responsible 'citizen of the planet' include:
100% compliance with the REACH standard of construction materials manufactured in
Europe.
Founder/charter membership in the Maple Flooring Manufacturer's Association and the
Forest Stewardship Council, both of which are engaged in the responsible management and
preservation of North American forest lands.
Incorporation of recycled materials into our products wherever possible, and to the
extent allowed by our quality and performance standards for each product, with YOY targets *
for increasing those percentages across the product lines.
Declare label certification for applicable product lines in the Gerflor commercial brand.
FloorScore certification for all Gerflor-brand products, signifying the lowest VOC ratings
in the industry, and exceeding California Prop 65 air-quality requirements by a factor of
10 — 100 times.
Creation of HPD and EPD documentation, and definition of LEED contributions our
products make to projects seeking certifications under that standard
Energy reduction measures at all factories and distribution centers that will result in net-
zero carbon emissions over the next 20 years. In addition, re-design of product facilities
and processes have already significantly reduced emissions, and energy and water use.
Numerous other 'green certifications' around the globe, as defined by government and
other agencies in those countries.
43 Identify any third-party issued eco- (See details in Question 42, above, but specifically to include REACH, FloorScore, Declare,
labels, ratings or certifications that LEED, HPD Collaborative, UL Spot, mindfulMATERIALS, third-party certified HPDs, EPDs,
your company has received for and Lifecycle Analyses as a required element of new product development.)
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 As a manufacturer based in Europe, our company does not meet the criteria for these
Business Entity (WMBE), Small certifications. Among our employees here in the United States, we have about a dozen
Business Entity (SBE), or veteran veterans of the U.S. or French military.
owned business certifications that With several hundred field partners with whom we do business—and due to some
your company or hub partners reluctance on the part of some to be 'gathered' in this way—we do not have a
have obtained. Upload comprehensive list of which of our business partners are in each of these categories.
documentation of certification (as However, a recent informal survey of our sales and installation network reveals that as much
applicable) in the document as 15% of the roughly 300 companies we work with meet the criteria for one or more of
upload section of your response. these designations. We have some Women-, Veteran- and Minority-Owned businesses in all
three of our product brands, and more still qualify as Small Business Entities.
45 What unique attributes does your Perhaps the best measure of our unique attributes can be found in the number of 'raving
company, your products, or your fans' our products and people attract. Flooring, like most construction products, can be a
services offer to Sourcewell world of 'me-too' and commodities, but our customers generally do not see us in that way.
participating entities? What makes Our Gerflor/Taraflex, Sport Court and Connor products are recognized and acknowledged
your proposed solutions unique in (even by competitors) as the 'gold standard' against which any other products will be
your industry as it applies to measured. Sport Court has for so long been seen as the premier modular surfacing that
Sourcewell participating entities? our brand name has been in danger of becoming generic—in other words, people often
refer to any modular surface as a 'sport court' because we are the only brand as widely
recognized.
Connor hardwood floors represent the highest level of innovation and product development,
with more DIN-certified sub-floors than any other manufacturer. And as has been noted, the
Taraflex brand of cushioned vinyl sports surfacing was not only first to market, but first to
virtually every significant performance innovation since, from our high-moisture installation
solutions, to the 'no-skin-burn' features that have made this flooring so popular with the
volleyball community.
As much as any of our product and company attributes, our seasoned, committed and
expert field sales and installation team are true partners that represent our brands as if they
own them. The professionalism they exhibit, and the long-term, trusted relationships they
have developed over many years in the field are evidence of a unique overall 'product
offering' that our company enjoys in its various markets.
The best measure of our uniqueness might be found in the common refrain from customers
and prospects in our markets, confirming that if they need a solution to such-and-such
problem, Gerflor products are often the only available option that address all their concerns
at a fair-market price.
Bid Number: RFP 031022 Vendor Name: Gerflor USA
Docusign Envelope ID:E9AD046A-134FD-4171-B948-BC84EB584594
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 Our product warranties cover manufacturing defects for a variable period of
labor? time, depending on the brand/product line, ranging from 10 — 15 years from
time of installation. Although our products are known for their durability and
performance under a variety of conditions, there are times when defects
arise that need to be redressed. When a product is found to be defective,
our warranties generally provide the option to 'repair or replace' and that
work is done at our expense.
47 Do your warranties impose usage restrictions or There are some practical limitations that we would apply to most of our
other limitations that adversely affect coverage? product lines, most of which have to do with approved/appropriate usage of
the product, loads they may be subjected to without damage, etc. Flooring
products typically wear over time, and as with most products exposed to
long-term traffic and loads, they carry a definable lifespan under the
conditions.
Our warranties generally assume a depreciating value over time, based on
the wear and tear they experience, and our policies for replacement or
repair reflect that value over the product's lifespan.
48 Do your warranties cover the expense of When products found to be defective require onsite inspection or repair
technicians' travel time and mileage to perform work, we cover the cost of labor, time and travel (whether employee or our *
warranty repairs? field partners) involved with making those visits to rectify the problem.
49 Are there any geographic regions of the United No. We provide full coverage for all our service and sales areas listed in
States or Canada (as applicable) for which you this proposal; specifically to include the United States and its territories, and
cannot provide a certified technician to perform all Canadian provinces and territories. If an appropriate, qualified field
warranty repairs? How will Sourcewell partner is not located convenient to the project, we will provide an employee
participating entities in these regions be provided technician to address any warranty claims or product problems.
service for warranty repair?
50 Will you cover warranty service for items made by We warranty all Gerflor-made and distributed products, which is inclusive of
other manufacturers that are part of your proposal, all the products listed in this proposal. For products we offer that are made
or are these warranties issues typically passed on for us by other suppliers, we partner with those suppliers to ensure that our
to the original equipment manufacturer? customers have a seamless and satisfactory experience with any products
that prove defective.
51 What are your proposed exchange and return Products ordered may be returned with some exceptions. Accessories such
programs and policies?as adhesives, weld rods, paint, primer are non-returnable once the goods
have left our warehouse. Non-stocked items or special orders are also
considered 'final sales' and are non-returnable. Stocking products may be
returned with a return authorization number from the company, and a 30% re-
stocking fee will generally apply. Customer is responsible for return freight.
52 Describe any service contract options for the Gerflor (and its subsidiaries') products are generally intended to be able to
items included in your proposal. be easily maintained by the facility/customer's personnel, and are further
designed and manufactured with durability and long service life in mind.
Additionally, the work of installation is typically done by our field partners, <
and in the rare case that a customer wishes to enter into a service
contract, it is done with the field partner, who would set their own
parameters for the agreement. Gerflor's Technical and Warranty Team stands
behind all products if a question of product defect arises.
Bid Number: RFP 031022 Vendor Name: Gerflor USA
Docusign Envelope ID:E9AD046A-B4FD-417143948-BC84EB584594
Table 10: Payment Terms and Financing Options
Line
Item Question Response*
53 Describe your payment terms and accepted payment Our standard terms for payment are 30 days, although for
methods.extraordinary projects, we are able to sometimes extend terms as
needed. Customers can pay via check, electronic funds transfer, or
ACH/wire transfer. Customers may use established website portals
for payment of pending invoices, as well.
54 Describe any leasing or financing options available for use We generally do not lease products or finance purchases; however,
by educational or governmental entities. we have established relationships with reputable lending institutions
who can offer financing assistance with our customers as needed,
including Sourcewell's leasing partner, with whom we have worked
on a few projects in the past.
We also partner with trusted dealers on extraordinary projects from
time to time, to ensure that projects can proceed without
interruption, and to help our network manage these unusual cash-
flow requirements.
55 Describe any standard transaction documents that you Over the past several years, we have developed registration and
propose to use in connection with an awarded contract tracking documents that help us ensure that we are complaint with
order forms, terms and conditions, service level our group-purchasing obligations, and that all required reports can
agreements, etc.). Upload a sample of each (as be gathered and organized in a timely manner, according to the
applicable) in the document upload section of your requirements of each contract.
response. As an example, the Project Registration Form helps us capture all
the required information for a project pursued under the Sourcewell
contract and provides a record that helps us track project details
and timelines. See Upload folder for a copy of our Project
Registration Form.
We train our field partners to follow the requirements of the
Sourcewell agreement in the formatting of their proposals and
invoices, to reflect our Vendor # and the customer's Member #, and
to ensure that all requirements for pricing and other criteria are
followed. Each project is registered and reviewed to ensure timely
and accurate reporting on the Quarterly Sales Reports submitted to
Sourcewell.
56 Do you accept the P-card procurement and payment Yes, at no additional cost.
process? If so, is there any additional cost to Sourcewell
participating entities for using this process?
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* I
Bid Number: RFP 031022 Vendor Name: Gerflor USA
Docusign Envelope ID:E9AD046A-B4FD-4171-B948-BC84EB584594
57 Describe your pricing model (e.g., line-item discounts or With three different business units, separate sales-management
product-category discounts). Provide detailed pricing data teams, and the frequency of situations where our field sales force
including standard or list pricing and the Sourcewell competes not only with others in the market, but with each other,
discounted price) on all of the items that you want our pricing models do not all follow the same pattern.
Sourcewell to consider as part of your RFP response. If First, as the manufacturer and distributor of the products included in
applicable, provide a SKU for each item in your proposal. this proposal, we do not generally set a retail or List Price for our
Upload your pricing materials (if applicable) in the products, particularly in the fully installed, turnkey pricing model we
document upload section of your response. propose here. Each market and each brand defines their own List
Pricing (or not, as the case may be) in line with the competitive
marketplaces in which they do business and the market segments
they pursue.
Our Product and Pricing Grid, which is found in the Upload folder,
lists all products offered under this proposal by all our brands
Connor Sports, Gerflor/Taraflex, Sport Court and Portafloor). In most
cases—and particularly where the products are installed by our field
partners—we organize the price ceilings to reflect labor and
transportation costs in the market, as well as the economies of
scale that might be achieved on larger projects.
All of our dealers are familiar with—and daily participating in—highly
competitive marketplaces where much of the business is done
through project-by-project open bids. The result is that even where a
retail or List Price hasn't been published, most of our public-agency
customers are keenly aware of what a competitive price looks like,
and our dealers recognize the importance of providing pricing that
aligns with those expectations. As a result, even where we have
established not-to-exceed pricing for their projects and products, the
majority of their proposals rarely come within 15% of that ceiling.
58 Quantify the pricing discount represented by the pricing Although our pricing is not published with a standard discount, the
proposal in this response. For example, if the pricing in pricing in our proposal reflects an average discount of 5 — 15%
your response represents a percentage discount from below what a public agency might be charged for the work outside
MSRP or list, state the percentage or percentage range. of this contract. For each brand, the discount is less for those
products that represent unique or proprietary solutions. For items
that are more of a commodity, or equal to most other products
generally available in the marketplace, there are greater discounts
applied to the pricing.
As an example, the Gerflor brand has developed moisture-mitigation
products and procedures for 'wet slabs'; concrete substrates with *
vapor emissions higher than allowed for products to be adhered to
them. These are not 'me-too' solutions, but rather unique innovations
that allow the flooring to be securely placed sooner, and with
virtually no risk for future adhesion issues, than anything else on the
market. Our pricing for those innovations represents a lower
discount, because the solutions are superior to anything else on the
market, and unavailable through other channels. They save our
customers time and money, making it possible for projects to be
completed more quickly and at lower overall cost.
59 Describe any quantity or volume discounts or rebate Most of the products included in our proposal include variable
programs that you offer. pricing based on the region of the country AND on the size of the
project. Understanding that a larger project may create some
economies of scale, we're able to discount the pricing on a square-
foot basis to some extent where the scope of the project is on a
larger scale.
60 Propose a method of facilitating "sourced" products or Although nearly all of our projects use exclusively those products
related services, which may be referred to as "open and services established on our contract, a small percentage
market" items or "nonstandard options". For example, you require the acquisition of other products and services from
may supply such items "at cost" or "at cost plus a the 'open market' to satisfactorily meet customer needs. Based on
percentage," or you may supply a quote for each such our experience—and on the fact that these open-sourced items are
request. relatively rarely requested, we would prefer to offer these items,
when requested, with a quote for each such request.
61 Identify any element of the total cost of acquisition that is There are no other regular or significant costs for a typical project
NOT included in the pricing submitted with your response. not covered by our established product and price schedule,
This includes all additional charges associated with a including the specific examples listed above. We do not charge
purchase that are not directly identified as freight or additional fees for these types of project elements.
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.
Bid Number: RFP 031022 Vendor Name: Gerflor USA
Docusign Envelope ID:E9AD046A-B4FD-4171-B948-BC84EB584594
62 If freight, delivery, or shipping is an additional cost to the Shipping and logistics issues have been a hot button over the past
Sourcewell participating entity, describe in detail the 12 — 18 months, with unprecedented and unpredictable increases
complete freight, shipping, and delivery program. occurring on a regular basis. Our proposed pricing is intended to
include standard shipping costs. We have instituted some temporary
freight surcharges for certain products across our brands over the
past several months, but our field partners are generally just
considering them (not citing them as additional costs) in the
creation of their pricing proposals to the end user.
We find that most customers in our markets are aware of the
unusual logistics landscape and pressures we're all facing at this
time and we are collaborating with our field team to effectively
manage those costs within the constraints of the contract.
63 Specifically describe freight, shipping, and delivery terms or We don't anticipate the need to handle freight and shipping issues
programs available for Alaska, Hawaii, Canada, or any any differently with our customers in Canada, Hawaii and Alaska
offshore delivery. any differently than is described above. Offshore deliveries outside
of North America may require some consideration, but as a global
manufacturer and distributor, most of our products are available from
distribution points outside the United States, as well.
64 Describe any unique distribution and/or delivery methods or Because flooring is generally bulky and relatively heavy, most of our
options offered in your proposal.shipments are handled through LTL or private carriers, although we
also utilize such common freight carriers as UPS, FedEx and others
as needed, and for smaller shipments and packages.
Table 12: Pricing Offered
Line
Item
The Pricing Offered in this Proposal is:* Comments
65 d.other than what the Proposer typically offers(please describe). With our other GPO and
public-agency arrangements
primarily with the Gerflor
brand), we generally sell in
a 'product-only' mode, not in
partnership with our field
teams to provide turnkey, fully
installed pricing for their
projects. Most of the
variability in costs under this
structure—and therefore in the
pricing we are proposing here
is a result of widely
different costs for labor,
freight and other elements of
a project, depending on
where it is located.
It is generally true that, in
practice, our Sourcewell
customers get favorable
pricing when compared to the
pricing offered to other GPO
or public-agency customers
by our field partners;
however, we don't have a
comprehensive comparison,
primarily due to lack of data
on transactions other than
those under our agreement
with Sourcewell.
Table 13: Audit and Administrative Fee
Line
Question Response
Item
Bid Number: RFP 031022 Vendor Name: Gerflor USA
Docusign Envelope ID:E9AD046A-B4FD-4171-B948-13C84EB584594
66 Specifically describe any self-audit process or program that you We have a well-defined program to ensure that we are
plan to employ to verify compliance with your proposed Contract complete and accurate in tracking and reporting projects
with Sourcewell. This process includes ensuring that Sourcewell under the Sourcewell contract, with layers of support from our
participating entities obtain the proper pricing, that the Vendor sales and service networks, the regional managers that
reports all sales under the Contract each quarter, and that the support each brand, and our administrative practices to
Vendor remits the proper administrative fee to Sourcewell. Provide capture projects early on in the process, and then follow and
sufficient detail to support your ability to report quarterly sales to report on each as they are completed.
Sourcewell as described in the Contract template. The first level involves ongoing training for sales and
leadership teams, on a regular basis in annual sales
meetings, regional meetings, and in scheduled training
sessions. We have created tracking forms, FAQ and
summary documents, and a flyer for our end-customers that
all explain various aspects of the Sourcewell relationship and
what our obligations and requirements are for compliance.
These are available through our file-sharing systems, and
when requested. Additionally, our program administrator is
available to answer specific questions and provide
documentation and other information as needed for
Sourcewell members who want to use the contract but may
have concerns about its applicability in their area. These
kinds of interactions occur almost daily, across our brands
and sales channels, and provide timely help for anyone with
questions about process, pricing, or reporting.
The next level is established to ensure that we are compliant
in our registration, tracking and reporting functions. When a
project is being considered for a Sourcewell track, either the
contractor working directly with the Sourcewell member, or
occasionally, the sales manager overseeing that territory and
brand, fill out a Project Registration Form that provides all
the information required for us to properly track the project
through its completion. When that form is received, the
project is entered into the Project Registry, and key dates,
quantities, codes and expected invoice amounts are noted.
At the end of each quarter, worksheets are sent to the
responsible party for each project expected to have been
completed during the previous quarter, and all projects for
which an expected completion date has not bee registered.
The dealer/rep is then required to report on the project
status, total amount invoiced, and other information required
for our quarterly reporting.
Finally, once that information is confirmed, the quarterly report
is prepared and submitted, along with the check for the
combined, collected administrative fees associated with each
project that was completed in the previous quarter.
We have also trained our Customer Service and sales
teams to be on the lookout—and to indicate in our order-
processing system, any projects where an interest or intent
in pursuing the project through the Sourcewell contract has
been expressed. The program administrator also talks with
several salespeople each week who have questions
regarding the contract, and particularly about specific projects
that might be looking to use the contract, and those
conversations are noted so that they can be followed up on
when the next quarterly reporting period arrives.
We also work with our dealers and reps to ensure that even
in those rare cases where they have forgotten a specific
requirement, or failed to properly register a project early on
in the process, that we can adjust to ensure that they are
still able to register the project and provide the required
administrative fees. When those situations have arisen, we
also use them as an opportunity for education and reminder
of the shared responsibilities we all have with regard to the
contract.
See the Upload folder for sample documents used in this
process.
Bid Number: RFP 031022 Vendor Name: Gerflor USA
Docusign Envelope ID:E9AD046A-B4FD-4171-B948-BC84EB584594
67 If you are awarded a contract, provide a few examples of internal We track quarterly and YOY performance under the contract,
metrics that will be tracked to measure whether you are having measuring total projects registered, total projects won, and
success with the contract. total invoice and administrative fee values. One of our
brands, Connor Sports, has the longest and most-successful
experience with our contract, and we use their successes—
and the examples of the dealers for that brand that most
effectively utilize the contract—to demonstrate to and teach
others about the best ways to leverage the relationship.
While the total amount of business conducted under the
contract varies by quarter, year and economic conditions, we
have been pleased to see a continuous pattern of growth in
the totals, and in the level of activity by more dealers and
reps across all three of our brands. We feel like we've
reached a sort of critical mass in the number of our dealers
who actively present the contract as part of their sales
engagement process in the Connor brand, and we are
actively training and working with the other networks to
continue to grow awareness and activity, as well.
68 Identify a proposed administrative fee that you will pay to We propose a 2% administrative fee for this contract.
Sourcewell for facilitating, managing, and promoting the Sourcewell
Contract in the event that you are awarded a Contract. This 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 propose to include all of our sports and activity flooring across all four brands
equipment, products, and services that you (Sport Court, Connor, Gerflor and Portafloor) and the accessories associated with
are offering in your proposal. those products. All products will be fully installed, serviced and supported in every
N. American market, through our experienced and capable teams of independent
field partners.
Specifically, this will include:
Our Recreation, Taraflex and Attraction lines from the Gerflor brand, and all
required accessories for installation.
All Connor hardwood sub-floor systems and accessories, and the MFMA-
approved northern hardrock maple strip of all grades. Elastiplus, our poured
urethane flooring system, will also be included, as will our hardwood portable
flooring systems.
All Sport Court products designed for commercial use, including both indoor
gymnasium flooring and outdoor safety and performance surfaces, commercial-grade
hoops, lights, and a variety of other accessories necessary to build courts in the
outdoor space.
All Portafloor products, which can be used for event or temporary flooring, or
as a substitute for concrete and other substrates underneath a performance athletic
surface.
70 Within this RFP category there may be See above, Question 69, for the details of product lines and brands we propose to
subcategories of solutions. List subcategory include in our offering. As a description of sub-categories, we'd suggest the following:
titles that best describe your products and • Hardwood athletic flooring
services. Modular athletic flooring
Urethane athletic flooring
Resilient cushioned vinyl athletic flooring
Outdoor court accessories
Portable, temporary and event flooring
Bid Number: RFP 031022 Vendor Name: Gerflor USA
Docusign Envelope ID:E9AD046A-B4FD-4171-B948-BC84EB584594
Table 14B: Depth and Breadth 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
Category or Type Offered* CommentsItem
71 Athletic surfacing materials such as: r: Yes Gerflor USA and its N. American subsidiaries Connor Sports
Hardwood, Synthetic, Rubber, Sports Vinyl r No and Sport Court provide hardwood, poured urethane (rubber),
and Clay. sports vinyl and synthetic modular sports flooring surfaces.
Clay courts for tennis are a relatively niche product and not
one of our manufactured items, but should a Sourcewell
member need a clay court, we have independent partners
who carry those products and have expertise in building the
courts.
72 Equipment, options, accessories, technology r: Yes With the exception of clay courts for tennis (as noted
and supplies complementary or incidental to C No above), our court builders from each brand have extensive
the purchase of a turnkey or complete experience in every facet of building courts with these
solution of the types described in 71 above. surfacing materials, from design and consultation, to
construction and ongoing service. Complete turnkey solutions
are their focus—to design, build, and accessorize courts
from start to finish.
73 Services related to the offering of the r: Yes Whether a project requires demolition and disposal of
solutions described in Lines 71 and 72 r No previous surfacing or native soils, our court builders are fully
above, including installation, removal, disposal, equipped to being projects from concept to completion. They
refurbishment, inspection, repair, maintenance, are skilled in placing concrete for foundations for outside
training, and support. courts and accessories, in site prep of all kinds to ensure a
proper fit and function for the installation of any of our sports-
flooring products, and in the installation of approved sports
accessories such as hoops, lights and nets.
They are knowledgeable in licensing, certificates and other
approvals required in their local markets, inspection
requirements, and other information necessary to move a
project through its various phases toward completion. They
can refurbish and upgrade an old facility with surfacing,
equipment and accessories, or build a new facility from the
ground up.
They take pride in professional, ongoing customer care, and
can service, repair and maintain any of the products in our
schedule. Our in-house Technical team provides an able back-
up and knowledge base for any questions or challenges that
may arise, and they can be deployed typically in a matter of
days should the need arise.
Table 15: Industry Specific Questions
Line
Question Response*
Item
Bid Number: RFP 031022 Vendor Name: Gerflor USA
Docusign Envelope ID:E9AD046A-B4FD-4171-B946-BC84EB584594
74 Describe any unique advantage your product offers The Gerflor Group has long been associated with innovative, problem-
in relation to design, manufacturing, performance, solving products, and the product offerings on this proposal are no
maintenance, and product longevity. exception. Some specific examples:
Gerflor's Taraflex line of cushioned-vinyl sports flooring features a best-
in-class surface treatment that makes the product naturally bacterio- and
viro-static; meaning that it won't foster the growth of harmful microbes,
including the Covid virus. In addition, the surface treatment virtually
eliminates skin burn for athletes (like volleyball players) who frequently dive
onto the surface during play.
The group has launched a number of initiatives designed to reduce
energy and water use at our factories, leading to a goal of complete
carbon neutrality within 20 years. We have already instituted design
changes such as a gravity feed system for raw materials and product
processing that significantly reduces the amount of electricity required at
those plants.
All of our sports-surfacing products are designed for longevity and
continued performance throughout their lifespan. Hardwood floors can be
refinished from time to time, and properly maintained, carry a lifespan of
35 — 40 years, making it likely that a replacement floor in some facilities
will never be required. Our other products routinely provide service for
20 — 25 years in the field, making our product lines among the most
durable options in the industry.
Improvements in the design of our outdoor sports surfaces represent
a revolutionary leap forward, creating better wet/dry traction, reducing skin '
burn, and generating higher levels of shock absorption and injury protection.
We manufacture and design our products under a continuous
improvement mandate, which means we are always looking for better
compounds and chemicals, more environmentally friendly materials and
processes, more efficient ways to produce and create our products. This
might entail increasing the percentage of recycled materials used in
producing a particular product or the inclusion of more rapidly renewable
materials.
We have also increased our focus on creating products with an
environmentally favorable, simple and cost-efficient maintenance protocol.
Our wood floors are recoated every year or so, generally with water-based
finishes, and require no other maintenance than a dry mop to keep them
clean. Gerflor-branded products features surface treatments that resist
staining and marks, making those products simple to maintain with an auto-
scrubber or similar equipment. Sport Court's indoor gym surfaces also
employ a proprietary surface treatment that virtually never wears out, nor
does it require any in-field treatment or re-coating.
These are just a few examples of our work to provide environmentally
responsible products that deliver the best lifespan, durability, and low
maintenance costs of any products in the industry. We are also noted for
the unique problem-solving characteristics of our flooring solutions, making
it possible to address situations like slab moisture in the installation of our
products.
75 Describe any sustainability design features your Some of our sustainability and green-manufacturing efforts are detailed
product offers. elsewhere in the proposal, but our products are:
100% compliant with REACH, European legislation that mandates the
inclusion of no harmful chemicals in our products
100% FloorScore certified, indicating indoor air quality performance
that far exceeds the requirements of California Prop 65, and ensures no
harmful VOCs are emitted through our products.
Contributory to many of the LEED requirements for 'green' building,
with third-party validated Environmental and Health Product Declarations.
Manufactured in ISO-certified factories with an emphasis on the
reduction of energy and water usage.
Bid Number: RFP 031022 Vendor Name: Gerflor USA
Docusign Envelope ID:E9AD046A-B4FD-4171-6948-BC84EB584594
76 Describe the installation process and how it is Once a project has been 'won', the installation process across our various
managed from product order to completion. brands looks something like this:
Our local dealer or contractor, who has discussed, negotiated and worked
to design the best solution for the customer's needs, then orders the
necessary sports-flooring products and accessories from our Connor, Sport
Court or Gerflor offices. Each of these brands operates independently on a
day-to-day basis, although all three are managed by the same
management team and guided by the same values and principles, although
some specific policies may vary by brand.
Lead times for the production and/or delivery of all products is established
by the logistics and sales teams of each brand, so a dealer/contractor can
know when to expect delivery of the required products and can coordinate
the other elements of the installation or construction.
Some projects (such as outdoor courts) frequently require the placement of
a new concrete slab, and the contractor can coordinate that phase so that
the slab is poured and cured and ready for installation when the products
arrive. In other cases, such as renovations or flooring replacements
indoors, the process is focused on cleaning, leveling and preparation the
slab or sub-floor to receive the sports-flooring products for a flat, level and
satisfactory playing experience.
Once the site prep is completed and the product has arrived, the
contractor can then build or install to the customer's specifications the
athletic surfacing and any accessories or equipment related to the project.
The duration of an installation may vary by size and product type, but if
other trades are complete and not intruding on the process, most sports-
flooring products can be installed in a few days to a few weeks.
Permanently installed wood floors probably take the most time, because
the installation process requires installation of both the sub-floor and the
maple strip, then a process of sanding and finishing the surface.
Table 16: Exceptions to Terms, Conditions, or Specifications Form
Line Item 77. NOTICE:To identify any exception,or to request any modification, to the Sourcewell template Contract terms, conditions,
or specifications, a Proposer must submit the exception or requested modification on the Exceptions to Terms, Conditions, or
Specifications Form immediately below. The contract section,the specific text addressed by the exception or requested modification,
and the proposed modification must be identified in detail. Proposer's exceptions and proposed modifications are subject to review and
approval of Sourcewell and will not automatically be included in the contract.
Contract Section Term,Condition,or Specification Exception or Proposed Modification
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."
Bid Number: RFP 031022 Vendor Name: Gerflor USA
Docusign Envelope ID:E9AD046A-B4FD-4171-B948-BC84EB584594
Pricinq-Gerflor USA Products&Pricing Grid Final.xlsx-Wednesday March 09, 2022 11:54:27
Financial Strength and Stability-Financial Strength and Stability.zip-Wednesday March 09, 2022 12:24:15
Marketing Plan/Samples-Marketing Plan-Samples.zip-Wednesday March 09, 2022 13:10:24
WMBE/MBE/SBE or Related Certificates-Sales&Service Network.xlsx-Wednesday March 09, 2022 13:11:50
Warranty Information-Warranty Information.zip-Wednesday March 09, 2022 13:21:25
Standard Transaction Document Samples-Standard Transaction Document Samples.zip-Wednesday March 09, 2022 13:11:34
Upload Additional Document (optional)
Bid Number: RFP 031022 Vendor Name: Gerflor USA
Docusign Envelope ID:E9AD046A-B4FD-4171-B948-BC84EB584594
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.pdf;
2. Included on the government-wide exclusions lists in the United States System for Award Management found at:
https://sam.gov/SAM/; or
3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated
Bid Number: RFP 031022 Vendor Name: Gerflor USA
Docusign Envelope ID:E9AD046A-B4FD-4171-B948-BC84EB584594
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.
F7 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. - Joel McCausland, Director, Sales Support, Gerflor USA, 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.
r Yes a. 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)
Addendum_3_Athletic_Surfaces_RFP_031022
1
Thu March 3 2022 08:58 AM
Addendum_2_Athletic_Surfaces_RFP_031022
1
Fri January 28 2022 03:18 PM
Addendum_1_Athletic_Surfaces_RFP_031022
F7 1
Fri January 21 2022 01:20 PM
Bid Number: RFP 031022 Vendor Name: Gerflor USA