HomeMy Public PortalAboutORD16329BILL NO. 2022-112
SPONSORED BY Councilmember Schreiber
ORDINANCE NO. /(o32,'
SUBSTITUTE
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING
UTILIZATION OF THE SOURCEWELL CONTRACT, 011822-JHK, WITH WHP
TRAININGTOWERSTM OF GRANDVIEW, MO, FOR THE PURCHASE, DESIGN, AND
INSTALLATION OF A 5 -STORY TOWER AND A 2 -STORY RESIDENTIAL/INDUSTRIAL
FIRE TRAINING FACILITY AT 2304 HYDE PARK ROAD; APPROVING A CONTRACT
WITH UDT, LLC, OF ROLLA, MO, TO DEMOLISH THE EXISTING BUILDING;
ACCEPTING AN ADDITIONAL CONTRIBUTION OF $200,000 FROM COLE COUNTY
ARPA FUNDS; AND APPROVING NECESSARY BUDGET AMENDMENTS AND
SUPPLEMENTAL APPROPRIATIONS FROM WITHIN SALES TAX G GLEANING FUND
H.
WHEREAS, The Fire Department will utilize a Sourcewell contract to contract with WHP
Traininigtowers to purchase, design and install a 5 -story tower and 2 -story
residential/industrial fire training facility at 2304 Hyde Park Road; enter into a
contract with UDT, LLC, to demolish the existing building; accept additional
ARPA funds from Cole County.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. The City of Jefferson enters into a contract with WHP TrainingtowersTM
to purchase, design, and install a 5 -story tower and a 2 -story residential/industrial fire
training facility at 2304 Hyde Park Road.
Section 2. The City of Jefferson enters into a contract with UDT, LLC for demolition
of the existing building.
Section 3. The agreements shall be substantially the same in form and content as
that agreement attached hereto as Exhibit A.
Section 4. Authorization to accept an additional $200,000 from Cole County ARPA
funds, attached hereto as Exhibit B.
Section 5. Authorize necessary budget amendment
from Sales Tax H Fire Station 6 funds and necessary supplemental appropriation to
advance the remainder necessary, attached hereto as Exhibit C.
Section 6. This Ordinance shall be in full force and effect from and after the date of
its passage and approval.
Passed:
0 -41 -0A -e- (VILajtA71'
Presiding Officer
ATTEST:
Approved:
YA-pA,c,:r til do 23
Mayor Carrie Tergin
CERTIFICATION BY MAYOR
APPROVED AS TO FORM:
Pursuant to Article VII, Section 7.1(5.) Of the Charter of the City of Jefferson, Missouri, I
hereby certify that the sums appropriated in the ordinance are available in the various
funds to meet the requirements of this bill.
til
Mayor Carrie Tergin
CITY OF JEFFERSON
DEMOLITION CONTRACT
THIS CONTRACT, made and entered into the date last executed by a party as indicated below, by and
between the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter referred to as
"City", and the UDT, LLC., hereinafter referred to as "Contractor".
WITNESSETH:
THAT WHEREAS, Contractor has become the lowest responsible bidder for furnishing the
supervision, labor, tools, equipment, materials and supplies for the demolition of the following structure
and all debris and other trash items on the lot at the Fire Tower & Bum Building in Jefferson City, Missouri,
and the proper disposal in an approved landfill.
NOW THEREFORE, the parties to this contract agree to the following:
1. Scope of Services.
Contractor agrees to perfonn the services related to demolition of the structure and grading of lot at the Fire
Tower and Bum Building in Jefferson City, Missouri, more particularly described in Exhibit A attached
hereto. Contractor further agrees to obtain a demolition penn it from the City and the Missouri Department
of Natural Resources, if necessary, prior to performing any services.
2. Payment to Contractor.
The City hereby agrees to pay Contractor for work done pursuant to this contract at intervals of not less
than 28 calendar days upon acceptance of said work by the Fire Department, and in accordance with the
rates and/or amounts of stated in the bid of the Contractor dated 1126/2023, which are by reference made a
part of hereof. No partial payment to Contractor shall operate as approval or acceptance of work done or
materials furnished hereunder. Lien releases must be provided prior to any payment being made to the
Contractor. The total amount of this contract shall not exceed Thirty-Two Thousand Dollars and Zero Cents
($32,000.00).
3. Notice to Proceed.
Contractor shall not begin the work to be perfonned until receipt of written Notice to Proceed, after which
the Contractor shall complete said work within Thirty (30) calendar days thereafter.
4. Insurance.
Contractor agrees to obtain and maintain throughout the tenn of this contract:
A. Workmen's Compensation Insurance for all of its employees to be engaged in work under
this contract.
B. Contractor's Public Liability Insurance in an amount not less than $3,000,000 for all claims
arising out of a single occurrence and $500,000 for any one person in a single accident or
occurrence, except for those claims governed by the provisions of the Missouri Workmen's
Compensation Law, Chapter 287, RSMo, and Contractor's Property Damage Insurance in
an amount not less than $3,000,000 for all claims arising out of a single accident or
occurrence and $500,000 for any one person in a single accident or occurrence. City shall
be named as an additional insured on such policy.
C. Automobile Liability Insurance in an amount not less than $3,000,000 for all claims arising
out of a single accident or occurrence and $500,000 for a one person in a single accident
or occurrence. City shall be named as an additional insured on such policy.
D. Subcontracts-In case any or all of this work is sublet, the Contractor shall require the
Subcontractor to procure and maintain all insurance required in Subparagraphs A, B, and
C, hereof and in like amounts.
E. Scope of Insurance and Special Hazard. The insurance required under Sub-paragraphs B
and C hereof shall provide adequate protection for Contractor and its subcontracts,
respectively, against damage claims which may arise from operations from operations
under this contract, whether such operations be by the insured or by anyone directly or
indirectly employed by it, and also against any special hazards which may be encountered
in the performance of this contract.
NOTE: Paragraph E is construed to require the procurement of Contractor's protective insurance
(or contingent public liability and contingent property damage policies) by a general contractor
whose subcontractor has employees working on the project, unless the general public liability and
property damage police (or rider attached thereto) of the general contractor provides adequate
protection against claims arising from operations by anyone directly or indirectly employed by
Contractor.
5. Specifications, Codes and Regulations.
Contractor shall comply with all appropriate specifications and codes referred to and with all regulations,
ordinances and laws of the City, the State of Missouri, and the Federal Government, and permit reasonable
inspection of all work by authorized inspectors.
6. Asbestos Compliance.
Contractor shall comply with Missouri Air Conservation law, RSMo. 643, Sections 225-250, Missouri
regulations CFR 1 0.6.080, 1 0 CFR 6.240, and 10 CFR 6.250, EPA regulations at 40 CFR Part 61 governing
asbestos, and OSHA worker protections regulations.
7. Permits and Licenses.
Contractor will obtain and pay for all permits and licenses necessary for the completion and execution of
the work and labor to be performed.
8. Debris and Material Removal.
Contractor shall keep the premises clean and orderly during the course of the work and remove all debris
as it accumulates. Materials and equipment that have been removed and replaced as part of the work shall
belong to the Contractor, unless specifically spelled-out otherwise in Exhibit A. Dispose of the demolition
debris in compliance with State and Federal laws.
9. Contractor's Responsibility for Subcontractors.
It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its
subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts
and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted
in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set
forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding
termination of a subcontract as the City may exercise over Contractor under any provisions of this contract.
Nothing contained in this contract shall create any contractual relations between any subcontractor and the
City or between any subcontractors.
10. Termination of Contract for Cause.
If through any cause, Contractor shall fail to fulfill in a timely and roper manner their obligations under this
contract, or if Contractor shall violate any of the covenants, agreements, or stipulations of their contract,
the City shall thereupon have the right to terminate this contract by giving written notice to Contractor of
such terminations and specifying the effective date thereof, at least five days before the effective date of
such termination. In such event, all finished or unfinished documents and reports prepared by Contractor
under this contract shall, at the option of the City, become its property, and Contractors shall be entitled to
receive just and equitable compensation for any work satisfactorily completed thereunder.
Notwithstanding above, Contractor shall not be relieved of liability to the City for damages sustained by
the City by virtue of a breach of Contract by Contractor, and the City may withhold any payments to
Contractor for the purpose of set-off until such time as the exact amount of damages due to the City from
Contractor is determined.
11. Termination for Convenience by the Owner.
The City may terminate this contract at any time by giving at least ten (10) days' notice in writing to
Contractor. If the contract is terminated by the City, as provided herein, Contractor will be paid for the time
provided and expenses incurred up to the termination date. If this contract is terminated due to the fault of
the Contractor, Paragraph 10 hereof to termination shall apply.
12. Owner's Right to Proceed.
In the event this contract is terminated pursuant to Paragraph 11, then the City may take over the work and
prosecute the same to completions, by contract or otherwise, and Contractor and its sureties shall be liable
to the City for any costs over the amount of, and utilize in completing the work, such materials, appliances
and structures as may be on the work site and are necessary for completion of the work. The foregoing
provisions are in addition to and not in limitation of, the rights of the City under any other provisions of the
contract, city ordinances, and state and federal laws.
13. lndemnitv.
To the fullest extent permitted by law, the Contractor will indemnify and hold harmless the City, its elected
and appointed officials, employees, and agents from and against any and all claims, damages, losses, and
expenses including attorneys' fees arising out of or resulting from the performance of the work, provided
that any such claim, damage, loss or expense (I) is attributable to bodily injury, sickness, disease, or death,
or to injury to or destruction of tangible property (other than the work itself) including the loss of use
resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of contractor, any
subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them
may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such
obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of
indemnity which would otherwise exist as to any party or person described in this paragraph.
14. Payment for Labor and Materials.
Contractor agrees and binds itself to pay for all labor done and for all the materials used in the work to be
completed pursuant to this contract. Contractor shall furnish to the City a bond to insure the payment of all
materials and labor used in the performance of this contract.
15. Sales Tax Exemption.
Effective August 28, 1994, Section 144.062, RSMo. allows contractors and subcontractors to purchase
materials for tax exempt projects with project-specific exemption certifications approved by the Department
of Revenue. The City will supply a certificate to the contractor for this project after approval is obtained
from the Department of Revenue.
16. Acceptance of Final Payment as Release.
Contractor's acceptance of final payment shall be a release to the City of all claims and all liability to the
Contractor.
17. Changes.
City may, at any time, request changes in the scope of the work without invalidating the contract. If such
changes increase or decrease the amount due under the Contract, or in the time required for performance of
the work, an equitable adjustment shall be authorized by Change Order. The City shall review and give
final approval to all Change Orders.
18. Time for Completion and Liquidated Damages.
If the Contractor fails to complete the work within the contract time or extension of time granted by the
City, then the Contractors may be required to pay to the City the amount of $100.00/day for liquidated
damages for each calendar day that the Contractor shall be in default after the time stipulated in the contract
documents.
19. Contract Documents.
The contract documents shall consist of the following:
a. This Contract
b. Addenda
c. Information for Bidders
d. Signed Copy of Bid
e. Work Write-Up
f. General Provisions
g. U.S. Department of Housing and Urban Development Supplemental General Conditions
20. Protection of Lives and Health.
Contractor shall exercise proper precaution at all times for the protection of persons and property and shall
be responsible for all damages to persons or property, either on or off the site, which occurs as a result of
Contractor's prosecution of the work. The safety provisions of applicable laws and building and
construction codes, in addition to specific safety and health regulations described by Chapter XIII, Bureau
of Labor Standards, Department of Labor, Part 1518, Safety and Health regulations for Construction as
outlined in the Federal Register, Volume 36, No. 75, Saturday, April 17, 1971, Title 29-LABOR, shall be
observed and the Contractor shall take or cause to be taken, such additional safety and health measures as
the Contracting Authority may determine to be reasonably necessary.
Safety Training
a. Contractor shall provide a ten ( 1 0) hour Occupational Safety and Health Administration
(OSHA) construction safety program for all employees who will be on-site at the project.
The construction safety program shall include a course in construction safety and health
that is approved by OSHA or a similar program approve by the Missouri Department of
Labor and Industrial Relations which is at least as stringent as an approve OSHA program
as required by Section 292.675, RSMo.
b. Contractor shall require its on-site employees to complete a construction safety program
within sixty ( 60) days after the date work on the project commences.
c. Contractor acknowledges and agrees that any of contractor's employees found on the
project site without documentation of the successful completion of a construction safety
program shall be required to produce such documentation within twenty (20) days, or will
be subject to removal from the project.
d. Contractor shall require all of its Subcontractors to comply with the requirements of this
section and Section 292.675, RSMo.
Notice of Penalties for failure to Provide Safety Training
a. Pursuant to Section 292.675, RSMo., Contractor shall forfeit to City as a penalty Two
Thousand Five Hundred Dollars (2,500), plus One Hundred Dollars ($1 00) for each on-
site employee employed by Contractor or its Subcontractor, for each calendar day or
portion thereof, such on-site employee is employed without the construction safety training
required in the above paragraph.
b. The penalty described in Subsection a of this section shall not begin to accrue until the time
period described in Paragraphs b and c above have elapsed.
c. Violations of above paragraph and imposition of the penalty described in this section shall
be investigated and determined by the Missouri Department of Labor and Industrial
Relations.
21. Regulations Pursuant to So-Called "Anti-Kickback Act" Title 18, U.S.C.
874 Kickbacks from public works employees: Whoever, by force, intimidations, or threat of procuring
dismissal from employment, or by any other manner whatsoever induces any person employed in
construction, prosecution, completion or repair of any public building, public work, or building or work
financed in whole or in part by loans or grants from the United States, to give up any part of the
compensation to which he is entitled under his contract of employment, shall be fined not more than five
thousand dollars ($5,000) or imprisoned not more than five years or both.
22. Equal employment Opportunity, Nondiscrimination, and Minority Business Enterprise
Utilization.
a. The Contractor will not discriminate against any employee or applicant for employment
because of race, color, handicap, age, religion, sex, or national origin. The Contractor will
take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to race, color, religion, sex, or national origin.
Such action shall include, but not be limited to the following: Employments, upgrading,
demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
b. The Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contract, state that all qualified applicants will receive consideration from
employment without regard to race, color, religion, sex or national origin.
c. The Contractor will send to each labor union or representative or workers with which he
as a collective bargaining agreement or other contract or understanding, a notice to be
provided by the Contract Compliance Officer advising the said labor union or workers'
representatives of the Contractor's commitment under this section, and shall post copies of
the notice in conspicuous places available to employees and applicants for employment.
d. The contractor will comply with all provisions of Executive Order 11246 of September 24,
1985, and ofthe rules, regulations and relevant orders of the Secretary of Labor.
e. The contractor will furnish all information and reports required by Executive Order 11246
of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records and accounts by the
Department and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations and orders.
f. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this
Contract or with any of the said rules, regulations or orders, this contract may be cancelled,
terminated or suspended in whole or in part and the Contractor may be declared ineligible
for further government funded contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, or as otherwise provided by law.
g. The Contractor will include the portion of the sentence immediately preceding paragraph
( 1) and the provisions of paragraphs ( 1) through (7) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant
to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions
will be binding upon each subcontractor or vendor. The Contractor will take such action
with respect to any subcontract or purchase order as the Department may direct as a means
of enforcing such provisions, including sanctions for noncompliance; provided, however,
that in the event a Contractor becomes involved in or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the Department, the Contractor may
request the United States to enter into such litigation to protect the interests of the United
States.
h. The Contractor will make affirmative efforts to utilize minority business enterprises for
suppliers and subcontractors and will document his efforts to the City.
1. For contracts in excess of$1 0,000, equal opportunity provisions of"Exhibit A" shall apply
to this contract.
23. Training and employment of Lower Income Residents of Project Area.
a. The work to be performed under this contract is subject to the requirements of Section 3 of
the Housing and Urban Development Act of 1968, as amended, 12 U .S.C. 1701 u. Section
3 requires that to the greatest extent feasible, opportunities for training and employment be
given lower income residents of the project area and contracts for work in connection with
the project be awarded to business concerns which are located in, or owned in substantial
part by persons residing in, the area of the project.
b. The parties to this contract will comply with the provision of said Section 3 and the
regulations issued pursuant thereto by the Secretary of Housing and Urban Development
ad all applicable rules and orders of the Department issued hereunder prior to the execution
of this contract. The parties to this contract certify and agree that they are under no
contractual or other disability that would prevent them from complying with these
requirements.
24. Transient Employers.
Every transient employer, as defined in section 285.230, RSMo., enclosed in the laws section, must post in
a prominent and easily accessible place at the work site a clearly legible copy of the following:
(I) The notice of registration for employer withholding issued to such transient employer by
the Director of Revenue;
(2) Proof of coverage for workers' compensation insurance or self-insurance signed by the
transient employer and verified by the Department of Revenue through the records of the
Division of Workers' Compensation; and
(3) The notice of registration for unemployment insurance issued to such transient employer
by the Division of Employment Security.
Any transient employer failing to comply with these requirements shall, under section 285.234, RSMo.,
enclosed in the laws section, be liable for a penalty of$500 per day until the notices required by this section
are posted as required by that statute.
25. Federal Funds to be Used.
The City of Jefferson is a recipient of federal grant funds. Therefore, the grant requirements in Exhibit B
shall be fully considered in preparing responses and performing work under any resulting award.
26. Notices.
All notices required or permitted hereinunder and required to be in writing may be given by first class
mail addressed to the following addresses. The date and delivery of any notice shall be the date falling on
the second full day after the day of its mailing_
If to the City:
City of Jefferson
Department of Law
320 East McCarty Street
Jefferson City, Missouri 65101
If to the Contract
UDT, LLC
Tonie Cahill
1420 $ East State Hwy 72
Rolla, Missouri 65401
27. Jurisdiction.
This agreement and every question arising hereunder shall be interpreted according to the laws and statutes
of the State of Missouri.
CITY OF JEFFER„SON, MISSOURI
ovv\xx
Mayor Date. _LL't
ATTES"11'. ,p �
A
:
APPROVED AS TO FORM:
City tto y
UDT, LLC
Title: J
Date:
ATTEST:
Title
EXHIBIT A
UDT, LLC Bid Form
IFB4104 - Demolition of 126 E Dunklin, 415 Monroe, Fire Tower/Burn Building
Item
Number
Location
Quantity
Required
Unit of
Measure
Unit Price
Number of Days
to Complete
Demolition
Landfill Site to be
used for Debris
Disposal
#0-3
Fire Tower and Burn
Building, 2304 Hyde
Park
1
Lump Sum
32,000.00
15
REPUBLIC
EXHIBIT B-FEDERAL CLAUSES
The City of Jefferson is a recipient federal grant funds through the American Rescue Plan Act of
2021. Therefore, the following requirements shall be fully considered in preparing responses and
performing work under any resulting award.
Access to Records
Vendor agrees to provide the City, the Federal Government, and any applicable Federal
Adn1inistrator, Director~ the C01nptroller General of the United States, or any of their authorized
representative~ s access to any books, docun1ents, papers, and records of the Vendor which arc
directly pertinent to this contract for the purposes of n1aking audits, exatninations, excerpts. and
transcriptions. The Vendor agrees to pennit any of the foregoing parties to reproduce by any
means whatsoever or to copy excerpts and transcriptions as reasonably needed. Nothing
contained herein shall be construed as intending to litnit or prohibit audits or internal reviews by
Federal personnel or the Comptroller General of the United States.
Retention Requirements for Records
The contractor shall retain financial records, supporting documents, statistical records and all
other records pertinent to the financial assistance agreement for a period of three years starting
from the date of submission of the final payment request. Authorized representatives of federal
awarding agencies, the Federal Inspectors General, the Comptroller General of the United States,
the City or any of their designees shall have access to any pertinent books, documents, and
records of contractor in order to conduct audits or examinations. The contractor agrees to allow
monitoring and auditing by the City and/or authorized representative. If any litigation, claim,
negotiation, audit, or other action involving the records has been started before the expiration of
the three-year period, the contractor shall retain records until all litigations, claims or audit
findings involving the records have been resolved and final action taken.
Breach of Contract
1. In the event of material breach of the contractual obligations by the contractor, the City may
cancel the contract. At its sole discretion, the City may give the contractor an opportunity to
cure the breach or to explain how the breach will be cured. The actual cure must be completed
within no more than 10 working days from notification, or at a minimum the contractor must
provide the City within 1 0 working days from notification a written plan detailing how the
contractor intends to cure the breach.
2. If the contractor fails to cure the breach or if circumstances demand immediate action, the
City will issue a notice of cancellation terminating the contract immediately. If it is
determined the City improperly cancelled the contract, such cancellation shall be deemed a
termination for convenience in accordance with the contract.
3. If the City cancels the contract for breach, the City reserves the right to obtain the equipment,
supplies, and/or services to be provided pursuant to the contract from other sources and upon
such terms and in such manner as the City deems appropriate and charge the contractor for
any additional costs incurred thereby.
4. The contractor understands and agrees that funds required to fund the contract must be
appropriated by the General Assembly of the State of Missouri for each fiscal year included
within the contract period. The contract shall not be binding upon the City for any period in
which funds have not been appropriated, and the City shall not be liable for any costs
associated with termination caused by lack of appropriations.
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)
Each contractor certifies to the tier above by completing the Certification Regarding Lobbying
form, that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of the City, an
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. Each tier must also disclose any lobbying with non-Federal funds that takes
place in connection with obtaining any Federal award.
Clean Air Act (42 U.S.C. 7401-7671q.) and Federal Water Pollution Control Act (33
u.s.c. 1251-1387)
The contractor must comply with the Federal Clean Air Act (42 U.S.C. 7401-7671q), as
amended, and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended.
Failure to abide by these laws is sufficient grounds to cancel the agreement. By agreeing to this
agreement, the contractor certifies that the contractor, its board of directors and principals are
following these specific federal laws. Further, the contractor shall report to the City any instance
in which the contractor or any member of its board of directors or principals is determined by
any administrative agency or by any court in connection with any judicial proceeding to be in
noncompliance with any of these specific federal laws. Such report shall be submitted within ten
(1 0) working days following such determination. Failure to comply with the reporting
requirement may be grounds for termination of this agreement or suspension or debarment of the
contractor.
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708)
1. Overtime requirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which they are employed
on such work to work in excess of forty hours in such workweek unless such laborer or
mechanic receives compensation at a rate not less than one and one-half times the basic rate
of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph (b) ( 1) of this section the contractor and any subcontractor
responsible there for shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for
the District of Columbia or a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each individual laborer
or mechanic, including watchmen and guards, employed in violation of the clause set forth in
paragraph (b) (1) of this section, in the sum of$10 for each calendar day on which such
individual was required or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set forth in paragraph
(b) (I) of this section.
3. Withholding for unpaid wages and liquidated damages. The contractor shall upon its own
action or upon written request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any moneys payable on account of work performed
by the contractor or subcontractor under any such contract or any other Federal contract with
the same prime contractor, or any other federally-assisted contract subject to the Contract
Work Hours and Safety Standards Act, which is held by the same prime contractor, such
sums as may be determined to be necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in
paragraph (b )(2) of this section.
4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set
forth in paragraph (b) (1) through (4) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor
shall be responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in paragraphs (b) ( 1) through ( 4) of this section.
5. The contractor or subcontractor shall maintain payrolls and basic payroll records during the
course of the work and shall preserve them for a period of three years from the completion of
the contract for all laborers and mechanics, including guards and watchmen, working on the
contract. Such records shall contain the name and address of each such employee, social
security number, correct classifications, hourly rates of wages paid, daily and weekly number
of hours worked, deductions made, and actual wages paid. The records to be maintained
under this paragraph shall be made available by the contractor or subcontractor for
inspection, copying, or transcription by authorized representatives of the City and the
Department of Labor, and the contractor or subcontractor will permit such representatives to
interview employees during working hours on the job.
6. Contracts for construction, alteration, and repair, including painting and decorating, must
provide that no contractor or subcontractor contracting for any part of the contract work shall
require any laborer or mechanic employed in the performance of the contract to work in
surroundings or under working conditions that are unsanitary, hazardous, or dangerous to
health or safety, as established under construction safety and health standards the Secretary
of Labor prescribes by regulation based on proceedings pursuant to section 553 of title 5,
provided that the proceedings include a hearing similar in nature to that authorized by section
553 oftitle 5.
Debarment and Suspension (Executive Orders 12549 and 12689)
A contract award will not be made to parties listed on the government wide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines, 2 CFR 180.
SAM exclusions contain the names of parties debarred, suspended or otherwise excluded by
agencies as well as parties declared ineligible under statutory or regulatory authority other than
Executive Order 12549.
Equal Employment Opportunity
During the performance of this contract, the contractor agrees as follows:
I. The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
The contractor will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color, religion, sex,
sexual orientation, gender identity, or national origin. Such action shall include, but not be
limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the provisions
of this nondiscrimination clause.
2. The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, City that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender identity,
or national origin.
3. The contractor will not discharge or in any other manner discriminate against any employee
or applicant for employment because such employee or applicant has inquired about,
discussed, or disclosed the compensation of the employee or applicant or another employee
or applicant. This provision shall not apply to instances in which an employee who has
access to the compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the employer, or is
consistent with the contractor's legal duty to furnish information.
4. The contractor will send to each labor union or representative of workers with which they
have a collective bargaining agreement or other contract or understanding, a notice to be
provided advising the said labor union or workers' representatives of the contractor's
commitments under this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
5. The contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders ofthe Secretary of Labor.
6. The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the contractor may be declared ineligible for
further Government contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
8. The contractor will include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs ( 1) through (8) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to
section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be
binding upon each contractor or subcontractor. The contractor will take such action with
respect to any subcontract or purchase order as the administering agency may direct as a
means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a contractor or subcontractor as a result of such direction by the administering
agency, the contractor may request the United States to enter into such litigation to protect
the interests of the United States.
Procurement of Recovered Materials
The contractor must comply with section 6002 of the Solid Waste Disposal Acts as amended by
the Resources Conservation and Recovery Act. The requirements of this section include
procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at
40 CFR part 24 7 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 $1 0,000 or the value of the quantity acquired during the preceding fiscal year
exceeded $1 0,000; 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.
Rights to Inventions Made Under a Contract or Agreement (37 CFR Part 401)
If the contractor produces subject matter, which is or may be patentable in the course of work
sponsored by this agreement, the contractor shall promptly and fully disclose such subject matter
in writing to the City. In the event that the contractor fails or declines to file Letters of Patent or
to recognize patentable subject matter, the City reserves the right to file the same. The City
grants to the contractor the opportunity to acquire an exclusive license, including the right to
sublicense, with a royalty consideration paid to the City. Payment of royalties by contractor to
the City will be addressed in a separate royalty agreement.
Termination
1. Termination for Cause. The City may terminate this agreement, in whole or in part, at any
time before the date of completion whenever it is determined that the contractor has failed to
comply with the terms and conditions of the agreement. The City shall promptly notify the
contractor in writing of such a determination and the reasons for the termination, together
with the effective date. The City reserves the right to withhold all or a portion of funds if the
contractor violates any term or condition of this agreement. Termination for cause may be
considered for evaluating future agreements. The contractor may object to terminations with
cause and may provide information and documentation challenging the termination.
2. Termination for Convenience. Both the City and the contractor may terminate the agreement,
in whole or in part, when both parties agree that the continuation of the project would not
produce beneficial results commensurate with the further expenditure of funds.
3. The City reserves the right to terminate the contract at any time, for the convenience of the
State of Missouri, without penalty or recourse, by giving written notice to the contractor at
least thirty (30) calendar days prior to the effective date of such termination. The contractor
shall be entitled to receive compensation for services and/or supplies delivered to and
accepted by the City pursuant to the contract prior to the effective date of termination.
Domestic Preference for Procurements
As appropriate, and to the extent consistent with law (including 2 C.F.R. §200.322)~ the
contractor should, to the greatest extent practicable, provide a preference for the purchase,
acquisition, or use of goods, products~ or materials produced in the United States. This includes,
but is not limited to iron, alutninum, steel, cetnent, and other n1anufactured products.
Prohibition on certain telecommunications and video surveillance services or equipment
Contractors are prohibited from obligating or expending project funds to:
1. Procure or obtain;
2. Extend or renew a contract to procure or obtain; or
3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment,
services, or systems that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of any
system. As described in Public Law 115-232, section 889, covered telecommunications
equipment is telecommunications equipment produced by Huawei Technologies
Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
a. For the purpose of public safety, security of government facilities, physical
security surveillance of critical infrastructure, and other national security
purposes, video surveillance and telecommunications equipment produced by
Hytera Communications Corporation, Hangzhou Hikvision Digital Technology
Company, or Dahua Technology Company (or any subsidiary or affiliate of such
entities).
b. Telecommunications or video surveillance services provided by such entities or
using such equipment.
c, Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the
Director of the National Intelligence or the Director of the Federal Bureau of
Investigation, reasonably believes to be an entity owned or controlled by, or
otherwise connected to, the government of a covered foreign country.
4. In implementing the prohibition under Public Law 115-232, section 889, subsection (f),
paragraph ( 1 ), heads of executive agencies administering loan, grant, or subsidy programs
shall prioritize available funding and technical support to assist affected businesses,
institutions and organizations as is reasonably necessary for those affected entities to
transition from covered communications equipment and services, to procure replacement
equipment and services, and to ensure that communications service to users and
customers is sustained.
5. See Public Law 115-232, section 889 for additional information.
6. See also § 200.4 71.
Disadvantaged Business Enterprise Statement
Contractors bidding on City contracts funded in whole or in part by assistance from a federal
agency shall take the following affirmative steps to assure that small, woman owned, and
minority businesses are utilized when possible as sources of supplies, services and construction
items.
a. Contractors will submit the name and other information, if any, about their DBE sub-
contractors along with their bid submissions.
b. Sufficient and reasonable efforts will be made to use qualified DBE sub-contractors
when possible on City contracts.
c. Qualified small, woman owned, and minority businesses will be included on
solicitation lists as sub-contractors for City supplies, services, and construction.
d. Qualified small, woman owned, and minority businesses will be solicited whenever
they are potential sources.
e. When economically feasible, contractors will divide total requirements into smaller
tasks or quantities so as to permit maximum small, woman owned, and minority
business participation.
f. Where the requirements permit, contractors will establish delivery schedules which
will encourage participation by small, woman owned and minority businesses.
Contractors will use the services and assistance of the Small Business Administration, the Office
of Equal Opportunity, and the Community Services Administration.
CITY OF JEFFERSON
CONSTRUCTION SERVICES AGREEMENT
IXHIIITA
THIS CONTRACT, by and between the City of Jefferson, Missouri, a municipal corporation of the State
of Missouri, hereinafter referred to as "City", and WHP Trainingtowers, hereinafter referred to as
"Contractor".
WITNESSETH:
THAT WHEREAS, Contractor has been selected for furnishing the supervision, labor, tools,
equipment, materials and supplies for the following City improvements: installation of a five-story tower
and two-story Residential/Industrial Building, as described in Exhibit A and depicted in Exhibit B.
NOW THEREFORE, the terms of the Sourcewell Contract: RFP #011822 shall govern, except in
instances that conflict with the following terms:
1. Liquidated Damages.
The City may deduct Two Hundred Dollars ($200.00) from any amount otherwise due under this contract
for every day Contractor fails or refuses to prosecute the work, or any separable part thereof, with such
diligence as will ensure the completion by the time above specified, or any extension thereof, or fails to
complete the work by such time, as long as the City does not terminate the right of Contractor to proceed.
It is further provided that Contractor shall not be charged with liquidated damages because of delays in the
completion of the work due to unforeseeable causes beyond Contractor's control and without fault or
negligence on Contractor's part or the part of its agents.
2. Indemnity.
To the fullest extent permitted by law, the Contractor will defend, indemnify, and hold harmless the City,
its elected and appointed officials, employees, and agents from and against any and all claims, damages,
losses, and expenses including attorneys' fees arising out of or resulting from the performance of the work,
provided that any such claim, damage, loss or expense (I) is attributable to bodily injury, sickness, disease,
or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of
use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of contractor,
any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of
them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such
obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of
indemnity which would otherwise exist as to any party or person described in this paragraph.
3. Performance and Materialman's Bonds Reguired.
Contractor shall provide a bond to the City before work is commenced, and no later than ten (10) days after
the execution of this contract, guaranteeing the Contractor's performance of the work bid for, the payment
of amounts due to all suppliers of labor and materials, the payment of insurance premiums for workers
compensation insurance and all other insurance called for under this contract, and the payment of the
prevailing wage rate to all workmen as required by this contract, said bond to be in a form approved by the
City, and to be given by such company or companies as may be acceptable to the City in its sole and absolute
discretion. The amount of the bond shall be equal to the Contractor's bid.
4. Knowledge of Local Conditions.
Contractor hereby warrants that it has examined the location of the proposed work and the attached
specifications and has fully considered such local conditions in making its bid herein.
5. Severability.
If any section, subsection, sentence, or clause of this contract shall be adjudged illegal, invalid, or
unenforceable, such illegality, invalidity, or unenforceability shall not affect the legality, validity, or
enforceability of the contract as a whole, or of any section, subsection, sentence, clause, or attachment not
so adjudged.
6. Governing Law.
The contract shall be governed by the laws of the State of Missouri. The courts of the State of Missouri
shall have jurisdiction over any dispute which arises under this contract, and each of the parties shall submit
and hereby consents to such courts exercise of jurisdiction. In any successful action by the City to enforce
this contract, the City shall be entitled to recover its attorneys' fees and expenses incurred in such action.
7. Nondiscrimination.
Contractor agrees in the performance of this contract not to discriminate on the grounds of race, creed,
color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any
employee of Contractor or applicant for employment, and shall include a similar provision in all
subcontracts let or awarded hereunder.
8. Illegal Immigration.
Prior to commencement of the work:
a. Contractor shall, by sworn affidavit and provision of documentation, affirm its enrollment
and participation in a federal work authorization program with respect to the employees
working in connection with the contracted services.
b. Contractor shall sign an affidavit affirming that it does not knowingly employ any person
who is an unauthorized alien in connection with the contracted services.
c. If Contractor is a sole proprietorship, partnership, or limited partnership, Contractor shall
provide proof of citizenship or lawful presence of the owner prior to issuance of the Notice
to Proceed.
9. Construction Safety Program Requirements.
a. Contractor shall require all on-site employees to complete the ten-hour safety training
program required pursuant to Section 292.675 RSMo, if they have not previously
completed the program and have documentation of having done so. All employees working
on the project are required to complete the program within sixty (60) days of beginning
work on the Project.
b. Any employee found on the worksite subject to this section without documentation of the
successful completion of the course required under subsection (a) shall be afforded twenty
(20) days to produce such documentation before being subject to removal from the project.
c. Pursuant to Section 292.675 RSMo., Contractor shall forfeit as a penalty to City Two
Thousand Five Hundred Dollars ($2,500.00) plus One Hundred Dollars ($1 00.00) for each
employee employed by Contractor or subcontractor, for each calendar day, or portion
thereof, such employee is employed without the required training. The penalty shall not
begin to accrue until the time periods in subsections (a.) and (b.) have elapsed. City shall
withhold and retain from the amount due Contractor under this Contract, all sums and
amounts due and owing City as a result of any violation of this section.
10. Notices.
All notices required or permitted herein under and required to be in writing may be given by first class mail
addressed to the following addresses. The date and delivery of any notice shall be the date falling on the
second full day after the day of its mailing.
2
If to the City:
City of Jefferson
Department of Law
320 East McCarty Street
Jefferson City, Missouri, 65101
CITY OF JEFFERSON, MISSOURI
1
Mayor
Date: Zj
It Ue rk,-
APPROVED AS TO FORM:
If to the Contractor:
WHP Trainingtowers
Joe Kirchner
519 Duck Road
Grandview, Missouri 64030.
WHP TRAININGTOWERS
Title:
Date:
ATTEST:
Title:
If to the Citv:
City ofJefferson
Department of Law
320 East McCarty Street
Jefferson City. Missouri, 65101
CITY OF JEFFERSON, MISSOURI
Mayor
Date:
APPROVED AS TO FORM:
If to the Contractor:
WHP Trainingtowcrs
Joe Kirchner
519 Duck Road
Grandview. Missouri 64030.
WIIP TRAININGTOWERS
Ti e, scr.,t►,r, 5
Date: 4-13-23
ATTEST:_Pgsse_i_t_C, r040L.
Title:
EXHIBIT A
RETHINK HOW YOU TRAIN
January 18", 2023 Ref Number: Q- 2317707 (via email)
Jerry Blomberg, Division Chief of Training
Jefferson City Fire Department
320 East McCarty Street
Jefferson City. MO 65101
573-634-6403
jbfombert;{r jeffersoncitymo.gov
Dear Chief Blomberg:
We are pleased to provide you with the following proposal utilizing our Sourcewell contract number 011822-JHK
and the City of Jefferson City Sourcewell contract number 103420 for a CUSTOM GENERAL ALARM FIVE -
STORY WHP training simulator. The simulator would consist of a structure that would approximate the following:
1. Section A will be a Five -Story Tower approximately 211-11" W x 25'-4" L x 54'-0" H (to top of
parapet).
a. Four (4) interior floors (2"d, 3rd. 4'", 5(11)
b. One (1) flat roof with parapet roof guard system
c. One (1) 22'x26' painted steel canopy
d. Two (2) 3'-4" double swing gates
e. Four (4) rappelling anchors on the roof
f. One (1) rappelling rail
g. One (1) 2'-6" x 3'-0" Bilco roof hatch
h. One (1) vertical ladder from the 5th floor up to the roof hatch
i. One (1) five -story interior stair with welded stair railing
j. One (1) inset balcony on the second floor with welded railing
k. One (1) 4'x7' cantilevered balcony at the 3rd floor with railing and door
1. One (1) 4 -story galvanized standpipe w/FDC and 2 -head sprinkler run
m. Five (5) 3' x T plate steel door and hardware
n. Nine (9) 3' x 4' window openings with latching shutters — The four additional shutters will
be located: 2" floor B-side, 3`d floor D -side, 4"and 5' C -Side. Each additional window will
have an over -window rappelling anchor and bailout prop.
o. One (1) 3' x 3' access hatch to residential attic
p. Two (2) 9'x7' garage doors
2. Section B will be a Two -Story Residential/Industrial section approximately 21'-1 1" W x 35'-0" L x
24'-0" H to eave.
a. One (1) gable roof, 5/12 and 9/12 un-equal pitch on half of roof with perimeter welded
guardrai 1
b. One (1) flat roof with parapet walls on half of roof with two (2) swing gate openings
c. Two (2) 6'-0" chain gates
519 Duck Road, Grandview, M064030 1 P: 800.351.2525 1 www.TrainingTowers.com 1 Info1 TrainingTowers_com
d. Two (2) chop-o ut s on gab led roof one 48 " x 48" and one 48"x96"
e. One (I) attic space prov id ed between the gabled roof a nd th e second floor
f. One (I) 3' x 3' framed window opening with latching shu tters at ex terior gabled end of the
attic
g. Seven (7) 3' x 4' fr ame d wi nd ow openings wit h latching shutt ers
h. Two (2) 3' x 4' fra med burn room window openin gs with latchi ng shutters
1. One (I ) 6 'x 4 ' double framed wi ndow openin g with latc hi ng sh utters
J. Fo urteen ( 14) 3' x 7' plate stee l door and hardware
k. Five (5) 3' x 7' burn room pla te stee l door a nd hardwa re
I. Multiple rooms pe r drawing s
m. One (I) over-window rappelli ng anchor with bai l out prop
n. One (I) two -story interior sta ir wi th we ld ed stair ra ili ng
o. One (I) 4'x38' ba lco ny and fi re esca pe to second floor
p. One (I) 12 'x l 2' Class A burn ro om on the JS' floor protected with a Padgenit e lnt e rl oc kTM
liner system
q. One (I) II ' x 16 ' Cla ss B burn room on th e 2"d floor protected with a Padgenite Int erlock™
I i ner syste m
r. One (l) 49 "x49" pa ll et style burn c rib
s. One (I) 4 'x4 ' attic burn area system
3. Sect ion C will be a One-Story Annex approximate ly 21 '-II" W x 14'-6" L x I 0'-0" H.
a. Two (2) 3' x 4' framed window openings with latc hing s hu tters
b. One (I) 3' x 7' exterior burn room plate stee l door and hardware
c. Entire room sha ll be protected with a Pad ge nite ln ter lockTM li ner system
d. One (I) 49 "x49 " pallet style burn crib
e. One (I) Tempe ra tur e monitorin g sys tem
4. Othe r incl ud ed opt ions:
a. Co ncrete de molition for fo und ation place ment-in clud es sawcut and re mov in g conc rete 5 '
beyo nd th e perimeter of th e new buildin g and rep laci ng the so il up to 72 "
b. Foundation design
c. Concrete s lab on grade
d. 4" concrete sidewalk at the pe rime ter of th e new building
e. Concrete fill o n e levated metal deck s
f. Gas li ne and cond uit from Jefferso n City sup pli ed propane ta nk to building stub up (up to
100')
g. 200 Amp pane l connected to ex isti ng power
h. Co nnect b uildin g dra inage to Je fferso n City drai nage sys tem (up to 75')
Materials and Freight is:
Labor is:
S ubcontract is:
Total:
$739 ,503.05
$497 ,879.80
$56 1.079.00
$1 '798,461.85
Prevailin g Wages: Prevailing wages have been incl uded based on Genera l Decision Numbe r: M020220040
12/23 /2022 for Co le Cou nty Misso ur i. If th e Genera l Deci sio n is updated or a job spec ifi c wage determ inatio n is
perforn1ed wage s will be adjusted accordingly and be th e re spon s ibility of the owner.
Page 2 of 3
5 19 Duck Road , Gra ndview. MO 64030 1 P : 800.35f.2525 1 www.Trai ningTower s.com 1 lnfo@Traini ngTo wers.com
All pricin g is in US Do ll ars and is valid for 30 days . It is th e po li cy of WHP Trai ningtowers™ to provi de a
reason able cos t estim ate for your bud ge tin g purposes. It is not un comm on in th e con structi on in dustry to offer cost
estimates th at are fo r low end or stripped-down struc tur es . WHP be li e ves t he c ost es timate shou ld refl ect a tra inin g
s imul a tor th at meets OS HA safety req uiremen ts, is o fthe hi ghe st quality , and will meet the expectat ions of th e
c ustome r.
Schedu le: We would require 2-4 we eks to prepare conceptu a l drawin gs aft er award of th e con tract or pu rchase
o rder a nd 18-20 weeks for de li ve 1y afte r rece ipt o f approv ed draw ing s. If the fo un da t ion is in p lace t he erecti o n
wo uld be comp lete a pprox imat e ly 15-17 week s afte r de li ve 1y of buildin g. Some op tiona l item s such as brick
ex te ri ors wi II req uire more tim e to complete e rect ion.
Design Criteria: Pricin g is based on th e foll ow in g stru ctura l des ign c rite ri a per IB C 2012 :
I. Live Loads-(a) Roo f: IOOpsf (b) Floor: IOO psf (c)Att ic: IOOpsf
2. Wind Loads -(a) Spee d: 115 mph (b) Expos ur e: C
3. Seis mic Loads-(a) Coeffi cie nt Ss [m ax ]: 55 (b) Co effi c ien t S I [max]: 13
4 . So il Capacity -Minimum 1500 lbs/sq.ft .
*Require me nt s exceed in g th ese loads may res ult in additi ona l costs.
E xclusions: We excl ud e fr om our pro posa l: demo lition of ex ist in g buildi ng, bonds, ta xes , pe rm its, special
insur ance req uir eme nt s if any , fi e ld pa intin g of exte ri or ha ndrai ls and sta irs, mecha nic a l, electr ica l, fire protect io n
sys te ms, wint e r con diti ons, site wo rk , engin ee ring layo ut a nd ge nera l cond iti on ite ms and an y ot he r misce l lan eo us
fees .
Terms: For mate ri a ls a depos it of25% on the bui ld in g package is du e o n rece ipt o f o rde r (sig ning of contract).
Ba lance of pay me nt on ma teri a ls du e on deli ve ry to s it e. No retent ion on materia ls . Labor will be billed mo nthly .
Invoi ces not in di s put e ove r 30 days will be assesse d I ~%pe r month on ba la nces in exce ss o f 30 days . F ina ncin g
is ava il a bl e throug h lease purchase prog rams.
We hope yo u fi nd the propos al acceptabl e. If we can prov ide you with furth er informa tion please fe e l free to ca ll.
Sin ce re ly,
Ca pt. Ro b Va n Bi bbe r (Ret.)
WHP Tra inin gtow ersTM
Pa g e 3 of 3
519 D uck Road , G randview, MO 64030 1 P : 800.35f.2525 1 www.T rainin gTowers.com 1 lnfo@Trai ningTow ers.com
m
1--m -%
t.1
@--
®-
@--
®----
,.-
(e
',
r-v ..,11:£ x r·r ""'" avtiii<AI~ca:JI "''' .. 'a..c:a..O.....,...,NII(
\~
\~ ........
T
SECTION •g•
@/J
-__ ...
i
..n.·~·~ ;y so.-..c fVK AIIIU.l ~CJ..trt'(J
rl[Dt L(V[L rQ SllL l[Yfl.
~liD RESIDENTIAL 2ND FLOOR PLAN AND ANNEX RO(Jl:........E.LAt:':!.
$CAL£ 11•· ~ r -o·
T T
\~ ........ <®
SECTION • .,. SECTION T
\~ ........
TOV/ER RESIDENTIAl ANO ANNEX lS T FLOOR PLAN
SCAI..[• 1/4• • ''·0"
SECTION •c•
BURN ROOM 12
--
r
l
T{IIII'(IMJ ..
IIQIII:Ifc.K.S•1tl•
>-D::o:: ~0
U)t-w:5 >:J
U:::E
'iii :E(!) D::z :5:z c(-..J~ ~~ Wo:: z-wu.
(!)
0::
0
~
::J
2
iii
C) z z
~ t-
t-z w
2
~ w
0
w
0::
ii:
~-::..=:
•
::ia:.. ~:"'.:A _.::::.:.~
iii~ ~...:s:r:---=-
8'-=
V'l 110~ ~§ !3.:
~e
1
-s ~b!
i i r i
~n-• ·• "'~L
I r--···'--1 . p::i; :~~;!:srr.. ~ ....... ..,.
,._ •• 1;0.1 .. ,/
''"'"'""~-UOGIA~
,//\'
IA-0..-D.Il..:JII'
J"~tVI[-...t~CJ..-t(J
tt.CDI'LLvn.ros:t.LI.CVO.
S(CTICif 'A'
\~
....
eaT -ftH VltH
L•CCU ro ruor kt:Jw
II-~! -~ -rO.JJII~•
cfomnlfTTTT711
HT7
~lj'L..U~Lhl,l,lJ[
~
ll II. ;.
~N,J ~ ~-
.11111 -l II
ll J u. .ll JUJ __u 11 UJ A lUi J1 Jl llllll J llJ.IJ AflllllliiW llU ll liT u Ll Jl. u,
\ ,_.,.., """'"-""-" \...~ :-~~:..:.·:,. '0111 n•r IIIIC1 or -aJ"
TOWER AND RESIDENTIAL ROOF PLAN
!;CAlr 11•• a 1'-0"
/ \.:r·r ...,..,
'',,',, ""' '
' /
I
\,, ,/
',,D/ /a
// ',, ,'
/ ' I
// '\, \
,/ \,
/ '
/ ' ', 1/
~) r-:r·
TOWER 3RD FLOOR PLAN AND RESIDENTIAL ATTIC PLAN
~CAL£· 11~· • t'-0"
i i
®-1\~~~"~----l
I h 1 .. fi..ilill~ ~
®-
i
TnWER 5TH FLnDR PLAN
SCAl.[ 114" • t•-c• -------
.. n.·OJf"'-7
)"IQ.WI(I'VI(.VCC.(IO.Nft1
f'UJll' L(vt\. TO SU LCV{l
Cl> t:I.DI IAt(l
~LlPC 111001
OVC..,._OIQ.Jirta ®-l-~?, ~====r==r.• ~c====~SV~'~
TOWER 4TH FLOOR PLAN
seAL£· v•· • r-o•
> D::o:: oo ........ ~5 >:::»
U:::::E •c;;
::?:(!) D::z 5z c(--~~ ~~-
UJW z~ wLL
(!)
0::
~
::l
:I;
iii
Cl z z
~
I-
I-z w
:I;
~ w
0
w
0:: u:::
=:r1":""~-~
ti+n&"'~ ~.9:::.:.3 ~:=.:.F-
a~:·
~~
aG:..:.SV.:i ~~:r"'i· ~~'l'JL
!~
~-~ ~~~ ··~ee
~~~
2
IZ
c.v
I ~ 1 1
=-=: ~
p • \:I I ~ \ : I nll=tliJE=fl --®
ll!Oll soc
AllJ LITI SOC
u£VAra.s
---e
GENERAL ALARM -FIVE STORY
FIRE TRAINING SIMULATOR
FIRE DEPARTMENT TRAIN ING SIMULATOR
f 1 -e
--®
~NHP
• O• 01' .w-e "1'4 Do\ toors""-Ctoo ..C.
S1 t OJOI'II)~•IIOl<4XI
IQ... 1 U •lU·.lU-J .._....,~··-
10.1."1U'· .. .bi•U.U ••• _..._._
z
~l
"flri ... "' ~ REAR SOC
IIJJ laOH 90£
UEVATICI.~
~
GENERAL ALARM-FIVE STORY
FI RE TRAINING SIMULATOR
FIRE DEPARTMENT TRAINI NG SIM ULATOR
fNHP
•Ch'l:r..........:lN<OJO'ItCD>SI'I'II.Iti!Or<r<.
l!tDuOCIC~•~hOJQ
lQ.. tU ·Je)·ltU lo·--..,.._•c-
I'Q.lll'l[lt*«»-l5t-nH ..... -"1~-
DocuSign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19
011822-JHK
Sourcewe~~ ~:
Solicitation Number: RFP #011822
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and Jahnke & Sons Construction, Inc., dba WHP Trainingtowers, 519 Duck
Road, Grandview, MO 64030 (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 Public Safety Training and Simulation Equipment and
Technology 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 March 23, 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
DocuSign Envelope 10: 222103EA-4FOF-46BD-9280-45C86DB7DF19
011822-JHK
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 Supplierls 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 Supplierls 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
Equipment1 Products/ and Services that are operational for their intended purpose, and
includes all costs to the Participating Entity1 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
Rev.3/2021 2
DocuSign Envelope 10: 2221 03EA-4FOF-46BD-9280-45C86DB7DF19
011822-JHK
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;
Rev.3/2021 3
DocuSign Envelope 10: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19
011822-JHK
• 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
Rev. 3/2021 4
DocuSign Envelope 10: 222103EA-4FOF-46BD-9280-45C86DB7DF19
011822-JHK
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:
Rev.3/2021 5
DocuSign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19
011822-JHK
• 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
Rev.3/2021 6
DocuSign Envelope 10: 222103EA-4FOF-46BD-9280-45C86DB7DF19
011822-JHK
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.
Rev.3/2021 7
DocuSign Envelope 10: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19
011822-JHK
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 thetrademark(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,
Rev.3/2021 8
OocuSign Envelope 10: 222103EA-4FOF-46BD-9280-45C86DB7DF19
011822-JHK
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.
Rev.3/2021 9
DocuSign Envelope 10: 2221 03EA-4FOF-46BD-9280-45C86DB7DF19
011822-JHK
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.
Rev. 3/2021 10
DocuSign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19
011822-JHK
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.
lB. 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
Rev.3/2021 11
DocuSign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19
011822-JHK
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. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional
Liability. During the term of this Contract, Supplier will maintain coverage for all claims
the Supplier may become legally obligated to pay resulting from any actual or alleged
negligent act, error, or omission related to Supplier's professional services required
under this Contract.
Minimum Limits:
$2,000,000 per claim or event
$2,000,000-annual aggregate
6. 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.
Rev. 3/2021 12
DocuSign Envelope 10: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19
011822-JHK
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide
certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in
this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY
INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including
their officers, agents, and employees, as an additional insured under the Supplier's commercial
general liability insurance policy with respect to liability arising out of activities, "operations," or
"work" performed by or on behalf of Supplier, and products and completed operations of
Supplier. The policy provision{s) or endorsement{s) must further provide that coverage is
primary and not excess over or contributory with any other valid, applicable, and collectible
insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require {by endorsement or
otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional
insureds for losses paid under the insurance policies required by this Contract or other
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.
Rev.3/2021 13
DocuSign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19
011822-JHK
Supplier certifies and warrants that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs
operated by the State· of Minnesota; the United States federal government or the Canadian
government, as applicable; or any Participating Entity. Supplier certifies and warrants that
neither it nor its principals have been convicted of a criminal offense related to the subject
matter of this Contract. Supplier further warrants that it will provide immediate written notice
to Sourcewell if this certification changes at any time.
21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or
services from this Contract may be subject to additional requirements including the
procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional
requirements based on specific funding source terms or conditions. Within this Article, all
references to 11 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 11federally 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, 11 Equal Employment Opportunity'' (30 FR 12319,
12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, 11Amending
Executive Order 11246 Relating to Equal Employment Opportunity," and implementing
regulations at 41 C.F.R. § 60, 11 0ffice 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,
11 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
Rev. 3/2021 14
DocuSign Envelope 10: 2221 D3EA-4FOF-468D-9280-45C86DB7DF19
011822-JHK
the Copeland "Anti-Kickback" Act {40 U.S.C. § 3145), as supplemented by Department of Labor
regulations {29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-federal entity must report
all suspected or reported violations to the federal awarding agency. Supplier must be in
compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT {40 U.S.C. § 3701-3708). Where
applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve
the employment of mechanics or laborers must include a provision for compliance with 40
U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations {29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess
of the standard work week is permissible provided that the worker is compensated at a rate of
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).
Rev.3/2021 15
DocuSign Envelope 10: 2221D3EA-4FOF-46BD-9280-45C86DB7DF19
011822-JHK
Supplier certifies that during the term of this Contract will comply with applicable requirements
as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award
(see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions
in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R.
§180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 {3
C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier
certifies that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation by any federal
department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file
any required certifications. Suppliers must not have used federal appropriated funds to pay any
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
Rev.3/2021 16
DocuSign Envelope 10: 2221 03EA-4FOF-46BD-9280-45C86DB7DF19
011822-JHK
records of Supplier that are directly pertinent to Supplier's discharge of its obligations under
this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The
right also includes timely and reasonable access to Supplier's personnel for the purpose of
interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is
a state agency or agency of a political subdivision of a state and its contractors must comply
with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not 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 an Participating Entity and is not subject to any obligations or
liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter
resulting from the Contract or any purchase by an authorized user.
0. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The
Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and
Statements) applies to the Supplier's actions pertaining to this Contract or any purchase by a
Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any
federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit
disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services,
Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to
the anticipated work under this Contract raises an actual or potential conflict of interest (as
described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in
writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and
Participating Entity are able to assess the actual or potential conflict; and provide any additional
information as necessary or requested.
Rev.3/2021 17
OocuSign Envelope 10: 2221 03EA-4FOF-46BD-9280-45C860B70F19
011822-JHK
R. U.S. EXECUTIVE ORDER 13224. The Supplier~ and its subcontractors~ must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources
and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT. To the extent applicable~ Supplier certifies that during the term of this Contract it
will comply with applicable requirements of 2 C.F.R. § 200.216.
T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable~ Supplier certifies
that during the term of this Contract will comply with applicable requirements of 2 C.F.R. §
200.322.
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time~ with or without cause~ upon 60
days~ written notice to the other party. However~ Sourcewell may cancel this Contract
immediately upon discovery of a material defect in any certification made in Supplier1 S
Proposal. Cancellation of this Contract does not relieve either party of financial~ product~ or
service obligations incurred or accrued prior to cancellation.
Sourcewell
By:G;;~,:~~~~
Jeremy Schwartz
Title: Chief Procurement Officer
3/18/2022 I 4:14 PM COT
Date: -----------------------------------------
Approved:
[p~'&d
By: 7E42B8F817A64CC ...
Chad Coauette
Title: Executive Director/CEO
3/23/2022 I 7:01 PM COT
Date: -----------------------
Rev.3/2021
Jahnke & Sons Construction~ lnc.1
dba WHP Trainingtowers
"OocuSigned by:
By: ~~L.,:rcku
Joseph P. Kirchner
Title: Executive Vice President
3/23/2022 I 6:37 PM COT
Date: ----------------------------------
18
DocuSign Envelope 10: 2221 03EA-4FOF-46BD-9280-45C86DB7DF19
RFP 011822 -Public Safety Training and Simulation Equipment
and Technology
Vendor Details
Company Name: Jahnke & Sons Construction, Inc.
Does your company conduct
business under any other name? If WHP Trainingtowers
yes, please state:
Address:
Contact:
Email:
Phone:
Fax:
HST#:
Submission Details
Created On:
Submitted On:
Submitted By:
Email:
Transaction#:
Submitter's I P Address:
Bid Number: RFP 011822
519 Duck Rd
Grandview, MO 64030
Rob VanBibber
info@trainingtowers.com
913-385-3663
800-736-7594
742855791
Monday January 17,2022 08:51:32
Tuesday January 18, 2022 16:02:10
Rob VanBibber
info@trainingtowers.com
5b9a1 bf2-b73f-4ed1-b976-1 f3162de71 e6
45.16.238.177
------------··-···------
Vendor Name: Jahnke & Sons Construction, Inc.
DocuSign Envelope ID: 2221 D3EA-4FOF-468D-9280-45C86DB7DF19
Specifications
Table 1: Propose r Id e ntity & Authorized Represe ntatives
Ge nera l Instruc ti o n s (app lies to all Tables) Sourcewell prefe rs a brief but tho rough response to each question. Do no t mere ly attach
add itiona l documents to your response without also providing a substan tive re sp onse. Do not leave answers blank ; respond "N/A" if th e
question does not apply to you (preferabl y with an exp lanation).
Line Qu est ion Respo nse • Ite m
1 Proposer Legal Name (one legal entity on ly): Jahnke and Sons Cons tru ction , Inc.
(In the event of award , wi ll execute the .
resulting contract as "Supplie r'')
2 Identify all subsidiary entities of the Proposer WHP Trainingtowers
whose equipment , products , or services are .
in cl uded in the Proposal.
3 Identify all applicable assumed nam es or DBA WHP Trainingtowers
names of the Proposer or Proposer's .
subsidiaries in Line 1 or Line 2 above.
4 Provide your CAGE code or DUNS number: Cage Code: 1 LD28 .,
DUNS : 04-663 -5053
5 Proposer Physi cal Address : 519 Duck Road -Gra ndview. MO 64030
6 Proposer website address (o r addresses): www.trai ni ngtowers.com .
7 Proposer's Authorized Representative (name, Joseph P. Kirchner
title. address. email address & phone) (The Exe cutive Vi ce President
representative must have authority to sign 519 Duck Road
the "Proposer's Assurance of Compliance" on Grandview. MO 64030 '
behalf of the Proposer and. in the event of joek@trainingtowers .com
award , wi ll be expected to execute the 913-343-0446
resu lting contract):
8 Proposer's primary co ntact for this proposal Joseph P. Kirchner
(name . titl e. ad dress , ema il address & phone): Executive Vice Pres ident
519 Duck Road .
Gra ndview. MO 64030
joek@trainingtowers .com
913-343 -0446
9 Proposer's other contacts for this proposal . if Magg ie Scaletty
any (name. title. address. email address & Chief Ope ra ti ng Office r
phon e): 519 Duck Road
Grandview. MO 64030
maggies@training towers.com
913 -385-3 663
Tabl e 2: Company Informatio n and Financial Stre ngth
~~~: l a uestion !Respo nse •
Bid Num ber: RFP 0 11822 Vendor Name: Jahnke & S ons C onst ruc t ion, Inc.
DocuSign Envelope 10: 2221 03EA-4FOF-46BD-9280-45C86DB7DF19
10
11
12
13
14
15
16
Provide a brief history of your company,
including your company's core values,
business philosophy, and industry longevity
related to the requested equipment, products
or services.
What are your company's expectations in the
event of an award?
Demonstrate your financial strength and
stability with meaningful data. This could
include such items as financial statements,
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.
What is your US market share for the
solutions that you are proposing?
What is your Canadian market share for the
solutions that you are proposing?
Has your business ever petitioned for
bankruptcy protection? If so, explain in detail.
How is your organization best described: is
it a manufacturer, a distributor/dealer/reseller,
or a service provider? Answer whichever
question (either a) or b) just below) best
applies to your organization.
a) If your company is best described as
a distributor/dealer/reseller (or similar entity),
provide your written authorization to act as a
distributor/dealer/reseller for the manufacturer
of the products proposed in this RFP. If
applicable, is your dealer network
independent or company owned?
b) If your company is best described as
a manufacturer or service provider, describe
your relationship with your sales and service
force and with your dealer network in
delivering the products and services
proposed in this RFP. Are these individuals
your employees, or the employees of a third
party?
Bid Number: RFP 011822
Jahnke & Sons Construction, Inc. (JSC) dlb/a WHP TrainingtowersTM (WHP) is a
family-owned corporation in the 24th year of business. JSC was established as a
local construction company by the owner, Chief William Jahnke (Ret.). In 1997, Chief
Jahnke retired as Chief of the Overland Park, KS Fire Department. In 1998, Chief
Jahnke acquired WHP. WHP sells pre-engineered fire training towers to fire
departments, military, governments, and municipalities throughout the world. JSC's 23
employees work diligently to market, sell, and make the best metal training facility
on the market.
WHP was established in 1980 and was the first company on the market to offer an
alternative to older costly concrete designs. At WHP, we plan, construct, and stand
behind the strongest, most rugged metal structure in the fire training business. Our
experience, quality and innovation can be seen in more than 900 training tower
installations over forty years.
We believe that in order to ensure our customers receive the most quality products
with the most value for their training program, our involvement throughout the
process is critical from start to finish. The majority of our projects are turn-key from
design, to fabrication, delivery, and installation. We don't stop there as we also
provide training, maintenance, and inspection services after completion of the
project. The safety of our communities rides on the success of each of our
installations for each individual customer.
A Sourcewell contract award would allow JSC dba WHP Trainingtowers to reach
more customers looking to improve their training programs. At the end of 2021 we
moved our corporate and production facilities to a larger location. This move has
doubled our production capacity as well as providing over 4 acres of paved staging
and outdoor warehousing space. By marketing a newly executed Sourcewell
contract, and creating awareness of our new purchasing platform, we expect to
generate immediate interest in both your existing customer base as well as peak
the interest of potential customers looking for a purchasing program such as
Sourcewell.
Financial documents have been attached in the documents portion of our response.
Our market share for the US market for metal fire training towers is 60%.
In 2021 the portion of our overall revenues to the Canadian government was 12.5%
and our Canadian Market Share for Steel Fire Training Facilities is 40% of the
Canadian Market.
No.
From the descriptions provided, JSC dba WHP Trainingtowers is best described as
a manufacturer and service provider. There are components of our overall system
which we source from our network of suppliers, however as a whole, we design the
each training structure, complete the procurement of raw materials and components,
and deliver the complete building package to our specifications. Our sales &service
force is a combined team of both JSC sales & service employees and regionally
located individuals providing sales & services as a third party. This format allows
our direct employees to provide immediate functions during the sales and service
cycle and assist our outside sales & service team as necessary. We also have the
ability to expand capacity quickly through our outside sales & service team.
Vendor Name: Jahnke & Sons Construction, Inc.
DocuSign Envelope ID: 2221 D3EA-4FOF-46BD -9280-45C86DB7DF19
17 If applicable , provide a detailed explanation We have provided the Fire Service with more pre-engineered metal fire training
outlining the licenses and certifications that towers and buildings than any other supplier in the wortd and have done so as a
are both required to be held , and actually licensed turn key contractor and building supplier. WHP is currently licensed in 25
held, by your organization (including third stales throughout the United States with the ability to obtain/activate additional
parties and subcontractors that you use) in licenses when necessary for a specific project. There are 16 states that do not .
pursuit of the business contemplated by this require a co ntractor's license to work in their state. We also provide a third party
RFP. engineer review of every training structure we deliver. Our third party enginee rs has
the ability to wet stamp our engineered documents in all 50 states as well as every
Canadian Province . Engineer wet stamps are required by NFPA 1402.
18 Provide all ·suspension or Debarment" N/A.
information that has applied to your
orga nization during the past ten years .
Tabl e 3: Indus try Recog nition & Mar ketp lace Su ccess
Line Question Response • Item
19 Describe any relevant industry awards or We do not have record of any re levant industry awa rds within the past 5 years.
recognition that your company has received
in the past five years
20 What percentag e of your sales are to the In the past 3 years 98.23%% of our sales have been to Federal, State and Local
governmen tal sector in the pas t th ree years Government. 9.63% is federa l government contracts and 1.77% of our sales are to .
industry customers.
21 Wha t percentage of your sales are to the Percentage of sa les to the educationa l is 5.48%
education sector in the past three years
22 List any state, provincial . or cooperative GSA Contract # GS07F5448P
purchasing contracts that you hold. What is
the annual sales volume for each of these
contracts over the past three years?
23 List any GSA contracts or Standing Offers GSA Contract # GS07F5448P
and Supply Arrangements (SOSA) that you
hold. What is the annual sales vo lume for 2019 Sales: $894 ,300.32 .
each of these con tra cts over the pa st thre e 2020 Sales: $2,532,166.06
years? 2021 Sales: $1 ,041 ,757.56
Table 4: Ref e re n ces/Test imon ials
Lin e I tem 24. Supply reference information from three customers who are eligible to be Sourcewell participating entities.
Entity Name • Contact Name • Phone Number •
Colorado Division of Fire Prevention and Mark Quick 9707495100
Control
University of Maryland Fire Rescue In stitute Pa trick Marlatt 3012269900
Brookline Fire Department John Sullivan 6177302272 .
City of Fairfield Fire Department Donald Bennett 5138675379
Massachusetts Department of Fire Services Peter Shipman 9785673164
Bid Number: RFP 011822 Vendor Name : J ahnke & Sons Constructio n, Inc.
DocuSign Envelope ID : 2221 D3EA-4FOF -46BD-9280-45C86DB7DF19
Table 5: Top Five Government or Education Customers
Lin e Item 25. Provide a list of your top five government, education , or non-profit custome rs (entity name is optional), including e ntity
type , the state or province the entity is located in , scope of the project(s), size of transaction(s), and doll ar vo lumes from the past th ree
years.
Entity Name Entity Type • State I S c ope of Work • Size o f Transac tio ns • Dollar V o lume Pas t Three
Province· Years ·
Farme(s Government Texas-TX Tum-Key design, manufacture , 51,536 ,443.56 50.00
Branch Fire install of a custom high-rise fire
Department train ing structure including .
foundation design, foundation
installation, and utilities.
Pa lm Beach Government Florida-FL Turn-Key design, manufacture , 51 ,472,411.86 $1,472,411 .86
Gardens Fire install of a custom high-rise fire
Department training structure including .
foundatio n design, foundation
installation, and utilities.
Luzerne Education Pennsylvania -Turn-Key design , manufacture , 51 ,365 ,878.49 527,908.49
Community PA install of a custom high-rise fire
College training structure and service
Santa C larita Education California -CA Turn-Key design, manufacture, $2,168,284.00 $0.00
Community install of a custom high·rise fire
Co llege training structure including .
foundation design , and foundation
installation .
Los Angeles Government California -CA Tum-Key design , manufacture . $4,370,680.60 SO.OO
County install of a custom hazmat .
training center.
Table 6: Ability to Sell a nd Deliver Service
Describe your company's capab ili ty to meet the needs of So u rcewe ll part icipating enti ties across the US and Canada, as app licable .
Your re sponse should address in detail at least the following areas : locations of your network of sa les and service providers, th e number
of workers (full-time equiva lents) involved in each sector, whether these workers are your direct employees (or employees of a third
party), and any overlap between the sa les and service functions.
~~~~ !Questio n I Res ponse •
Bid Number: R F P 011822 Vendor Nam e : Jahnke & Sons Constru ctio n , Inc.
DocuSign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19
26
27
28
29
30
31
32
Sales force.
Dealer network or other distribution
methods.
Service force.
Describe the ordering process. If orders
will be handled by distributors, dealers or
others, explain the respective roles of the
Proposer and others.
Describe in detail the process and
procedure of your customer service
program, if applicable. Include your
response-time capabilities and
commitments, as well as any incentives
that help your providers meet your stated
service goals or promises.
Describe your ability and willingness to
provide your products and services to
Sourcewell participating entities in the
United States.
Describe your ability and willingness to
provide your products and services to
Sourcewell participating entities in Canada.
Bid Number: RFP 011822
The WHP sales team is made up of two internal sales representatives, three
contracted external sales representatives, and two internal auxiliary sales staff. Our
internal sales staff is located at our corporate location in Missouri while the three
outside sales people represent the Northeast. Southeast and South regions.
Together, they call on potential clients and create a custom fire training tower that
fits the needs and wants of each client's community.
Our sales force works together to meet the following objectives:
• Increase sales and profits
• Increase customer numbers
• Increase upsells and cross-sells
• Increase productivity
• Enhancing the sales process.
For years, WHP has been at the forefront of customer-focused fire training towers,
offering a full tum-key approach to department's fire training needs. Over this time,
we have built a wealth of knowledge, from industry experts and experience, in what
department's need and want for their community. Combining our industry knowledge
and our experience in delivering complex training towers, WHP is well placed to help
customers quickly see a return on their investments. We understand that a successful
implementation is more than just delivering a building, this is why we also work with
our clients to provide post-sale support and deliver a training program to enable their
department.
By choosing this approach, departments will directly benefit from our expertise and
knowledge of the industry. While the fire industry faces different challenges within
their community, we know our clients have individual needs and priorities. Our team
is flexible and adaptable to easily configure a custom training tower that will fit and
help any department's needs and wants.
Our consultants will work with the departments to identify which capabilities are
required and deliver those priorities accordingly. Using our in-house production and
manufacturing team, allows us to accelerate this process and help departments move
quickly into building their fire training tower.
Most all of our sales are direct to customer sales. We feel that it is important to
communicate directly with our customers as much as possible during the design,
manufacturing, delivery, installation, and post-sale support. We do sell some products
through our network of affiliates when it makes the most sense for the end use
customer.
The WHP service team comprises of two field technicians, two service technicians,
and a third party contracted service company. We have the ability to deploy
personnel to five separate locations at one time, or combine a team of technicians
for larger service calls. Our technicians also communicate remotely with our
customers, answering questions and helping our customers with simple upgrades or
modifications.
After the inside or outside salesperson has refined the design to meet the
customer's needs and the order is processed, the Inside salesperson then submits
the customer's purchase order to our project management team. All orders are
initially reviewed by the salesperson who is the point of contact during the sale, then
they are submitted to project management for initial logging and to start the project
cycle. The salesperson is involved in the project hand-off and to answer any specific
questions that the customer or the project management team have prior to the start
of the project cycle.
Customer service comes through several channels, typically from project management,
warranty, sales, or web contact. Each inquiry is logged into our CS database
system by the database manager and tagged based on subject. The subject tag
initiates the team member with the best expertise to solve the customers
issue/concern. Many CS items are resolved utilizing remote communication for
example instructions on operating a temperature monitoring system would be handled
by our a technical service team member. Our initial response goal is 24 hours, with
follow-up remote service able to be conducted immediately. CS requests that involve
field service can typically be performed within two weeks, depending on complexity
and customer urgency. In rare urgent cases, we have mobilized within 24 hours for
customer service.
As a US based company, the majority of our projects fall within the United States.
As stated previously, our contractor licensing resume and ability to obtain additional
local licenses or certifications allows us to work anywhere in the United States.
The majority of the projects we provide to Canada are materials supply contracts for
installation by local professionals. We limit our current staff to work under our
licenses in the United States, but we do make available our technicians to consult on
Canadian installations either remotely or in-person at the customer's request.
Vendor Name: Jahnke & Sons Construction, Inc.
DocuSign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19
33 Identify any geographic areas of the United We are currently able to provide material products and service in all parts of the
States or Canada that you will NOT be United States and material products in Canada. We offer consultation services in
fully serving through the proposed contract. Canada for the installation portion of the project.
34 Identify any Sourcewell participating entity We currently do not have a limit on participating entity sectors.
sectors (i.e., government, education. not-for-
profit) that you will NOT be fully serving
through the proposed contract. Explain in
detail. For example. does your company
have only a regional presence. or do other
cooperative purchasing contracts limit your
ability to promote another contract?
35 Define any specific contract requirements Some of these regions require the local workforce to supply a percentage of the
or restrictions that would apply to our work on the project. If this Is the case, we would work with the customer to provide
participating entities in Hawaii and Alaska the appropriate amount of field consulting to ensure proper installation of the
and in US Territories. product(s). Labor and Freight rates will be affected in these regions also.
Table 7: Marketing Plan
Line
Item
36
37
38
39
Question
Describe your marketing strategy for
promoting this contract opportunity.
Response •' j
Each year, WHP's marketing focuses on eight main objectives:
Upload representative samples of your 1. Increase lead quality
marketing materials (if applicable) in 2. Reduce the percentage of lost sales
Increase a customer's lifetime value the document upload section of your 3.
response. 4. Improve awareness and demand around new products
New product launches
Describe your use of technology and
digital data (e.g., social media,
metadata usage) to enhance
marketing effectiveness.
In your view, what is Sourcewell's role
in promoting contracts arising out of
this RFP? How will you integrate a
Sourcewell-awarded contract into your
sales process?
Are your products or services
available through an a-procurement
ordering process? If so, describe your
a-procurement system and how
governmental and educational
customers have used it.
5.
6.
7.
8.
Increase profitability
Create new revenue
Increased brand awareness.
Partnered with the sales team, WHP attends an average of 20 trade shows each year to
obtain these objectives. Promotion of these shows is done through social media
marketing, email blasts, networking and direct paid advertisements. As a result, we see
hundreds of potential new customers each year through trade shows.
The opportunity to hold a Sourcewell contract will give us the ability to promote the
contract as a tool for customers to get the quality product they envision for their
community in a streamlined, turn-key delivery method. We understand that not all
opportunities will fit within this contract, however, out goal will be to present our Sourcewell
contract as one of the primary solutions available to them. Knowing our historic customer
base. it will give us the opportunity to introduce many more entities to the Sourcewell
name.
Currently, WHP's products are featured on Facebook, lnstagram, YouTube, and Linkedln.
We have gained followers and interacted with over 4200 customers through these outlets
since January 1, 2022. Through these outlets we promote our new customers that are
added to the WHP Family, training articles, well wishes for holidays, grant information,
partner companies, and blog entries.
As we tell our customers, we are experts in our field, just like Sourcewell is the expert in
getting their participating entities the resources they need. We have designed and
constructed over 900 projects, but we have never built the same thing twice. All of our
customers are unique and we use the historic knowledge of our past customers to help
each new customer define a solution that best fits their needs. We aren't interested in
trying to sell them the same thing we sold before. We want to listen to them and
provide them the best solution and we feel that Sourcewell's role will be to help the
participating entities understand the ease of procuring a training solution specific to their
community's needs.
We do not currently have an a-procurement platform for our products.
..
..
..
Bid Number: RFP 011822 Vendor Name: Jahnke & Sons Construction, Inc.
DocuSign Envelope ID : 2221D3EA-4FOF-46BD-9280-45C86DB7DF19
Table 8: Value-Added Attributes
Line
Item
40
41
42
43
44
45
Question
Describe any product, equipment,
maintenance, or operator training
programs that you offer to
Sourcewell participating entities.
Include details , such as whether
training is standard or optional ,
who provides training , and any
costs that apply.
Describe any technologica l
advances that your proposed
products or services offer.
Describe any "green" initiatives
that relate to your company or to
your products or services , and
include a list of the cert ifyi ng
agency for each .
Identify any third-party issued eco-
labels, ratings or certifications that
your company has received for
th e equipment or products
included in your Proposal re lated
to energy efficiency or
conserva tion , life-cycle design
(cradle-t o-cradle), or other
green/sustainability factors.
Describe any Women or Minority
Business Entity (WMBE), Small
Business Entity (SBE), or veteran
owned business cert ifications that
you r company or hub partners
have obtained. Upload
documentation of certi fi cation (as
applicable) in th e document
upload section of your response.
Wha t unique attributes does your
company, your products , or your
services offer to Sourcewell
participating entities? What makes
your proposed solutions unique in
your industry as it app lies to
Sourcewe ll participating entities?
Bid Number: RFP 01 1822
Respons e •
We list a two-day Live Fire Fixed Faci l ity Training Cou rse conducted at the customer's
training facility for up to 12 trainees. The course complies with NFPA 1403 standards . In
addition, the course will be customized to meet the specific requirements of the fire
department. This content as we ll as current prin ciples and practices associated with live
bum training will be fac il itated by a WHP Trainingtowers Training Consultant. This course
delivery will consist of the purposes and processes necessary to comply with NFPA 1403
standards to ensuring that live fire training evolutions are conducted in safe facilities with
minimal exposure to health and safety hazards for fire figh ters. This includes both
curriculum-based team ing as well as hands-on practical training in the fire department's own
fixed facility structure . This course will include a minimum of 4-hours that will consist of an
active overview including the completion of live burn tra ining evolutions and burn procedures
with the instructor in order to review practical live fire training applications specific to the
cus tomer. The textbook associated with this course is Live Fire Training: Principles and
Practice . 1st Edition. ISBN-13 : 9781284041231. WHP Train ing Towers will not supply the
textbooks as they are not required for course completion. Upon successful completion of
this course, trainers will receive a certification of course completion from WHP
Trainingtowers stating successful completion of the requirements as stated within NFPA
1403 standards. This is an optional program and costs $7,125 per sess ion and is
detailed in our pricing attachment.
Specific to our burn ro oms, we offer out Patent Pending Padgenile lnterlockTM thermal
lining system. This thermal lining system is further described i n the attached marketing
material , however the highlights of this product include reduced maintenance, highes t surface
durab ility on the market , and the best overall thermal resistance as compared to the
durability.
We also are offing our Patent Pending MODx modular fire training structures. These
structures offer a modular construction solution without the need for structural walls. This
allows the walls, windows , and doors to be interchangeable unlike other building systems
requiring fixed structural walls and sta ti onary doors and windows.
With ou r burn rooms we include a battery operated WIF I enabled tempera ture monitoring
system. This system allows for viewing and operation from up to 5 handheld devices
through the available app.
As our tra ining structures are primari ly manufactured from steel , we fo llow ini tia tives to
utilized recycled content in our raw steel products. Our initiative is relevant to the "Leaders
in Energy and Environment Design " LEED rating system.
Our Alarm Series raw structura l materials are manufactured in accordance with ISO 9001
quality standards.
Ou r Padgenite l nterlockTM raw th erma l materials are manufactured in accordance wi th ISO
900 1 quality standards
We are registered as a small business through SAM (Sy stem fo r Award Management).
We are the only provider in the industry offering the Patent Pending MODxTM , Patent
Pending Padgenite lnterlockTM , and exclusive Alarm SeriesTM products. We also offer
freight and labor for installation making this a true turn-key so lution, unique to others in the
industry. Because these products are so unique, having our company, the manufacturer,
also provide th e installation makes this a true turn-key benefit for the customer knowing they
have one point of contact throughout the process and beyond.
Vendor Name: Jahnke & Sons Construction, Inc.
DocuSign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19
Table 9A: 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 ~esponse* '•
':· ..
Item Question j '. .; ::::': I . ..
46 Do your warranties cover all products, parts, and WHP Trainingtowers carries various warranties across our line of products
labor? from 1 year to 40 years. We offer a standard 1 year labor warranty, then .
extended warranties on various materials as defined in the attached warranty
samples.
47 Do your warranties impose usage restrictions or Our warranties do require end users to operate the structure per NFPA or * other limitations that adversely affect coverage? any other state guidelines and maintain the system per the O&M manual.
48 Do your warranties cover the expense of Our labor warranties do cover all costs associated with labor including time,
technicians' travel time and mileage to perform travel, and mileage. ..
warranty repairs?
49 Are there any geographic regions of the United We have the ability to provide warranty repairs in all 50 states. We do not
States or Canada (as applicable) for which you have labor available in Canada at this time, however we do work with
cannot provide a certified technician to perform companies within Canada to ensure warranty issues are addressed in a ..
warranty repairs? How will Sourcewell timely manner.
participating entities in these regions be provided
service for warranty repair?
50 Will you cover warranty service for items made by The majority of our warranties are direct warranties from WHP
other manufacturers that are part of your proposal, Trainingtowers as the manufacturer/installer. We do have some extended
or are these warranties issues typically passed on warranties from our network of material vendors. Some vendors we have ·•
to the original equipment manufacturer? worked with for over 25 years and have a long standing relationship to
ensure warranty issues are addressed properly.
51 What are your proposed exchange and return In most cases, we will repair or replace the material in question and if it is * programs and policies? no longer available we will replace with a material of equal or greater value.
52 Describe any service contract options for the We provide an option for an annual inspection/maintenance visit which
items included in your proposal. includes labor and a small amount of stock materials for any repairs .
necessary. This item is detailed in our pricing attachment.
Bid Number: RFP 011822 Vendor Name: Jahnke & Sons Construction, Inc.
DocuSign Envelope ID: 2221 D3EA-4FOF-468D-9280-45C86DB7DF19
Table 98: Performance Standards or Guarantees
Describe in detail your performance standards or guarantees, including conditions and requirements to qualify, claims procedure, and
overall structure. You may upload representative samples of your performance materials (if applicable) in the document upload section
of your response in addition to responding to the questions below.
Line
Item
53
54
Question
Describe any performance standards or
guarantees that apply to your services
Describe any service standards or
guarantees that apply to your services
(policies, metrics, KPis, etc.)
Bid Number: RFP 011822
, .... ··. :;:--· .:· ' ''·
'· .. ' '· .. :·~. ;,::~~~; :-:.:._.;' :', :
The reason WHP Trainingtowers gravitates towards a tum-key solution centers around
our ability to control the process and provide a full guarantee to the customer. With
our direct involvement throughout the process from design to engineering and
manufacturing to installation; we take full responsibility for the success of the
project. We have been providing these services for years and our customers expect
us to stand behind our products because we are involved in every aspect of their
project. The customer has one phone call to make and we take care of the rest.
Specific standards we have in place include:
• Track each instance of reported incorrect parts/assemblies and identify if the
problem is with the CAD, tool-paths or process and amend as needed.
• Track makeup· shipments per project, then correct master packing lists, takeoff
spreadsheets or embedded CAD blocks as necessary. Review takeoff/shipping
procedures if the makeup shipments exceed .25 per project.
• Track weld/fitting re-works during QC. Do additional training if re-work
exceeds 1% of welds or one in 10 assemblies for fit-up issues.
• Track shipment requested date and date shipments are assembled for
departure. Track down where issues that cause any late shipments and adjust
Kanban limits/lead time guidelines as necessary.
• Review each project with the installer to address any shortages, fitment issues,
or design change requests.
• CNC equipment to be checked for slop, binding and squareness as
recommended by manufacturer or shop procedures. CNC operators to be trained
and cleared by the shop manager.
• Welders are certified and checked out by shop management.
Specific standards which apply to our services include:
• All installations are punch-list walked through by an in-house WHP Installation
Inspector before completion.
• Items that cause field issues more than three times shall have the installation
details reviewed and edits or re-engineering notes sent to installation
technicians/contractors.
• All shipments from WHP/vendors shall be checked and contents verified upon
delivery to prevent delays in the case of shortages.
• Shortages, fit-up issues or incorrect hardware is reported to PM for review with
the vendor or WHP shop to correct as needed.
• Any deficiency requiring a charge-back shall generate a report explaining the
specific issue, the field remedy, and a recommended correction.
Vendor Name: Jahnke & Sons Construction, Inc.
DocuS ign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19
Table 10: Paym e nt Terms and Financing Options
Line Qu estion Item
55 Descri be your payment terms and accepted payment
methods .
56 Describe any leasing or financing options available for use
by educationa l or governmental entities.
57 Describe any standard transaction documents that you
propose to use in connection with an awarded contract
(orde r forms . terms and conditions . service level
agreements , etc.). Up load a sample of each (as
applicable) in the document upload sect ion of your
response.
58 Do you accept the P-card procurement and payment
process? If so , is there any additional cost to Sourcewell
part icipating entities fo r using this process?
Bid Number: RFP 011822
Res p on se •
In general , our payment te rms are as follows, however can be
negotiable depending on cus tomer's req uirements: For materials a
deposit of 25% on the bu ilding package is due on receipt of order
(signing of contract). Ba lance of paymen t on materials due on .
delivery to site. No retention on mate rials. Labo r will be billed
monthly. Invoices not in dispute over 30 days wi ll be assessed 1 Y2
% per month on balances in excess of 30 days.
We work with lease/finance companies to provide financing options. .
These options can be quoted . as an open market line-item cost.
Once a contract is awa rded , we wi ll adhere to the terms and
conditions se t forth in the Sou rcewell contract. Individual
transactions with partici pat i ng entities can either be contracted wit h .
their PO or we can issue a written co nstruction con tract, a sample
of which has been prov ided in th e attachment section.
We are not set up fo r P-Card procurement at this lime . .
Vendor Name: Jahnke & Sons Construction , Inc.
DocuSign Envelope 10: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19
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
Item
59
60
61
62
63
64
65
66
Question ! I
Describe your pricing model (e.g., line-item discounts or
product-category discounts). Provide detailed pricing data
(including standard or list pricing and the Sourcewell
discounted price) on all of the items that you want
Sourcewell to consider as part of your RFP response. If
applicable, provide a SKU for each item in your proposal.
Upload your pricing materials (if applicable) in the
document upload section of your response.
Quantify the pricing discount represented by the pricing
proposal in this response. For example, if the pricing in
your response represents a percentage discount from
MSRP or list, state the percentage or percentage range.
Describe any quantity or volume discounts or rebate
programs that you offer.
Propose a method of facilitating "sourced" products or
related services, which may be referred to as "open
marker items or ·nonstandard options". For example, you
may supply such items "at cosr or "at cost plus a
percentage," or you may supply a quote for each such
request.
Identify any element of the total cost of acquisition that is
NOT included in the pricing submitted with your response.
This includes all additional charges associated with a
purchase that are not directly identified as freight or
shipping charges. For example, list costs for items like pre-
delivery inspection, installation, set up, mandatory training,
or initial inspection. Identify any parties that impose such
costs and their relationship to the Proposer.
If freight, delivery, or shipping is an additional cost to the
Sourcewell participating entity, describe in detail the
complete freight, shipping, and delivery program.
Specifically describe freight, shipping, and delivery terms or
programs available for Alaska, Hawaii, Canada, or any
offshore delivery.
Describe any unique distribution and/or delivery methods or
options offered in your proposal.
Bid Number: RFP 011822
Response*
We have included an overview document including our pricing
schedule. In general, we offer a 10% discount on our list pricing
for our materials items and a 5% discount for our service related
items.
We offer discounts from list pricing in the 5%-10% range.
We do not include any volume discounts or rebates at this time.
We want to make an effort to customize each building to provide a
comprehensive package that meets each customer's specific
needs. Part of that effort requires us to have the ability to source
options to be included as open market or non-standard items.
We propose the same structure off of our open market list pricing
with a 10% discount on open market materials list pricing and a
5% discount on open market service items.
Our pricing includes all materials, freight, and labor line items
necessary for the successful completion of the project. We offer a
foundation design option for the customer to utilize with their local
forces to install a foundation prior to our installation. We also
recommend concrete fill on metal floor decks in our Alarm series
for a complete installation. Some other items which we exclude,
however may not be necessary for a complete installation include
freight beyond 750 mile radius of Grandview, MO, prevailing wages,
taxes, bonds, and permits.
We offer a freight line item for each one of our materials packages
within a 750 mile radius of Grandview, MO which covers the
majority of the continental United States. We will include an open
market line item for any freight beyond this radius.
Containerization is required for most shipments to Alaska, Hawaii,
or other off-shore locations. We would containerize at our facility
and deliver the containers to the port at which our base freight line
item would be invoiced. We then would issue an open market line
item for the additional ocean freight costs associated with providing
our materials package to an off-shore location. Most Canadian
locations can still be reached by over-the-road trailer and our open
market freight line item beyond our 750 mile radius would take
effect.
In order to provide the complete turn-key solution that Sourcewell
participating entities are looking for, we are offering line items for
materials freight, and labor. Not all Sourcewell customers will want
a complete tum key solution, and by itemizing our costs into these
three line items, they can choose anywhere from materials only, all
the way to a full tum-key installation. With our great history in
providing tum-key solutions across the US, and our 25 contractor
licenses and counting, we know that our packages offer a unique
opportunity for Sourcewell participating entities to obtain a fully
designed, manufactured, and installed fire training structure. Also,
our bum room options are designed as Class A bum rooms
meaning customer's can bum combustible materials such as wood
and straw, but they would also have the option to purchase a Class
B (propane or NG fired) prop from a Gas-fired prop company for
installation within our bur room system. Our framework allows the
customer a multitude of options during the installation and post-
installation.
Vendor Name: Jahnke & Sons Construction, Inc.
DocuSign Enve l ope 10 : 2221 D3EA-4 FOF-46BD-9280-45 C86 DB7 DF1 9
Table 12: Pr icing Offe red
Lin e The Pri cing Offered in t hi s Proposal is: • Comments Ite m
67 c. be tter than the Proposer typically offers to GPOs . coopera tive procurement org anizations, or state purchasing We offe r mate rials pa ckages
dep artmen ts.
Table 13: Aud it and Adm inistrative Fe e
Li ne
Item
68
69
Qu es tion
Specifica lly describe any self-aud it process or program that yo u
plan to employ to verify compl iance wit h your proposed Contract
with Sourcewell . This process incl udes ensuring that Sourcewell
participating entities obt ain the proper pric ing , that the Ve ndor
reports all sales under the Contra ct each quarter, and that the
Vendor remits th e proper adm inistrat ive fe e to Sourcewell. Provide
sufficient detai l to sup port your ability to report qua rte rly sales to
Sourcewe ll as described in the Contract temp late.
If you are awarded a contract, provide a few examples of internal
metrics that will be tracked to measure whether you are having
success wi th the contract.
through other purchasing
organizations , however
Sourcewell's platform is
unique wi th a focus on
providing turn-key so lutions.
We understand the
opportunity for participat ing
entities to streamline thei r
project with this purchasing
platform , and we ha ve
structured our pricing to be
uniq ue to meet Sourcewell's
turn-key request. We have
structured our pri ci ng to best
meet the needs of those
participating entities looking
for a true turn-key solution
through a Sourcewell contract.
Response -
Whe n our salespeople generate a Sourcewell quote or
estimate they wi ll den ote on the quote or estimate that it is
Sourcewe ll pricing. Upon receiving a s igned quote or
pu rc hase order based on th e quote the salesperso n then
hand s the approved quote or purchase order over to project
managem ent who generates a project number or sales order
number.
On Sourcewell projects and Sourcewell sa les the orde r is
denoted fo r a projec t as Location Year-W-Proje ct Number
SOURCE
For exa mple : Kansas City , KS 21-W-911 SOURCE
For a sa les order it is denoted as Location S-Sales Order
Number Sour ce we ll Examp le: Kansas City, KS S-20526
SOURCE
Th ey are co ded with the Modifier "SOURCE" behind their
project number or sales number and wi ll be rev iewed
quarterly by jo b type.
We will use a cou ple of diffe rent metrics to track our
success with the contrac t. Fiscally we will use percen tage
of sales of Source well sales aga inst our percentage of
overa ll sales in order to track our immediate success. In
addition , we wi ll track our success rate by look ing at data
analytics associated with all of our marketi ng engagements
and social media engagement targeted specifically to
Sourcewell buye rs.
70 Identify a proposed administrative fee that you wi ll pay to We propose a fee of 1.25% of our sa les unde r the contract.
Sourcewell for faci litating , manag ing , and promoting th e Sourcewell
Contract in the event that you are awarded a Con tract. This fee
is typically ca lculated as a percentage of Vendor's sa les under the
Contract or as a per-unit fee; it is not a line-item addition to the
Member's cos t of goods . (S ee the RFP and template Contract for
add itional details.)
Bid Number : RFP 01 1822 V endor Name: Jahnke & Sons Construction, Inc.
DocuS ig n Enve lope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19
Table 14A: Depth and Breadth of Offered Eq uipment Products and Serv ices
Line
Item
71
72
Question
Provide a detai led description of the
equipment , products , and seNices that you
are offering in your proposal.
Within th is RFP category there ma y be
subcategories of sol utions. List subcategory
titles that best des cribe your products and
seNices.
Bid Number: RFP 011822
Response •
WHP Trainingtowers n.• offe rs bot h structural steel fire training tower options as well
as modu lar fire training systems in a variety of models and configurations to meet
your training needs. Our offering of standard options and models as well as custom
config uratio ns provides the ability to better control venti lation and fire suppression in
a way tha t more rea l istically mimics the challenges of today 's modern fi re
environment.
WHP TrainingtowersrM provides extensive background in the des ign, and cons truction
of fire training faci lities. Our team approach to this projec t would be to develop ,
fro m the specifications , a pre l iminary design of th e bui lding . We would then meet
with the participating entity and an y other parties identified by the participating entity
to review all aspects of the building as it pertains to tra ining operations and site
adaptation to the specific si te. From this input we would :
Deve lop working drawings for review and cha ng es as appropriate and finalize
for approval.
Develop our bu ilding submittal pac kage to present to the authority having
jurisdiction fo r app rova ls and permits.
• Prov ide a cons truction schedule input to keep the project on schedu le and
meet the completion dates.
• Provide mon thly updates on schedule and cost.
• Prov ide erection of the building .
• Prepare maintenan ce and ope rationa l manuals .
Final acceptance of the proje ct by the Owners.
We set a high standard for our bu ild ings with regard to qua lity . Our team is trained
to pay attention to minor details in the fabrication of the building and the quality of
the ma teria ls supplied . We have a check list that every crew must fo ll ow which acts
as a reminder to them of the level of quality we expect on each project. This
attention to quality is reflected in our offering a 5-y ear warranty on our structure and
40-yea rs on the paint. More importantly it is reflected in ou r sat isfied customers
and longevity of our structures. We truly mean "Bui lt to Last".
We pride ou rse lves on once a contract is exec uted, we se ldom, if ever, have
cha nge orders on a project except when the owner changes the scope of a project.
We strive to anticipate problems before w e fina lize our drawings minimizing change
orders and cost overruns . Completion of your project on time and in budget is our
number one priority.
WHP Training towe rs r"' prides itse lf on our safety record . We have had no lost time
accidents on a job site for the pas t seven years. We ha ve a written loss contro l
plan , which is applied to every projec t. We require our subcontractors to have
written safety plans and we monitor the ir activities to ensure a safe working
environment is main tained on the projects.
WHP would provide the fi re train ing building des ig n, deliver the bu il ding package ,
fo ll ow through on fina l approva l and close out of the project.
Since 1980 WHP has pro vided the Fire SeNice with more pre-engi neered fire
training buildings than any supp lier in the world. We are owned and operated by
Fire SeNice Professionals prepared to partner with you from the initial needs
assessment to acceptance of the completed product. Our success is directly tied to
your satis faction.
WHP Trainingtowers "' offers many advantages over other options on the market:
Strength -Nothing in our structu ral components is lighter than 18-gauge hot
dipped galvanized metal.
Low Maintenance -Built into the system
Safety -OSHA complian t, engineered to meet YOUR loca l building codes
• Rea lism -Designed to si mul ate "real world" condi tions
We blend a strong commitment to quality and safety with the experience to do the
job right.
As sub-categories to our fixed and modular train ing facili ties/structures, we offer the
foll owin g:
. Fre ight . Labor to install . Foundation Des ig n . Tra ining . SeNice/Maintenance . Inspections
Ven dor Name: Jahnke & Sons Construction , Inc.
DocuSign Envelope 10: 222103EA-4FOF-46BD-9280-45C86087DF19
Table 148: 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 you r proposal. Provide additional
comments in the text box p rovided , as necessary.
Line Item Category or Type Offered • Comments
73 Facilit ies , structures (fixed or mobile), equipment, r. Yes We offer both fixed and modular fire
props, supplies , and consumables . r No training facilities/structures and well as
burn rooms and roof props all as
Sou rcewell contract line items. We
can provide additional customization
though ou r open market platform.
74 Augmented or virtual reality, interactive , and digita l rYes We do not offe r augmented or virtual
simulation tech nology an d re lated software , r. No rea lity at this time.
hardwa re , or equipment.
75 Instructi ona l, educa tional , and traini ng programs or r. Yes We offer a training program adhering
systems wi th re lated materials and supplies . r No to NFPA 1403 as defined in our
atta ched proposal .
76 Services related to the offering of the so lutions r. Yes Des ign , Installation , Maintenance ,
described in RFP Sections 1. a. -c ., including r No Repair, and Training are all provided
design , installalion , maintenance , repair, training, as line items in our pricing structure.
integ ration , support , an d cus tomization. We can also assis t wi th integration of
props or components from other
vendors as we ll as customization
through our open market platform.
B id N u m ber : R F P 0 11822 Vendor Name: J ahnke & Sons Construction , Inc.
DocuSign Enve lope 10 : 222103EA-4FOF-46B0-9280-45C86087DF19
Table 15: Industry Specific Questions
Line
Item
77
78
79
80
81
Qu estion
Describe your products/services
interoperability with other public safety
equipment, software and sys tems , if
applica ble.
Des crib e your strate gy re lated to
implementation, use of in stall atio n pa rtn ers
and inte gratio n with oth er training prod ucts
and sys tems if applica bl e.
Exp lain your licensing process and service
agreements with end use rs.
Describe compliance to appli cabl e nati onal
standards such as : Natio nal Fire Protectio n
Associati on (NFPA), Occupationa l Safety
an d Hea lth Adminis tration (OS HA), and
American National Standards Institute
(ANS I).
Exp lain and provide in formation about any
design services you provide if applicab le.
Bid N umber : RF P 011822
Response •
Ou r products provide both fixed and modular s pace allowing the end user to ut il ized
the space for thei r firefighter, police , and public safety training pro grams. The end
user's equipment and techno logy can be utilized within the open spaces provided in
our fixed and modular training facilities/structures . Many of our customer add
additiona l feat ures such as Class B gas-fi red pro ps, stan dpipes, sprinkle rs, smoke
machines , etc. all avai lable through our ope n marke t purchasing structure.
As a tu rn-key des igner, man ufacturer, and ins tall er, we have the abili ty to integ rate a
mu ltitud e of options, wheth er from our open market st ru cture or with anot her ve ndor's
trai ning products. Wi th our cons tant involvem ent in our projects from start to fi nish,
we are fam ili ar wi th all differen t types of trai ning products that ca n be added during
constructio n or pos t-insta llatio n. We work to make sure our customer has th e bes t
solution for them whe ther it is from our list of market or off-market so lutions, or
integrating with another vendor's so lution.
We currently carry 25 sta te contractor licenses and including the 16 sta tes tha t do not
require a l icense , th is allows us to remain active in the majority of the states in the
co untry. We also activate other state licenses or loca l licenses if necessary for
comp letio n of the contract or service for the end user. With our Annu al Ins pectio n
and Ma in tena nce agreeme nt , we agree to bring th e training str uc ture back up to
service co ndit io n and he lp the end user ma intain compliance with NFPA 1402.
Our structures comply wit h the foll owing standards:
A. Nati onal Fi re Protection Association (NFPA)
1. NFPA 1402 -Standard on Faci lities for Fi re Training and Associated Props
2. NFPA 1403 -Standard on Live Fire Tra ining Evolutions
B. American Society for Tes ting and Mate r ia ls (ASTM)
C. AWS 01.1 -Structura l We lding Code -Steel
D. Americ an Institute of Steel Constru ction (AISC), Manual of Steel Construction ,
latest edi tio n
E. Occup ational Safety an d Hea lt h Standa rds (OSHA)
1. 29 CFR 19 10.23 -Guard in g Wa ll and Flo or Ope nings
2. 29 CFR 1910.24 -Fixe d In dus trial Sta ir s
3. 29 CFR 1910.27 -Fixed Ladders
F. Steel Deck Ins titu te (S Ol). SOl 30 -Des ign Manua l for Composi te Decks, Fo r m
De cks , Roo f Decks ; Steel Deck Institute, Inc.
It is important fo r the safety of the tra inees to mainta in comp liance with these
standards and stay informed with any potentia l changes . Rece ntly NFPA 1402 went
through a major revision causing many suppl iers to redesign the ir standa rd training
structures . WHP was ahead of th e cha nges and we had already implemented many
of the now req uired featu res into our building system. We continue to lead the
ind ustry whe n it comes to introducing new and sa fer fea tures. Also , the Pres id ent of
our compa ny is hig hl y respected in the indus try and curren tl y sits on the eva lua tion
board for NFPA 1402.
All of our ma teria ls packages incl ude design as part of the delivery. We also include
a third party engineer review and wet stamp as part of that package as defined in
our Pricing proposa l attachm ent. W e offer an optiona l foundati on design l ine item
which provides the participa ting entity an option to have us desig n the foundat ion for
their use in self-performing or hiring the founda tion installation loca lly,
Vendo r Name: Jahn ke & Sons Constr uction , Inc.
OocuSign Envel ope 10 : 2221 03EA-4FOF-46BD-9280-45C86DB7DF19
Table 16: Exceptions to Terms, Conditions, or Specifications Form
Line Item 82. NOTIC E: To identify an y exception , or to request any modification , to the Sourcew ell 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 sectio n, 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 wi ll not automatically be included in the contract.
Contract Section Term, Condition, or Specification Exception o r Proposed Modification
Documents
Ensure your s ubmission document(s) conforms to the following :
1. Do cuments in PDF format are preferred . Doc uments in Word , Excel , or compatible formats may also be provided.
2. Documents should NOT have a security password , as Sourcewe ll may not be able to open the file. It is your so le responsibi lity to
ensure that the up loaded document(s) are not either defective , corrupted or blank and that the documents can be opened and viewed
b y Sourcewe ll.
3. Sourcewell may reject any response where an y document(s) cannot be opened and vi ewed by Sourcewell.
4. If you need to upload more than one (1) document for a sing le item, you shou ld comb ine 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 su bmi ssi on form at it em responding
to. For example, if responding to the Marketing Pla n category save the document as "Marketing Plan ."
• £riQng -WHP RFP pricing and detail response 1-18-22.pdf-Tuesday January 18, 2022 10:2 5:57
• Financial Strength and Stability -JAHNKE & SONS CONSTRUCTION , INC-POE ISS UED FIN ANC IAL STATEMENTS 2020.pdf -
Tuesday January 18, 2022 11 :42 :00
• Marketing Plan /Samples -Marketing Brochures.zip - Monday January 17 , 2022 18 :20:0 1
• WMBE /MBE/SBE or Related Certificates (optiona l)
• Warranty Information -Combined Alarm , MODX, Pad genite Interlock warranties sample.pdf -Monday January 17, 2022 18:03:14
• Standard Transaction Document Samples -Sourcewell Transaction Oo cuments.z ip-Tuesda y January 18, 2022 08 :18:15
• Upload Additiona l Pocument -Sales Elowchart.jpg-Monday January 17, 2022 18:20:32
Bid Number: RFP 011822 Vendor Name: Jahnke & Sons Construction , Inc.
DocuSign Envelope 10: 2221 03EA-4FOF-46BD-9280-45C86087DF19
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 011822 Vendor Name: Jahnke & Sons Construction, Inc.
DocuSign Envelope 10: 222103EA-4FOF-46BD-9280-45C86087DF19
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.
J;; 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. -Joseph Kirchner, Executive Vice President, Jahnke and Sons Construction,
Inc. dba WHP Trainingtowers
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 r. No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.
Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.
File Name
Addendum_1_PS_ Tralnlng_Simulatlon_Eqpt_ Tech_RFP _011822
Tue December 14 2021 07:23AM
I have reviewed the
below addendum and
attachments (If
applicable)
~
Pages
2
Bid Number: RFP 011822 Vendor Name: Jahnke & Sons Construction, Inc.
Exhibit B
Memorandum
______________________________________________________________________________
To: City Council
From: City Administrator
Re: Grant Acceptance Over $25,000
For: Consent Agenda
______________________________________________________________________________
Pursuant to Section 2- 28 of the City Code, I request authority to accept the following Grant:
The name of the grantor:
US Dept of Treasury American Rescue Plan State and Local
Recovery Fund (SLFRF) Program passing through Cole
County Missouri
The amount of the grant:
$200,000
The purpose of the grant:
Fire Tower Hyde Park Project
Any matching requirements or future
obligations tied to acceptance of the grant:
GL Acct where matching funds will come
from (will be used for budget adjustment upon
grant acceptance to make budget authority in
expense acct shown below whole)
No match required.
CFDA#:
21.027
Grant Award # (if any):
n/a
City Department Responsible:
Fire Department
Employee assigned as Grant Administrator:
Matthew Schofield
Revenue account # to be amended:
10-990-430010 Federal Grants
Expense account # to be amended:
10-990-599507 Hyde Park Burn Building
Reviewed by Finance:
Please NOTE: Upon Approval of the Consent Agenda, the City Administrator may, on behalf of the city execute any
documents necessary for accepting the grant and amend the budget to reflect the acceptance of such revenue, and amend
the budget to reflect equivalent expenses so as to accomplish the purpose of such funds.
For Finance Department Use only:
Approved with Ordinance _________________; Bill ____________________ on this _______ day of _______, 20_____
Revised 8/2/16 by Ordinance 15545
SUBSTITUTE
Bill 2022-112
Exhibit C
BUDGET AMENDMENT
FISCAL YEAR 2022-2023 BUDGET
Sales Tax H Fund:
46-990-575007 Available Funds for New Fire Station Number 6 ($282,884.00)
46-990-599507 Hyde Park Burn Building $282,884.00
SUPPLEMENTAL APPROPRIATION
FISCAL YEAR 2022-2023 BUDGET
Sales Tax H Fund:
46-100-495995 Transfer From (to) Surplus $15,577.85
46-990-599507 Hyde Park Burn Building $15,577.85