HomeMy WebLinkAboutResolution - 2020-R0219 - Ennis-Flint, Contract 15335Resolution No. 2020-RO219
Item No. 7.7
July 14, 2020
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock, Service Contract No. 15335 for Traffic Paint as per
RFP 20-15335-MW, by and between the City of Lubbock and Ennis -Flint, Inc., of
Greensboro, North Carolina, and related documents. Said Contract is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the minutes
of the City Council.
Passed by the City Council on July 14, 2020
DANIEL M. POPE, MAYOR
A' TEST:
r ov
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
r
Jesica cEa hern, Assistant City Manager
APPROVED AS TO FORM:
AiLeisure, Assistant City. Attorney
ccdocs/RES.Contract 15335 Traffic Paint
June 22, 2020
Resolution No. 2020-RO219
City of Lubbock, TX
Contract for
Traffic Paint
Contract 15335
THIS CONTRACT made and entered into this 14tklay of July 2020, by and between the City of
Lubbock ("City"), and Ennis -Flint, Inc. , ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Traffic Paint and bids were received and duly
opened as required by law; and
WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized the execution,
in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Traffic
Paint.
NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial
consideration hereinafter referred to, the parties hereby covenant and agree as follows:
1. In accordance with City's specifications and Contractor's bid, copies of which are attached hereto and made
part hereof, Contractor will deliver to the City, Traffic Paint and more specifically referred to as Items 1
through 3 on the bid submitted by the Contractor or in the specifications attached hereto.
2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work
provided for in this Contract and to complete and finish the same according to the attached specifications,
offer, and terms and conditions contained herein.
3. The contract shall be for a term of one year, with the option of two, one year extensions, said date of term
beginning upon formal approval. All stated annual quantities are approximations of usage during the time
period to be covered by pricing established by this bid. Actual usage may be more or less. Order quantities
will be determined by actual need. The City of Lubbock does not guarantee any specific amount of
compensation, volume, minimum, or maximum amount of services under this bid and resulting contract. The
Contractor must maintain the insurance coverage required during the term of this contract including any
extensions. It is the responsibility of the Contractor to ensure that valid insurance is on file with the Purchasing
and Contract Management Department as required by contract or contract may be terminated for non-
compliance.
4. Prices quoted shall be set for a period for one (1) year, said date of term beginning upon City Council date of
formal approval. The rate may be adjusted upward or downward at this time at a percentage not to exceed the
effective change in Consumer Price Index (CPI) or Product Price Index (PPI), which ever is most appropriate
for the specific contract for the previous I2-months at the City's discretion, the effective change rate shall be
based on either the local or national index average rage for all items. If agreement cannot be reached, the
contract is terminated at the end of the current contract period.
5. This contract shall remain in effect until the first of the following occurs: (1) the expiration date, (2)
performance of services ordered, or (3) termination of by either party with a 30 day written notice. The City of
Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be
in the best interest of the city.
6. Contractor shall at all times bean independent contractor and not an agent or representative of City with regard
to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or
representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking
for or on behalf of City.
7. TEXAS GOVERNMENT CODE SECTION 2252.15
The Contractor (i) does not engage in business with Iran, Sudan or any foreign terrorist organization and (ii)
it is not listed by the Texas Comptroller under Section 2252.153, Texas Government Code, as a company
known to have contracts with or provide supplies or services to a foreign terrorist organization. As used in the
immediately preceding sentence, "foreign terrorist organization" shall have the meaning given such term
in Section 2252.15 ] , Texas Government Code.
S. TEXAS PUBLIC INFORMATION ACT
The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and
the contractor or vendor agrees that the contract can be terminated if the contractor or vendor
knowingly or intentionally fails to comply with a requirement of that subchapter.
To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to:
(1) preserve all contracting information related to the contact as provided by the records retention requirements
applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental
body any contracting information related to the contract that is in the custody or possession of the entity on
request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the
governmental body all contracting information related to the contract that is in the custody or possession of the
entity; or (B) preserve the contracting information related to the contract as provided by the records retention
requirements applicable to the governmental body.
9. HB 89
The Contractor warrants that it complies with Chapter 2270.001 of the Texas Government Code by verifying
that:
(1) The Contractor does not boycott Israel; and
(2) The Contractor will not boycott Israel during the term of the Agreement.
Pursuant to Section 2270.001, Texas Government Code:
1. "Boycott Israel" means refusing to deal with, terminating business activities with,
or otherwise taking any action that is intended to penalize, inflict economic
harm on, or limit commercial relations specifically with Israel, or with a
person or entity doing business in Israel or in an Israeli -controlled territory, but
does not include an action made for ordinary business purposes; and
2. "Company" means a for profit sole proprietorship, organization, association,
corporation, partnership, joint venture, limited partnership, limited liability
partnership, or any limited liability company, including a wholly owned
subsidiary, majority -owned subsidiary, parent company or affiliate of those
entities or business associations that exist to make a profit.
10. This Contract consists of the following documents set forth herein; Invitation to Bid No. 20-15335-MW,
Specifications, and the Bid Form.
-----INTENTyONALLY LEFT BLANK-----
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first
above written. Executed in triplicate.
CITY OF LUBB K
Daniel M. Pope, Mayor
ATTI T:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Shannon Owens, Traffic Operations
APO ED AS O FORM:
r
lli Leisure, Assistant City Artorney
CONTRACTOR
BY�
Authorized Representative
Brian Robbins
Print Name
4161 Piedmont Parkway Suite 370
Address
Greensboro, NC 27410
City, State, Zip Code
BID FORM
City of Lubbock, TX
Purchasing and Contract Management
Traffic Paint
ITB No. 20-1E5335-MW
In compliance with the Invitation to Bid 20-15335-MW, the undersigned Bidder having examined the Invitation to Bid and
Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material,
equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations
and for the prices set forth on this form. A bid will be subject to being considered irregular and may be rejected if it shows
omissions, alterations of form, conditional alternate bids, additions or alternates in lieu of the items specified, if the unit
prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. The
Invitation to Bid 20-15335-MW is by reference incorporated in this contract. The Bid Form must be completed in blue or
black ink or by typewriter.
ITEM
QTY
(+/-)
UOM
UNIT PRICE*
EXTENDED
COST
"Delivery
a
DESCRIPTION
(b)
b
days ARO
1
2,200
GAL
White traffic paint per specifications
$9,75/GL
$21,450.00
10-14
Business Day
2
2,200
GAL
Yellow traffic paint per specifications
$9.99/GL
$21,978.00
10-14 Busine
3
100
GAL
Black traffic paint per specifications
$975.00
10-14 Busine
Days
$9.75/GL
Total (Items 1- 3)
$ 44,403.00
*PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed **Days After Receipt of Order (ARO)
Unless otherwise specified herein, the City may award the bid either item -by —item or on an all -or -none basis for any
item or group of items shown on the bid.
The City of Lubbock is seeking a contract for with one or more contractors. In order to assure adequate coverage, the
City may make multiple awards, selecting multiple vendors to provide the products desired, if multiple awards are in
the best interest of the City. A decision to make a multiple award of this Bid, however, is an option reserved by the
City, based on the needs of the City.
PAYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of --E—%, net_ calendar days.
Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will
be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or
after the date of acceptance, whichever event occurs Iater. Discounts for prompt payment requiring payment by the City
within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date
of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event
occurs later. Discounts for payment in less than ten days will not be considered.
MOST FAVORED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone
else, including its most favored customer, for like quality and quantity of the products/services; does not include an element
of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and
quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the
supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or
better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the
lower price(s) on all deliveries made during the period in which such lower price(s) is effective.
s Days
INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the
State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as
provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at
the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if
he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other
governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions,
specifications, and pricing would apply?
Other governmental entities that might have interests in this contract are Frenship Independent School District,
Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School
District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal
Power Agency, Lynn County, and City of Wolfforth.
YES X NO
• If you (the bidder) checked YES, the following will apply:
• Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be
eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation.
All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental
entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental
entity's debts. Each governmental entity will order their own materials/service as needed.
THIS BID IS SUBMITTED BY Ennis -Flint, Inc. a corporation organized under the laws of the State of
North Carolina , or a partnership consisting of N/a or individual trading as
.__...N/a .. of the City of _Greensboro
Firm: Ennis -Flint, Inc.
Address: 4161 Piedmont Parkway, Suite 370
City: Greensboro _ State: North Carolina Zip. 2741D
Bidder acknowledges receipt of the following addenda:
Addenda No. Addenda No.
Date Date
M/WBE Firm:l I Woman
American
Addenda No. _
Date
Black American
Asian Pacific At
Addenda No.
Date
Native American
Other (Soecifv)
By — ate:_ ..6-1-2020
Authorized Representative - must sign by hand
Officer Name and Title: Brian Robbins
Please Print
Business Telephone Number 800-331-8118
E-mail Address: Contracts@ennisflint.com
FAX: 336-218-6746
FOR CITY USE ONLY
Bid Form Item Number(s) Awarded to Above Named Firm/Individual:
Date of Award by City Council (for bids over $50, 000): Date P.O./Contract Issued:
RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS.
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND
TIME, AND YOUR COMPANY NAME AND ADDRESS.
City of Lubbock, TX
Purchasing and Contract Management
ffB 20-15335-MW
Traffic Paint
Specifications
1. Scope — The City of Lubbock is seeking bids for traffic marking paint for city streets.
2. General Requirements —
a. Paint shall meet Federal Specification TT-P-1952F Type I1, Fast Dry, 100% acrylic water -borne,
lead free traffic marking paint.
b. Paint is for city street striping and must be suitable for use on concrete and asphalt surfaces.
c. White and Yellow paint shall be shipped in 55 gallon drums. Drums will be shipped on pallets,
4 drums per pallet, shrink wrapped, and on a flatbed truck, for side unloading.
d. Black paint shall be shipped in 5 gallon sealed containers.
e. Color match:
i. Yellow paint shall be an appropriate color match to Federal Standard 595 color number
33538.
ii. White paint shall be an appropriate color match to Federal Standard 595 color number
37925
iii. Black paint shall be an appropriate color match to Federal Standard 595 color number
37038.
f. All paint shall be delivered within fourteen days of receipt of purchase order. Supplier must
certify specifications on outside of each container. MSDS sheets must come with each shipment.
3. Requested Quantities
a. Yellow Paint — 2,200 gallons
b. White Paint — 2,200 gallons
c. Black Paint-100 gallons
4. Terms and Conditions
a. The supply agreement shall be for a term of one year with the option to renew for two additional
one-year extensions said date of term beginning upon formal approval. The contract shall remain
in effect until the expiration date, performance of services ordered, or termination of by either
party with a thirty (30) day written notice.
b. All quantities shall be on a "more or less" basis.
5. Delivery Terms
a. Price must include all delivery charges to:
City of Lubbock Traffic Operations Markings Shop
306 Municipal Drive
Lubbock, TX 79403
Attn: Luis Carrillo
Telephone 806-775-2140
Email: lcarrilloii6n y l ubbock. us
Delivery Hours:
Monday -Thursday 8:00 am to 5:00 pm
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
loft
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete NOS. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2020-625613
Ennis -Flint, Inc
Greensboro, NC United States
Date Filed:
06/01/2020
2 Name of governmental entity or state agency that is a party tot the contract for which the form is
being filed.
City of Lubbock ]Date
Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
20-15335-MW
Manufacture and supply of Traffic Safety Paint
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is Brian Robbins and my date of birth is
My address is4161 Piedmont Parkway, Suite 370 Greensboro NC , 27410 USA .
(street) (city) (state) (zip code) (country)
I declare under penalty of pequry that the foregoing is true and correct.
Executed in _ Guilford County _ County, State of North Carolina , on the list day of June 2020
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.PthiCS_S1atP..tx.I1S Vorcinn V1 1 aafinafTri
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of.1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2020-625613
Ennis -Flint, Inc
Greensboro, NC United States
Date Filed:
06/01/2020
2
Name of government entity or state agency that is a party tot the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
06/18/2020
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
20-15335-MW
Manufacture and supply of Traffic Safety Paint
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
5
Check only if there is NO Interested Party.
X
6
UNSWORN DECLARATION
My name is and my dale of birth is
my address is
(street) (, ty) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
fDe=iarant)
Forms
provided by Texas Fthics Cnmmissinn VJww Pthircctnta tY ue vnrctnn vI 1 QnAant7A
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5/7/2020
Passed
Initial Internal Review by Purchasing v.1
Approved
Yes
c5f6655f-1 a 13-4729-b8d8-977a81 e816d
6
Started
517/2020
Started
6/2312020
Passed
6/23/2020
signed contract
Skipped
6/23/2020
nr
Skipped
6/23/2020
signed reso
Skipped
Initial Approvals v.1 Approved
SKIP: ( By: Marta Alvarez)
SKIP: ( By: Marta Alvarez)
SKIP: ( By: Marta Alvarez)
Submittal —Received
eb3d68f4-a5d0-41 dd-b847-4bb52f70b53
b
6/2312020
Passed
6/23/2020
Passed
$79,334.36
$55,000.00
Plan workflow step action text:
(Completeness Check)
$79,334.36
$55,000.00
Plan workflow step action text:
(Completeness Check)
$79,334.36
$55,000.00
Plan (PUR-2020-15335)
$79.334.36
$55,000.00
Plan (PUR-2020-15335)
$79,334.36
$55,000.00
Plan (PUR-2020-15335)
$79,334.36
$55,000.00
Plan workflow step text: (Initial Approvals)
$79,334.36
$55,000.00
Plan submittal text:(5/7/2020)
$79,334.36
$65,000.00
Plan workflow step action text: (Risk
Management Coordinator)
$79,334.36
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Plan workflow step action text: (Risk
Management Coordinator)
$79,334.36
$55,000.00
Plan workflow step text: (Initial Approvals)
$79,334.36
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Plan workflow step text: (Initial Approvals)
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Head)
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Head)
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Plan workflow step action text: (Department
Head)
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Plan workflow step action text: (Facilities)
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Plan workflow step action text: (Assistant City
Manager/CFO)
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Manager/CFO)
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Manager/CFO)
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Plan (PUR-2020-15335)
$79,334.36
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signed contract
$79,334.36
$55,000.00
nr
$79,334.36
$55,000.00
signed reso
$79,334.36
$55,000.00
Plan(PUR-2020-15335)
$79,334.36
$55,000.00
Plan (PUR-2020-15335)
$79,334.36
$55,000.00
Plan workflow step text: (Completion of
Contract Details)
$79,334.36
$55,000.00
Plan workflow step text: (Completion of
Contract Details)
$79,334.36
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Plan workflow step action text: (Upload
Contract)
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Plan workflow step action text: (Upload
Contract)
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Cheryl Brock
Changed On
Description
Before
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Current Balance
Cost of Good/Services
Additional Info
06/2312020
Approved User ID
[none]
Brock, Cheryl
$79,334.36
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Item Review (Budget Director)
06/23/2020
Completed
No
Yes
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Complete Date
[none]
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Item Review Status ID
Under Review
Approved
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Item Review (Budget Director)
06123/2020
Passed
No
Yes
$79,334.36
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Item Review (Budget Director)
06/23/2020
StatusChangedDate
[none]
6/23/2020
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Item Review (Budget Director)
Lainey Morrison
Changed On
Description
Before
After
Current Balance
Cost of Good/Services
Additional Info
05/11/2020
Attachment added
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Attachment (15335 ins req no ins.pdf)
05/11/2020
Approved User ID
[none]
Morrison, Lainey
$79,334.36
$55,000.00
Item Review (Risk Management Coordinator)
05/11/2020
Completed
No
Yes
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05/11/2020
Complete Date
[none]
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Under Review
Approved
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Item Review (Risk Management Coordinator)
05/11/2020
Passed
No
Yes
$79,334.36
$55,000.00
Item Review (Risk Management Coordinator)
05/11/2020
StatusChangedDate
[none]
5/11/2020
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$55,000.00
Item Review (Risk Management Coordinator)
Lee Sonnenberg
Changed On
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Plan (PUR-2020-15335)
Marta Alvarez
Changed On
Description
Before
After
Current Balance
Cost of Good/Services
Additional Info
05/07/2020
AssignedTo
Alvarez, Marta
Winter, Misty
$79,334.36
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Plan (PUR-2020-15335)
05/07/2020
Geo Rules Caller Type
None
Submittal —Received
$79,334.36
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Plan (PUR-2020-15335)
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Workflow Status
Not Started
Started
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Plan workflow step text: (Initial Internal
Review by Purchasing)
05/07/2020
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Plan submittal text: (51712020)
05/07/2020
Start Date
[none]
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(Completeness Check)
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[none]
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$79,334.36
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Review by Purchasing)
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