HomeMy WebLinkAboutContract 54776 CSC No.54776
FORT WORTH
CITY OF FORT WORTH
COOPERATIVE PURCHASE
This Cooperative Purchase ("Coop Purchase") reflects the agreement between the City of
Fort Worth, ("City"), a Texas home rule municipal corporation and Crimson Construction
Management, LLC, a Texas limited liability company, ("Vendor") to purchase roofing services
under a cooperative agreement.
The Coop Purchase includes the following documents (collectively, Cooperative
Documents")which shall be construed in the order of precedence in which they are listed:
1. Schedule A—Fort Worth Terms and Conditions ("Fort Worth Agreement");
2. Schedule B—The Interlocal Purchasing System(TIPS)RSCP 180702 Roofing
(JOC)
3. Schedule C — TIPS 180702 Pricing Form — Crimson Construction Management,
LLC
4. Schedule D—Conflict of Interest Questionnaire.
All the Schedules which are attached hereto and incorporated herein are made a part of this
Coop Purchase for all purposes. In the event of a conflict between the Schedules the Fort Worth
Agreement shall control,but only to the extent allowable under the Cooperative Contract.
The maximum amount to be paid to the Vendor for all services performed and goods
purchased hereunder shall not exceed eight million five hundred thousand ($8,500,000.00) per
year.
The Coop Purchase shall become effective upon the signing of the Coop Purchase by an
Assistant City Manager of the City (the "Effective Date") and shall expire September 30, 2021
(the Expiration Date") unless terminated earlier in accordance with the provisions of the
Agreement or otherwise extended by the parties.
The undersigned represents and warrants that he or she has the power and authority to
execute this Coop Purchase and the Cooperative Documents and bind the Vendor.
(signature page follows)
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Cooperative Purchase Page 1 of 2
Executed effective as of the date signed by the Assistant City Manager below.
FORT WORTH:
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring and
Dana Buranda-ff administration of this contract, including
By: Dana Burghdoff(Nov 2,202011:32CST) ensuring all performance and reporting
Name: Dana Burghdoff
Title: Assistant City Manager requirements, but only for work through
Property Management Department Facilities
Date: Division that is done with my personal
approval prior to ordering services.
Approval Recommended:
&491/2 G'0040 By: &"4 4d
By: Steve Cooke(Oct 21,202016:33 CDT) Name: Brenda Midgett
Name: Steve Cooke Title: Sr. Administrative Assistant
Title: Property Management Director
�.a4n4nn� Approved as to Form and Legality:
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Attest: a A.0 0 oto
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By: JB Strong(Nov ,202016:o7CST)
By: '' (�/ Name: John B. Strong
Name: Mary Kayser Title: Assistant City Attorney
Title: City Secretary
Contract Authorization:
M&C: P-12260 10/16/2018
VENDOR:
Crimson Construction Management, LLC
By: "&4�e
Name: Brandon Rodriguez
Title: Owner
Date: 10/20/2020
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Cooperative Purchase Page 2 of 2
6 k4,
Schedule A
FORT WORTH,
1. Termination.
1.1. Convenience.Either the City or Vendor may terminate this Agreement at any time
and for any reason by providing the other party with 30 days written notice of termination.
1.2. Breach. If either party commits a material breach of this Agreement, the non-
breaching Party must give written notice to the breaching party that describes the breach in
reasonable detail. The breaching party must cure the breach ten(10)calendar days after receipt of
notice from the non-breaching party,or other time frame as agreed to by the parties.If the breaching
party fails to cure the breach within the stated period of time, the non-breaching party may, in its
sole discretion, and without prejudice to any other right under this Agreement, law, or equity,
immediately terminate this Agreement by giving written notice to the breaching party.
1.3. Fiscal Funding Out. In the event no funds or insufficient funds are appropriated by
the City in any fiscal period for any payments due hereunder, the City will notify Vendor of such
occurrence and this Agreement shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to the City of any kind whatsoever,except
as to the portions of the payments herein agreed upon for which funds have been appropriated.
1.4. Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date,the City shall pay Vendor for services actually rendered up
to the effective date of termination and Vendor shall continue to provide the City with services
requested by the City and in accordance with this Agreement up to the effective date of termination.
Upon termination of this Agreement for any reason,Vendor shall provide the City with copies of
all completed or partially completed documents prepared under this Agreement.In the event Vendor
has received access to City information or data as a requirement to perform services hereunder,
Vendor shall return all City provided data to the City in a machine readable format or other format
deemed acceptable to the City.
2. Disclosure of Conflicts and Confidential Information.
2.1. Disclosure of Conflicts. Vendor hereby warrants to the City that Vendor has made
full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement.In the event that any conflicts of interest arise after the Effective Date of this
Agreement,Vendor hereby agrees immediately to make full disclosure to the City in writing.
2.2. Confidential Information. The City acknowledges that Vendor may use products,
materials, or methodologies proprietary to Vendor. The City agrees that Vendor's provision of
services under this Agreement shall not be grounds for the City to have or obtain any rights in such
proprietary products, materials, or methodologies unless the parties have executed a separate
written agreement with respect thereto. Vendor, for itself and its officers, agents and employees,
agrees that it shall treat all information provided to it by the City ("City Information") as
confidential and shall not disclose any such information to a third party without the prior written
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Schedule A
approval of the City.
2.3. Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act. In the event there is a request for information marked Confidential or Proprietary,
City shall promptly notify Seller. It will be the responsibility of Seller to submit reasons objecting
to disclosure.A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
2.4. Unauthorized Access.Vendor shall store and maintain City Information in a secure
manner and shall not allow unauthorized users to access,modify, delete or otherwise corrupt City
Information in any way.Vendor shall notify the City immediately if the security or integrity of any
City information has been compromised or is believed to have been compromised,in which event,
Vendor shall, in good faith, use all commercially reasonable efforts to cooperate with the City in
identifying what information has been accessed by unauthorized means and shall fully cooperate
with the City to protect such information from further unauthorized disclosure.
3. Right to Audit.
3.1. Vendor agrees that the City shall,until the expiration of three(3)years after final
payment under this Agreement, have access to and the right to examine at reasonable times any
directly pertinent books, documents, papers and records of the Vendor involving transactions
relating to this Agreement at no additional cost to the City.Vendor agrees that the City shall have
access during normal working hours to all necessary Vendor facilities and shall be provided
adequate and appropriate work space in order to conduct audits in compliance with the provisions
of this section. The City shall give Vendor not less than 10 days written notice of any intended
audits.
3.2. Vendor further agrees to include in all its subcontractor agreements hereunder a
provision to the effect that the subcontractor agrees that the City shall,until expiration of three(3)
years after final payment of the subcontract,have access to and the right to examine at reasonable
times any directly pertinent books,documents,papers and records of such subcontractor involving
transactions related to the subcontract, and further that City shall have access during normal
working hours to all subcontractor facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this paragraph.City shall give
subcontractor not less than 10 days written notice of any intended audits.
4. Independent Contractor. It is expressly understood and agreed that Vendor shall operate as
an independent contractor as to all rights and privileges granted herein, and not as agent,representative or
employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement,
Vendor shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its officers, agents, servants, employees, contractors and
subcontractors. Vendor acknowledges that the doctrine of respondeat superior shall not apply as between
the City, its officers,agents, servants and employees,and Vendor,its officers,agents,employees, servants,
contractors and subcontractors. Vendor further agrees that nothing herein shall be construed as the creation
of a partnership or joint enterprise between City and Vendor. It is further understood that the City shall in
no way be considered a Co-employer or a Joint employer of Vendor or any officers, agents, servants,
employees or subcontractors of Vendor. Neither Vendor, nor any officers, agents, servants, employees or
subcontractors of Vendor shall be entitled to any employment benefits from the City. Vendor shall be
responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its
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Schedule A
officers,agents, servants,employees or subcontractors.
5. LIABILITY AND INDEMNIFICATION.
5.1. LIABILITY - VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR
ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR
CHARACTER,WHETHER REAL OR ASSERTED,TO THE EXTENT CAUSED BY THE
NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL
MISCONDUCT OF VENDOR,ITS OFFICERS,AGENTS, SERVANTS OR EMPLOYEES.
5.2. INDEMNIFICATION - VENDOR HEREBY COVENANTS AND AGREES
TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL
CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED
DAMAGE OR LOSS TO BUSINESS, AND ANY RESULTING LOST PROFITS),
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, AND
DAMAGES FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT,
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,TO THE EXTENT
CAUSED BY THE ACTS OR OMISSIONS OF VENDOR, ITS OFFICERS, AGENTS,
SUBCONTRACTORS, SERVANTS OR EMPLOYEES.
5.3. INTELLECTUAL PROPERTY INFRINGEMENT.
5.3.1. The Vendor warrants that all Deliverables, or any part thereof,
furnished hereunder, including but not limited to: programs, documentation,
software,analyses,applications,methods,ways,and processes(in this Section 8C each
individually referred to as a"Deliverable" and collectively as the"Deliverables,")do
not infringe upon or violate any patent,copyrights,trademarks,service marks,trade
secrets, or any intellectual property rights or other third party proprietary rights,in
the performance of services under this Agreement.
5.3.2. Vendor shall be liable and responsible for any and all claims made
against the City for infringement of any patent, copyright,trademark, service mark,
trade secret, or other intellectual property rights by the use of or supplying of any
Deliverable(s)in the course of performance or completion of,or in any way connected
with providing the services, or the City's continued use of the Deliverable(s)
hereunder.
5.3.3. Vendor agrees to indemnify, defend, settle, or pay, at its own cost and
expense, including the payment of attorney's fees, any claim or action against the
City for infringement of any patent, copyright, trade mark, service mark, trade
secret, or other intellectual property right arising from City's use of the
Deliverable(s), or any part thereof, in accordance with this Agreement, it being
understood that this agreement to indemnify, defend, settle or pay shall not apply if
the City modifies or misuses the Deliverable(s). So long as Vendor bears the cost and
expense of payment for claims or actions against the City pursuant to this section 8,
Vendor shall have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such
claim; however, City shall have the right to fully participate in any and all such
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Schedule A
settlement, negotiations, or lawsuit as necessary to protect the City's interest, and
City agrees to cooperate with Vendor in doing so. In the event City, for whatever
reason,assumes the responsibility for payment of costs and expenses for any claim or
action brought against the City for infringement arising under this Agreement, the
City shall have the sole right to conduct the defense of any such claim or action and
all negotiations for its settlement or compromise and to settle or compromise any such
claim; however,Vendor shall fully participate and cooperate with the City in defense
of such claim or action. City agrees to give Vendor timely written notice of any such
claim or action, with copies of all papers City may receive relating thereto.
Notwithstanding the foregoing,the City's assumption of payment of costs or expenses
shall not eliminate Vendor's duty to indemnify the City under this Agreement. If the
Deliverable(s), or any part thereof,is held to infringe and the use thereof is enjoined
or restrained or, if as a result of a settlement or compromise, such use is materially
adversely restricted, Vendor shall, at its own expense and as City's sole remedy,
either: (a) procure for City the right to continue to use the Deliverable(s); or (b)
modify the Deliverable(s) to make them/it non-infringing, provided that such
modification does not materially adversely affect City's authorized use of the
Deliverable(s);or(c)replace the Deliverable(s)with equally suitable,compatible,and
functionally equivalent non-infringing Deliverable(s)at no additional charge to City;
or(d)if none of the foregoing alternatives is reasonably available to Vendor,terminate
this Agreement, and refund all amounts paid to Vendor by the City, subsequent to
which termination City may seek any and all remedies available to City under law.
VENDOR'S OBLIGATIONS HEREUNDER SHALL BE SECURED BY THE
REQUISITE INSURANCE COVERAGE AND AMOUNTS SET FORTH IN
SECTION 10 OF THIS AGREEMENT.
6. Assignment and Subcontracting.
6.1. Vendor shall not assign or subcontract any of its duties,obligations or rights under
this Agreement without the prior written consent of the City. If the City grants consent to an
assignment, the assignee shall execute a written agreement with the City and the Vendor under
which the assignee agrees to be bound by the duties and obligations of Vendor under this
Agreement.The Vendor and assignee shall be jointly liable for all obligations under this Agreement
prior to the assignment. If the City grants consent to a subcontract,the subcontractor shall execute
a written agreement with the Vendor referencing this Agreement under which the subcontractor
shall agree to be bound by the duties and obligations of the Vendor under this Agreement as such
duties and obligations may apply. The Vendor shall provide the City with a fully executed copy of
any such subcontract.
7. Insurance.
7.1. The Vendor shall carry the following insurance coverage with a company that is
licensed to do business in Texas or otherwise approved by the City:
7.1.1. Commercial General Liability:
7.1.1.1. Combined limit of not less than $2,000,000 per occurrence;
$4,000,000 aggregate; or
7.1.1.2. Combined limit of not less than $1,000,000 per occurrence;
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Schedule A
$2,000,000 aggregate and Umbrella Coverage in the amount of $4,000,000.
Umbrella policy shall contain a follow-form provision and shall include coverage
for personal and advertising injury.
7.1.1.3. Defense costs shall be outside the limits of liability.
7.1.2. Automobile Liability Insurance covering any vehicle used in providing
services under this Agreement, including owned, non-owned, or hired vehicles, with a
combined limit of not less than$1,000,000 per occurrence.
7.1.3. Professional Liability(Errors & Omissions) in the amount of$1,000,000
per claim and$1,000,000 aggregate limit.
7.1.4. Statutory Workers' Compensation and Employers' Liability Insurance
requirements per the amount required by statute.
7.1.5. Technology Liability(Errors&Omissions)
7.1.5.1. Combined limit of not less than $2,000,000 per occurrence;
$4million aggregate or
7.1.5.2. Combined limit of not less than $1,000,000 per occurrence;
$2,000,000 aggregate and Umbrella Coverage in the amount of $4,000,000.
Umbrella policy shall contain a follow-form provision and shall include coverage
for personal and advertising injury. The umbrella policy shall cover amounts for
any claims not covered by the primary Technology Liability policy.Defense costs
shall be outside the limits of liability.
7.1.5.3. Coverage shall include,but not be limited to,the following:
7.1.5.3.1. Failure to prevent unauthorized access;
7.1.5.3.2. Unauthorized disclosure of information;
7.1.5.3.3. Implantation of malicious code or computer
virus;
7.1.5.3.4. Fraud, Dishonest or Intentional Acts with final
adjudication language;
7.1.5.3.5. Intellectual Property Infringement coverage,
specifically including coverage for intellectual property infringement
claims and for indemnification and legal defense of any claims of
intellectual property infringement, including infringement of patent,
copyright, trade mark or trade secret, brought against the City for use of
Deliverables, Software or Services provided by Vendor under this
Agreement;
7.1.5.3.6. Technology coverage may be provided through
an endorsement to the Commercial General Liability (CGL) policy, a
separate policy specific to Technology E&O, or an umbrella policy that
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Schedule A
picks up coverage after primary coverage is exhausted.Either is
acceptable if coverage meets all other requirements. Technology coverage
shall be written to indicate that legal costs and fees are considered outside
of the policy limits and shall not erode limits of liability. Any deductible
will be the sole responsibility of the Vendor and may not exceed$50,000
without the written approval of the City. Coverage shall be claims-made,
with a retroactive or prior acts date that is on or before the effective date
of this Agreement. Coverage shall be maintained for the duration of the
contractual agreement and for two (2) years following completion of
services provided. An annual certificate of insurance,or a full copy of the
policy if requested, shall be submitted to the City to evidence coverage;
and
7.1.5.3.7. Any other insurance as reasonably requested by
City.
7.2. General Insurance Requirements:
7.2.1. All applicable policies shall name the City as an additional insured
thereon, as its interests may appear. The term City shall include its employees, officers,
officials,agents,and volunteers in respect to the contracted services.
7.2.2. The workers' compensation policy shall include a Waiver of Subrogation
(Right of Recovery)in favor of the City of Fort Worth.
7.2.3. A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage shall be provided to the City. Ten(10)days' notice shall be acceptable
in the event of non-payment of premium. Notice shall be sent to the Risk Manager, City
of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102, with copies to the City
Attorney at the same address.
7.2.4. The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A-VII in the
current A.M.Best Key Rating Guide,or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management. If the rating is below that required,
written approval of Risk Management is required.
7.2.5. Any failure on the part of the City to request required insurance
documentation shall not constitute a waiver of the insurance requirement.
7.2.6. Certificates of Insurance evidencing that the Vendor has obtained all
required insurance shall be delivered to and approved by the City's Risk Management
Division prior to execution of this Agreement.
8. Compliance with Laws,Ordinances,Rules and Regulations. Vendor agrees to comply with
all applicable federal, state and local laws,ordinances,rules and regulations. If the City notifies Vendor of
any violation of such laws, ordinances, rules or regulations, Vendor shall immediately desist from and
correct the violation.
9. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
subcontractors and successors in interest,as part of the consideration herein,agrees that in the performance
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Schedule A
of Vendor's duties and obligations hereunder, it shall not discriminate in the treatment or employment of
any individual or group of individuals on any basis prohibited by law. If any claim arises from an alleged
violation of this non-discrimination covenant by Vendor, its personal representatives, assigns,
subcontractors or successors in interest,Vendor agrees to assume such liability and to indemnify and defend
the City and hold the City harmless from such claim.
10. Notices. Notices required pursuant to the provisions of this Agreement shall be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission, or(3)received by the other party by United States Mail,registered,return receipt requested,
addressed as follows:
TO THE CITY: TO VENDOR:
City of Fort Worth Crimson Construction Management,LLC
Attn:Assistant City Manager Attn: Brandon Rodriguez
200 Texas Street 4854 Olson Drive
Fort Worth TX 76102 Dallas,TX 75227
Facsimile: (817)392-8654 Facsimile: 972-818-5051
With Copy to the City Attorney
at same address
11. Solicitation of Employees. Neither the City nor Vendor shall, during the term of this
Agreement and additionally for a period of one year after its termination,solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement,without the prior written consent of the person's employer.This provision
shall not apply to an employee who responds to a general solicitation or advertisement of employment by
either party.
12. Governmental Powers. It is understood and agreed that by execution of this Agreement,
the City does not waive or surrender any of its governmental powers.
13. No Waiver. The failure of the City or Vendor to insist upon the performance of any term
or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the
City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any
future occasion.
14. Governing Law and Venue. This Agreement shall be construed in accordance with the laws
of the State of Texas. If any action,whether real or asserted, at law or in equity, is brought on the basis of
this Agreement,venue for such action shall lie in state courts located in Tarrant County,Texas or the United
States District Court for the Northern District of Texas,Fort Worth Division.
15. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable,the validity,legality and enforceability of the remaining provisions shall not in any way be
affected or impaired.
16. Force Majeure. The City and Vendor shall exercise their best efforts to meet their
respective duties and obligations as set forth in this Agreement,but shall not be held liable for any delay or
omission in performance due to force majeure or other causes beyond their reasonable control (force
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Schedule A
majeure),including,but not limited to,compliance with any government law,ordinance or regulation,acts
of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor
restrictions by any governmental authority,transportation problems and/or any other similar causes.
17. Headings Not Controlling. Headings and titles used in this Agreement are for reference
purposes only and shall not be deemed a part of this Agreement.
18. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed
this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved
against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto.
19. Amendments. No amendment of this Agreement shall be binding upon a party hereto
unless such amendment is set forth in a written instrument, and duly executed by an authorized
representative of each party.
20. Entirety of Agreement. This Agreement, including any exhibits attached hereto and any
documents incorporated herein by reference, contains the entire understanding and agreement between the
City and Vendor, their assigns and successors in interest, as to the matters contained herein.Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with
any provision of this Agreement.
21. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart shall,for all purposes,be deemed an original,but all such counterparts shall together constitute
one and the same instrument.An executed Agreement,modification,amendment,or separate signature page
shall constitute a duplicate if it is transmitted through electronic means, such as fax or e-mail, and reflects
the signing of the document by any party. Duplicates are valid and binding even if an original paper
document bearing each party's original signature is not delivered.
22. Warranty of Services. Vendor warrants that its services will be of a professional quality
and conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty(30) days from the date that the services are completed. In such event, at Vendor's
option,Vendor shall either(a)use commercially reasonable efforts to re-perform the services in a manner
that conforms with the warranty, or(b) refund the fees paid by the City to Vendor for the nonconforming
services.
23. Network Access.
23.1. City Network Access. If Vendor, and/or any of its employees, officers, agents,
servants or subcontractors(for purposes of this section"Vendor Personnel"),requires access to the
City's computer network in order to provide the services herein,Vendor shall execute and comply
a Network Access Agreement.
23.2. Federal Law Enforcement Database Access. If Vendor, or any Vendor Personnel,
requires access to any federal law enforcement database or any federal criminal history record
information system, including but not limited to Fingerprint Identification Records System
("FIRS"),Interstate Identification Index System("III System"),National Crime Information Center
("NCIC") of National Fingerprint File ("NFF"), or Texas Law Enforcement Telecommunications
Systems ("TLETS"), that is governed by and/or deemed in Title 28, Code of Federal Regulations
Part 20 ("CFR Part 20"), for the purpose of providing services for the administration of criminal
justice as defined therein on behalf of the City or the Fort Worth Police Department, under this
Agreement, Vendor shall comply with the Criminal Justice Information Services Security Policy
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Schedule A
and CFR Part 20, as amended, and shall separately execute the Federal Bureau of Investigation
Criminal Justice Information Services Security Addendum.No changes,modifications,alterations,
or amendments shall be made to the Security Addendum. The document must be executed as is,
and as approved by the Texas Department of Public Safety and the United States Attorney General.
24. Immigration Nationality Act. Vendor shall verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form(I-9). Upon request by City,Vendor shall provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. City, upon written notice to Vendor, shall have the right to immediately terminate this
Agreement for violations of this provision by Vendor.
25. Informal Dispute Resolution. Except in the event of termination pursuant to Section 4.2,if
either City or Vendor has a claim,dispute,or other matter in question for breach of duty,obligations, services
rendered or any warranty that arises under this Agreement,the parties shall first attempt to resolve the matter
through this dispute resolution process. The disputing party shall notify the other party in writing as soon as
practicable after discovering the claim,dispute,or breach. The notice shall state the nature of the dispute and
list the parry's specific reasons for such dispute. Within ten(10)business days of receipt of the notice,both
parties shall commence the resolution process and make a good faith effort,either through email,mail,phone
conference,in person meetings,or other reasonable means to resolve any claim,dispute,breach or other matter
in question that may arise out of,or in connection with this Agreement. If the parties fail to resolve the dispute
within sixty(60)days of the date of receipt of the notice of the dispute,then the parties may submit the matter
to non-binding mediation in Tarrant County,Texas,upon written consent of authorized representatives of both
parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other
applicable rules governing mediation then in effect.The mediator shall be agreed to by the parties.Each party
shall be liable for its own expenses, including attorney's fees; however, the parties shall share equally in
the costs of the mediation. If the parties cannot resolve the dispute through mediation,then either party shall
have the right to exercise any and all remedies available under law regarding the dispute. Notwithstanding the
fact that the parties may be attempting to resolve a dispute in accordance with this informal dispute
resolution process,the parties agree to continue without delay all of their respective duties and obligations
under this Agreement not affected by the dispute. Either party may, before or during the exercise of the
informal dispute resolution process set forth herein, apply to a court having jurisdiction for a temporary
restraining order or preliminary injunction where such relief is necessary to protect its interests.
26. No Boycott of Israel. If Vendor has fewer than 10 employees or the Agreement is for less
than $100,000,this section does not apply.Vendor acknowledges that in accordance with Chapter 2270 of
the Texas Government Code, City is prohibited from entering into a contract with a company for goods or
services unless the contract contains a written verification from the company that it: (1) does not boycott
Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and
"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government
Code. By signing this Addendum, Vendor certifies that Vendor's signature provides written verification to
City that Vendor: (1) does not boycott Israel, and (2) will not boycott Israel during the term of the
Agreement.
27. Reporting Requirements.
Coop Purchase Agreement—Fort Worth Terms and Conditions Page 9 of 10
Schedule A
27.1. For purposes of this section,the words below shall have the following meaning:
27.1.1. Child shall mean a person under the age of 18 years of age.
27.1.2. Child pornography means an image of a child engaging in sexual conduct
or sexual performance as defined by Section 43.25 of the Texas Penal Code.
27.1.3. Computer means an electronic, magnetic, optical, electrochemical, or
other high-speed data processing device that performs logical, arithmetic, or memory
functions by the manipulations of electronic or magnetic impulses and includes all input,
output,processing,storage,or communication facilities that are connected or related to the
device.
27.1.4. Computer technician means an individual who,in the course and scope of
employment or business, installs,repairs, or otherwise services a computer for a fee. This
shall include installation of software,hardware,and maintenance services.
27.2. Reporting Requirement. If Vendor meets the definition of Computer Technician as
defined herein, and while providing services pursuant to this Agreement, views an image on a
computer that is or appears to be child pornography,Vendor shall immediately report the discovery
of the image to the City and to a local or state law enforcement agency or the Cyber Tip Line at the
National Center for Missing and Exploited Children.The report must include the name and address
of the owner or person claiming a right to possession of the computer, if known, and as permitted
by law. Failure by Vendor to make the report required herein may result in criminal and/or civil
penalties.
28. Survival of Provisions. The parties'duties and obligations pursuant to sections related to
Duties and Obligations,Disclosure of Conflicts and Confidential Information,Right to Audit,and Liability
and Indemnification shall survive termination of this Agreement.
Coop Purchase Agreement—Fort Worth Terms and Conditions Page 10 of 10
Schedule B
TIPS VENDOR AGREEMENT
Between Crimson Construction Managment, LLC and
(Company Name)
THE INTERLOCAL PURCHASING SYSTEM (TIPS),
a Department of Texas Education Service Center Region S
for
RCSP 180702 ROOFING (JOC)
General Information
The Vendor Agreement("Agreement") made and entered into by and between The lnterlocal
Purchasing System (hereinafter referred to as"TIPS" respectfully) a government cooperative
purchasing program authorized by the Region 8 Education Service Center,having its principal place
of business at 4845 US Hwy 271 North, Pittsburg,Texas 75686.This Agreement consists of the
provisions set forth below, including provisions of all Attachments referenced herein. In the event
of a conflict between the provisions set forth below and those contained in any Attachment,the
provisions set forth shall control.
The vendor Agreement shall include and incorporate by reference this Agreement,the terms and
conditions, special terms and conditions, any agreed upon amendments,as well as all of the
sections of the solicitation as posted, including any addenda and the awarded vendor's proposal.
Once signed, if an awarded vendor's proposal varies or is unclear in any way from the TIPS
Agreement,TIPS, at its sole discretion,will decide which provision will prevail. Other documents to
be included are the awarded vendor's proposals,task orders,purchase orders and any adjustments
which have been issued. If deviations are submitted to TIPS by the proposing vendor as provided
by and within the solicitation process,this Agreement may be amended to incorporate any agreed
deviations.
The following pages will constitute the Agreement between the successful vendors(s) and TIPS.
Bidders shall state, in a separate writing,and include with their proposal response,any required
exceptions or deviations from these terms,conditions, and specifications. If agreed to by TIPS,they
will be incorporated into the final Agreement.
A Purchase Order, Agreement or Contract is the TIPS Member's approval providing the
authority to proceed with the negotiated delivery order under the Agreement. Special terms
and conditions as agreed to between the vendor and TIPS Member should be added as
addenda to the Purchase Order, Agreement or Contract. Items such as certificate of insurance,
bonding requirements, small or disadvantaged business goals are some of the addenda
possible.
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Terms and Conditions
Conflicts with RS Means Unit Price Book
If the terms of the solicitation referenced RS Means Unit Price Book occur, the RS Means Book
shall control if it determines legality of the solicitation award as it relates to the requisite Means
Unit Price Book.
Freight
All quotes to members shall provide a line item for cost for freight or shipping regardless if
there is a charge or not. If no charge for freight or shipping, indicate by stating"No Charge" or
"$0" or other similar indication.
Warranty Conditions
All new supplies equipment and services shall include manufacturer's minimum standard
warranty unless otherwise agreed to in writing. Vendor shall be legally permitted to sell, or an
authorized dealer, distributor or manufacturer for all products offered for sale to TIPS
Members.All equipment proposed shall be new unless clearly stated in writing.
Customer Support
The Vendor shall provide timely and accurate customer support to TIPS Members. Vendors shall
respond to such requests within one (1) working day after receipt of the request. Vendor shall
provide training regarding products and services supplied by the Vendor unless otherwise
clearly stated in writing at the time of purchase. (Unless training is a line item sold or packaged
and must be purchased with product.)
Agreements
Agreements for purchase will normally be put into effect by means of a contract, agreement or
purchase order(s) executed by authorized agents of the participating government entities.
Davis Bacon Act requirements will be met when Federal Funds are used for construction and/or
repair of buildings or as otherwise required by applicable statute or regulation.
Other Wage Rates may be required by some TIPS Members and acceptance of a project by the
Vendor may require the Vendor to comply with the TIPS Member's required wage rate.
Tax exempt status
A taxable item sold, leased, rented to, stored, used, or consumed by any of the following
governmental entities is exempted from the taxes imposed by this chapter; (1)the United
States; (2) an unincorporated instrumentality of the United States; (3) a corporation that is an
agency or instrumentality of the United States and is wholly owned by the United States or by
another corporation wholly owned by the United States; (4)the State of Texas; (5) a Texas
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exempts or does not impose a tax on similar sales of items to this state or a political subdivision
county, city, special district, or other political subdivision; or(6) a state, or a governmental unit of
a state that borders Texas, but only to the extent that the other state or governmental unit of this
state. Texas Tax Code § 151.309. Most TIPS Members are tax exempt and the related laws of the
jurisdiction of the TIPS Member shall apply.
Assignments of Agreements
No assignment of Agreement may be made without the prior written approval of TIPS. Payment
can only be made to the awarded Vendor or authorized Assignee.
Disclosures
1. Vendor affirms that he/she has not given, offered to give, nor intends to give at any
time hereafter any economic opportunity,future employment, gift, loan, gratuity,
special discount, trip, favor or service to a public servant in connection with this
Agreement.
2. Vendor shall attach, in writing, a complete description of any and all relationships that
might be considered a conflict of interest in doing business with Members in the TIPS
program.
3. The vendor affirms that, to the best of his/her knowledge, the offer has been arrived at
independently, and is submitted without collusion with anyone to obtain information or
gain any favoritism that would in any way limit competition or give an unfair advantage
over other vendors in the award of this Agreement.
Renewal of Agreements
The Agreement with TIPS is for two (2) years with an option for renewal for additional two (2)
consecutive one year terms years. Total term of Agreement can be up to the number of years
provided in the solicitation or as limited by statute. The option renewal year one shall be
automatically renewed unless either party objects or terminates the agreement as provided
herein at "Termination for Convenience". The Second one-year renewal term is only if both
Parties agree.
No Agreement for goods or services with a TIPS Member by the awarded vendor named in this
Agreement that results from the solicitation award named in this Agreement may incorporate
an automatic renewal clause with which the TIPS Member must comply. All renewal terms
incorporated in an Agreement by the vendor with the TIPS Member shall only be valid and
enforceable when the vendor receives written confirmation by purchase order or executed
Agreement issued by the TIPS Member for any renewal period. The purpose of this clause is to
avoid a TIPS Member inadvertently renewing an Agreement during a period in which the
governing body of the TIPS Member has not properly appropriated and budgeted the funds to
satisfy the Agreement renewal. This term is not negotiable and any Agreement between a TIPS
Member and a TIPS awarded vendor with an automatic renewal clause that conflicts with these
terms are rendered void and unenforceable.
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Invoices
The awarded vendor shall submit invoices or payment requests to the TIPS Member
participating entity clearly stating "Per TIPS Agreement#xxxxxxx. Each invoice or pay request
shall include the TIPS Member's purchase order number or other identifying designation as
provided in the order or contract by the TIPS Member, If applicable, the shipment tracking
number or pertinent information for verification of TIPS Member receipt shall be made
available upon request.
Pricing
Price increases will be honored according to the terms of the solicitation. However,the Vendor
shall honor previous prices for thirty (30) days after written notification to TIPS of an increase,
except any price changes related to the,then current, RS Means Unit Price Book is valid. Price of
a specific Job Order Contract proposal to a TIPS Member shall not change within 60 days of date
of proposal as a result of an updated RS Means Unit Price Book unless agreed by the TIPS
Member.
All pricing submitted to TIPS shall include the participation fee, as provided in the solicitation,
to be remitted to TIPS by the Vendor. Vendor will not show adding the fee to the invoice
presented to customer. Failure to render the participation fee to TIPS shall constitute a breach
of this agreement and shall be grounds for termination of this agreement and any other
agreement held with TIPS.
Participation Fees
Vendor or vendor assigned dealer Agreements to pay the participation fee for all Agreement
sales to TIPS on a monthly scheduled report.Vendor must login to the TIPS database and use
the "Submission Report"section to report sales. The Vendor or vendor assigned dealers are
responsible for keeping record of all sales that go through the TIPS Agreement. Failure to pay
the participation fee will result in termination of Agreement, Please contact TIPS at tips@tips-
usa.com or call (866)839-8477 if you have questions about paying fees,
Indemnity
The Vendor agrees to indemnify and hold harmless and defend TIPS,TIPS Member(s), officers
and employees from and against all claims and suits by third parties for damages, injuries to
persons (including death), property damages, losses, and expenses including court costs and
reasonable attorney's fees, arising out of, or resulting from, Vendor's work under this
Agreement, including all such causes of action based upon common, constitutional, or
statutory law, or based in whole or in part, upon allegations of negligent or intentional acts on
the part of the Vendor, its officers, employees, agents, subcontractors, licensees, or invitees.
Parties found liable shall pay their proportionate share of damages as agreed by the parties or as
ordered by a court of competent jurisdiction over the case. Per Texas Education Code §44.032(f),
reasonable Attorney's fees are recoverable by the prevailing party in any dispute resulting in
litigation.
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State of Texas Franchise Tax
By signature hereon,the bidder hereby certifies that he/she is not currently delinquent in the
payment of any franchise taxes owed the State of Texas under Chapter 171,Tax Code.
Miscellaneous
The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS
sole discretion and that any Vendor may be removed from the participation in the Program
at any time with or without cause. Nothing in the Agreement or in any other communication
between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members
will submit any orders at any time.TIPS reserves the right to request additional proposals for
items or services already on Agreement at any time.
Purchase Order Pricing/Product Deviation
If a deviation of pricing/product on a purchase order or contract modification occurs, TIPS is to
be notified within 48 hours of receipt of order.
Termination for Convenience
TIPS reserves the right to terminate this agreement for cause or no cause for convenience with
a thirty-day written notice. Termination for convenience is required under Federal Regulations
2 CFR part 200. All purchase orders presented to the Vendor by a TIPS Member prior to the
actual termination of this agreement shall be honored at the option of the TIPS Member.The
awarded vendor may terminate the agreement with ninety(90) days written notice to TIPS
4845 US Hwy North, Pittsburg, Texas 75686. The vendor will be paid for goods and services
delivered prior to the termination for convenience provided that the goods and services were
delivered in accordance with the terms and conditions of the terminated agreement.
TIPS Member Purchasing Procedures
Purchase orders or their equal are issued by participating TIPS Member to the awarded vendor
indicating on the PO "Agreement Number". Order is emailed to TIPS at tipspo@tips-usa.com.
• Awarded vendor delivers goods/services directly to the participating member.
Awarded vendor invoices the participating TIPS Member directly.
• Awarded vendor receives payment directly from the participating member.
• Awarded vendor reports sales monthly to TIPS (unless prior arrangements have been
made with TIPS to report monthly).
Form of Agreement and Reporting
If a vendor submitting an offer requires TIPS and/or TIPS Member to sign an additional
agreement, a copy of the proposed agreement must be included with the proposal to
the TIPS Member. TIPS does not require a review a TIPS Member's Job Order contract
TYPE AIA or other similar Contract provided by the TIPS Member. This clause does not
relieve the Vendor from the responsibility to report the contract execution and the
amount of the contract and any change orders.
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Licenses
Awarded vendor shall maintain in current status all federal,state and local licenses, bonds and
permits required for the operation of the business conducted by awarded vendor. Awarded
vendor shall remain fully informed of and in compliance with all ordinances and regulations
pertaining to the lawful provision of services under the Agreement.TIPS reserves the right to
stop work and/or cancel Agreement of any awarded vendor whose license(s) expire, lapse, are
suspended or terminated.
Novation
If awarded vendor sells or transfers all assets or the entire portion of the assets used to
perform this Agreement,a successor in interest must guarantee to perform all obligations
under this Agreement.TIPS reserves the right to accept or reject any new party. A simple
change of name agreement will not change the Agreement obligations of awarded vendor.
Site Requirements(when applicable to service or job)
Cleanup: Awarded vendor shall clean up and remove all debris and rubbish resulting from their
work as required or directed by TIPS Member. Upon completion of work, the premises shall be
left in good repair and an orderly, neat, clean and unobstructed condition.
Preparation:Awarded vendor shall not begin a project for which TIPS Member has not
prepared the site, unless awarded vendor does the preparation work at no cost, or until TIPS
Member includes the cost of site preparation in a purchase order.
Site preparation includes, but is not limited to: moving furniture, installing wiring for networks
or power, and similar pre-installation requirements.
Registered sex offender restrictions: For work to be performed at schools, awarded vendor
agrees that no employee of a sub-contractor who has been adjudicated to be a registered sex
offender will perform work at any time when students are or reasonably expected to be
present. Awarded vendor agrees that a violation of this condition shall be considered a
material breach and may result in the cancellation of the purchase order at the TIPS Member's
discretion. Awarded vendor must identify any additional costs associated with compliance of
this term. If no costs are specified, compliance with this term will be provided at no additional
charge. Safety measures:Awarded vendor shall take all reasonable precautions for the safety of
employees on the worksite, and shall erect and properly maintain all necessary safeguards for
protection of workers and the public. Awarded vendor shall post warning signs against all
hazards created by the operation and work in progress. Proper precautions shall be taken
pursuant to state law and standard practices to protect workers, general public and existing
structures from injury or damage.
Smoking
Persons working under Agreement shall adhere to local smoking policies. Smoking will only be
permitted in posted areas or off premises.
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Marketing
Awarded vendor agrees to allow TIPS to use their name and logo within website, marketing
materials and advertisement subject to any reasonable restrictions provided to TIPS in the
Proposal to the Solicitation. Any use of TIPS name and logo or any form of publicity, inclusive
of press release, regarding this Agreement by awarded vendor must have prior approval from
TIPS.
Supplemental agreements
The TIPS Member entity participating in the TIPS Agreement and awarded vendor may enter
into a separate supplemental agreement or contract to further define the level of service
requirements over and above the minimum defined in this Agreement i.e. invoice
requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement or
contract developed as a result of this Agreement is exclusively between the participating entity
and awarded vendor. TIPS, its agents, TIPS Members and employees shall not be made party to
any claim for breach of such agreement.
Survival Clause
All applicable software license agreements,warranties or service agreements that were entered
into between Vendor and TIPS or the TIPS Member Customer under the terms and conditions of
the Agreement shall survive the expiration or termination of the Agreement.All Orders,
Purchase Orders issued or contracts executed by TIPS or a TIPS Member and accepted by the
Vendor prior to the expiration or termination of this agreement,shall survive expiration or
termination of the Agreement, subject to previously agreed terms and conditions agreed by the
parties or as otherwise specified herein relating to termination of this agreement.
Legal obligations
It is the responding vendor's responsibility to be aware of and comply with all local, state and
federal laws governing the sale of products/services identified in this Solicitation and any
awarded Agreement thereof. Applicable laws and regulations must be followed even if not
specifically identified herein.
Audit rights
Due to transparency statutes and public accountability requirements of TIPS and TIPS
Members', the awarded Vendor shall, at their sole expense, maintain appropriate due diligence
of all purchases made by TIPS Memberthat utilizes this Agreement.TIPS and Region 8 ESC each
reserve the right to audit the accounting of TIPS related purchases for a period of three (3)
years from the time such purchases are made.This audit right shall survive termination of this
Agreement for a period of one (1) year from the effective date of termination. In order to ensure
and confirm compliance with this agreement,TIPS shall have authority to conduct random
audits of Awarded Vendor's pricing that is offered to TIPS Members with 30 days'
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notice unless the audit is ordered by a Court Order or by a Government Agency with authority
to do so without notice. Notwithstanding the foregoing, in the event that TIPS is made aware of
any pricing being offered to eligible entities that is materially inconsistent with the pricing under
this agreement,TIPS shall have the ability to conduct the audit internally or may engage a third-
party auditing firm to investigate any possible non-complying conduct or may terminate the
Agreement according to the terms of this Agreement. In the event of an audit, the requested
materials shall be reasonably provided in the format and at the location designated by Region 8
ESC or TIPS.
Force Majeure
If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to
carry out its obligations under this Agreement then such party shall give notice and fully
particulars of Force Majeure in writing to the other party within a reasonable time after
occurrence of the event or cause relied upon, and the obligation of the party giving such notice,
so far as it is affected by such Force Majeure, shall be suspended during the continuance of the
inability then claimed, except as hereinafter provided, but for no longer period, and such party
shall endeavor to remove or overcome such inability with all reasonable dispatch.
Bonding
When applicable, performance bonds and payment bonds will be required on construction or
labor required jobs. Awarded vendor will meet the TIPS Member's local and state purchasing
requirements. Awarded vendors may need to provide additional capacity as jobs increase.
Bonds costs are passed through at cost to the TIPS Member and are not subject to the TIPS
Participation fee be paid to TIPS.The actual cost of the bond will be a pass through to the TIPS
Member and added to the purchase order or Contract.
Professional Engineering and Architect's Services
Professional Engineering and Architect's Services are not permitted to be provided under this
Agreement. Texas statutes prohibit the procurement of Professional Engineering and
Architect's Services through a cooperative agreement.
Scope of Services
The specific scope of work for each job shall be determined in advance and in writing between
TIPS Member, Member's design professionals and Vendor. It is permitted for the TIPS Member
to provide a general scope description, but the awarded vendor should provide a written scope
of work, and if applicable, according to the TIPS Member's design Professional as part of the
proposal. Once the scope of the job is agreed to,the TIPS Member will issue a PO and/or an
Agreement or Contract with the Job Order Contract Proposal referenced or as an attachment
along with bond and any other special provisions agreed by the TIPS Member. If special terms
and conditions other than those covered within this solicitation and awarded Agreements are
required,they will be attached to the PO and/or an Agreement or Contract and shall take
precedence over those in this base TIPS Vendor Agreement.
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Project Delivery Order Procedures
The TIPS Member having approved and signed an interlocal agreement, or other TIPS
Membership document, may make a request of the awarded vendor under this Agreement
when the TIPS Member has services that need to be undertaken. Notification may occur via
phone, the web, email,fax, or in person, upon notification of a pending request,the awarded
vendor shall make contact with the TIPS Member as soon as possible, but must make contact
with the TIPS Member within two working days.
Scheduling of Projects
Scheduling of projects (if applicable) may be accomplished when the TIPS Member issues a
Purchase Order and/or an Agreement or Contract that will serve as "the notice to proceed" as
agreed by the Vendor and the TIPS Member. The period for the delivery order will include the
mobilization, materials purchase, installation and delivery, design, weather, and site cleanup
and inspection. No additional claims may be made for delays as a result of these items. When
the tasks have been completed the awarded vendor shall notify the client and have the TIPS
Member or a designated representative of the TIPS Member inspect the work for acceptance
under the scope and terms in the Purchase Order and/or Agreement or Contract. The TIPS
Member will issue in writing any corrective actions that are required. Upon completion of these
items,the TIPS Member will issue a completion notice and final payment will be issued per the
contractual requirements of the project with the TIPS Member. Any Construction contract
prepared by the TIPS Member's Legal Counsel may alter the terms of this subsection,
"Scheduling of Projects".
Support Requirements
If there is a dispute between the awarded vendor and TIPS Member,TIPS or its representatives
will assist in conflict resolution or third party (mandatory mediation), if requested by either
party.TIPS, or its representatives, reserves the right to inspect any project and audit the
awarded vendors TIPS project files, documentation and correspondence.
Status of TIPS Members as Related to This Agreement
TIPS Members stand in the place of TIPS as related to this agreement and have the same
access to the proposal information and all related documents. TIPS Members have all the
same rights under the awarded Agreement as TIPS.
Incorporation of Solicitation
The TIPS Solicitation, whether a Request for Proposals,the Request for Competitive Sealed
Proposals or Request for Qualifications solicitation, the Vendor's response to same and all
associated documents and forms made part of the solicitation process, including any addenda,
that resulted in the execution of this agreement are hereby incorporated by reference into this
agreement as if copied verbatim.
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SECTION HEADERS OR TITLES
THE SECTON HEADERS OR TITLES WITHIN THIS DOCUMENT ARE MERELY GUIDES FOR
CONVENIENCE AND ARE NOT FOR CLASSIFICATION OR LIMITING OF THE RESPONSIBILITES OF
THE PARTIES TO THIS DOCUMENT.
NEW STATUTORY REQUIREMENT EFFETIVE SEPTEMBER 1, 2017.
You certify that your company (1) does not boycott Israel; and (2) will not boycott Israel during
the term of the Agreement.Texas governmental entities are prohibited from doing business
with companies that fail to certify to this condition as required by Texas Government Code Sec,
2270.
You certify that your company is not listed on and we do not do business with companies that
are on the Texas Comptroller of Public Accounts list of Designated Foreign Terrorists
Organizations per Texas Gov't Code 2270.0153 found at
https://comptroller.texas.gov/purchasing/docs/foreign-terrorist.pdf
You certify that pursuant to Texas Business and Commerce Code Chapter 272, as revised
September 1, 2017, any construction contract or agreement as defined in the Statute with a
TIPS, Education Service Center Region 8 or a Texas TIPS Member subject to the Statute shall
include a Choice of Law provision providing that this agreement shall be subject to and
interpreted by the Laws of the State of Texas without regard to any conflict of laws principles
for any action shall be in a court of competent jurisdiction in Texas and any arbitration shall be
in the State of Texas. Pursuant to the Texas Business and Commerce Code, as amended by the
85th Texas Legislature, this Construction Agreement for Job Order Contract services is, in the
event of a dispute between the parties, subject to interpretation according to the Laws of the
state of Texas only, without regard to any conflict of laws principles. Venue for any alternative
dispute resolution procedure or process shall be in the state of Texas. If the dispute is litigated,
venue and jurisdiction shall be in a court of competent jurisdiction in the state of Texas.
Pursuant to 85th Texas Legislative H.B. 3270, as it applies to Texas Education Code § 22.0834 et
seq, the Vendor shall comply with all relevant sections related to student contact, background
checks, fingerprinting and other related requirements.
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Special Terms and Conditions
It is the intent of TIPS to award to reliable, high performance vendors to supply products and
services to government and educational agencies. It is the experience of TIPS that the following
procedures provide TIPS, the Vendor, and the participating agency the necessary support to
facilitate a mutually beneficial relationship. The specific procedures will be negotiated with the
successful vendor.
• Agreements: All vendor Purchase Orders and/or Agreements/Contracts must be
emailed to TIPS at tipspo@tips-usa.com. Should an agency send an order direct to
vendor, it is the vendor's responsibility to forward the order to TIPS at the email above
within 24 business hours and confirm its receipt with TIPS.
• Promotion of Agreement: It is agreed that Vendor will encourage all eligible entities to
purchase from the TIPS Program. Encouraging entities to purchase directly from the
Vendor, bypassing the TIPS Agreement when the Member has requested the TIPS
agreement is a violation of the terms and conditions of this Agreement and will result in
removal of the Vendor from the TIPS Program.
Page 12 of 12 will be the TIPS Vendor Agreement Signature Page
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TIPS Vendor Agreement Signature Form
RCSP 180602 Roofing (JOC)
Company Name Crimson Construction Management, LLC
Address 411 Peacock Cir
CityDuncanville State TX Zip 75137
Phone972-815-5051 Fax
Email of Authorized Representative Brandon@crimsoncm.com
Name of Authorized Representative Brandon Rodriguez
Title Owner
Signature of Authorized Representativ"±_56� �eL z—,
Date 07/09/2018
TIPS Authorized Representative Name Meredith Barton
Title Vice-President of Operations
71
TIPS Authorized Representative Signature
Approved by ESC Region •
Date 9/27/18
Page 12 of 12
The Interlocal Purchasing System (TIPS Cooperative)
Supplier Response
Bid Information Contact Information Ship to Information
Bid Creator Mr. David Mabe Address Region VIII Education Address
Vice-President of Service Center
Construction 4845 US Highway 271
Email david.mabe@tips-usa.com North Contact
Phone +1 (903)243-4759 x Pittsburg, TX 75686
Fax +1 (866)749-6674 x Contact David Mabe, Department
Vice-President of Building
Bid Number 180702 Construction
Title Roofing(JOC) Floor/Room
Bid Type RFP Department Telephone
Issue Date 7/5/2018 08:03 AM(CT) Building Fax
Close Date 8/17/2018 03:00:00 PM(CT) Email
Floor/Room
Telephone +1 (866)839-8477 x
Fax +1 (866)839-8472 x
Email bids@tips-usa.com
Supplier Information
Company Crimson Construction (Crimson Construction Management, LLC)
Address 411 Peacock Cir
Duncanville,TX 75137-3119
Contact Brandon Rodriguez
Department
Building
Floor/Room
Telephone (972)741-9858
Fax
Email cubeech@gmail.com
Submitted 8/9/2018 04:44:31 PM(CT)
Total $0.00
By submitting your response,you certify that you are authorized to represent and bind your company.
Signature Brandon Rodriquez Email Brandon@crimsoncm.com
Supplier Notes
Bid Notes
Bid Activities
Bid Messages
180702- Crimson Construction (Crimson Construction Management, LLC)- Page 1 of 19
Bid Attributes
Please review the following and respond where necessary
# Name Note Response
1 Yes-No Disadvantaged/Minority/Women Business Enterprise- No
D/M/WBE (Required by some participating governmental
entities)Vendor certifies that their firm is a D/M/WBE?
Vendor must upload proof of certification to the'Response
Attachments" D/M/WBE CERTIFICATES section.
2 Yes-No Historically Underutilized Business-HUB(Required by Yes
some participating governmental entities)Vendor certifies
that their firm is a HUB as defined by the State of Texas at
https://comptroller.texas.gov/purchasing/vendor/hub/
or in a HUBZone as defined by the US Small Business
Administration at
https://www.sba.gov/offices/headquarters/ohp
Proof of one or both may be submitted. Vendor must
upload proof of certification to the'Response
Attachments" HUB CERTIFICATES section.
3 Yes-No The Vendor can provide services and/or products to all 50 Yes
US States?
Select YES, ONLY if your company is licensed to work in
all 50 states,or the state does not require a license;
otherwise select NO.
4 States Served: If answer is NO to question#3, please list which states can
be served. (Example: AR, OK,TX)
5 Company and/or Product Description: This information will appear on the TIPS website in the Crimson Construction is a
company profile section, if awarded a TIPS contract.(Limit commercial roofing solution
750 characters.) provider. We provide solutions for
roof leaks,re-roofing, new
construction, associated sheet
metal,metal roofs, standing seam
metal roof systems, roof
maintenance, roof budgets and roof
asset management on-line program.
We meet all bonding requirements,
OSHA requirements,and insurance
requirements.
6 Primary Contact Name Primary Contact Name Brandon Rodriquez
7 Primary Contact Title Primary Contact Title President
8 Primary Contact Email Primary Contact Email Brandon@crimsoncm.com
9 Primary Contact Phone Enter 10 digit phone number. (No dashes or extensions) 9728185051
Example: 8668398477
10 Primary Contact Fax Enter 10 digit fax number. (No dashes or extensions)
Example: 8668398477
11 Primary Contact Mobile Enter 10 digit mobile phone number. (No dashes or 9727419858
extensions)
Example: 8668398477
12 Secondary Contact Name Secondary Contact Name Jenne Rodriguez
13 Secondary Contact Title Secondary Contact Title Office Manager
14 Secondary Contact Email Secondary Contact Email janna@crimsoncm.com
180702- Crimson Construction (Crimson Construction Management, LLC)- Page 2 of 19
15 Secondary Contact Phone Enter 10 digit phone number. (No dashes or extensions) 9722981009
Example: 8668398477
16 Secondary Contact Fax Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
17 Secondary Contact Mobile Enter 10 digit phone number. (No dashes or extensions) 2547475857
Example: 8668398477
18 Admin Fee Contact Name Admin Fee Contact Name.This person is responsible for Brandon Rodriguez
paying the admin fee to TIPS.
19 Admin Fee Contact Email Admin Fee Contact Email janna@crimsoncm.com
20 Admin Fee Contact Phone Enter 10 digit phone number. (No dashes or extensions) 9727419858
Example: 8668398477
21 Purchase Order Contact Name Purchase Order Contact Name.This person is responsible Jenne Rodriguez
for receiving Purchase Orders from TIPS.
22 Purchase Order Contact Email Purchase Order Contact Email janna@crimsoncm.com
23 Purchase Order Contact Phone Enter 10 digit phone number. (No dashes or extensions) 9727419858
Example: 8668398477
24 Company Website Company Website(Format-www.company.com) www.crimsoncm.com
25 Federal ID Number: Federal ID Number also known as the Employer 81-4737274
Identification Number.(Format-12-3456789)
26 Primary Address Primary Address 411 Peacock Cir
27 Primary Address City Primary Address City Duncanville
28 Primary Address State Primary Address State(2 Digit Abbreviation) TX
29 Primary Address Zip Primary Address Zip 75137
30 Search Words: Please list search words to be posted in the TIPS Roofing,roof leak repair,roofing
database about your company that TIPS website users solution,roof leaks,re-roof,new
might search.Words may be product names, construction, sheet metal,metal
manufacturers,or other words associated with the roofs, roof maintenance, roof
category of award.YOU MAY NOT LIST budgets,roof asset management,
NON-CATEGORY ITEMS.(Limit 500 words)(Format: Crimson,Texas, Crimson
product,paper,construction, manufacturer name, etc.) Construction, Commercial
permanent roof leak repair,best roof
leak repair,roof restoration,
commercial roofing,roofing
solutions.
31 Do you want TIPS Members to be able to spend No
Federal grant funds with you if awarded? Is it Most of our members receive Federal Government grants
your intent to be able to sell to our members and they make up a significant portion of their budgets.
regardless of the fund source,whether it be local, The members need to know if your company is willing to
state or federal? sell to them when they spend federal budget funds on their
purchase. There are attributes that follow that are
provisions from the federal regulations in 2 CFR part 200.
Your answers will determine if your award will be
designated as Federal or Education Department General
Administrative Regulations(EDGAR)compliant.
Do you want TIPS Members to be able to spend Federal
grant funds with you if awarded and is it your intent to be
able to sell to our members regardless of the fund source,
whether it be local,state or federal?
180702- Crimson Construction (Crimson Construction Management, LLC)- Page 3 of 19
32 Yes-No Certification of Residency(Required by the State of Yes
Texas)The vendor's ultimate parent company or majority
owner:
(A) has its principal place of business in Texas;
OR
(B) employs at least 500 persons in Texas?
33 Company Residence(City) Vendor's principal place of business is in the city of? Duncanville
34 Company Residence(State) Vendor's principal place of business is in the state of? Texas
35 TIPS administration fee By submitting a proposal,I agree that all pricing submitted (No Response Required)
to TIPS shall include the participation fee,as designated
in the solicitation or as otherwise agreed in writing and
shall be remitted to TIPS by the Vendor as agreed in the
Vendor agreement. I agree that the fee shall not and will
not be added by the vendor as a separate line item on a
TIPS member invoice, quote, proposal or any other written
communications with the TIPS member.
36 Yes-No Vendor agrees to remit to TIPS the required administration Yes
fee?
TIPS/ESC Region 8 is required by Texas Government
Code§791 to be compensated for its work and thus,
failure to agree shall render your response void and it will
not be considered.
37 Regular Hours Coefficient What is your regular hours coefficient for the IRS Means 0.9
Price Book?
Example:
A 5%discount for the IRS Means Price Book would be a
.95 regular hours coefficient.
Remember that this is a ceiling discount. You can discount
lower than the contract coefficient, but not higher.
38 After Hours Coefficient What is your after hours coefficient for the IRS Means 0.9
Price Book for work performed after normal working
hours?
Example:
The most common after hours coefficient is time and a
half. If your regular hours coefficient is.95,your after
hours coefficient would be 1.45.
Remember that this is a ceiling discount. You can discount
lower than the contract coefficient, but not higher.
39 Non-Pre-Priced Markup If the material being utilized for a project cannot be found 30%
in the IRS Means Price Book,what is your materials
markup?
Remember that this is a ceiling markup.You may markup
a lesser percentage, but not a greater percentage.
40 Yes-No Do you offer additional discounts to TIPS members for Yes
large order quantities or large scope of work?
41 Years Experience Company years experience in this category? 9
42 Price coefficients and non-pre-priced markups Does the vendor agrees to honor the proposed pricing YES
are guaranteed for? coefficients and non-pre-priced markups for the term of
the award?
43 Right of Refusal Does the proposing vendor wish to reserve the right not to Yes
perform under the awarded agreement with a TIPS
member at vendor's discretion?
180702- Crimson Construction (Crimson Construction Management, LLC)- Page 4 of 19
44 NON-COLLUSIVE BIDDING CERTIFICATE By submission of this bid or proposal,the Bidder certifies (No Response Required)
that:
1) This bid or proposal has been independently arrived
at without collusion with any other Bidder or with any
Competitor;
2) This bid or proposal has not been knowingly
disclosed and will not be knowingly disclosed, prior to the
opening of bids,or proposals for this project,to any other
Bidder, Competitor or potential competitor;
3) No attempt has been or will be made to induce any
other person,partnership or corporation to submit or not
to submit a bid or proposal;
4) The person signing this bid or proposal certifies that
he has fully informed himself regarding the accuracy of the
statements contained in this certification,and under the
penalties being applicable to the Bidder as well as to the
person signing in its behalf. Not a negotiable term. Failure
to agree will render your proposal non-responsive and it
will not be considered.
45 CONFLICT OF INTEREST QUESTIONNAIRE- Do you have any CONFLICT OF INTEREST TO REPORT No
FORM CIQ-Do you have any CONFLICT OF OR DISCLOSE under this statutory requirement?YES or
INTEREST TO REPORT OR DISCLOSE under NO
this statutory requirement? If you have a conflict of interest as described in this form
or the Local Government Code Chapter 176,cited therein-
you are required to complete and file with TIPS.
You may find the Blank CIQ form on the"Attachments"
tab. There is an optional upload on the'Response
Attachments"tab for this form provided if you have a
conflict and must file the form.
46 Filing of Form CIQ If yes(above), have you filed a form CIQ by uploading the
form to this RCSP as directed above?
47 Regulatory Standing I certify to TIPS for the proposal attached that my Yes
company is in good standing with all governmental
agencies, Federal or state,that regulate any part of our
business operations. If not, please explain in the next
attribute question.
48 Regulatory Standing Regulatory Standing explanation of no answer on previous
question.
49 Antitrust Certification Statements(Tex. By submission of this bid or proposal,the Bidder certifies (No Response Required)
Government Code§2155.005) that:
I affirm under penalty of perjury of the laws of the State of
Texas that:
(1)1 am duly authorized to execute this contract on my
own behalf or on behalf of the company,corporation,firm,
partnership or individual (Company)listed below;
(2)In connection with this bid,neither I nor any
representative of the Company has violated any provision
of the Texas Free Enterprise and Antitrust Act,Tex. Bus.
&Comm.Code Chapter 15;
(3)In connection with this bid,neither I nor any
representative of the Company has violated any federal
antitrust law;
(4)Neither I nor any representative of the Company has
directly or indirectly communicated any of the contents of
this bid to a competitor of the Company or any other
company,corporation,firm, partnership or individual
engaged in the same line of business as the Company.
180702- Crimson Construction (Crimson Construction Management, LLC)- Page 5 of 19
50 Suspension or Debarment Instructions Instructions for Certification: (No Response Required)
1. By answering yes to the next Attribute question below,
the vendor and prospective lower tier participant is
providing the certification set out herein in accordance
with these instructions.
2.The certification in this clause is a material
representation of fact upon which reliance was placed
when this transaction was entered into. If it is later
determined that the prospective lower tier participant
knowingly rendered an erroneous certification in addition
to other remedies available to the federal government,the
department or agency with which this transaction
originated may pursue available remedies, including
suspension and/or debarment.
3.The prospective lower tier participant shall provide
immediate written notice to the person to which this
proposal is submitted if at any time the prospective lower
tier participant learns that its certification was erroneous
when submitted or has become erroneous by reason of
changed circumstances.
4.The terms"covered transaction,""debarred,"
"suspended,""ineligible,"'lower tier covered transaction,"
"participants,""person,""primary covered transaction,"
"principal,""proposal'and"voluntarily excluded,"as used
in this clause, have the meanings set out in the Definitions
and Coverage sections of rules implementing Executive
Order 12549.You may contact the person to which this
proposal is submitted for assistance in obtaining a copy of
those regulations.
5.The prospective lower tier participant agrees by
submitting this form that,should the proposed covered
transaction be entered into, it shall not knowingly enter
into any lower tier covered transaction with a person who
is debarred, suspended, declared ineligible or voluntarily
excluded from participation in this covered transaction,
unless authorized by the department or agency with which
this transaction originated.
6.The prospective lower tier participant further agrees by
submitting this form that it will include this clause titled
"Certification Regarding Debarment,Suspension,
Ineligibility and Voluntary Exclusion-Lower Tier Covered
Transaction"without modification in all lower tier covered
transactions and in all solicitations for lower tier covered
transactions.
7.A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier
covered transaction that it is not debarred, suspended,
ineligible or voluntarily excluded from the covered
transaction, unless it knows that the certification is
erroneous.A participant may decide the method and
frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to,
check the Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to
render in good faith the certification required by this
clause.The knowledge and information of a participant is
not required to exceed that which is normally possessed
by a prudent person in the ordinary course of business
dealings.
9. Except for transactions authorized under paragraph 5 of
these instructions,if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with
a person who is suspended,debarred, ineligible or
voluntarily excluded from participation in this transaction,
in addition to other remedies available to the federal
government,the department or agency with which this
180702- Crimson Construction (Crimson Construction Management, LLC)- Page 6 of 19
transaction originated may pursue available remedies,
including suspension and/or debarment.
51 Suspension or Debarment Certification By answering yes,you certify that no federal suspension Yes
or debarment is in place,which would preclude receiving a
federally funded contract as described above.
Debarment and Suspension(Executive Orders 12549 and
12689)—A contract award(see 2 CFR 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 CFR 180 that
implement Executive
Orders 12549(3 CFR part 1986 Comp.,p. 189) and
12689(3 CFR part 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.
By answering yes,you certify that no federal suspension
or debarment is in place,which would preclude receiving a
federally funded contract as described above.
52 Non-Discrimination Statement and Certification In accordance with Federal civil rights law, all U.S. Yes
Departments, including the U.S.Department of Agriculture
(USDA)civil rights regulations and policies,the USDA, its
Agencies, offices, and employees,and institutions
participating in or administering USDA programs are
prohibited from discriminating based on race,color,
national origin,religion, sex,gender identity(including
gender expression),sexual orientation,disability,age,
marital status,family/parental status, income derived from
a public assistance program, political beliefs, or reprisal or
retaliation for prior civil rights activity,in any program or
activity conducted or funded by USDA(not all bases apply
to all programs).Remedies and complaint filing deadlines
vary by program or incident.
Persons with disabilities who require alternative means of
communication for program information(e.g., Braille, large
print,audiotape,American Sign Language,etc.)should
contact the responsible Agency or USDA's TARGET
Center at(202)720-2600(voice and TTY)or contact
USDA through the Federal Relay Service at(800)
877-8339.Additionally, program information may be made
available in languages other than English.
To file a program discrimination complaint, complete the
USDA Program Discrimination Complaint Form,AD-3027,
found online at How to File a Program Discrimination
Complaint and at any USDA office or write a letter
addressed to USDA and provide in the letter all of the
information requested in the form.To request a copy of
the complaint form, call(866)632-9992. Submit your
completed form or letter to USDA by:(1)mail:U.S.
Department of Agriculture,Office of the Assistant
Secretary for Civil Rights, 1400 Independence Avenue,
SW, Washington, D.C.20250-9410;(2)fax:(202)
690-7442; or(3)
email: program.intake@usda.gov.
(Title VI of the Education Amendments of 1972; Section
504 of the Rehabilitation Act of 1973; the Age
Discrimination Act of 1975; Title 7 CFR Parts 15, 15a,and
15b;the Americans with Disabilities Act;and FNS
Instruction 113-1,Civil Rights Compliance and
Enforcement—Nutrition Programs and Activities)
All U.S. Departments, including the USDA are equal
opportunity provider, employer, and lender.
180702- Crimson Construction (Crimson Construction Management, LLC)- Page 7 of 19
Not a negotiable term. Failure to agree will render your
proposal non-responsive and it will not be considered. I
certify that in the performance of a contract with TIPS or
its members,that our company will conform to the
foregoing anti-discrimination statement and comply with
the cited and all other applicable laws and regulations.
53 2 CFR PART 200 Contract Provisions Required Federal contract provisions of Federal (No Response Required)
Explanation Regulations for Contracts for contracts with ESC Region 8
and TIPS Members:
The following provisions are required to be in place and
agreed if the procurement is funded in any part with federal
funds.
The ESC Region 8 and TIPS Members are the subgrantee
or Subrecipient by definition. Most of the provisions are
located in 2 CFR PART 200-Appendix II to Part
200—Contract Provisions for Non-Federal Entity Contracts
Under Federal Awards at 2 CFR PART 200.Others are
included within 2 CFR part 200 at al.
In addition to other provisions required by the Federal
agency or non-Federal entity, all contracts made by the
non-Federal entity under the Federal award must contain
provisions covering the following,as applicable.
54 2 CFR PART 200 Contracts Contracts for more than the simplified acquisition threshold Yes
currently set at$150,000,which is the inflation adjusted
amount determined by the Civilian Agency Acquisition
Council and the Defense Acquisition Regulations Council
(Councils)as authorized by 41 U.S.C. 1908, must address
administrative,contractual,or legal remedies in instances
where contractors violate or breach contract terms, and
provide for such sanctions and penalties as appropriate.
Notice:Pursuant to the above, when federal funds are
expended by ESC Region 8 and TIPS Members, ESC
Region 8 and TIPS Members reserves all rights and
privileges under the applicable laws and regulations with
respect to this procurement in the event of breach of
contract by either party.
Does vendor agree?
55 2 CFR PART 200 Termination Termination for cause and for convenience by the grantee Yes
or subgrantee including the manner by which it will be
effected and the basis for settlement. (All contracts in
excess of$10,000)
Pursuant to the above, when federal funds are expended
by ESC Region 8 and TIPS Members, ESC Region 8 and
TIPS Members reserves the right to terminate any
agreement in excess
of$10,000 resulting from this procurement process for
cause after giving the vendor an appropriate opportunity
and up to 30 days, to cure the causal breach of terms and
conditions. ESC Region 8 and
TIPS Members reserves the right to terminate any
agreement in excess of$10,000 resulting from this
procurement process for convenience with 30 days notice
in writing to the awarded vendor.The vendor
would be compensated for work performed and goods
procured as of the termination date if for convenience of
the ESC Region 8 and TIPS Members.Any award under
this procurement process is not exclusive and the ESC
Region 8 and TIPS reserves the right to purchase goods
and services from other vendors when it is in the best
interest of the ESC Region 8 and TIPS.
Does vendor agree?
180702- Crimson Construction (Crimson Construction Management, LLC)- Page 8 of 19
56 2 CFR PART 200 Clean Air Act Clean Air Act(42 U.S.C.7401-7671 q.)and the Federal Yes
Water Pollution Control Act(33 U.S.C. 1251-1387), as
amended—Contracts and subgrants of amounts in excess
of$150,000 must contain a provision that requires 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).
Pursuant to the Clean Air Act,at al above, when federal
funds are expended by ESC Region 8 and TIPS Members,
ESC Region 8 and TIPS Members requires that the
proposer certify that during the term of
an award by the ESC Region 8 and TIPS Members
resulting from this procurement process the vendor agrees
to comply with all of the above regulations, including all of
the terms listed and referenced therein.
Does vendor agree?
57 2 CFR PART 200 Byrd Anti-Lobbying Byrd Anti-Lobbying Amendment(31 U.S.C. Yes
Amendment 1352)—Contractors that apply or bid for an award
exceeding$100,000 must file the required certification.
Each tier certifies to the tier above 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 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. Each tier must also 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.
Pursuant to the above, when federal funds are expended
by ESC Region 8 and TIPS Members, ESC Region 8 and
TIPS Members requires the proposer certify that during
the term and during the life of any contract with ESC
Region 8 and TIPS Members resulting from this
procurement process the vendor certifies to the terms
included or referenced herein.
Does vendor agree?
58 2 CFR PART 200 Federal Rule Compliance with all applicable standards, orders,or Yes
requirements issued under section 306 of the Clean Air
Act(42 U.S.C. 1857(h)),section 508 of the Clean Water
Act(33 U.S.C. 1368),Executive Order 11738,and
Environmental Protection Agency regulations(40 CFR part
15).(Contracts, subcontracts,and subgrants of amounts in
excess of$100,000)
Pursuant to the above, when federal funds are expended
by ESC Region 8 and TIPS Members, ESC Region 8 and
TIPS Members requires the proposer certify that in
performance of the contracts,subcontracts,and subgrants
of amounts in excess of$100,000,the vendor will be in
compliance with all applicable standards, orders,or
requirements issued under section 306 of the Clean Air
Act(42 U.S.C. 1857(h)),section 508 of the Clean Water
Act(33 U.S.C. 1368),Executive Order 11738,and
Environmental Protection Agency regulations(40 CFR part
15).
Does vendor certify that it is in compliance with the Clean
Air Act?
180702- Crimson Construction (Crimson Construction Management, LLC)- Page 9 of 19
59 2 CFR PART 200 Procurement of Recovered A non-Federal entity that is a state agency or agency of a Yes
Materials 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 CFR part 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.
Does vendor certify that it is in compliance with the Solid
Waste Disposal Act as described above?
60 Certification Regarding Lobbying Applicable to Grants, Subgrants,Cooperative Agreements, I HAVE NOT Lobbied per above
and Contracts Exceeding$100,000 in Federal Funds
Submission of this certification is a prerequisite for making
or entering into this transaction and is imposed by section
1352, Title 31, U.S.Code.This certification is a material
representation of fact upon which reliance was placed
when this transaction was made or entered into.Any
person who fails to file the required certification shall be
subject to a civil penalty of not less than$10,000 and not
more than$100,000 for each such failure.
The undersigned certifies,to the best of his or her
knowledge and belief,that:
(1) No Federal appropriated funds have been paid or will
be paid by or on behalf of the undersigned,to any person
for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress,an
officer or employee of congress,or an employee of a
Member of Congress in connection with the awarding of a
Federal contract,the making of a Federal grant,the
making of a Federal loan,the entering into a cooperative
agreement,and the extension,continuation, renewal,
amendment,or modification of a Federal contract,grant,
loan,or cooperative agreement.
(2) If any funds other than Federal appropriated funds
have been paid or will be paid to any person for
influencing or attempting to influence an officer or
employee of any agency, a Member of Congress,an
officer or employee of congress,or an employee of a
Member of Congress in connection with this Federal grant
or cooperative agreement,the undersigned shall complete
and submit Standard Form-LLL,"disclosure Form to
Report Lobbying,"in accordance with its instructions.
(3) The undersigned shall require that the language of
this certification be included in the award documents for all
covered subawards exceeding$100,000 in Federal funds
at all appropriate tiers and that all subrecipients shall
certify and disclose accordingly.
61 Lobbying Report Standard Form-LLL,"disclosure ONLY IF you answered"I HAVE Lobbied per above"to (No Response Required)
Form to Report Lobbying," attribute#60, please download and complete and upload
the Standard Form-LLL,"disclosure Form to Report
Lobbying,"in the Response attachments section.
180702- Crimson Construction (Crimson Construction Management, LLC)- Page 10 of 19
62 Federal Requirements for Procurement and Federal Requirements for Procurement and Contracting YES
Contracting with small and minority businesses, with small and minority businesses,women's business
women's business enterprises,and labor surplus enterprises,and labor surplus area firms. Do you ever
area firms. anticipate the possibility of subcontracting any of your work
under this award if you are successful?
63 If yes to the above question OR if you ever do If yes to the above question OR if you ever do subcontract YES
subcontract any part of your performance under any part of your performance under the TIPS Agreement,
the TIPS Agreement,do you agree to comply with do you agree to comply with the following federal
the following federal requirements? requirements? Federal Regulation 2 CFR§200.321
Contracting with small and minority businesses,women's
business enterprises,and labor surplus area firms.(a)The
non-Federal entity must take all necessary affirmative
steps to assure that minority businesses,women's
business enterprises,and labor surplus area firms are
used when possible.
(b) Affirmative steps must include:(1) Placing qualified
small and minority businesses and women's business
enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and
women's business enterprises are solicited whenever they
are potential sources;
(3) Dividing total requirements,when economically
feasible,into smaller tasks or quantities to permit
maximum participation by small and minority businesses,
and women's business enterprises;
(4) Establishing delivery schedules,where the
requirement permits,which encourage participation by
small and minority businesses, and women's business
enterprises;
(5) Using the services and assistance, as appropriate,of
such organizations as the Small Business Administration
and the Minority Business Development Agency of the
Department of Commerce;and
(6) Requiring the prime contractor,if subcontracts are to
be let,to take the affirmative steps listed in paragraphs(1)
through (5)of this section.
180702- Crimson Construction (Crimson Construction Management, LLC)- Page 11 of 19
64 Davis-Bacon Act compliance. (No Response Required)
Texas Statute requires compliance with 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
CFR Part S,"Labor Standards Provisions Applicable to
Contracts Covering Federally Financed and Assisted
Construction"). In accordance with the statute, contractors
must be required to pay wages to laborers and mechanics
at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In
addition,contractors must be required to pay wages not
less than once a week.The non-Federal entity must place
a copy of the current prevailing wage determination issued
by the Department of Labor in each solicitation.The
decision to award a contract or subcontract must be
conditioned upon the acceptance of the wage
determination.The non-Federal entity must report all
suspected or reported violations to the Federal awarding
agency. The contracts must also include a provision for
compliance with the Copeland"Anti-Kickback"Act(40
U.S.C.314S),as supplemented by Department of Labor
regulations (29 CFR Part 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.
BY SUBMITTING A PROPOSAL FORTH IS
SOLICITATION,the Vendor agrees,AS REQUIRED BY
LAW,to comply with the Davis Bacon Act,IF
APPLICABLE.
65 Contract Work Hours and Safety Standards Act Where applicable, all contracts awarded by the (No Response Required)
(40 U.S.C.3701-3708) 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
CFR Part 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
workweek of 40 hours.Work in excess of the standard
workweek 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 workweek.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. By submitting a proposal to this solicitation,
and IF the customer is utilizing federal funds as described
above, the Vendor agrees to comply with the Contract
Work Hours and Safety Standards Act(40 U.S.C.
3701-3708).
180702- Crimson Construction (Crimson Construction Management, LLC)- Page 12 of 19
66 Indemnification The ESC Region 8 and TIPS is a Texas Political Yes
Subdivision and a local governmental entity;therefore, is
prohibited from
indemnifying third parties pursuant to the Texas
Constitution (Article 3,Section 52)except as specifically
provided by law or as
ordered by a court of competent jurisdiction.A provision in
a contract to indemnify or hold a party harmless is a
promise to pay for
any expenses the indemnified party incurs, if a specified
event occurs,such as breaching the terms of the contract
or negligently
performing duties under the contract.Article III,Section 49
of the Texas Constitution states that"no debt shall be
created by or on
behalf of the State..."The Attorney General has
counseled that a contractually imposed obligation of
indemnity creates a"debt"in
the constitutional sense.Tex.Att'y Gen.Op.No. MW-475
(1982). Contract clauses which require the System or
institutions to
indemnify must be deleted or qualified with"to the extent
permitted by the Constitution and Laws of the State of
Texas."Liquidated
damages, attorney's fees,waiver of vendor's liability, and
waiver of statutes of limitations clauses should also be
deleted or qualified
with"to the extent permitted by the Constitution and laws
of State of Texas."
Not a negotiable term. Failure to agree will render your
proposal non-responsive and it will not be considered. Do
you agree
to these terms?
67 Remedies The parties shall be entitled to exercise any right or Yes, I Agree
remedy available to it either at law or in equity,subject to
the choice of law,venue
and service of process clauses limitations agreed herein.
Nothing in this agreement shall commit the TIPS to an
arbitration resolution
of any disagreement under any circumstances.Any Claim
arising out of or related to the Contract,except for those
specifically waived
under the terms of the Contract, may, after denial of the
Board of Directors, be subject to mediation at the request
of either party. Any
issues not resolved hereunder MAY be referred to
non-binding mediation to be conducted by a mutually
agreed upon mediator as a
prerequisite to the filing of any lawsuit over such issue(s).
The parties shall share the mediator's fee and any
associated filing fee
equally. Mediation shall be held in Camp or Titus County,
Texas.Agreements reached in mediation shall be reduced
to writing,and
will be subject to the approval by the District's Board of
Directors, signed by the Parties if approved by the Board
of Directors, and, if
signed,shall thereafter be enforceable as provided by the
laws of the State of Texas.
Do you agree to these terms?
68 Remedies Explanation of No Answer
180702- Crimson Construction (Crimson Construction Management, LLC)- Page 13 of 19
69 Choice of Law The agreement between the Vendor and TIPS/ESC Yes
Region 8 and any addenda or other additions resulting
from this procurement process, however described,shall
be governed by,construed and enforced in accordance
with the laws of the State of Texas, regardless of any
conflict of laws principles. THIS DOES NOT APPLY to a
vendor's agreement entered into with a TIPS Member,as
the Member may be located outside Texas.
Not a negotiable term. Failure to agree will render your
proposal non-responsive and it will not be considered. Do
you agree to these terms?
70 Jurisdiction and Service of Process Any Proceeding arising out of or relating to this Yes
procurement process or any contract issued by TIPS
resulting from or any
contemplated transaction shall be brought in a court of
competent jurisdiction in Camp County,Texas and each of
the parties
irrevocably submits to the exclusive jurisdiction of said
court in any such proceeding,waives any objection it may
now or hereafter
have to venue or to convenience of forum,agrees that all
claims in respect of the Proceeding shall be heard and
determined only in
any such court, and agrees not to bring any proceeding
arising out of or relating to this procurement process or
any contract resulting
from or any contemplated transaction in any other court.
The parties agree that either or both of them may file a
copy of this paragraph
with any court as written evidence of the knowing,
voluntary and freely bargained for agreement between the
parties irrevocably to
waive any objections to venue or to convenience of forum.
Process in any Proceeding referred to in the first sentence
of this Section
may be served on any party anywhere in the world.Venue
clauses in contracts with TIPS members may be
determined by the parties.
Not a negotiable term. Failure to agree will render your
proposal non-responsive and it will not be considered. Do
you agree to these terms?
71 Alternative Dispute Resolution Explanation of No
Answer
72 Infringement(s) The successful vendor will be expected to indemnify and Yes, I Agree
hold harmless the TIPS and its employees,officers,
agents, representatives,contractors,assignees and
designees from any and all third party claims and
judgments involving infringement of patent,copyright,
trade secrets, trade or service marks,and any other
intellectual or intangible property rights attributed to or
claims based on the Vendor's proposal or Vendor's
performance of contracts awarded and approved.
Do you agree to these terms?
73 Infringement(s)Explanation of No Answer
180702- Crimson Construction (Crimson Construction Management, LLC)- Page 14 of 19
74 Acts or Omissions The successful vendor will be expected to indemnify and Yes, I Agree
hold harmless the TIPS, its officers, employees,agents,
representatives,contractors,assignees and designees
from and against any and all liability, actions,claims,
demands or suits,and all related costs,attorney's fees and
expenses arising out of,or resulting from any acts or
omissions of the vendor or its agents, employees,
subcontractors,or suppliers in the execution or
performance of any agreements
ultimately made by TIPS and the vendor.
Do you agree to these terms?
75 Acts or Omissions Explanation of No Answer
76 Contract Governance Any contract made or entered into by the TIPS is subject Yes
to and is to be governed by Section 271.151 at seq,Tex
Loc Gov't Code.Otherwise,TIPS does not waive its
governmental immunities from suit or liability except to the
extent expressly waived by other applicable laws in clear
and unambiguous language.
77 Payment Terms and Funding Out Clause Payment Terms: Yes
TIPS or TIPS members shall not be liable for interest or
late payment fees on past due balances at a rate higher
than permitted by the laws or regulations of the jurisdiction
of the TIPS Member.
Funding Out Clause:
Vendor agrees to abide by the laws and regulations,
including Texas Local Government Code§271.903, or
any statutory or regulatory limitations of the jurisdiction of
any TIPS Member which governs contracts entered into by
the Vendor and TIPS or a TIPS Member that requires all
contracts approved by TIPS or a TIPS Member are subject
to the budgeting and appropriation of currently available
funds by the entity or its governing body.
See statute(s)for specifics or consult your legal counsel.
Not a negotiable term. Failure to agree will render your
proposal non-responsive and it will not be considered.
Do you agree to these terms?
78 Insurance and Fingerprint Requirements Insurance (No Response Required)
Information If applicable and your staff will be on TIPS member
premises for delivery,training or installation etc.and/or
with an automobile,you must carry automobile insurance
as required by law.You may be asked to
provide proof of insurance.
Fingerprint
It is possible that a vendor may be subject to Chapter 22
of the Texas Education Code.The Texas Education Code,
Chapter 22, Section 22.0834. Statutory language may be
found at:http://www.statutes.legis.state.tx.us/
If the vendor has staff that meet both of these criterion:
(1)will have continuing duties related to the contracted
services;and
(2)has or will have direct contact with students
Then you have"covered"employees for purposes of
completing the attached form.
TIPS recommends all vendors consult their legal counsel
for guidance in compliance with this law. If you have
questions on how to comply,see below. If you have
questions on compliance with this code section,contact
the Texas Department of Public Safety Non-Criminal
Justice Unit,Access and Dissemination Bureau,
FAST-FACT at
NCJU@txdps.state.tx.us and you should send an email
identifying you as a contractor to a Texas Independent
180702- Crimson Construction (Crimson Construction Management, LLC)- Page 15 of 19
School District or ESC Region 8 and TIPS. Texas DIPS
phone number is(512)424-2474.
See form in the next attribute to complete entitled:
Texas Education Code Chapter 22 Contractor Certification
for Contractor Employees
79 Texas Education Code Chapter 22 Contractor Introduction: Texas Education Code Chapter 22 requires None
Certification for Contractor Employees entities that contract with school districts to provide
services to obtain criminal history record information
regarding covered employees.Contractors must certify to
the district that they have complied. Covered employees
with disqualifying criminal histories are prohibited from
serving at a school district.
Definitions:Covered employees:Employees of a
contractor or subcontractor who have or will have
continuing duties related to the service to be performed at
the District and have or will have direct contact with
students.The District will be the final arbiter of what
constitutes direct contact with students. Disqualifying
criminal history:Any conviction or other criminal history
information designated by the District,or one of the
following offenses, if at the time of the offense,the victim
was under 18 or enrolled in a public school:
(a)a felony offense under Title 5,Texas Penal Code; (b)
an offense for which a defendant is required to register as
a sex offender under Chapter 62,Texas Code of Criminal
Procedure; or(c)an equivalent offense under federal law
or the laws of another state.
I certify that:
NONE (Section A)of the employees of Contractor and any
subcontractors are covered employees,as defined above.
If this box is checked, I further certify that Contractor has
taken precautions or imposed conditions to ensure that
the employees of Contractor and any subcontractor will
not become covered employees.Contractor will maintain
these precautions or conditions throughout the time the
contracted services are provided.
OR
SOME(Section B)or all of the employees of Contractor
and any subcontractor are covered employees.If this box
is checked, I further certify that:
(1)Contractor has obtained all required criminal history
record information regarding its covered employees.None
of the covered employees has a disqualifying criminal
history.
(2)If Contractor receives information that a covered
employee subsequently has a reported criminal history,
Contractor will immediately remove the covered employee
from contract duties and notify the District in writing within
3 business days.
(3)Upon request,Contractor will provide the District with
the name and any other requested information of covered
employees so that the District may obtain criminal history
record information on the covered employees.
(4)If the District objects to the assignment of a covered
employee on the basis of the covered employee's criminal
history record information,Contractor agrees to
discontinue using that covered employee to provide
services at the District.
Noncompliance or misrepresentation regarding this
certification may be grounds for contract termination.
180702- Crimson Construction (Crimson Construction Management, LLC)- Page 16 of 19
80 Texas Business and Commerce Code§272 SB 807 prohibits construction contracts to have provisions (No Response Required)
Requirements as of 9-1-2017 requiring the contract to be subject to the laws of another
state,to be required to litigate the contract in another
state,or to require arbitration in another state. A contract
with such provisions is voidable. Under this new statute, a
"construction contract" includes contracts,subcontracts,or
agreements with (among others)architects,engineers,
contractors,construction managers,equipment lessors,or
materials suppliers. "Construction contracts"are for the
design,construction, alteration, renovation, remodeling,or
repair of any building or improvement to real property,or
for furnishing materials or equipment for the project. The
term also includes moving, demolition,or excavation. BY
RESPONDING TO THIS SOLICITATION,AND WHEN
APPLICABLE,THE PROPOSER AGREES TO COMPLY
WITH THE TEXAS BUSINESS AND COMMERCE CODE
§272 WHEN EXECUTING CONTRACTS WITH TIPS
MEMBERS THAT ARE TEXAS GOVERNMENT
ENTITIES.
81 Texas Government Code 2270 Verification Form Texas Government Code 2270 Verification Form YES
Texas 2017 House Bill 89 has been signed into law by the
governor and as of September 1,2017 will be codified as
Texas Government Code§2270 and 808 at seq.
The relevant section addressed by this form reads as
follows:
Texas Government Code Sec. 2270.002. PROVISION
REQUIRED IN CONTRACT. A governmental entity may
not enter into a contract with a company for goods or
services unless the contract contains a written verification
from the company that it: (1)does not boycott Israel;and
(2)will not boycott Israel during the term of the contract
engaged by ESC Region 8/The Interlocal Purchasing
System(TIPS)
4845 Highway 271 North
Pittsburg,TX 75686
Verify by this writing that the above-named company
affirms that it(1)does not boycott Israel;and (2)will not
boycott Israel during the term of this contract,or any
contract with the above-named Texas governmental entity
in the future. I further affirm that if our company's position
on this issue is reversed and this affirmation is no longer
valid,that the above-named Texas governmental entity will
be notified in writing within one(1)business day and we
understand that our company's failure to affirm and comply
with the requirements of Texas Government Code 2270 at
seq. shall be grounds for immediate contract termination
without penalty to the above-named Texas governmental
entity.
AND
Our company is not listed on and we do not do business
with companies that are on the the Texas Comptroller of
Public Accounts list of Designated Foreign Terrorists
Organizations per Texas Gov't Code 2270.0153 found at
https://comptroller.texas.gov/purchasing/docs/foreign-terrorist.pdf
I swear and affirm that the above is true and correct.
82 Solicitation Deviation/Compliance Does the vendor agree with the General Conditions Yes
Standard Terms and
Conditions or Item Specifications listed in this proposal
invitation?
180702- Crimson Construction (Crimson Construction Management, LLC)- Page 17 of 19
83 Solicitation Exceptions/Deviations Explanation If the bidder intends to deviate from the General
Conditions Standard Terms and Conditions or Item
Specifications listed in this proposal invitation,all such
deviations must be listed on this attribute,with complete
and detailed conditions and information included or
attached.
TIPS will consider any deviations in its proposal award
decisions,and TIPS reserves the right to accept or reject
any bid based upon any deviations indicated below or in
any attachments or inclusions.
In the absence of any deviation entry on this attribute,the
proposer assures TIPS of their full compliance with the
Standard Terms and Conditions, Item Specifications,and
all other information contained in this Solicitation.
84 Agreement Deviation/Compliance Does the vendor agree with the language in the Vendor Yes
Agreement?
85 Agreement Exceptions/Deviations Explanation If the proposing Vendor desires to deviate form the Vendor
Agreement language, all such deviations must be listed on
this attribute,with complete and detailed conditions and
information included. TIPS will consider any deviations in
its proposal award decisions,and TIPS reserves the right
to accept or reject any proposal based upon any deviations
indicated below. In the absence of any deviation entry on
this attribute,the proposer assures TIPS of their full
compliance with the Vendor Agreement.
180702- Crimson Construction (Crimson Construction Management, LLC)- Page 18 of 19
Line Items
Response Total: $0.00
180702- Crimson Construction (Crimson Construction Management, LLC)- Page 19 of 19
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Insert TIPS RFP#180702
FAILURE TO PROPERLY COMPLETE THIS FORM AND SUBMIT WITH YOUR RESPONSE MAY RESULT IN A
WAIVER OF YOUR RIGHTS UNDER THE LAW TO MAINTAIN CONFIDENTIALITY TREATMENT OF
SUBMITTED MATERIALS
CONFIDENTIAL INFORMATION SUBMITTED IN RESPONSE TO COMPETITIVE PROCUREMENT REQUESTS
OF EDUCATION SERVICE CENTER REGION 8 AND TIPS (ESC8) IS GOVERNED BY TEXAS GOVERNMENT
CODE, CHAPTER 552
If you consider any portion of your proposal to be confidential information and not subject to public disclosure pursuant
to Chapter 552 Texas Gov't Code or other law(s),you IUUaLmake a My of all claimed confidential materials
within your proposal and put this COMPLETED form as a cover sheet to said materials then scan, name
"CONFIDENTIAL"and upload with your proposal submission. (You must include the confidential information in
the submitted proposal as well, the copy uploaded is to indicate which material in your proposal, if any,you deem
confidential in the event the receives a Public Information Request.) ESC8 and TIPS will follow procedures of
controlling statute(s) regarding any claim of confidentiality and shall not be liable for any release of information
required by law. Pricing of solicited product or service may be deemed as public information under Chapter 552 Texas
Gov't Code. The Office of Texas Attorney General shall make the final determination whether the information held by
ESC8 and TIPS is confidcntial and exempt from public disclosure,
If you claim that parts of your proposal are confidential,complete the top section below.
I claim part of my proposal to be confidential and DO NOT desire to expressly waive any claim of confidentiality
as to any and all information contained within our response to the competitive procurement process (e.g. RFP, CSP,
Bid, Rli etc.) by completing the following and submitting this sheet with our response to Education Service Center
Region 8 and TIPS. The attached contains material from our proposal that I classify and deem confidential under Texas
Gov't Code Sec. 552 or other law(s) and I invoke my statutory rights to confidential treatment of the enclosed
materials.
Name of company claiming confidential status of material
Printed Name and Title of authorized company officer claiming confidential status of material
Address City State ZIP Phone
ATTACHED ARE COPIES OF PAGES OF CONFIDENTIAL MATERIAL FROM OUR
PROPOSAL
Signature Date
OR
If you t claim any of your proposal to be confidential, complete the section below only.
Express Waiver: I desire to expressly waive any claim of confidentiality as to any and all information
contained within our response to the competitive procurement process (e.g. RFP, CSP, Bid, RFQ, etc.) by
completing the following and submitting this sheet with our response to Education Service Center Region 8 and
TIPS.
Crimson Construction Management, LLC Brandon Rodriguez
Printed Name authorized company officer Title of authorized company officer
411 Peacock Cir Duncanville TX 75137 972-818-5051
Address City State ZIP Phone
_
Signatur
Date V/9 a?Ql
Liberty Mutual.
SURETY
Mike J. Bauman
Field Product pine Sr.Underwriter
5100 N.Brookline,41055
Oklahoma City,OK 73112
(405) 200-0630
Michael.Bauman@l,iberi�,Mti tti.iI.cc,i i
March 16, 2017
To: Whom It May Concern
Re: Crimson Construction Management
Dear Sir/Madam.-
Crimson Construction Management is a current surety client of The Ohio Casualty Insurance
Company/Liberty Mutual Surety. We have provided surety credit on their behalf since 2017.
Under advantageous circumstances of all parties involved,we could potentially approve a single
bond amount of$1,000,000 and an aggregate program amount of$1,000,000 for this account.
This letter should not be construed as an agreement to provide a surety bond, but is offered as an
indication of our current evaluation of Crimson Construction Management. Any determination as to
approval of a final bond for Crimson Construction Management will be subject to review and
approval of underwriting conditions (including the individual contract terms) that may exist at the
time the bond is requested by Crimson Construction Management. This letter does not constitute an
assumption of liability. Any request for bonds is a matter between Crimson Construction
Management and Surety, and we assume no liability to you or any third party if for any reason we do
not execute said bond.
If we can provide any additional information, please do not hesitate to call upon us.
Sincerely,
I abey4,Mutual Safrety
kv
Mike J. Bauman
Field Product Line Sr. Underwriter
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Crimson Construction Management, LLC
Criirisor�
COMMERCIAL ROOFING SERVICES
• Commercial & Industrial Roofs • EPDM
• Asphalt Roofs • Single-Ply1TPO
• Flat Roofs • Mechanically Fastened
• High Pitched Roofs • Metal Slope Roofs
• Foam Roofs • Asphalt Shingle Roofs
• Tile Roof • Roof Repairs, Restorations &
• Shake Roofs Maintenance
• Protective Coatings • Property Inspections
• Built-Up Gravel & Modified • Estimates & Roof Reports
Bitumen • Roof Tracking Maintenance
Program
Insert TIPS RFP#180702
FAILURE TO PROPERLY COMPLETE THIS FORM AND SUBMIT WITH YOUR RESPONSE MAY RESULT IN A
WAIVER OF YOC1R RIGHTS UNDER THE LAW TO MAINTAIN CONFIDENTIALITY TREATMENT OF
SUBMITTED MATERIALS
CONFIDENTIAL INFORMATION SUBMITTED IN RESPONSE TO COMPETITIVE PROCUREMENT REQUESTS
OF EDUCATION SERVICE CENTER REGION 8 AND TIPS (ESC8) IS GOVERNED BY TEXAS GOVERNMENT
CODE, CHAPTER 552
If you consider any portion of your proposal to be confidential information and not subject to public disclosure pursuant
to Chapter 552 Texas Gov't Code or other law(s),you must matte a fj ,nv of all claimed confidential materials
within your proposal and put this COMPLETED form as a cover sheet to said materials then scan, name
"CONFIDENTIAL"and upload with your proposal submission. (You must include the confidential information in
the submitted proposal as well, the copy uploaded is to indicate which material in your proposal, if any,you deem
confidential in the event the receives a Public Information Request.) ESC8 and TIPS will follow procedures of
controlling statute(s) regarding any claim of confidentiality and shall not be liable for any release of information
required by law. Pricing of solicited product or service may be deemed as public information under Chapter 552 Texas
Gov't Code. The Office of Texas Attorney General shall make the final determination whether the information held by
ESC8 and TIPS is confidential and exempt from public disclosure.
If you claim that parts of your proposal are confidential,complete the top section below.
I claim part of my proposal to be confidential and DO 3. QT desire to expressly waive any claim of confidentiality
as to any and all information contained within our response to the competitive procurement process (e.g. RFP, CSP,
Bid, RFQ, etc.) by completing the following and submitting this sheet with our response to Education Service Center
Region 8 and TIPS. The attached contains material from our proposal that I classify and deem confidential under Texas
Gov't Code Sec, 552 or other law(s) and I invoke my statutory rights to confidential treatment of the enclosed
materials.
Name of company claiming confidential status of material
Printed Name and Title of authorized company officer claiming confidential status of material
Address City State ZIP Phone
ATTACHED ARE COPIES OF PAGES OF CONFIDENTIAL MATERIAL FROM OUR
PROPOSAL
Signature Date
OR
If you dU ilot claim any of your proposal to be confidential, complete the section below otlt..
Express Wllver; I desire to expressly waive any claim of confidentiality as to any and all information
contained within our response to the competitive procurement process (e.g. RFP, CSP, Bid, RFQ, etc.) by
completing the following and submitting this sheet with our response to Education Service Center Region S and
TIPS.
Crimson Construction Management, LLC Brandon Rodriguez
Printed Name authorized company officer Title of authorized company officer
411 Peacock Cir Duncanville TX 75137 972-818-5051
Address City State ZIP
Phone
Signatur Date 7zlq o?4f
CONSTRUCTION CHECKLIST FOR TEXAS PUBLIC GOVERNMENT ENTITIES WHEN
UTILIZING COOPERATIVE CONSTRUCTION JOB ORDER CONTRACTING (JOC)
TIPS is not providing legal advice with this document but is alerting TIPS Members of statutory requirements
that could be applicable to a TIPS Member's purchase when utilizing a cooperative JOC contract. TIPS
recommends that you consult your legal counsel when entering into a contract.
Job Order Contracting is the only delivery method included in Texas Government Code § 2269 which can
functionally be procured through a cooperative contract.' When contracting for construction services the
following actions should be considered:
The Texas Government Entity's Governing Body Must:
a. Select the Construction Delivery Method of Job Order Contract as the method which provides the best
value for the governmental entity, when required.2
b. Ensure that your entity has entered into an interlocal agreement with, or has otherwise become a member
of, the selected purchasing cooperative.3
c. Certify determination of need for Architect or Engineer. Per Texas Government Code 791.0110), local
governments procuring "construction related goods or services" greater than $50,000.00 through an
interlocal agreement, must have written certification determining the need for and/or engagement of a
project Architect or Engineer.4
d. Select independent design professionals, Architects and Engineers, as appropriate pursuant to the Texas
Occupations Code. The selected contractor cannot provide these services. Generally, Architects are
required for renovations to buildings costing $50,000.00 or more and for new buildings costing
$100,000.00 or more. Generally, Engineers are required for projects costing $8,000.00 or more which
include electrical or mechanical modifications and if no electrical or mechanical modifications, then any
project of $20,000.00 or more. These are basic descriptions and there are more complex rules and
considerations in determining the need for independent design professionals.5
e. For any contract for a public work awarded by a political subdivision of the state, one must determine the
prevailing wage rate for the geographic area which is typically done by determining the Davis Bacon
Wage Rates. The current Davis-Bacon Wage Rates can be found at https://wdolhome.sam.gov/. This is
required by FEMA, The Texas Department of Agriculture in relation to Child Nutrition Funds, and
EDGAR funds. Texas law provides an alternative survey method which is not commonly used but can be
found described in Texas Government Code Chapter 2258.E
f. Make any delegations of authority to authorized representative, committee, or other person related to the
construction procurement process. Notice of any delegation,the limits of the delegation, and the name or
title of each person designated must be provided in notice by rule or through the published solicitation.
This is often done through a resolution prepared by legal counsel and approved by the governing body.
g. The governing body of a governmental entity shall approve each job, task, or purchase order that exceeds
$500,000.00 for JOC procured through a cooperative contract.$
1 See Texas Government Code Chapter 2269;§2269.406-407.Found at https://statutes.capitol.texas.goy/Docs/GV/htm/GV.2269.htm.
z See Texas Government Code Chapter 2269;§2269.056(a).Found at https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2269.htm.
3 See Texas Government Code Chapter 791:§791.011(d)(1). Found at https://statutes.capitol.texas.sov/Docs/GV/htm/GV.791.htm.
°See Texas Government Code Chapter 791:§791.011(j). Found at https:Hstatutes.capitol.texas.sov/Docs/GV/htm/GV.791.htm.
5 See Texas Occupations Code§§1001.053&1051.703.Found at https://statutes.capitol.texas.sov/Docs/OC/htm/OC.1001.htm#1001 and
https://statutes.ca pito l.texa s.Soy/Docs/OC/htm/OC.1051.htm#1051.703.
6 See Texas Government Code Chapter 2258;§2258.022.Found at https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2258.htm.
7 See Texas Government Code Chapter 2269;§2269.053.Found at https://statutes.capitol.texas.goy/Docs/GV/htm/GV.2269.htm.
8 See Texas Government Code Chapter 2269;§2269.403.Found at https://statutes.capitol.texas.goy/Docs/GV/htm/GV.2269.htm.
The Entity Must (which may or may not require the governing body's approval depending on local policy):
a. Prior to beginning the project, obtain proper Payment Bonds (generally required for projects valued at
$25,000.00 and greater) and Performance Bonds (generally required for projects valued at $100,000.00
and greater) for public works contracts.9
b. Obtain documentation that the contractor is providing workers compensation, general liability, and other
insurance certificates for any project regardless of the size of the project.
c. Work with your attorney to draft and review contracts for public work construction.
d. If the project requires governing body approval OR exceeds $1,000,000.00, obtain the Form 1295
Disclosures from the entity with which your entity is contracting and acknowledge that receipt with the
State BEFORE signing any contracts.10
e. When required, include written verification in the contract that the contracting party does not boycott
Israel."
f. Confirm that the contract provides that it will be governed and interpreted in accordance with the laws of
the State of Texas as required by the Texas Business and Commerce Code. A provision providing
exclusive venue of state district courts in your county is recommended.12
g. Check the Texas Comptroller's website located at:
https://comptroller.texas.goy/purchasing,/publications/divesttnent.php and document that the Vendor not
listed on any of the Comptroller's divestment lists in connection with Tex. Govt. Code 808.051, Tex.
Govt. Code 2252.153, and Tex. Govt. Code 2270.0209,and for compliance with contracting requirements
referenced in Tex. Govt. Code 2252.152, and Tex. Govt. Code 2270.002.13
h. Ensure contractor and subcontractor compliance with Texas Education Code § 22.08341 et. seq.regarding
criminal history information review by certain public works contractors and subcontractors.14
i. Carefully review your entity's governing body's policies, specifically CV and CH Local for Texas School
Districts.
9 See Texas Government Code Chapter 2253;§2253.021.Found at https://statutes.capitol.texas.goy/Docs/GV/htm/GV.2253.htm.
10 See Texas Government Code§2252.908 found at https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2252.htm. See also,
https://www.ethics.state.tx.us/filinginfo/1295 .
11 See Texas Government Code Chapter 2271;§2271.002.Found at https://statutes.capitol.texas.goy/Docs/GV/htm/GV.2253.htm.
1z See Texas Business and Commerce Code Chapter 272;§272.001.Found at https:Hstatutes.capitol.texas.gov/Docs/BC/htm/BC.272.htm.
1s See https://comptroller.texas.sov/purchasing/publications/divestment.php.
14 See Texas Education Code Chapter 22;§22.08341.Found at https:Hstatutes.capitol.texas.gov/Docs/ED/htm/ED.22.htm#22.08341.
CERTIFICATION OF DETERMINATION OF NEED FOR ARCHITECT OR ENGINEER
Texas Govt Code 791.0110) requires the following written certification determining the need
for and/or engagement of a project Architect or Engineer when a Texas local government
utilizes an Interlocal Agreement to procure construction related services utilizing a Job Order
Contract.
have been designated by the Texas
(insert name)
local government entity
(insert name)
located at
(insert address)
to determine whether or not an Architect or Engineer is required for the project described here
(insert project description on the next two lines)
I have determined that an Architect or Engineer is required. Type YES or NO here
If it is determined that an Architect or Engineer is required for the above referenced project, the
following firm or firms were engaged for the project described herein.
(insert names and addresses of firm(s)below)
Signature of designee listed above
Date
Below are helpful guides to when an Architect or Engineer are required in Texas. If you are
unsure,please consult your legal counsel or an Architect or Engineer that is licensed in Texas.
TX Govt Code 791 . 011 (j)
(j ) For the purposes of this subsection, the term
"purchasing cooperative" means a group purchasing organization
that governmental entities join as members and the managing
entity of which receives fees from members or vendors . A local
government may not enter into a contract to purchase
construction-related goods or services through a purchasing
cooperative under this chapter in an amount greater than $50, 000
unless a person designated by the local government certifies in
writing that:
(1) the project for which the construction-related
goods or services are being procured does not require the
preparation of plans and specifications under Chapter 1001 or
1051, Occupations Code; or
(2) the plans and specifications required under
Chapters 1001 and 1051, Occupations Code, have been prepared.
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Schedule C
If you are uncertain how to complete this form, please call for guidance so you are not disqualified.
PRICING EXHIBIT
RCSP 180702 Roofing(JOC)
There is additional information in the RCSP document on RS Means. You may go to the R5 Means website to
learn more about this price book. https://www.rsmeans.com
The RS Means Price Book is adjusted for different geogLa hic areas by using a City Cost Index multiplier for
each location. This is in the definitions section of the RCSP document. Example: The current Dallas' City
Cost Index is 86.9%and it is included in the sample calculation below.
EXAMPLE:
Unit Price Book cost $100.00
City Cost Index (Dallas) .869
Contractor Coefficient .95
Formula (UPB) x (City Cost Index) x (Contractor Coefficient)
Cost To TIPS Member ($100.00) x (.869) x (.95) = $82.555
TIPS Fee ($82.555) x (.02) = $1.6511
Net To Contractor ($82.555) — ($1.6511) = $80.90
TO BE CONSIDERED, YOU MUST ENTER THE COEFFICIENT you propose to apply to the RS Means
Price Book Pre-Priced Tasks for all divisions.
RS Means (All Divisions) ' Regular Hours Multiplier Coefficient 1 .5 After Hours Multiplier Coefficient **
Any regular hours coefficient of 1.5 or greater will receive 0 points for the pricing criterion.
Please list the geographic markets where you are licensed, and desire to perform work. You may select
national coverage or states. Check the appropriate box below:
❑ National Coverage
FStates—List the abbreviation of each desired state in the space below. (Example: AR, MO, TX, Etc.)
TX
Non-Pre-Priced Markup 30 %TO BE CONSIDERED,YOU MUST ENTER THE MARKUP
Non-pre-priced line items are items not found in the Unit Price Book. Enter in the blank above your
percentage markup that includes overhead and profit.
Contractor Name Crimson Construction Management, LLC
Authorized Representative Name Brandon Rodriguez
'
Authorized Representative Signatur 7
Date
07/09/2018
Page 1 of 1
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CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the low by H.B.23,64th Leg.,Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who pate Received
has a business relationship as delined by Section 176-001(1-a)with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1),Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006,Local Government Code.An
offense under this section is a misdemeanor.
IJ Name of vendor who has a business relationship with local governmental entity.
Crimson Construction Management, LLC
Check this box if you are filing an update to previously filed questionnaire.(The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the data on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the Information Is being disclosed.
N/A
Name of Officer
4 Describe each employment or other business relationship with the local government officer,or a family member of the
officer,as described by Section 176-003(a)(2)(A). Also describe any family relationship with the too of government officer.
Complete subparts A and B for each employment or business relationship described.Attach additional pages to this Form
CIO as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income,from the vendor?
Yes F-1 No
B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction
of the Iocal government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
Yes E7 No
5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director,or holds an
ownership interest of one percent or more.
6
❑ Check this box if the vendor has given the Iocal government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2)(B),excluding gifts described in Section 176.003(a-1).
10/20/2020
Signature of vendor doing business with the governmental entity Bale
Form provided by Texas EINCS CommiSSW www.etnics.state.tx.us Revised 11W2015
TIPS Contract RSCP 180702
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/
Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.
Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an
agency of a federal,state,or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public;or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by, and reporting to,that agency.
Local Government Code§176.003(a)(2)(A)and(B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds $2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than$100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code$176.006(a)and(a-1)
(a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity,or a family member of the
officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any
gift described by Section 176.003(a-1);or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity; or
(B) submits to the local governmental entity an application,response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity;or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a
family member of the officer,described by Subsection(a);
(B) that the vendor has given one or more gifts described by Subsection (a);or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRT�Tli
COUNCIL ACTION: Approved on 10/16/2018
DATE: 10/16/2018 REFERENCE **p-12260 LOG NAME: 13P18-0411 ROOF REPAIR
NO.: REPLACEMENT SKR
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Non-Exclusive Purchase Agreements for Roof Repair and Replacement
Services with Bazan Roofing, Inc., Castro Roofing of Texas LLC., and Crimson
Construction Management LLC., Using the Interlocal Purchasing System Cooperative
Contract in a Combined Annual Amount of$8,500,000.00 for the Initial Two-Year Term
and Authorize One One-Year Renewal Options for the City Departments (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize execution of nonexclusive contracts with Bazan Roofing
Inc., Castro Roofing of Texas LLC, and Crimson Construction Management LLC, for roof repair and
replacement services in a combined amount up to$8,500,000.00 for the initial two-year term. This
agreement will begin on execution and expire on September 30, 2020 after an initial two-year term and will
have one one-year renewal option for the City Departments.
DISCUSSION:
The City of Fort Worth (City)will use these contracts to purchase roof repair and replacement services on
an as-needed basis. Roof repair and replacement services are used by various City departments in
connection with a variety of projects.
Price Analysis- Prices under the TIPS contract 180702 were compared and it was discovered a discount
was going to be applied under the contract. The service provided under the TIPS contract 180702 will help
replace the services from previous resources. No guarantee was made that a specific amount of services
would be purchased. However, the City departments determined that all three contracting entities will be
awarded with the same amount up to$2,833,333.33 from the TIPS contract 180702.
Administrative Change Order-An administrative change order or increase may be made by the City
Manager in the amount of$100,000.00 for the TIPS contract 180702 and does not require specific City
Council approval as long as sufficient funds have been appropriated.
Contract terms- Upon City Council approval, the contracts will begin on execution and expire on
September 30, 2020. The City will have one one-year options to renew, at the City's sole discretion.
M/WBE -A waiver for MBE/SBE subcontracting requirements is not allowed due to the Cooperative
Agreement.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budgets, as appropriated,
of the participating departments and that prior to an expenditure being made, the participating Department
has the responsibility to validate the availability of funds. Future year contract renewals are subject to
appropriation of funds for this purpose by the Mayor and City Council.
BQN\18-0411\SR
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=26446&councildate=10/16/2018 10/19/2020
M&C Review Page 2 of 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Cynthia Garcia (8525)
Additional Information Contact: Steven Rathers (2057)
Blanca Robison-Sanchez (8354)
ATTACHMENTS
1295 Crimson Construction Management LLC.odf
Bazan 1295.pdf
Form 1295 Certificate Castro Roofing.pdf
http://apps.cfwnet.org/council_packet/mc review.asp?ID=26446&councildate=10/16/2018 10/19/2020