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HomeMy WebLinkAboutContract 57036 CSC No. 57036 FORT WORTH CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement ("Agreement") is entered into by and between Crimson Construction Management,LLC ("Vendor")and the City of Fort Worth,("City"),a Texas home rule municipality. The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1. This Cooperative Purchase Agreement; 2. Exhibit A— Seller's Quote, Scope of Services or Purchase Order; 3. Exhibit B —Cooperative Agency Contract(e.g.,NJPA, DIR, BuyBoard); and 4. Exhibit C—Conflict of Interest Questionnaire Exhibits A, B, and C,which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the provisions of this Agreement. Total payment made under this Agreement for each year by City shall not exceed Two Million Eight Hundred Thirty-Three Thousand Three Hundred Thirty-Three Dollars ($2,833,333.00). Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. The initial term of this Agreement shall be for two years beginning on December 15, 2021 and ending on September 30, 2023. The City shall be able to renew this agreement for two (2) one-year renewal options by written agreement of the parties. Vendor agrees that City shall,until the expiration of three(3)years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books,documents,papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that 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. City shall give Vendor reasonable advance notice of intended audits. 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: OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX To CITY: To VENDOR: City of Fort Worth Crimson Construction Management LLC Attn: Dana Burghdoff, Assistant City Manager Brandon Rodriguez 200 Texas Street 411 Peacock Circle Fort Worth,TX 76102-6314 Duncanville, TX 75137 Facsimile: (817)392-8654 Facsimile: N/A With copy to Fort Worth City Attorney's Office at same address The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Vendor. CITY OF FORT WORTH: City of Fort Worth Contract Compliance Manager: By signing 1 acknowledge that I am the person Dana Bur�bloFF responsible for the monitoring and administration of By; Dana Burghdoff(Jran 24,202216:45 CST) this contract, including ensuring all performance Name: Dana Burghdoff and reporting requirements. Title: Assistant City Manager t/ P Date: Jan 24,2022 By; Alan H�Shuror(Jan 19,2022 17:26 CST) Name: Alan Shuror Approval Recommended: Title: Assistant Property Management Director Approved as to Form and Legality: By: Steve obke(Jan 2212:33 CST) Name: Steve Cooke Title: Property Management Director By; Attest: Name: Taylor Paris Title: Assistant City Attorney 7g�r�re��e S Goo�lgGG By: Jannette S.Goodall(Jan 25,2022 08:52 CST) Contract Authorization: Name: Jannette Goodall pga�FpRr��a M&C: 21-0950 a Fk�)000541 000— a Title: City Secretary 0.t.00d ��o°o d VENDOR: 0�a�nFXASa� Crimson Construction Management LLC By: _Z!5 --- Name: Brandon Rodriguez Title: President OFFICIAL RECORD Date: —1 �a �-- _ CITY SECRETARY FT.WORTH, TX N N EXHIBIT A SCOPE OF WORK 1.0 SCOPE 1.1 Vendor will supply labor,materials,parts,tools, and equipment necessary to perform Roofing Repair and Replacement Services that shall be purchased through the Cooperative Agreement TIPS RCSP 210603 Roofing(2 Part JOC)—Part 2 Only. 1.2 Purchases may be made by the City at any time during the contract term,as determined by the City. 1.3 Additional services of the same general category that could have been encompassed in the award of this Agreement, and that are not already on the Agreement,may be added based on the discount bid and price sheet provided with the bid by written,mutual, agreement of the parties. 1.4 Vendor is responsible for obtaining any required permits in the performance of this scope of work: 1.5 Vendor is responsible for ensuring work is inspected by proper officials upon completion 2.0 DEFINITIONS 2.1 Department Contract Manager shall be City of Fort Worth employee assigned to manage the compliance,oversight and/or administration of the contract or project for their department of employment 2.2 Designee shall be a City of Fort Worth employee assigned by the Department Contract Manager to assist with the compliance,oversight and/or administration of the contract or project 3.0 PROJECT QUOTATION PROCESS 3.1 Vendor shall provide a firm fixed quotation for repair in writing before proceeding with any repair work. When requested,Vendor shall provide an estimate for replacement of the equipment,in lieu of repair. If job estimates exceed $5,000 or the estimated cost is deemed unreasonable,the City may at its discretion competitively bid the work out as an independent contract. 3.2 The Department Contract Manager or designee shall provide the Vendor with the location, onsite contact, and general description of the service request. 3.3 For each project,Vendor shall submit a firm fixed price quotation to the Department Contract Manager or designee within five (5)business days of the notification for review by the Department Contract Manager or designee,or at a time mutually agreed upon between the Vendor and the Department Contract Manager or designee 3.4 The quotation will be evaluated for accuracy,demonstrated understanding of the project scope of work, schedule,and price. 3.5 Vendor shall provide a written firm-fixed price quote,based on the labor rates listed in the bid lines 3.6 The firm-fixed price quote shall include: 3.6.1 Description of the work to be performed including the type of service or products to be provided. 3.6.2 Itemized estimate of the materials including associated percent markup. 3.6.3 Itemized estimate of any rental equipment required,markup will not be permitted 3.6.4 Rental equipment may include,but is not limited to,aerial lifts,earth moving equipment,forklifts, specialty construction tools, specialty plumbing tools 3.6.5 Labor costs including number of hours,pay rates and worker classifications 3.6.6 A timeline,including proposed start and finish dates. 3.7 The submission of a firm fixed price quotation is evidence that the Vendor has familiarized himself/herself with the nature and extent of the work and any local conditions that may,in any manner,affect the scope of the work to be done, and the equipment,materials,labor,etc. Required.No variation in price or conditions shall be permitted based on the claim of ignorance,negligence,or false representation. 3.8 The Department Contract Manager or designee will review the quotations and,if in agreement/approves the quote,will issue a Department Purchase Order(PO)to the Vendor who submitted the lowest firm fixed price quote that meets the project scope of work requirements. 3.9 Vendor will not begin work without a Purchase Order from the City. 3.10 City reserves the right to reject any and all quotes. If the Department Contract Manager or designee does not agree with the lowest fixed-price quote as presented,the Department Contract Manager or designee may contact the Vendor to discuss and resolve. Once in agreement,the Vendor shall submit a revised fixed-price quote for approval to the Department Contract Manager or designee in one (1)business day,or at a time mutually agreed to between the Vendor and the Department Contract Manger or designee.The City may elect to reject the lowest fixed-price quote that does not meet project scope requirements and award to the next lowest fixed-price quote which meets the project scope of work. 3.11 Vendor shall acknowledge receipt of the PO by contacting the Department Contract Manger or designee by email or phone and within two(2)business days to schedule a start date. Services shall start within ten(10)business days of written approval by the City,or at a time mutually agreed to between the Vendor and Department Contract Manager or designee 3.12 Vendor shall complete the work within the time stated in the firm fixed price quotation. 3.13 Vendor shall notify the Department Contract Manager or designee upon completion of the services. 3.14 Vendor shall request additional time,in writing,if the Vendor determines the services being performed cannot be completed as specified in the firm fixed price quotation. 3.15 Vendor shall not increase the original fixed price quote for any Vendor requested time extension due to delays caused by the vendor. 3.16 Changes to Project Quotes 3.16.1 The firm fixed price quote is the maximum amount the City will pay for the service,regardless of increases in labor,equipment or materials initiated by the Vendor.Vendor changes to the approved firm fixed price quotation shall not increase the total dollar amount of fixed price quotation 3.16.2 Vendor shall immediately notify the Department Contract Manager or designee in writing(by email)if additions,deletions, and/or revisions to a job assignment are needed. 3.16.3 Within one(1)business day of verbal notification,the Vendor shall submit a written Project Quotation Change Request to the Department Contract Manager or designee.The City reserves the right to reject any changes to the project firm fixed price quotation requested by the Vendor.Under no circumstances shall Vendor proceed with changes to the project firm fixed price quotation without written approval from the Department Contract Manager or designee. 3.16.4 The Project Quotation Change Request shall include the following 3.16.4.1The adjustment in the project time,if applicable 3.16.4.2If the City requests to change a fixed-price quote due to a change in the scope of work that would increase the number of labor hours required or the amount of materials required,the Vendor shall amend the original amount and,upon approval and acceptance by the Department Contract Manager,of the amended fixed-price quote, shall be reimbursed for the changes 4.0 UNIT PRICE 4.1 Vendor shall offer a discount off of catalog or price list for supplies,materials and equipment and a not-to-exceed hourly labor rate as listed below: 4.1.1 Minimum Discount Percentage applied to any offering of goods or services shall be 5% 4.1.2 Regular Hour Ceiling Coefficient Pricing shall be .95 for the RS Means Price Book 4.1.2.1 Regular Hour Ceiling Coefficient may be lower than .95,but shall not be higher. 4.1.3 After Hour Ceiling Coefficient Pricing shall be 1.45.for the RS Means Price Book 4.1.3.1 After Hour Ceiling Coefficient may be lower than 1.45,but shall not be higher. 4.1.3.2 4.1.4 Minimum Discount Percentage applied to any non-pre-priced items in the RS Means Unit Price Book shall be 20% 4.1.4.1 Minimum Discount Percentage may be lower than 20%,but shall not be higher. 5.0 HOURS OF SERVICE 5.1 Normal business hours shall be Monday—Friday, 8:00 A.M.—5:00 P.M. 5.1.1 Any changes will be communicated,in writing,to the Vendor at least one (1) business day before work is to begin 5.2 Night hours shall be 5:01 P.M.—7:59 A.M.Monday—Thursday 5.3 Weekend hours shall be 5:01 P.M.—7:59 A.M.—Friday—Monday 5.4 Holiday hours shall be all day during City observed Holidays 5.4.1 New Year's 5.4.2 Martin Luther King Jr Day 5.4.3 Memorial Day 5.4.4 Juneteenth 5.4.5 July 4th 5.4.6 Labor Day 5.4.7 Thanksgiving Thursday and the following Friday 5.4.8 Christmas 6.0 DELIVERY 6.1 Vendor will deliver products and services as specified on the Purchase Order submitted by the Department Contract Manager or designee. 6.2 Vendor will deliver products and services during normal business hours,Monday—Friday, 8:00 A.M.—5:00 P.M,unless otherwise requested by the Department Contract Manager or designee. 6.3 Vendor will not deliver products or services on City Observed Holidays as noted in section 5.4. 6.4 Vendor will deliver order(s)F.O.B Destination and the City will reimburse Vendor for transportation costs in the amount specified in Vendor's proposals or actual costs,whichever is lower,if the quoted delivery terms do not include transportation costs;provided,City shall have the right to designate what method of transportation shall be used to ship the goods. 6.5 The place of delivery will be set forth in the "Ship to" block of the purchase order,purchase change order,or release order. 6.6 Product will be packed to secure the lowest transportation costs and to conform to requirements of common carriers. 6.7 Product must be packaged in accordance with commercial practices 6.8 Each shipping container shall be clearly and permanently marked as follows: 6.8.1 Vendor's Name 6.8.2 Vendor's Address 6.8.3 City Building Name 6.8.4 City Building Address 6.8.5 Purchase Order Number or Purchase Change Order Number 6.8.6 Container number and total number of containers(e.g.box 1 of 4 boxes) 6.8.7 Container number bearing the packing slip or list 6.8.7.1 The City's count or weight shall be final and conclusive on shipments not accompanied by a packing slip or list 6.9 The City will inspect the products upon delivery before accepting delivery of products. Vendor shall be responsible for all charges for the return to the Vendor of any goods rejected as being nonconforming under the specifications. 7.0 VENDOR RESPONSIBILITIES 7.1 Vendor must have a designated representative on staff to supervise operations with respect to safety. 7.2 Vendor shall pick up and deliver equipment requiring shop work unless otherwise requested by the Department Contract Manager or designee. 7.2.1 Compensation for pick-up and delivery of equipment shall be reimbursed per mile required for transportation from the site to Vendor's shop. 7.3 Vendor is responsible for 7.3.1 Ensuring the safety of their employees,City employees and the general public during performance of all services under this contract. 7.3.2 Ensuring that all crews are fully and properly equipped to perform services promptly and safely 7.3.3 Complying with all provisions of the Occupational Health and Safety Act (OSHA)to protect the life and health of employees and other persons; to prevent damage to property,materials,supplies and equipment; ad to avoid work interruptions 7.3.4 Vendor shall comply with the latest version of the 29 CFR 1910,Occupational Safety and Health Standards. Compliance with OSHA and other applicable laws and regulations for the protections of employees is exclusively the obligation of the Vendor,and the City assumes no liability or responsibility for Vendor's compliance or noncompliance with such responsibilities. 7.3.5 Vendor shall comply with all OSHA reporting requirements for record keeping and reporting of Vendor shall provide verbal report to the City immediately, and no later than once (1)business day,of the occurrence.The Vendor shall cooperate with the City and provide any written documentation and information required for record keeping purposes. 7.3.6 Ensuring that all employees are continuously trained to meet the latest technology,industry standards and safe use of substances identified as health or physical hazardous by OSHA. The Vendor shall submit proof of employee training and experience within five (5)business days upon request by the Department Contract Manager. 7.3.7 Not requiring any person to work in surrounding or under working conditions that are unsanitary,hazardous or dangerous to their health or safety. 7.3.8 Requiring all individuals assigned to the project to wear necessary personal protective equipment required by industry standards. 7.3.9 Requiring that Vendor employees wear a uniform,or at a minimum,a company issues identification badge. 7.3.10 Ensuring that only authorized Vendor employees performing work under the contract are on the worksite.No acquaintances,family members,or any other person shall accompany a Vendor employee in the work area. 7.3.11 Maintaining good discipline and professionalism while performing services for the City. 7.3.12 Understanding and agree that the scheduling of events at City facilities that precedence over any scheduled service request agreed to by the Vendor and Department Contract Manager or designee. The Vendor shall not hold the City liable,financially or otherwise,if the City needs to reschedule services with the Vendor due to a new event scheduled at a City facility. The Department Contract Manager or designee will make every reasonable effort to immediately notify the Vendor of changes in the City's schedule of events which may have an impact on scheduled services. 7.3.13 Performing services in a manner as not to interrupt or interfere with the operation of any existing activity on the premises or with the work of another vendor. Provide all transportation required to perform the work.Vendor shall park its vehicles in areas designated by the City,if available. In the event the City cannot make parking arrangements for the Vendor,the Vendor shall be responsible for parking fees and fines.All vehicles parked on City property shall be clearly marked with the Contractor's or subcontractor's name on both sides of each vehicle.Magnetic signs are acceptable. 7.3.14 Providing ample advance notice of the need for any utility service cut off, which will be scheduled at the convenience of the City. 7.3.15 Providing all equipment,materials,furniture moving,labor,tools,permits, incidentals,expendable items,personal protective equipment,transportation necessary,including electricity and water,if not available on site,for proper execution and completion of the service request.The materials and services provided by the Vendor shall comply with all Federal, State and local laws, City ordinances,rules and regulations. 7.3.16 Understanding that storage of apparatus,materials, supplies and equipment shall be in an orderly fashion at the worksite in a manner that will not interfere with the progress of the Vendor's work or any other vendor's work. 7.3.17 Cleaning up all refuse, scrap materials,and debris caused by the Vendor's operations on a daily basis.Work site shall present a neat,orderly and workmanlike appearance.No such refuse,rubbish, scrap material, and debris shall be left within completed work nor buried on the building site or any City premises,but shall be removed from the site by Vendor. 7.3.18 Completing all clean up prior to payment being made for the service request. This shall include the removal of all surplus material,temporary structures, and debris of every nature resulting from the Vendor's operations,to return the worksite in a neat,orderly condition.Thoroughly clean and leave the worksite reasonably dust free all finished surfaces including all equipment,piping,etc., on the interior of any buildings affected by the service.If Vendor fails to clean up at the completion of the work,the City may clean the property and deduct the cost from any payments owed to Vendor or bill the Vendor to recover costs if no payments are owed. 7.3.19 Noting and reporting any damage found prior to any work at a job site to the Department Contract or designee. 7.3.20 Understanding that all work is subject to inspection and acceptance by the Department Contract Manger or designee. 7.3.21 Not performing outside what was requested for a specific service request without first having written approval from the Department Contract or designee. 7.3.22 Performing work under this contract in a manner that will not adversely affect the integrity of the building's structural,mechanical,electrical,fire protection, and life safety systems or any other building features that will overload or render useless any portion of the facility. 7.3.23 The proper preparation of surfaces to be worked on including,protection of all non-movable items or equipment, and the proper application of all materials. 7.3.24 Storing,handling,and installing all materials as per manufacturer's specifications. 7.3.25 Informing the Department Contract Manager or designee whenever work is expected to be hazardous to the City employees,City property,the general public,and/or City operations 7.3.26 Notifying the Department Contract Manager or designee when work is to begin at the worksite and post warning signs and/or barriers when necessary. The Vendor and Vendor's employees shall exercise a particularly high level of discipline, safety and cooperation at all times while on the worksite. 7.3.27 Coordinating the timing and transportation of equipment or materials to the work area. 7.3.28 Understanding that if transportation through the interior of a facility is required,the Vendor shall take every precaution to ensure public safety.Under no circumstances shall the Vendor transport equipment or materials through the interior of a facility without prior written approval and coordination with the Department Contract or designee. 7.3.29 Any and all damage to Vendor's or City equipment or property as a direct result of Vendor's equipment,employees,or Vendor's subcontractor's actions. 7.3.29.1If damage occurs to the City's equipment or property,Vendor shall notify the Department Contract immediately in writing. Surfaces, fixtures,or furnishings damaged by the Vendor's employees shall be replaced or repaired to the satisfaction of the City by the Vendor, and at no cost to the City. The City may,however,at its sole discretion,elect to make repairs or replacements of damaged property and deduct the cost from any payments owed to Vendor or to recover costs if no payments are owed. 7.3.30 Understanding that the set-up area shall be protected to prevent damage to the site grounds.This protection may be,but is not limited to,laying out tarps or other protective materials. The Vendor shall be responsible for any damage to surrounding building walls,landscaping,parking lots, and sidewalks. 7.3.31 Meeting Safety Data Sheet(SDS)guidelines on any applicable limits and be able to install accordingly 7.3.32 Background Investigations—Due to working in facilities subject to federal Criminal Justice Information System requirements,contract workers must be fingerprinted and must be able to pass a criminal background check and drug screen. This must be done at 7.3.32.1 Vendor's expense and verification of a clear background must be given to the contract administrator before the Vendor's employee(s)is allowed to work in a building which falls under this requirement. 7.3.32.2Under no circumstances shall any Vendor personnel having any convictions or pending criminal hearings be assigned to the City contract 8.0 INVOICE REQUIREMENTS 8.1 Vendor shall send invoices electronically to our centralized Accounts Payable department invoice email address: supplierinvoicesgfortworthtexas.gov. This email address is not monitored so please do not send correspondence to this email address. The sole purpose of the supplier invoices email address is to receipt and process supplier invoices. 8.2 Vendor shall include the following on the subject line of your e-mail: vendor name,invoice number, and PO number, separated by an underscore(ex: Example,Inc._123456_FW013- 0000001234) 8.3 Vendor shall adhere to the following requirements: 8.3.1 All invoices must be either a PDF or TIFF format. 8.3.2 Image quality must be at least 300 DPI(dots per inch). 8.3.3 Invoices must be sent as an attachment(i.e.no invoice in the body of the email). 8.3.4 One invoice per attachment(includes PDFs).Multiple attachments per email is acceptable but each invoice must be a separate attachment. 8.3.5 Please do not send handwritten invoices or invoices that contain handwritten notes. 8.3.6 Dot matrix invoice format is not accepted. 8.3.7 The invoice must contain the following information: 8.3.7.1 Supplier Name and Address; 8.3.7.2 Remit to Supplier Name and Address,if different; 8.3.7.3 Applicable City Department business unit#(i.e.FW013) 8.3.7.4 Complete City of Fort Worth PO number(i.e.the PO number must contain all preceding zeros); 8.3.7.5 Invoice number; 8.3.7.6 Invoice date; and 8.3.7.7 Invoices should be submitted after delivery of the goods or services. 8.4 Vendor shall not send invoices by mail and email and please do not send the same invoice more than once by email to supplierinvoices&fortworthtexas.gov. To check on the status of an invoice,please contact the City Department ordering the goods/services or the Central Accounts Payable Department by email at: ZZ FIN_AccountsPayable&fortworthtexas.gov. 8.5 If Vendor is unable to send your invoice as outlined above at this time,Vendor shall send invoice to our centralized Accounts Payable department instead of directly to the individual city department. This will allow the city staff to digitize the invoice for faster processing. 8.6 If Vendor is unable to send invoices as outlined above,Vendor shall send invoice to our Centralized Accounts Payable instead of directly to the Department Contract Manager or designee,at ZZ FIN AccountsPayable(cfortworthtexas.gov. 8.7 If Vendor is unable to send electronic invoice,vendor shall send paper invoice to 10.7.1 City of Fort Worth Attn: FMS Central Accounts Payable 200 Texas Street Fort Worth,TX 76102 8.8 Vendor shall contact the Accounts Payable Team at(817) 392-2451 or via email at ZZ FIN AccountsPayablegfortworthtexas.gov with any questions. 8.9 Vendor shall not include Federal, State,or City taxes in its invoices. The Department Contract Manager or designee shall furnish a tax exemption certificate upon Vendor's request. PRICING EXHIBIT RCSP 180702 Roofing(JOC) There is additional information in the RCSP document on RS Means.You may go to the RS Means website to learn more about this price book. https://www.rsmeans.com The RS Means Price Book is adlusted forfor different geographic areas by using a City Cost Index multiplier for each location.This is in the definitions section of the RCSP document. Example:The current Fort Worth City Cost Index is 86.9%and it is included in the sample calculation below. EXAMPLE: Unit Price Book cost City $100.00 Cost Index(Fort Worth) .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 CONSIDE RE D,YOU M UST E NTE R THE COEF FI CI ENT you propose to apply to th a RS Mea ns Price Book Pre-Priced Tasks for all divisions. RS Means(All Divisions) .90 Regular Hours Multiplier Coefficient '9 After Hours Multi pile rCoefficient ** 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 orstates. Checkthe appropriate box below: ❑ National Coverage j✓_� States-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 Nan-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 C(2-trYiSnl1 (��.on6"(CA�(. LLCG Authorized Representative Name gia-mobotj IRobr 'c'g z Authorized Representative Signature Date Page ILofI EXHIBIT B TIPS VENDOR AGREEMENT (JOC) PART 2 ONLY Between VIC'S 1 nd (Company Name) THE INTERLOCAL PURCHASING SYSTEM (TIPS), a Department of Texas Education Service Center Region 8 for TIPS RCSP 210603 Roofing(2 PART JOC) -PART 2 ONLY General Information The Vendor Agreement ("Agreement") made and entered into by and between The Interlocal 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 T1 PS. 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. TIPS Vendor Agreement JOC PART 2 ONLY_Rev.05192021_sr Page 1 Terms and Conditions Conflicts with RS Means Unit Price Book If the terms of the solicitation referenced RS Means Unit Price Book or Xactimate Pricing occur,the RS Means Book or Xactimate Pricing shall control if it determines the legality of the solicitation award as it relates to the requisite Means Unit Price Book or Xactimate Pricing. 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. Otherwise, all shipping,freight or delivery changes shall be passed through to the TIPS Member at cost with no markup and said charges shall be agreed by the TIPS Member unless alternative shipping terms are agreed by TIPS as a result of the proposal award. 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 manufacturerforall products offered for sale toTIPS Members.All equipment proposed shall be new unless clearly stated in writing. Customer Support The Vendor shall provide timely and accurate customer support for orders to TIPS Members as agreed by the Parties. Vendors shall respond to such requests within a commercially reasonable time after receipt of the request. If support and/or training is a line item sold or packaged with a sale,support shall be as agreed with the TIPS Member. 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 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 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 Most TIPS Members are tax exempt and the related laws of the jurisdiction of the TIPS Membershall apply. Assignments of Agreements No assignment of Agreement may be made without the prior written approval of TIPS. Payment for delivered goods and services can only be made to the awarded Vendor, Vendor designated reseller or vendor assigned company. Disclosures + Vendor and TIPS affirm that he/she, or any authorized employees or agents, has not given, offered to TIPS Vendor Agreement JOC PART 2 ONLY_Rev.05192021_sr Page 2 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. • 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 the TIPS program. • 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. Term of Agreement and Renewals The Agreement with TIPS is for approximately two (2) years with an option for renewal extension for an additional two(2)consecutive one(1)year terms.The first renewal extension year shall be automatic unless the awarded vendor notifies TIPS of its objection to the first additional one(1)year renewal extension. If TIPS offers the second one(1) year renewal extension terms,the vendor will be notified by email to the primary contact of the awarded Vendor and shall be deemed accepted by the Vendor unless the awarded vendor notifies TIPS of its objection to the additional term. TIPS may or may not exercise the available extension(s) provided in the original solicitation beyond the base term.Whether or not to offer the renewal extension years is at the sole discretion of TIPS. "Start Date" for Term Calculation Purposes Only: Regardless of actual award/effective date of Contract, for Agreement"term"calculation purposes only,the Agreement"start date" is the last day of the month that Award Notifications are anticipated as published in the Solicitation. Example:if the anticipated award date published in the Solicitation is August 27,2020 but extended negotiations delay award until September 24,2020 the end date of the resulting initial"two-year"term Agreement, (which is subject to an extension(s)) will still be August 31, 2022. "Termination Date": The scheduled Agreement "termination date" shall be the last day of the month of the month of the Original Solicitation's Anticipated Award Date plus two years. Example:If the original term is approximately two years, and the solicitation provides an anticipated award date of August 27, 2020, the expiration date of the original two-year term shall be August 31, 2022. Extensions: Any extensions of the original term shall begin on the next day after the day the original term expires. Example Following the Previous Example:If TIPS offers a one-year extension, the expiration of the extended term shall be August 31, 2023. TIPS may offer to extend Vendor Agreements to the fullest extent the original Solicitation permits. Total term of Agreement can be up to the number of years provided in the solicitation or as limited by statute. Automatic Renewal Clauses Incorporated in Awarded Vendor Agreements with TIPS Members Resulting from the Solicitation and with the Vendor Named in this Agreement. 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 that TIPS Vendor Agreement JOC PART 2 ONLY_Rev.05192021_sr Page 3 exceeds month to month terms 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, executed Agreement or other written instruction 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 is rendered void and unenforceable. Shipments The Vendor shall ship,deliver or provide ordered products or services within a commercially reasonable time after the receipt of the order from the TIPS Member. If a delay in said delivery is anticipated, the Vendor shall notify TIPS Member as to why delivery is delayed and shall provide an estimated time for completion of the order.TIPS or the requesting entity may cancel the order if estimated delivery time is not acceptable or not as agreed by the parties. 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 forthirty(3O)days after written notification to TIPS of an increase,exceptany price changes related to the,then current,RS Means Unit Price Book or Xactimate pricing 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 IRS Means Unit Price Book or Xactimate pricing 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 and Reporting of Sales to TIPS by Vendor The Participation Fee that was published as part of the Solicitation and the fee published is the legally effective fee, along with any fee conditions stated in the Solicitation. Collection of the fees by TIPS is required under Texas Government Code §791.011 Et seq. Fees are due on all TIPS purchases reported by either Vendor or Member. Fees are due to TIPS upon payment by the Member to the Vendor, Reseller or Vendor Assigned Dealer, Vendor,Reseller or Vendor Assigned Dealer agrees that the participation fee is due to TIPS for all Agreement sales immediately upon receipt of payment including partial payment,from the Member Entity and must be paid to TIPS at least on a monthly basis, specifically within 31 calendar days of receipt of payment, if not more frequently,or as otherwise agreed by TIPS in writing and signed by an authorized signatory of TIPS. Thus,when an awarded Vendor, Reseller or Vendor Assigned Dealer receives any amount of payment, even partial payment,for a TIPS sale,the legally effective fee for that amount is immediately due to TIPS from the Vendor and fees due to TIPS should be paid at least on a monthly basis,specifically within 31 calendar days of receipt of payment, if not more frequently. Reporting of Sales to TIPS by Vendor TIPS Vendor Agreement JOC PART 2 ONLY_Rev.05192021_sr Page 4 Vendor is required to report all sales under the TIPS contract to TIPS. When a public entity initiates a purchase with a TIPS Awarded Vendor, if the Member inquires verbally or in writing whether the Vendor holds a TIPS Contract, it is the duty of the Vendor to verify whether or not the Member is seeking a TIPS purchase. Once verified,the Vendor must include the TIPS Contract number on any communications and related sales documents exchanged with the TIPS Member entity. To report sales,the Vendor must login to the TIPS Vendor Portal online athttps://www.tips-usa,com/vendors form.cfm and click on the PO's and Payments tab.Pages 3-7 of the Vendor Portal User Guide will walk you through the process of reporting sales to TIPS.Please refer to the TIPS Accounting FA(Xs for more information about reporting sales and if you have further questions,contact the Accounting Team at accounting@tips-usa.com. The Vendor or vendor assigned dealers are responsible for keeping record of all sales that go through the TIPS Agreement and submitting same to TIPS. Failure to render the participation fee to TIPS shall constitute a breach of this agreement with our parent governmental entity, Texas Education Service Center Region 8, as established by the Texas legislature and shall be grounds for termination of this agreement and any other agreement held with TIPS and possible legal action.Any overpayment of participation fees to TIPS by a Vendor will be refunded to the Vendor within ninety (90) days of receipt of notification if TIPS receives written notification of the overpayment not later than the expiration of six (6) months from the date of overpayment and TIPS determines that the amount was not legally due to TI PS pursuant to this agreement and applicable law. It is the Vendor's responsibility to identify which sales are TIPS Agreement sales and pay the correct participation fee due for TIPS Agreement sales. Any notification of overpayment received by TIPS after the expiration of six (6) months from the date of overpayment will be non-refundable. Region 8 ESC and TIPS reserve the right to extend the six(6)month deadline to notify if approved bythe Region 8 ESC Board of Directors. TIPS reserves all rights under the law to collect the fees due. 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 employeesfrom 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. NO LIMITATION OF LIABILITY FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE PERMITTED OR AGREED BY TIPS/ESC REGION 8. Per Texas Education Code§44.032(f),reasonable Attorney's fees are recoverable by the prevailing party in any dispute resulting in litigation. 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 TIPS Vendor Agreement JOC PART 2 ONLY_Rev.05192021_sr Page 5 five (5)business days of receipt of change order. Termination for Convenience of TIPS Agreement Only TIPS reserves the right to terminate this agreement for cause or no cause for convenience with a thirty(30)days prior written notice.Termination for convenience is conditionally required under Federal Regulations 2 CFR part 200 if the customer is using federal funds for the procurement.All purchase orders presented to the Vendor, but not fulfilled by 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 prior written notice to TIPS 4845 US Hwy North,Pittsburg,Texas 75686. The vendor will be paid forgoods and services delivered prior to the termination provided that the goods and services were delivered in accordance with the terms and conditions of the terminated agreement.This termination clause does not affect the sales agreements executed by the Vendor and the TIPS Member customer pursuant to this agreement. TIPS Members may negotiate a termination for convenience clause that meets the needs of the transaction based on applicable factors,such as funding sources or other needs. TIPS Member Purchasing Procedures Usually, purchase orders or their equal are issued by participating TIPS Member to the awarded vendor and should indicate on the order that the purchase is per the applicable TIPS Agreement Number.Orders are typically 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. • Fees are due to TIPS upon payment by the Member to the Vendor.Vendor agrees to pay the participation fee to TIPS for all Agreement sales upon receipt of payment including partial payment,from the Member Entity or as otherwise agreed by TIPS in writing and signed by an authorized signatory of TIPS. 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. 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 reasonably fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of goods or services under the Agreement.TIPS and TIPS Members reserves the right to stop work and/or cancel an order or terminate this or any other sales Agreement of any awarded Vendor whose licenses) required for performance under this Agreement have expired, lapsed, are suspended or terminated subject to a 30-day cure period unless prohibited by applicable statue or regulation. Novation If awarded Vendor sells or transfers all assets, rights or the entire portion of the assets or rights required to perform this Agreement, a successor in interest must guarantee to perform all obligations under this Agreement. A simple change of name agreement will not change the Agreement obligations of awarded vendor. TIPS will consider Contract Assignments on a case by case basis. TIPS must be notified within five (5) business days of the transfer of assets or rights. TIPS Vendor Agreement JOC PART 2 ONLY_Rev.05192021_sr Page 6 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. 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, service agreements or any supplemental agreement 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 TIPS Vendor Agreement JOC PART 2 ONLY—Rev.05192021_sr Page 7 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 Agreementfor a period of one(1)yearfrom the effective date of termination.In orderto 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' 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 abilityto 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 Agreementthen 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. Choice of Law The Agreement between the Vendor and TIPS/ESC 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. Venue,Jurisdiction and Service of Process Any Proceeding arising out of or relating to this 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 for any dispute resolution process, other than litigation, between TIPS and the Vendor shall be located in Camp or Titus County, TIPS Vendor Agreement JOC PART 2 ONLY_Rev.05192021_sr Page 8 Texas. 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. 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 vendorshall make contact with the TIPS Memberas 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 Memberwill 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 may assist, at TIPS TIPS Vendor Agreement]OC PART 2 ONLY_Rev.05192021_sr Page 9 sole discretion,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. SECTION HEADERS OR TITLES THE SECTON HEADERS OR TITLES WITHIN THIS DOCUMENTARE MERELY GUIDES FOR CONVENIENCEAND ARE NOT FOR CLASSIFICATION OR LIMITING OF THE RESPONSIBILITES OF THE PARTIES TO THIS DOCUMENT. CERTIFICATIONS If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this Agreement has a value of$100,000 or more, the following certification shall apply; otherwise,this certification is not required. Pursuant to Chapter 2270 of the Texas Government Code, the Vendor hereby certifies and verifies that neither the Vendor, nor any affiliate, subsidiary, or parent company of the Vendor, if any (the "Vendor Companies"),boycotts Israel,and the Vendor agrees that the Vendor and Vendor Companies will not boycott Israel during the term of this Agreement. For purposes of this Agreement, the term "boycott" shall mean and include refusing to deal with,terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. I certify that our 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 htt s: cornptrol_er.texas,gov purchasing/dots/foreign-terrorist.pdf„ You certify that pursuant to Texas Business and Commerce Code Chapter 272,as revised September 1,2017,any construction contractor 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 subjectto 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 851h 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 851h 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. TIPS Vendor Agreement JOC PART 2 ONLY_Rev.05192021_sr Page 10 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 Ordersand/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 three business days 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. TIPS Vendor Agreement JOC PART 2 ONLY_Rev.05192021_sr Page 11 TIPS Vendor Agreement Signature Form RFP 210603 Roofing (2 PART JOC) - PART 2 ONLY Company Name Crimson Construction Management, LLC Address 411 Peacock Cir City Duncanville State Tx zip 75137 Phone 254-747-5857 Fax Email of Authorized Representative brielo_crimsoncm.com Name of Authorized Representative Briel O'Shields Title Production Manager Signature of Authorized Representative Date 08-04-2021 TIPS Authorized Representative Name David Fitts Title Executive Director TIPS Authorized Representative Signature 4maL VfOLI� Approved by ESC Region 8 Date 9-30-2021 U Addendum to TIPS Vendor Ag►eement executed on or after September 1,2021 Insert name of Vendor CfimSm aneWU] cn NIAG�Iem¢d IPS So11cltatlon#210603 P2 CERTIFICATION REGA MNG BOYCOTTING CERTAIN ENERGY COMPANIES If(a)oampanyis rid a sole Vap6am451tIN(b)company has ten(10)or more fuMM amocnpem sari(c)this conbad hasa value of$10O,00oCr mere that Is to be pall 0*o y or partly from public funds.dW follediag oetlif=Wn aria?aW.ompWISa,irk car:^ca'Jon h met mgU7Md.PUMam is TFx GOV7 CLOE Ch 227d of 5013(S7e session),the company hereby ages and varf9as irfet rha wmparry,aany whoy owned subsidiary, me ty W3led subsldery,Parent company,or aPJ.'ate of these en:7es or business assada!lom.dany,does not boycott energy wrrparles and wJ not boycott energy camperdes dcrirg the tarn Who wntam For poposes of Ws conhc;L No term'wrlpaW short rrsen an organkabon, assoda'Joru wrPo MM.peArkefp,Jnbtt amrhos,5ro.ad parmar",Icn'tnd Dab➢ty pvtnorsh:p,or t'nried TebT3y oomM.that artists to maka a prolli The tarn lboyNR energy wa1pW shell ra0ca Wthw an 0(6nmy twsSneas;pc puss.reluslng to deal with,aerm!ngl g Nzineas zdWa9 wflh,orcult ore taking any action Vtorded to penaihl,ln9ktecwff do hanam or f"oorrmmnial belabors rdbt a wrnpanybauuae No cornM(a)Engages In the exploraton,Wudwbun,utilization.transpodatiw.sate,orfromrlad"offassll fud.b3wd energy and does not oWUM or pledge to meet enrreartenat sanda.Ns beyond appJcable federal and stabs leaf,or(b)does busGm Ndh a company desca m by paragraph (a)'Soo Tat GaYr OME§809,001(1). rLdols ofAuthorkad Re pressntativa of Vertft H app cable CERTfFICATWN PROHIBITING GISCRAILRATION AGMNST FIREARM AND AMMUNfTIDN INDUSTRIES If(a)conpany Is no[a sn.9 proprhRorsh'p;(bye gmny has atlaWtan(10)kG-;rna arryfoyaaa;(c)Ihla wnLrad has a valua of at law$WrOCg 4mt tspe:d WJyorparty from p:b2a funds;(0)the wntra"nai excepted!under TEX Wn CCOE§2274.OD3of 56 ig(87=log.);and(a) VoremrrRnW eaW has deb9m'.red that tympany Is not a sots-ourw prov'dar or govemrrentel enby has not raca]m any bids forma wcnparry that is etde to xWde[10 written variftwlirn.U:a`aoowmg 010tFC=an SLW apply;oaWWIN,N'a ONOAcabon IS not requbed.Pu isuant to Tex Gov'r CoCE Ch.2274 dS8 tg(BTa swat .the mmprty hareby cerVea arn3varfos thal Ira company,or aswclkon,corporation.partnarsldp,tit venture,IhOed partnership,Gated frabSRy pertmr4ep,or Mad 0WDy company,hclvc!rg a*to pry d subsidiary,rnabtlity-6>rriB6 wry ptrenu oompeny,or sMate of these w!ttm or associations,that e&btto make a prvt�does not haveta prectioe,poacy,guidance,or C2cihe that 6ac;rr'nates agaiuta Erea tut enttyor F savor beds 83sodation and vtcl not disvindnato dating the term of rhy omtrad aga!osl a firearm en"ty or $realm trade assodadon.For paposm of'hf9 conM'dlatrbMna'A agMnsl A r1marm only a flr9arrn tied¢association'stail maan,wfh rasped to lho entry orassorladmu 1w,'(1)rehlse to ongego to the trade of any goons or esNlmewth the en'Jry or aesorialiat based adefyonits statuses a forearm eVJV or fmarm We usDda son;(2)rA&from osn im-ing en existing btrsb;eae retalloneldp w th the W.tfy or essodatlon ba3ed sdeF on Ion stairs es a firearm onO or fxoarn trade aasoD.allofl;or(3)temdtiate an axlsllrg busumBs relationship vStb the ant0y of assodatim based so:*on Its status as a firearm enL>iy or firearm(rode assocleWn,Sea TE¢Gawf=§2274.00f(3)of SB 1a.'Mmi:2na'1un ogemat a hreerm ep.*or hreenn bade essoda9on dma rol tnrf6Lda:71)the aetabt!"polldas of a marchen4 reta7 Wer,or platform the!rasb!dorpMWI:fro fls�;ng or sa"ng of anumucDon,9reans,or fnarm euemodea;and M a wrpsm/s rehisal toeoMe In tl3 trade of my goods or Y.W4e3,dedslon W refs&ftm ay.Lung an wda9ng business mWLonshp,or dedsiw:o tennir•,ete an apsdng busine rs m!atlonsF'p W comply vf.Ut federal,state,w local law.Foley.a ra"tons or a drec5ve by a reGulalwy agency,or for say IrodfJorko busbtess reason Dot is sped`e W.fro Wsiew or potential CuVomerand not based sway on an en5tys or a.73mctInr's 9a7us as a iReatrneNby or fpaasin trade assodabori'Soo TEr4 GOVT CODE§ 2274-tiolp)of Ss is- fWels of Authorzed Roprosestative of Vendor.N eppifeabla CERTIFICATION REGARDWO CERTAIN FOREIGN-OWNED COMPANIES IN CONNECTION WITH CRITICAL DIFRASiRUCTURE Cdenl name I9 pmaDited 4on enferveg into a stared w o7tet agreerrsnl re!aErq 10 cdErel Irdreahuchcre bfaf wotdd greu!o the wnpany d!red a morale access io or conLol Or willed Wrastndure in Uda slave,exc u.&ng aaess spaccvL y ailnwed by the o5enf narm:or product warranty arid support papoSea.CumPaaY,ouFt5es drat nel hor It-wits Parent omnpany Acr any WMIate of eorcpany or tla perml c mp ay,is(1)owned by or Una mWity of stock or oVier uwncrshp utmreat of rho oompany U held or owdr4ad by bdlYl&ejv who are drivers of Chs3,bran,Notlh Korea,Russia. or dekno!W Cara'-sK(21 a wmfurtyor other erL*.Yriudi g guremmenla3 entily,that Is owned orooebo(led by druaas of or Is OmcdyoasVarad by'he gore rnanl0 China,ban,NWM Korea,Russla,of daslgna:ed mUnby.or ho*usnered In Chhl%Iran,North Korea,Russla,or a designated country.For grrposas of UW oxlM'a%sal K%sb�meam'a tetnrntelcatisn InhsWwua sys�,am,cybamenday"A efecdc add,ham'dous waste beahnertt system,or water treatmentWlly.'Sea TPC GO,&CODE§2274.0101(2)of Sit 1225(97a leg.).The company verifies sad cer0as that wmparyler,J rtol glenj d'aedor remote access to orcmt of of alM lnfrasbL'G'u:o,excapl rarpodLci wwmny end evppoApvposea,to prehr]-_ Indlrfduoh,wmpanles,or entrees,h:dudire limn nentaf onLAW.armed,conbuVed,a h4eequd7terad IhMiia. Iran.North Korea,Russ;a,w a designated wvnlry,no do lorm5sod by lha Governor. ,,Annie of Authorized Reprmentath,a nt Vendor,If app0cabla NOTICE TO MEMBERS REGARDING ATTRIBUTE RESPONSES TIPS VENDORS RESPOND TO ATTRIBUTE QUESTIONS AS PART OF TIPS COMPETITIVE SOLICITATION PROCESS. THE VENDOR'S RESPONSES TO ATTRIBUTE QUESTIONS ARE INCLUDED HEREIN AS "SUPPLIER RESPONSE." PLEASE BE ADVISED THAT DEVIATIONS, IF ANY, IN VENDOR'S RESPONSE TO ATTRIBUTE QUESTIONS MAY NOT REFLECT VENDOR'S FINAL ATTRIBUTE RESPONSE, WHICH IS SUBJECT TO NEGOTIATIONS PRIOR TO AWARD. PLEASE CONTACT THE TIPS OFFICE AT 866-839- 8477 WITH QUESTIONS OR CONCERNS REGARDING VENDOR ATTRIBUTE RESPONSE DEVIATIONS. PLEASE KEEP IN MIND THAT TIPS DOES NOT PROVIDE LEGAL COUNSEL TO MEMBERS. TIPS RECOMMENDS THAT YOU CONSULT YOUR LEGAL COUNSEL WHEN EXECUTING CONTRACTS WITH OR MAKING PURCHASES FROM TIPS VENDORS. Ala 210603 Crimson Construction Crimson Construction Management, LLC Supplier Response Event Information Number: 210603 David Fi Title: Roofing (2 PART with JOC) Type: Request for Proposal Issue Date: 6/3/2021 Deadline: 7/16/2021 03:00 PM (CT) Notes: This is a 2 PART solicitation. PART 1 is for projects that are not considered construction or a public work. It includes, but is not limited to, parts, supplies, maintenance services and repairs. PART 2 Job Order Contract (JOC) is for projects considered construction or public work projects. The determination of whether or not a project requires a PART 2 JOC is the responsibility of the TIPS member entity. Vendors are encouraged to respond to BOTH PARTS 1 and 2 to meet the needs of our members, but responses to both parts is not required. IF YOU CURRENTLY HOLD TIPS CONTRACT 180702 Roofing (JOC), YOU MUST RESPOND TO THIS SOLICITATION TO PREVENT LAPSE OF CONTRACT UNLESS YOU HOLD ANOTHER CURRENT TIPS CONTRACT THAT COVERS ALL OF YOUR ROOFING OFFERINGS. THIS AWARDED CONTRACT WILL REPLACE YOUR EXPIRING TIPS CONTRACT 180702 Roofing (JOC). Page 1 of 30 pages Vendor:Crimson Construction 210603 Contact Information Address: Region 8 Education Service Center 4845 US Highway 271 North Pittsburg, TX 75686 Phone: +1 (866) 839-8477 Email: bids@tips-usa.com Page 2 of 30 pages Vendor:Crimson Construction 210603 Crimson Construction Information Contact: Brandon Rodriguez Address: 411 Peacock Cir Duncanville, TX 751 37-31 1 9 Phone: (972) 741-9858 Email: cubeech@gmail.com Web Address: www.crimsoncm.com By submitting your response, you certify that you are authorized to represent and bind your company. Briel O'Shields briel@crimsoncm.com Signature Email Submitted at 6/29/2021 12:12:23 PM Requested Attachments Supplementary No response Supplementary information can be scanned and uploaded. (Company information, brochures, catalogs, etc.) (PDF Format ONLY) DO NOT UPLOAD encrypted or password protected files. Vendor Agreement PART 1 ONLY Scan_20210629.pdf The vendor must download the Vendor Agreement from the attachment tab, fill in the requested information and upload the completed agreement. DO NOT UPLOAD encrypted or password protected files. Agreement Signature Form PART 1 ONLY Scan_20210629 (2).pdf If you have not taken exception or deviation to the agreement language in the solicitation attributes, download the AGREEMENT SIGNATURE FORM from the "ATTACHMENTS"tab. This PDF document is a fillable form. Download the document to your computer, fill in the requested company information, print the file, SIGN the form, SCAN the completed and signed AGREEMENT SIGNATURE FORM, and upload here. If you have taken exception to any of the agreement language and noted the exception in the deviations section of the attributes for the agreement, complete the AGREEMENT SIGNATURE FORM, but DO NOT SIGN until those deviations have been negotiated and resolved with TIPS management. Upload the unsigned form here, because this is a required document. Pricing Form 1 PART 1 ONLY Scan_20210629 (5).pdf The vendor must download the PRICING SPREADSHEET SHEET from the attachment tab, fill in the requested information and upload the completed spreadsheet. DO NOT UPLOAD encrypted or password protected files. Vendor Agreement PART 2 ONLY Scan_20210629 (4).pdf If proposing on Part 2, the vendor must download the Vendor Agreement from the attachment tab, fill in the requested information and upload the completed agreement. DO NOT UPLOAD encrypted or password protected files. Agreement Signature Form PART 2 ONLY Scan_20210629 (2).pdf If proposing on Part 2, the vendor must download the Vendor Agreement from the attachment tab, fill in the requested information and upload the completed agreement. DO NOT UPLOAD encrypted or password protected files. Pricing Form 2 PART 1 ONLY Scan_20210629_(5).pdf The vendor must download the PRICING SPREADSHEET SHEET from the attachment tab, fill in the requested information and upload the completed spreadsheet. DO NOT UPLOAD encrypted or password protected files. Page 3 of 30 pages Vendor:Crimson Construction 210603 Warranty Scan_20210629 (6).pdf Warranty information (if applicable) must be scanned and uploaded. (PDF Format ONLY) DO NOT UPLOAD encrypted or password protected files. OPTIONAL - PART 2 - JOC Pricing of Itemized List of RS Means Non-Prepriced Scan_20210629 (7).pdf Items The Vendor may download the optional Pricing of Itemized List of RS Means Non-Prepriced Items form from the attachment tab, fill in the requested information, and upload the completed spreadsheet. DO NOT UPLOAD encrypted or password protected files. OPTIONAL PRICING EXHIBIT XACTIMATE UNIT PRICE BOOK PART 2 ONLY No response PROPOSERS MAY SUBMIT ATTACHMENT ENTITLED"Optional Pricing Exhibit Xactimate Unit Price Book"AS AN ADDITIONAL PRICING METHOD TO THE REQUIRED RS MEANS METHOD. You may not offer Xactimate Pricing in lieu of RS Means Pricing and doing so will disqualify you. If you submit Xactimate as an additional option for pricing, it will be averaged with the score assigned for RS Means to arrive at your final pricing score during evaluation of your proposal. Reference Form (PARTS 1 & 2) Reference Form (PARTS 1 &2).xls Valid Reference Email addresses are REQUIRED on the spreadsheet. The vendor must download the References spreadsheet from the attachment tab, fill in the requested information and upload the completed spreadsheet. DO NOT UPLOAD encrypted or password protected files. D/M/WBE Certification OPTIONAL 20819642_01085063_20210629113420.pdf D/M/WBE Certification documentation may be scanned and uploaded if you desire to claim your status as one of the identified enterprises. (Disadvantaged Business Enterprise, Minority Business Enterprise and/or Woman Business Enterprise) If vendor has more than one certification scan into one document. (PDF Format ONLY) DO NOT UPLOAD encrypted or password protected files. Proposed Goods and Services Scan_20210629 (8).pdf Please upload one or more documents or sheets describing your offerings, line cards, catalogs, links to offerings OR list links to your offerings that illustrate the catalog of proposed lines of goods and or services you carry and offer under this proposal. It does not have to be exhaustive but should, at a minimum tell us what you are offering. It could be as simple as a sheet with your link to your online catalog of goods and services. All Other Certificates No response \/YlC I f All Other Certificates (if applicable) must be scanned a d uploa CYaec# I'1P vendor has more than one other certification scan into one document. (PDF Format ONLY) DO NOT UPLOAD encrypted or password protected files. Logo and Other Company Marks C-logo-black.png Conflict of Interest Form CIQ- ONLY REQUIRED IF A CONFLICT EXISTS PER THE No response INSTRUCTIONS ONLY REQUIRED IF A CONFLICT EXISTS PER THE INSTRUCTIONS Conflict of Interest Form for Vendors that are required to submit the form. The Conflict of Interest Form is included in the Base documents or can be found at https://www.tips-usa.com/assets/documents/docs/CIQ.pdf. Certificate of Corporate Offerer - COMPLETE ONLY IF OFFERER IS A CORPORATION No response COMPLETE AND UPLOAD FORM IN ATTACHMENTS SECTION ONLY IF OFFERER IS A CORPORATION Lobbying Report Standard Form-LLL, "disclosure Form to Report Lobbying," No response If you answered "I HAVE Lobbied per above" to attribute #66, please download and complete and upload the Standard Form-LLL, "disclosure Form to Report Lobbying," in the Response attachments section. Confidentiality Form Scan_20210629 (9).pdf REQUIRED CONFIDENTIALITY FORM. Complete the form according to your company requirements, make any desired attachments and upload to the appropriate section under"Response Attachments" THIS FORM DETERMINES HOW ESC8/TIPS RESPONDS TO LEGAL PUBLIC INFORMATION REQUESTS. Page 4 of 30 pages Vendor:Crimson Construction 210603 Bonding Capacity Letter from Surety/Insurance Company Scan_20210629 (10).pdf REQUIRED IF YOU ARE PROPOSING ON PART 2 -Attach the Bonding Capacity Letter from Surety/Insurance Company. if you do not have one available at time of proposal, attached a letter stating it will be submitted when received to prove bonding capacity. No award can be made until official bonding capacity letter is received by TIPS. Current W-9 Tax Form Scan_20210629 (11).pdf You are required by TIPS to upload a current W-9 Internal Revenue Service (IRS) Tax Form for your entity. This form will be utilized by TIPS to properly identify your entity. Bid Attributes 1 Yes - No Disadvantaged/Minority/Women Business Enterprise - 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. Yes 2 Yes - No Historically Underutilized Business - HUB (Required by some participating governmental entities) Vendor certifies that their firm is a HUB as defined by the State of Texas at https:Hcomptroller.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. Yes 3 Yes - No The Vendor can provide services and/or products to all 50 US States? No 4 States Served: If answer is NO to question #3, please list which states can be served. (Example: AR, OK, TX) TX 5 Company and/or Product Description: This information will appear on the TIPS website in the company profile section, if awarded a TIPS contract. (Limit 750 characters.) Reroof, roof repairs, commercial roofing, waterproofing, roof restoration, built up, modified, metal, TPO, EPDM, roof coatings 6 Primary Contact Name Primary Contact Name Briel O'Shields 7 Primary Contact Title Primary Contact Title Production Manager Page 5 of 30 pages Vendor:Crimson Construction 210603 8 Primary Contact Email Primary Contact Email briel@crismsoncm.com 9 Primary Contact Phone Enter 10 digit phone number. (No dashes or extensions) Example: 8668398477 9728185051 1 Primary Contact Fax U Enter 10 digit phone number. (No dashes or extensions) Example: 8668398477 No response 1 Primary Contact Mobile 1 Enter 10 digit phone number. (No dashes or extensions) Example: 8668398477 2547475857 1 Secondary Contact Name 2 Secondary Contact Name Janna Rodriguez 1 Secondary Contact Title 3 Secondary Contact Title Office Manager 1 Secondary Contact Email 4 Secondary Contact Email Janna@crimsoncm.com 1 Secondary Contact Phone 5 Enter 10 digit phone number. (No dashes or extensions) Example: 8668398477 9727419858 1 Secondary Contact Fax 6 Enter 10 digit phone number. (No dashes or extensions) Example: 8668398477 No response 1 Secondary Contact Mobile 7 Enter 10 digit phone number. (No dashes or extensions) Example: 8668398477 No response Page 6 of 30 pages Vendor:Crimson Construction 210603 1 Admin Fee Contact Name 8 Admin Fee Contact Name. This person is responsible for paying the admin fee to TIPS. Briel O'Shields 1 Admin Fee Contact Email 9 Admin Fee Contact Email briel@crimsoncm.com 2 Admin Fee Contact Phone U Enter 10 digit phone number. (No dashes or extensions) Example: 8668398477 2547475857 2 Purchase Order Contact Name 1 Purchase Order Contact Name. This person is responsible for receiving Purchase Orders from TIPS. Briel O'Shields 2 Purchase Order Contact Email 2 Purchase Order Contact Email cubeech@gmail.com 2 Purchase Order Contact Phone 3 Enter 10 digit phone number. (No dashes or extensions) Example: 8668398477 2547475857 2 Company Website 4 Company Website (Format-www.company.com) No response 2 Entity D/B/A's and Assumed Names 5 Please identify all of your entity's assumed names and D/B/A's. Please note that you will be identified publicly by the legal name under which you responded to this solicitation unless you organize otherwise with TIPS after award. No response 2 Primary Address 6 Primary Address 411 Peacock Cir 2 Primary Address City 7 Primary Address City Duncanville 2 Primary Address State 8 Primary Address State (2 Digit Abbreviation) TX Page 7 of 30 pages Vendor:Crimson Construction 210603 2 Primary Address Zip 9 Primary Address Zip 75137 3 Search Words: U Please list search words to be posted in the TIPS database about your company that TIPS website users might search. Words may be product names, manufacturers, or other words associated with the category of award. YOU MAY NOT LIST NON-CATEGORY ITEMS. (Limit 500 words) (Format: product, paper, construction, manufacturer name, etc.) Reroof, roof repairs, commercial roofing, waterproofing, roof restoration, built up, modified, metal, TPO, EPDM, roof coatings 3 Do you want TIPS Members to be able to spend Federal grant funds with you if awarded? Is it your 1 intent to be able to sell to our members regardless of the fund source, whether it be local, state or federal? Most of our members receive Federal Government grants and they make up a significant portion of their budgets. The members need to know if your company is willing to 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? Yes 3 Yes - No 2 Certification of Residency- The vendor's ultimate parent company or majority owner: (A) has its principal place of business in Texas; (B) employs at least 500 persons in Texas? This question is required as a data gathering function for information to our members making purchases with awarded vendors. Does not affect scoring with TIPS. Yes 3 Company Residence (City) 3 Vendor's principal place of business is in the city of? Duncanville 3 Company Residence (State) 4 Vendor's principal place of business is in the state of? Texas Page 8 of 30 pages Vendor:Crimson Construction 210603 3 Discount Offered -CAUTION READ CAREFULLY BECAUSE VENDORS FREQUENTLY MAKE MISTAKES 5 ON THIS ATTRIBUTE QUESTION Remember this is a MINIMUM discount percentage so, be sure the discount percentage inserted here can be applied to ANY OFFERING OF GOODS OR SERVICES THROUGH OUT THE LIFE OF THE CONTRACT CAUTION: BE CERTAIN YOU CAN HONOR THIS MINIMUM DISCOUNT PERCENTAGE ON ANY OFFERED SERVICE OR GOOD NOW OR DURING THE LIFE OF THE CONTRACT. What is the MINIMUM percentage discount off of any item or service you offer to TIPS Members that is in your regular catalog (as defined in the solicitation specifications document), website, store or shelf pricing or when adding new goods or services to your offerings during the life of the contract? The resulting price of any goods or services Catalog list prices after this discount is applied is a ceiling on your pricing and not a floor because, in order to be more competitive in the individual circumstance, you may offer a larger discount depending on the items or services purchased and the quantity at time of sale. Must answer with a number between 0% and 100%. 20% 3 Yes - No 6 If awarded on Part 1 of the TIPS Contract, for the duration of the Contract, Vendor agrees to provide catalog pricing, as defined in the solicitation and below, to TIPS upon request for any goods and services offered on PART 1 of the Vendor's TIPS Contract, if any. "Catalog" means the available list of tangible personal property or services, in the most current listing, regardless of date, during the life of the contract, that takes the form of a catalog, price list, schedule, shelf price or other form that: A. is regularly maintained by the manufacturer or Vendor of an item; and B. is either published or otherwise available for inspection by a customerduring the purchase process; C. to which the minimum discount proposed by the proposing Vendor maybe applied. YES 3 TIPS administration fee 7 By submitting a proposal, I agree that all pricing submitted 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 or the vendor's named resellers and 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. Page 9 of 30 pages Vendor:Crimson Construction 210603 3 REQUIRED FOR PART 2 JOC - PRICING OF Regular Hours Coefficient 8 What is your regular hours coefficient for the RS Means Price Book? (FAILURE TO RESPOND PROHIBITS PART 2 JOC EVALUATION) Remember that this is a ceiling price proposed. You can discount lower than your proposed contract coefficient, but not higher. This is one of three pricing questions that are required for consideration for award on this solicitation. Please consider your answer carefully. An explanation of the TIPS scoring of pricing is included in the attachments for your information. The below is an Example of how pricing model works (not intended to influence your proposed coefficient, you should propose a coefficient that you determine is right for your business): To propose the exact pricing as the RS Means Unit Price Book, you would insert a 1.0 and to propose a 5% discount for the RS Means Price Book would be a .95 regular hours coefficient and so on. 0.9 3 REQUIRED FOR PART 2 JOC - PRICING OF After Hours Coefficient 9 What is your after hours coefficient for the RS Means Price Book for work performed after normal working hours?(FAILURE TO RESPOND PROHIBITS PART 2 JOC EVALUATION) Remember that this is a ceiling price proposed. You can discount to any TIPS Member customer a lower coefficient than your proposed contract coefficient, but not higher. This is one of three pricing questions that are required for consideration for award on this solicitation. Please consider your answer carefully. An explanation of the TIPS scoring of pricing titled "Pricing Coefficient Instruction" is included in the attachments for your information. The below is an EXAMPLE of how the pricing model works (It is not intended to influence your proposed coefficient, you should propose a coefficient that you determine is reasonable for your business for the life of the contract): The most common after hours coefficient is time and a half of the RS Means Unit Price Book prices. To illustrate this coefficient, if your regular hours coefficient is .95, your after hours coefficient would be 1.45. --1-1 Vendor corrected typo to "1" on 8.10.21 via email. 4 REQUIRED FOR 2 PART JOC - PRICING for Markup of Non-Prepriced Items in RS Means Unit Price 0 Book What is your proposed Markup Percentage on materials not found in the RS Means Price Book?(FAILURE TO RESPOND PROHIBITS PART 2 JOC EVALUATION) If any materials being utilized for a project cannot be found in the RS Means Price Book, this question is what is the markup percentage on those materials? When answering this question please insert the number that represents your percentage of proposed markup. Example: if you are proposing a 30 percent markup, please insert the number"30". Remember that this is a ceiling markup. You may markup a lesser percentage to the TIPS Member customer when pricing the project, but not a greater percentage. EXAMPLE: You need special materials that are not in the RS Means Unit Price Book for a project. You would buy the materials and mark them up to the TIPS Member customer by the percentage you propose in this question. If the materials cost you, the contractor, $100 and you proposed a markup on this question for the material of 30 percent, then you would charge the TIPS Member customer$130 for the materials. -2-°,/,- Vendor corrected typo to "2%" on 8.10.21 via email. Page 10 of 30 pages Vendor:Crimson Construction 210603 4 Yes - No Vendor agrees to remit to TIPS the required administration fee or, if resellers are named, guarantee the fee remittance by or for the reseller named by the vendor? 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. Agreed 4 Yes - No 2 Do you offer additional discounts to TIPS members for large order quantities or large scope of work? Yes 4 Years experience in this category of goods or services. 3 Company years experience in this category of goods or services? 10 4 Resellers: 4 Does the vendor have resellers that it will name under this contract? Resellers are defined as other companies that sell your products under an agreement with you, as the awarded vendor of TIPS. EXAMPLE: BIGmart is a reseller of ACME brand televisions. If ACME were a TIPS awarded vendor, then ACME would list BIGmart as a reseller. (If applicable, Vendor should add all Authorized Resellers within the TIPS Vendor Portal upon award). No 4 Right of Refusal 5 Does the proposing vendor wish to reserve the right not to perform under the awarded agreement with a TIPS member at vendor's discretion? Yes Page 11 of 30 pages Vendor:Crimson Construction 210603 4 NON-COLLUSIVE BIDDING CERTIFICATE 6 By submission of this bid or proposal, the Bidder certifies 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. 4 CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ -Do you have any CONFLICT OF INTEREST 7 TO REPORT OR DISCLOSE under this statutory requirement? Do you have any CONFLICT OF INTEREST TO REPORT OR DISCLOSE under this statutory requirement? YES or NO 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. The Form CIQ is one of the attachments to this solicitation. There is an optional upload for this form provided if you have a conflict and must file the form No 4 Filing of Form CIQ 8 If yes (above), have you filed a form CIQ by uploading the form to this RFP as directed above? No response 4 Regulatory Standing 9 1 certify to TIPS for the proposal attached that my 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. Yes 5 Regulatory Standing U Regulatory Standing explanation of no answer on previous question. No response Page 12 of 30 pages Vendor:Crimson Construction 210603 5 Antitrust Certification Statements (Tex. Government Code § 2155.005) By submission of this bid or proposal, the Bidder certifies 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. Page 13 of 30 pages Vendor:Crimson Construction 210603 5 Suspension or Debarment Instructions 2 Instructions for Certification: 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 transaction originated may pursue available remedies, including suspension and / or debarment. Page 14 of 30 pages Vendor:Crimson Construction 210603 5 Suspension or Debarment Certification 3 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. 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. Yes 5 Non-Discrimination Statement and Certification 4 In accordance with Federal civil rights law, all U.S. 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. 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. ❑Yes, I certify (Yes) Page 15 of 30 pages Vendor:Crimson Construction 210603 5 2 CFR PART 200 Contract Provisions Explanation 5 Required Federal contract provisions of Federal 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 et 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. 5 2 CFR PART 200 Contracts 6 Contracts for more than the simplified acquisition threshold currently set at $250,000, 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? Yes 5 2 CFR PART 200 Termination 7 Termination for cause and for convenience by the grantee 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? Yes Page 16 of 30 pages Vendor:Crimson Construction 210603 5 2 CFR PART 200 Clean Air Act 8 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of$250,000 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, et 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? Yes 5 2 CFR PART 200 Byrd Anti-Lobbying Amendment 9 Byrd Anti-Lobbying Amendment (31 U.S.C. 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? Yes 6 2 CFR PART 200 Federal Rule 0 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). (Contracts, subcontracts, and subgrants of amounts in excess of $250,000) 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$250,000, 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? Yes Page 17 of 30 pages Vendor:Crimson Construction 210603 6 2 CFR PART 200 Procurement of Recovered Materials A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 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? Yes 6 2 CFR PART 200 Rights to Inventions 2 If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Pursuant to the above, when the foregoing applies to ESC Region 8 and TIPS Members, Vendor certifies that during the term of an award resulting from this procurement process, Vendor agrees to comply with all applicable requirements as referenced in the Federal rule above. Does vendor agree? Yes 6 2 CFR PART 200 Domestic Preferences for Procurements 3 As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of 2 CFR Part 200.322, "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stag through the application of coatings, occurred in the United States. Moreover, for purposes of 2 CFR Part 200.322, "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum, plastics and polymer-based products such as polyvinyl chloride pipe, aggregates such as concrete, class, including optical fiber, and lumber. Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies that to the greatest extent practicable Vendor will provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). Does vendor agree? Yes Page 18 of 30 pages Vendor:Crimson Construction 210603 6 2 CFR PART 200 Ban on Foreign Telecommunications 4 Federal grant funds may not be used to purchase equipment, services, or systems that use "covered telecommunications" equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. "Covered telecommunications" means purchases from Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities), and video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies that Vendor will not purchase equipment, services, or systems that use "covered telecommunications", as defined by 2 CFR §200.216 equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Does vendor agree? Yes 6 2 CFR PART 200 Equal Employment Opportunity 5 Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60- 1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein. Does vendor agree? Yes 6 2 CFR PART 200 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) 6 [Applicable ONLY to contracts in excess of$100,000 involving mechanics or laborers.] Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 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 work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members on qualifying contracts, Vendor certifies that Vendor will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by the District resulting from this procurement process. Does vendor agree? Yes Page 19 of 30 pages Vendor:Crimson Construction 210603 6 Certification Regarding Lobbying 7 Applicable to Grants, Subgrants, Cooperative Agreements, 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. I HAVE NOT Lobbied per above 6 Lobbying Report Standard Form-LLL, "disclosure Form to Report Lobbying," 8 ONLY IF you answered "I HAVE Lobbied per above" to attribute above titled "Certification Regarding Lobbying", please download and complete and upload the Standard Form-LLL, "disclosure Form to Report Lobbying," in the Response attachments section. 6 Subcontracting with small and minority businesses, women's business enterprises, and labor surplus 9 area firms. Do you ever anticipate the possibility of subcontracting any of your work under this award if you are successful? IF NO, DO NOT ANSWER THE NEXT ATTRIBUTE QUESTION. . IF YES, and ONLY IF YES, you must answer the next question YES if you want a TIPS Member to be authorized to spend Federal Grant Funds for Procurement. YES Page 20 of 30 pages Vendor:Crimson Construction 210603 7 ONLY IF YES TO THE PREVIOUS QUESTION OR if you ever do subcontract any part of your 0 performance under the TIPS Agreement, do you agree to comply with the following federal requirements? ONLY IF YES TO THE ABOVE QUESTIONS OR if you ever do subcontract any part of your performance under the TIPS Agreement, do you agree to comply with the following federal 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. YES 7 If proposing on PART 2, Davis-Bacon Act compliance. 1 IF proposing on PART 2, 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 FOR PART 2 OF THIS SOLICITATION, the Vendor agrees, AS REQUIRED BY LAW, to comply with the Davis Bacon Act, IF APPLICABLE and if proposing on PART 2 of this solicitation. Page 21 of 30 pages Vendor:Crimson Construction 210603 7 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) 2 Where applicable, all contracts awarded by the non-Federal entity in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 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 work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. By submitting a proposal to PART 2 of 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). 7 Indemnification 3 The ESC Region 8 and TIPS is a Texas Political 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 I II, 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." Do you agree to these terms? ]Yes, I Agree (Yes) 7 Remedies 4 The parties shall be entitled to exercise any right or 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? Yes, I Agree 7 Remedies Explanation of No Answer 5 No response Page 22 of 30 pages Vendor:Crimson Construction 210603 7 Choice of Law 6 The agreement between the Vendor and TIPS/ESC 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. Do you agree to these terms? Agreed 7 Venue, Jurisdiction and Service of Process 7 An proceeding, involving Region 8 ESC or TIPS, arising out of or relating to this procurement process or an Y p 9, 9 9� 9 9 p p Y 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. Any dispute resolution process other than litigation shall have venue in Camp County or Titus County Texas. Do you agree to these terms? Agreed 7 Alternative Dispute Resolution Explanation of No Answer 8 No response 7 Infringement(s) 9 The successful vendor will be expected to indemnify and 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? Yes, I Agree 8 Infringement(s) Explanation of No Answer 0 No response 8 Acts or Omissions The successful vendor will be expected to indemnify and 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? Yes, I Agree Page 23 of 30 pages Vendor:Crimson Construction 210603 8 Acts or Omissions Explanation of No Answer 21 No response 8 Contract Governance 3 Any contract made or entered into by the TIPS is subject to and is to be governed by Section 271.151 et 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. 0 Yes, I Agree (Yes) 8 Payment Terms and Funding Out Clause 4 Payment Terms: 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? ,!❑Yes, I Agree (Yes) Page 24 of 30 pages Vendor:Crimson Construction 210603 8 Insurance and Fingerprint Requirements Information 5 Insurance 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 & 22.08341. Statutory language may be found at: http://w\Aw.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 School District or ESC Region 8 and TIPS. Texas DPS 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 Page 25 of 30 pages Vendor:Crimson Construction 210603 8 Texas Education Code Chapter 22 Contractor Certification for Contractor Employees 6 Introduction: Texas Education Code Chapter 22 requires 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. ,k 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. None Page 26 of 30 pages Vendor:Crimson Construction 210603 8 Texas Business and Commerce Code § 272 Requirements as of 9-1-2017 7 SB 807 prohibits construction contracts to have provisions 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. 8 Texas Government Code 2270 & 2270 Verification Form 8 Texas Government Code 2270 & 2271 Verification Form If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this Agreement has a value of$100,000 or more, the following certification shall apply; otherwise, this certification is not required. Pursuant to Chapter 2271 of the Texas Government Code, the Vendor hereby certifies and verifies that neither the Vendor, nor any affiliate, subsidiary, or parent company of the Vendor, if any (the "Vendor Companies"), boycotts Israel, and the Vendor agrees that the Vendor and Vendor Companies will not boycott Israel during the term of this Agreement. For purposes of this Agreement, the term "boycott" shall mean and include refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with Israel, or with a person or entity doing business in Israel or in an Israeli- controlled territory, but does not include an action made for ordinary business purposes. Our entity further certifies that it is is not listed on and we do not do business with companies prohibited by Texas Government Code 2270 or 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:Hcomptroller.texas.gov/purchasing/docs/foreign-terrorist.pdf I swear and affirm that the above is true and correct. YES 8 Logos and other company marks 9 Please upload our company logo to be added to our individual profile page on the TIPS website. If an articular p Y p Y 9 Y p p 9 Yp specifications are required for use of your company logo, please upload that information under the "Logo and Other Company Marks" section under the "Response Attachment" tab. Preferred Logo Format: 300 x 225 px- .png, .eps, Jpeg preferred Potential uses of company logo: *Your Vendor Profile Page of TIPS website * Potentially on TIPS website scroll bar for Top Performing Vendors *TIPS Quarterly eNewsletter sent to TIPS Members * Co-branding Flyers and or email blasts to our TIPS Members (Permission and approval will be obtained before publishing) Page 27 of 30 pages Vendor:Crimson Construction 210603 9 Solicitation Deviation/Compliance U Does the vendor agree with the General Conditions Standard Terms and Conditions or Item Specifications listed in this proposal invitation? Yes 9 Solicitation Exceptions/Deviations Explanation 1 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. No response 9 Agreement Deviation/Compliance 2 Does the vendor agree with the language in the Vendor Agreement? Yes 9 Agreement Exceptions/Deviations Explanation 3 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. No response 9 Long Term Cost Evaluation Criterion on PART 1 EVALUATION ONLY 4 READ CAREFULLY and see in the RFP document under"Proposal Scoring and Evaluation". Points will be assigned to this criterion based on your answer to this Attribute. Points are awarded if you agree not increase your catalog prices (as defined herein) more than X% annually over the previous year for the life of the contract, unless an exigent circumstance exists in the marketplace and the excess price increase which exceeds X% annually is supported by documentation provided by you and your suppliers and shared with TIPS, if requested. If you agree NOT to increase prices more than 5%, except when justified by supporting documentation, you are awarded 10 points; if 6% to 14%, except when justified by supporting documentation, you receive 1 to 9 points incrementally. Price increases 14% or greater, except when justified by supporting documentation, receive 0 points. price increases will be <10% annually per question Page 28 of 30 pages Vendor:Crimson Construction 210603 9 Felony Conviction Notice 5 Texas Education Code, Section 44.034, Notification of Criminal History, Subsection (a), states "a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony." Subsection (b) states "a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract." (c) This section does not apply to a publicly held corporation. The person completing this proposal certifies that they are authorized to provide the answer to this question. Select A., B. or C. A. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable. OR B.My firm is not owned nor operated by anyone who has been convicted of a felony, OR C. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony. (if you answer C below, you are required to provide information in the next attribute. B. Firm not owned nor operated by felon; per above 9 If you answered C. My Firm is owned or operated by a felon to the previous question, you are 6 REQUIRED TO ANSWER THE FOLLOWING QUESTIONS. If you answered C. My Firm is owned or operated by a felon to the previous question, you must provide the following information. 1. Name of Felon(s) 2. The named person's role in the firm, and 3. Details of Conviction(s). No response 9 Required Confidentiality Claim Form 7 Required Confidentiality Claim Form This completed form is required by TIPS. By submitting a response to this solicitation you agree to download from the "Attachments" section, complete according to the instructions on the form, then upload the completed form, with any confidential attachments, if applicable, to the "Response Attachments" section titled "Confidentiality Form" in order to provide to TIPS the completed form titled, "CONFIDENTIALITY CLAIM FORM". THIS REQUIRED PROCESS IS THE ONLY WAY TO DEEM PROPOSAL DOCUMENTATION CONFIDENTIAL ANY OTHER CONFIDENTIAL DESIGNATION WILL BE DISREGARDED UNLESS THE DOCUMENT IS IDENTIFIED BY AND ATTACHED TO THE REQUIRED FORM. By completing this process, you provide us with the information we require to comply with the open record laws of the State of Texas as they may apply to your proposal submission. If you do not provide the form with your proposal, an award will not be made if your proposal is qualified for an award, until TIPS has an accurate, completed form from you. Read the form carefully before completing and if you have any questions, email bids@tips-usa.com. 9 Choice of Law clauses for TIPS Members 8 If the vendor is awarded a contract with TIPS under this solicitation, the vendor agrees to make any Choice of Law clauses in any contract or agreement entered into between the awarded vendor and with a TIPS member entity to read as follows: "Choice of law shall be the laws of the state where the customer resides" or words to that effect. Agreed Page 29 of 30 pages Vendor:Crimson Construction 210603 9 Venue of dispute resolution with a TIPS Member 9 In the event of litigation or use of any dispute resolution model when resolving disputes with a TIPS member entity as a result of a transaction between the vendor and TIPS or the TIPS member entity, the Venue for any litigation or other agreed upon model shall be in the state and county where the customer resides unless otherwise agreed by the parties at the time the dispute resolution model is decided by the parties. Agreed 1 Indemnity Limitation with TIPS Members 0 0 Texas and other states restrict by law or state Constitution the ability of a governmental entity to indemnify others. TIPS requires that any contract entered into between a vendor and TIPS or a TIPS Member as a result of an award under this Solicitation limit the requirement that the Customer indemnify the Vendor by either eliminating any such indemnity requirement clauses in any agreements, contracts or other binding documents OR by prefacing all indemnity clauses required of TIPS or the TIPS Member entity with the following: "To the extent permitted by the laws or the Constitution of the state where the customer resides, ". Agreement is a required condition to award of a contract resulting from this Solicitation. Agreed 1 Arbitration Clauses 0 1 Except for certain circumstances, TIPS forbids a mandatory arbitration clause in any contract or agreement entered into between the awarded vendor with TIPS or a TIPS member entity. Does the vendor agree to exclude any arbitration requirement in any contracts or agreement entered into between TIPS or a TIPS member entity through an awarded contract with TIPS? Agreement is a required condition to award of a contract resulting from this Solicitation. Agreed 1 Upload of Current W-9 Required 0 Please note that you are required by TIPS to upload a current W-9 Internal Revenue Service (IRS) Tax Form for 2 your entity. This form will be utilized by TIPS to properly identify your entity. Page 30 of 30 pages Vendor:Crimson Construction 210603 REFERENCES ALL INFORMATION MUST BE TYPED AND FORM MUST BE UPLOADED IN EXCEL FORMAT. DO NOT HAN Please provide three(3)references,preferably from school districts or other governmental entities who have used your services wit[ the last three years.Additional references may be required.DO NOT INCLUDE TIPS EMPLOYEES AS A REFERENCE. References are Required for PART 1&Part 2. Please verify your references are current and valid,as they are a SIGNIFICANT required evaluation component of the PART 2 evaluation process,and the You may provide more than three(3)references. Entity Name Contact Person VALID EMAIL IS REQUIRED Phone City of Fort Worth Juan Ochoa [uan.ochoa@fortworthtexas.gov 682-402-9222 Coppell ISD Genaro Lopez gmanlopez@hotmail.com 214-830-3374 Strike Pro Tech of Texas Jordan Grey strikeprotechoftexasPgmail.com 903-257-6094 210603 Re uired Confidential Information Status Form f; So "A � ' Lq Lc Name of company nn Printed Name and Title of authorized company officer declaring below the confidential status of material Address 1 City State ZIP Phone ALL VENDORS MUST COMPLETE THE ABOVE SECTION 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 inuit attach a caRy 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 all the confidential information in the submitted proposal.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.Upon your claim and your defense to the Office of Texas Attorney General is required to make the final determination whether the information submitted by you and held by ESC8 and TIPS is confidential and exempt from public disclosure. ALL VENDORS MUST COMPLETE ONE OF THE TWO OPTIONS BELOW. OPTION 1: I DO CLAIM parts of my proposal to be confidential and DO NOT desire to expressly waive a claim of confidentiality of all information contained within our response to the solicitation.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. IF CLAIMING PARTS OF YOUR PROPOSAL CONFIDENTIAL, YOU MUST ATTACH THE SHEETS TO THIS FORM AND LIST THE NUMBER OT TOTAL PAGES THAT ARE CONFIDENTIAL. ATTACHED ARE COPIES OF PAGES OF CLAIMED CONFIDENTIAL MATERIAL FROM OUR PROPOSAL THAT WE DEEM TO BE NOT PUBLIC INFORMATION AND WILL DEFEND THAT CLAIM TO THE TEXAS ATTORNEY GENERAL IF REQUESTED WHEN A PUBLIC INFORMATION REQUEST IS MADE FOR OUR PROPOSAL. Signature Date ----------------------------------------------------------- OR -------------------------------------------------- OPTION 2: I DQ NOT CLAIM any of my proposal to be confidential, complete the section below. 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. Signature Date Confidentiality Claim Form rev 1001202ORP ©© © M AG RNC&MCLENNAN August 4, 2021 TO: Whom It May Concern RE: CRIMSON CONSTRUCTION MANAGEMENT, LLC Dear Sir/Madam: We have represented Crimson Construction Management, LLC for their surety bond needs since 2017 and consider them to be among our finest clients. We are pleased to set forth our relationship with this company for your consideration. Crimson Construction Management, LLC has an excellent track record, an experienced management team, a strong financial position, and an effective organizational structure. Their surety, Liberty Mutual Insurance Company, (AM Best Rated A, and US Treasury listed) has provided surety bonds for individual projects in excess of$1,000,000 with an aggregate of$1,000,000. Any request to issue performance and payment bonds would be contingent upon favorable review of contract documents, financing information and other pertinent underwriting information at the time performance and payment bonds are required. Please understand that any arrangement to provide bonds is a matter between Liberty Mutual Insurance Company and Crimson Construction Management, LLC and they assume no liability to you, nor any other third party, should they decide not to issue said bonds. Should you have any questions, please feel free to contact us. Sincerely, Dawn Davis, AFSB Senior Bond Account Manager WORLD CLASS. LOCAL TOUCH. www.mhbt.com Crimson Construction Management, LLC Attn: Brandon Rodriguez 411 Peacock Cir Duncanville, TX 75137 Dear Mr. Brandon Rodriguez: Congratulations! We are pleased to inform you that City of Austin's Small& Minority Business Resources Department(SMBR) has certified your business as a Minority Business Enterprise (MBE). The status of your MBE/WBE certification shall be reviewed on an annual basis by SMBR. Prior to reaching your next certification anniversary you will be asked to submit the "MBE/WBE Annual Update Affidavit" and supporting documentation. The review is completed through examination of the sworn affidavit and supporting documentation to determine your continued eligibility as outlined in the City Ordinance Code: § 2-913-15. Additionally, a MBE/WBE on- site review may be conducted by SMBR as needed. It is important that you report any change(s) in circumstances that affect your firm's size, social/economic disadvantage status, management, ownership or control to SMBR within thirty (30) calendar days. Failure to report such change(s) may result in the denial of continued certification or recertification. This firm's Annual Review documents are due prior to July 31, 2024. MBEs and WBEs are required to seek recertification upon the third anniversary of their initial certification and upon the third anniversary of all subsequent certifications. As a City of Austin registered vendor, you are responsible for maintaining accurate information on your vendor profile. You are asked to update any changes related to your business in the City's Vendor Connection system at https://www.austintexas.gov/financeonline/account_services/search/vendors/certvendor.cfm. You can perform these changes daily from 7:OOAM to 7:OOPM. If you need assistance making changes, please contact Vendor Registration at (512) 974-2018 or by email at VendorReg@austintexas.gov. We have also added your firm to the Texas Unified Certification Directory, which can be accessed at https://txdot.txdotcros.com/FrontEndNendorSearchPublic.asp. If you have any questions regarding your certification, you may contact the City of Austin's Certification Division at 512- 974-7645. Sincerely, Edward Campos Director Small& Minority Business Resources Department U n w z w z CO ~ a LU L!1 z o z N w a_ 0 (D V a ¢ U Z CQ CL C Z z _o Q U CO a L � < a Z U U N U) w U Z Q = Q � � W o ¢wT Z z O Q(a f) L-11z o _� z 2! p pv J U] N a U C) wq F-CL o _ Z ob r U LU W C)U z z � o o � U Crimson Construction Management, LLC Crimson 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 EXHIBIT C CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code,by a vendor who Date Received has a business relationship as defined 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. Avendor commits an offense if the vendor knowingly violates Section 176.006,Local Government Code.An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. LLL Check this box if you are filing an update to a previous 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 date 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. Name of Officer 4J 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 local 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? F1 Yes F� No B. Is the vendor receiving or likely to receive taxable income, other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? 71 Yes F-1 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. s ElCheck this box if the vendor has given the local 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). 7 Signature of T11dor Wi ng business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FOTn DATE: 12/14/2021 REFERENCE **M&C 21- LOG NAME: 13P ROOF REPAIR NO.: 0950 REPLACEMENT SRV AW CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. (ALL) 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 No. 210603 for an Initial Two-Year Term in a Combined Amount of$8,500,000.00 for Each Year and Authorize Two Consecutive One-Year Renewal Options in the Same Amount for the City Departments RECOMMENDATION: It is recommended that the City Council 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 No. 210603 for an initial two-year term in a combined amount of$8,500,000.00 for each year and authorize two consecutive one-year renewal options in the same amount for the City Departments. DISCUSSION: The Property Management Department contacted the Purchasing Division to enter into non-exclusive purchase agreements with Bazan Roofing, Inc., Castro Roofing of Texas LLC., and Crimson Construction Management LLC., using The Interlocal Purchasing System Cooperative Contract No. 210603. 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 City departments in connection with a variety of projects. Prices under the The Interlocal Purchasing System (TIPS) contract 210603 were compared and a discount will be applied under the contract. AGREEMENT TERMS: Upon City Council's approval, this agreement shall begin upon execution and expire on September 30, 2023 after an initial two-year term in accordance with the terms of the TIPS Contract. RENEWAL TERMS: The agreement may be renewed for two additional one-year renewals in accordance with the terms of the TIPS Contract. The renewal action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. BUSINESS EQUITY: An M/WBE goal is not assigned when purchasing from an approved purchasing cooperative or public entity. ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the participating department's operating funds to support the approval of the above recommendation and execution of the purchase agreements. Prior to any expenditure being incurred, the participating department has the responsibility to validate the availability of funds. BQN\\ TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I ID I I I Year Chartfield 2 Submitted for City Manager's Office by_ Jay Chapa (5804) Dana Burghdoff(8018) Originating Department Head: Reginald Zeno (8517) g g—p Steve Cooke (5134) Additional Information Contact: Cynthia Garcia (8525) Alyssa Wilkerson (8357) ATTACHMENTS