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HomeMy WebLinkAboutContract 57057-R1 CSC No. 57057-R1 CITY OF FORT WORTH REQUEST TO EXERCISE RENEWAL OPTION November 15, 2022 Elliott Electric Supply Inc. Attn: Cody Sears 6312A Airport FRWY Fort Worth, Tx 76117 Re: Contract Renewal Notice Contract No. CSC No.57057 (the"Contract") Renewal Term No. 1: December 1, 2022 to November 30, 2023 The above referenced Contract with the City of Fort Worth expires on November 30, 2022 (the "Expiration Date"). Pursuant to the Contract, contract renewals are at the mutual agreement of the parties. This letter is to inform you that the City is requesting to renew the Contract for an additional one (1) year period, which will begin immediately after the Expiration Date. All other terms and conditions of the Contract remain unchanged. To agree to renew the Contract for an additional one(1) year period, please sign and return this request to exercise renewal option, along with a copy of your current insurance certificate, to the address set forth below. Please log onto PeopleSoft Purchasing at http.://fortworthtexas.,gov/purchasing to insure that your company information is correct and up-to-date. If you have any questions concerning this Contract Renewal Notice, please contact me at the telephone number listed below. Sincerely, Megan Fowler Property Management Department 900 Monroe Street,4th floor, Suite 402 Fort Worth, Texas 76102 817-392-6645 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Contract Renewal Pagel of 2 CSC No. ACCEPTED AND AGREED: CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and M/111 administration of this contract, including By Dana Burehdoff(N 22,z02 14:02 CST) ensuring all performance and reporting Name: Dana Burghdoff requirements. Title: Assistant City Manager ByElIwn Gue ara on IfofR an SL'�huro Nw 1T 2U�1 CS 6�fY c 2 Name: Alan Shuror Title: Assistant Director, Property APPROVAL RECOMMENDED: Management Department �By Stev (Nov18,20221 APPROVED AS TO FORM AND Name: Steve Cook LEGALITY: Title: Director, Property Management Department By: a44FoerIla Name: Jeremy Anato Mensah 'N' Title: Assistant City Attorney I �o a=d ATTEST: °° °o '5 aa�a nEoo5Q44 CONTRACT AUTHORIZATION: Tann�e S. GoodallS. Goodall By Jannette S.Goodall(Nov 22,2022 16:22 CST) M&C: 22-0109 Name: Jannette Goodall Date Approved: 2/22/22 Title: City Secretary Form 1295 Certification No.: 2022-838314 Elliott Electric Sup ly, Inc. By: Name: Cody Sears Title: Branch anager OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Contract Renewal Page 2 of 2 11/15/22,2:20 PM M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FO-- sT11 Create New From This M&C DATE: 2/22/2022 REFERENCE **M&C 22- LOG NAME: 13P COOP ELECTRIC NO.: 0109 SUPPLIES MG CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL)Authorize Purchase Agreements with Dealers Electrical Supply Company and Elliott Electric Supply, Inc for Electrical Supplies Using BuyBoard Cooperative Contract 657-21 in a Combined Annual Amount Up to $1,700,000.00, Authorize Two One-Year Renewal Options, and Ratify Expenditures in an Amount Up to $200,000.00 for All City of Fort Worth Departments RECOMMENDATION: It is recommended that the City Council authorize purchase agreements with Dealers Electrical Supply Company and Elliott Electric Supply, Inc for electrical supplies using BuyBoard Cooperative Contract 657-21 in a combined annual amount up to $1,700,000.00, authorize two one-year renewal options, and ratify expenditures in an amount up to $200,000.00 for all City of Fort Worth departments. DISCUSSION: These City-wide purchase agreements will be used by all departments to purchase needed electrical supplies to update and maintain city-owned property. The current agreements expired on November 30, 2021. It is requested that City Council approve the ratification of expenditures up to $200,000.00 for the purchase of electrical supplies during the month of January and the first two weeks of February. BuyBoard Contract 657-21 has an initial term December 1, 2021 through November 30, 2022 with two one-year renewal options. The Request for Offer for BuyBoard Contract 657-21 was published on January 28, 2021 and responses were opened on June 17, 2021. BuyBoard contracts offer fixed discounts. Staff reviewed the pricing and determined it to be fair and reasonable. The maximum amount allowed under this agreement citywide will be $1,700,000,00, however the actual amount used will be based on needs of the department and available budget. COOPERATIVE PURCHASE - State law provides that a local government purchasing an item under a cooperative purchase agreement satisfies any state law requiring that the local government seek competitive bids for purchase of the item. BuyBoard contracts are competitively bid to increase and simplify the purchasing power of government entities across the State of Texas. AGREEMENT TERMS - Upon City Council approval, the agreement shall begin upon execution of the agreement and will expire on November 30, 2022 with the option to renew for up to two additional one- year terms, in accordance with the terms of the BuyBoard contract. This 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 -A M/WBE goal is not assigned when purchasing from an approved purchasing cooperative or public entity. This project will serve ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budgets, as previously appropriated, in the participating departments' Operating Funds to support the approval of apps.cfwnet.org/council_packet/mc_review.asp?ID=29661&counciIdate=2/22/2022 112 11/15/22,2:20 PM M&C Review the above recommendation and execution of the purchase agreement. Prior to any expenditure being incurred, the participating departments have the responsibility to validate the availability of funds. BQN\\ TO __ Fund Department Account Project Program Activity Budget Reference# Amount IDI ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I I ID Year Chartfield 2 Submitted for City Manager's Office by_ Reginald Zeno (8517) Origina ing-D-epartment Head: Anthony Rousseau (8338) Additional Information Contact: Cynthia Garcia (8525) Michelle Green (2058) ATTACHMENTS Dealers Electric.pdf (CFW Internal) Dealers Electrical Supply_.pdf (CFW Internal) Elliott Electric Supplypdf (CFW Internal) Elliott Electric Supply_.pdf (CFW Internal) apps.cfwnet.org/council_packet/mc_review.asp?ID=29661&councildate=2/22/2022 2/2 CSC No. 57057-A1 FIRST AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 57057 COOPERATIVE PURCHASE AGREEMENT This Amendment to Fort Worth City Secretary Contract No. 57057 ("Amendment") is made between the City of Fort Worth ("Fort Worth"), a municipal corporation and Elliott Electric Supply, Inc ("Vendor"). WHEREAS, Fort Worth and Vendor entered into an Agreement identified as Fort Worth City Secretary Contract No. 57057 beginning January 27, 2022 (the "Agreement"); and WHEREAS, it is the collective desire of both Fort Worth and Vendor to amend the Agreement to increase the total compensation amount; NOW THEREFORE, known by all these present, Fort Worth and Vendor, acting herein by the through their duly authorized representatives, agree to the following terms, which amend the Agreement as follows: 1. 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 shall not exceed One Million Seven Hundred Thousand Dollars ($1,700,000.00). 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. 2. Fort Worth City Secretary Contract No. 57057 is hereby amended to add Exhibit A "BuyBoard 657-21 Pricelist", a copy of which is attached to this First Amendment. 3. Fort Worth City Secretary Contract No. 57057 is hereby amended to add Exhibit B "BuyBoard 657-21", a copy of which is attached to this First Amendment. 4. All other terms,provisions,conditions,covenants and recitals of the Agreement not expressly amended herein shall remain in full force and effect. [Signature Page Follows] OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to Fort Worth City Secretary Contract No. 56516 Page 1 of 2 Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and By: Regi KaId Ze (M a r 2,202210:18 CST) reporting requirements. Name: Reginald Zeno Title: Interim Assistant City Manager Date: Mar2,2022 By: - Name: Cynthia Garcia Approval Recommended: Title: Assistant Finance Director Approved as to Form and Legality: .AKt�e �ua4¢ar� By: 7 Name: Anthony Rousseau Title: Acting Finance Director By: Name: Taylor Paris Title: Assistant City Attorney ATTEST: Tgnnette S. Goodall Contract Authorization: By. Jannette S.Goodall(Mar 3,2022 07:43 CST) M&C• 22-0109 Name: Jannette Goodall a � 7� Title: City Secretary OFofortr�1d 0,0 I10 0=d V0 0 O 0 0 0 ICY VENDOR: 0000000 d an Elliott Electric Supply, Inc 6312A Airport Freeway Fort Worth,TX 76117 By: Name: Cody S s Title: Mana/fer Date: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to Fort Worth City Secretary Contract No. 56516 Page 2 of 2 Exhibit A Elliott Electric Supply Information Address: 10505 Boyer Blvd. Austin, TX 78758 Phone: (512) 339-8750 Fax: (512) 339-6732 By submitting your response, you certify that you are authorized to represent and bind your company. Chris Petty chrispetty@elliottelectric.com Signature Email Submitted at 61112021 4:53:24 PM Requested Attachments IRS Form W-9 Request for Taxpayer Identification Number and Certification W-9.pdf REQUIRED - In PDF format, upload W-9 form. (Please DO NOT password protect uploaded files.) Detailed Information and Exceptions Related to Discount and/or Hourly Labor Rate No response In PDF format, define the services that are proposed to be provided and attach detailed information including exceptions to pricing or discount percentage, NOTE: IF DETAILED INFORMATION IS NOT SUBMITTED, PROPOSAL MAY NOT BE CONSIDERED. (Please DO NOT password protect uploaded files.) BuyBoard Proposal Invitation No.657-21 - Building 657-21-Building-MRO-Invitation-Signed.pdf Maintenance, Repair and Operations Supplies and Equipment REQUIRED - In PDF format, upload all proposal invitation documents available for download at vendor.buyboard.com including any additional pages, as necessary. (Please DO NOT password protect uploaded files.) Catalog/Pricelist Catalog-Pricelist.pdf REQUIRED - In PDF format, upload catalog/pricelist in proposal invitation instructions. File size must not exceed 100MB.(Please DO NOT password protect uploaded files.) Bid Lines 1 Section I: Equipment, Products,and Supplies-Discount (%)off cata log/price list for Electrical Supplies, Materials and Equipment. Total: I34% Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist Lutron Page 3 of 19 pages Vendor:Elliott Electric Supply 657-21 Alternate 1 Section I: Equipment, Products,and Supplies-Discount (%)off catalog/price list for Electrical Supplies, Materials and Equipment. Total: 16% Item Attributes 1. State Name of Catalog/Pricelist WattStopper 2 Section I: Equipment, Products,and Supplies-Discount(%)off catalog/pricelist for All Types of Power Generating Equipment(electric, gas, diesel portable, back up on-site). No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response 3 Section I: Equipment. Products,and Supplies-Discount(%)off catalog/pricelist for Various Types of Lamps and Ballasts (Fluorescent, incandescent, quarts, HID, shatterproof, metal handle, high pressure sodium, ballasts, similar related items). Total: I75% Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist Advance Page 4 of 19 pages Vendor:Elliott Electric Supply 657-21 Alternate 1 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Various Types of Lamps and Ballasts (Fluorescent, incandescent, quarts, HID, shatterproof, metal handle, high pressure sodium, ballasts, similar related items). Total: 75% Item Attributes 1. State Name of Catalog/Pricelist GE Lamps 4 Section I: Equipment. Products,and Supplies-Discount(%)off catalog/pricelist for Various Types of Lighting Fixtures. Total: I0% Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist Cooper Alternate 1 section I: Equipment. Products,and Supplies-Discount(%)off cataloa/pricelist for Various Types of Lighting Fixtures. Total: 0% Item Attributes 1. State Name of Catalog/Pricelist Keystone Alternate 2 Section I: Equipment. Products,and Supplies-Discount(%)off catalog/pricelist for Various Types of Lighting Fixtures. Total: 0% Item Attributes 1. State Name of Catalog/Pricelist Lithonia Page 5 of 19 pages Vendor:Elliott Electric Supply 657-21 Alternate 3 Section I: Equipment, Products,and Supplies-Discount(%)off catalog/pricelist for Various Types of Lighting Fixtures. Total: 10% Item Attributes 1. State Name of Catalog/Pricelist RAB Lighting 5 Section I: Equipment, Products,and Supplies-Discount(%)off catalog/pricelist for All Types of Indoor Signage. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response 6 Section I: Equipment. Products,and Supplies-Discount(%)off catalog/pricelist for All Types of Solar Supplies and Equipment. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response Page 6 of 19 pages Vendor:Elliott Electric Supply 657-21 7 Section I: Equipment, Products,and Supplies-Discount(%)off catalog/pricelist for Building Supplies and Materials(carpentry, lumber, drywall, insulation products, concrete products, and similar related items). No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response 8 Section I: Equipment, Products,and Supplies-Discount(%)off catalog/pricelist for Doors-All Types and Sizes(metal, wooden, and similar related items). No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response Page 7 of 19 pages Vendor:Elliott Electric Supply 657-21 9 Section I: Equipment, Products,and Supplies-Discount(%)off catalog/pricelist for Overhead Doors-All Types and Sizes(metal, wooden, similar related items). No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response 'I U Section I: Equipment, Products,and Supplies-Discount(%)off catalog/pricelist for All Types of Fasteners and Hardware Products (doors, cabinets, and similar related items). Total: 40% Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist Peco Page 8 of 19 pages Vendor:Elliott Electric Supply 657-21 1 1 Section I: Equipment, Products,and Supplies-Discount(%)off catalog/pricelist for Roofing Materials and Supplies (PRODUCTS ONLY-NO LABOR). No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response 1 2 Section I: Equipment, Products,and Supplies-Discount(%)off catalog/pricelist for Paint and Paint Related Products,Supplies and Equipment. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response Page 9 of 19 pages Vendor:Elliott Electric Supply 657-21 1 3 Section I: Equipment, Products,and Supplies-Discount(%)off catalog/pricelist for Parking Lot Striping Equipment,Supplies and Materials. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response 1 4 Section I: Equipment, Products,and Supplies-Discount(%)off catalog/pricelist for Plumbing Supplies, Materials and Equipment. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response Page 10 of 19 pages Vendor:Elliott Electric Supply 657-21 1 5 Section I: Equipment, Products,and Supplies-Discount(%)off catalog/pricelist for Various Types of Toilet Partitions,Sinks,and Countertops. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response 1 6 Section I: Equipment, Products,and Supplies-Discount(%)off catalog/pricelist for All Types of Energy and Water Monitoring Products. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response Page 11 of 19 pages Vendor:Elliott Electric Supply 657-21 1 7 Section I: Equipment, Products,and Supplies-Discount(%)off catalog/pricelist for Boiler Equipment and Supplies. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response 1 8 Section I: Equipment, Products,and Supplies-Discount(%)off catalog/pricelist for HVAC Refrigerants and Supplies. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response 1 9 Section I: Equipment, Products,and Supplies-Discount(%)off catalog/pricelist for All Types of Hand Tools and Sets. Total: I28% Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Page 12 of 19 pages Vendor:Elliott Electric Supply 657-21 Item Attributes 1. State Name of Catalog/Pricelist Klein 2 U Section I: Equipment, Products,and Supplies-Discount(%)off catalog/pricelist for Welding Supplies and Equipment. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response 2 Section I: Equipment, Products,and Supplies-Discount(%)off catalog/pricelist for Commercial Building Glass and Other Glass Materials and Supplies. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response Page 13 of 19 pages Vendor:Elliott Electric Supply 657-21 2 2 Section I: Equipment, Products,and Supplies-Discount(%)off catalog/pricelist for Building Entryway Awnings,Canopies and Related Accessories-all types of materials (metal, fabric, and related materials). No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response 2 3 Section I: Equipment, Products,and Supplies-Discount(%)off catalog/pricelist for Elevator Equipment and Supplies. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response Page 14 of 19 pages Vendor:Elliott Electric Supply 657-21 2 4 Section I: Equipment, Products,and Supplies-Discount(%)off catalog/pricelist for Escalator Equipment and Supplies. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response 2 5 Section I: Equipment, Products,and Supplies-Discount(%)off catalog/pricelist for Material Handling and Storage Equipment and Supplies (forklifts, warehouse storage systems, pallet jacks, similar related items). No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response Page 15 of 19 pages Vendor:Elliott Electric Supply 657-21 2 6 Section I: Equipment, Products,and Supplies-Discount(%)off catalog/pricelist for All Types of Fencing Materials and Supplies. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response 2 7 Section I: Equipment, Products,and Supplies-Discount(%)off catalog/pricelist for Pest Control Products and Supplies. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response 2 8 Section I: Equipment. Products,and Supplies-Discount(%)off catalog/pricelist for Power Washing Equipment and Materials. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Page 16 of 19 pages Vendor:Elliott Electric Supply 657-21 Item Attributes 1. State Name of Catalog/Pricelist No response 2 9 Section I: Equipment, Products,and Supplies-Discount(%)off catalog/pricelist for Soil/Road Chemical Base Stabilizer Products (solvents, surfactants, acid oxidizers, and common dispersing agents). No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response 3 U Section I: Equipment, Products,and Supplies-Discount(%)off catalog/pricelist for All Other Building Maintenance, Repair and Operations Products not listed (supplies, materials and equipment). No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response 3 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Boiler Equipment and Products and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity: 1 UOM: Hour No Bid Page 17 of 19 pages Vendor:Elliott Electric Supply 657-21 3 2 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Power Generating Equipment, Products and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity: 1 UOM: Hour No Bid 3 3 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Commercial Building Glass and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity: 1 UOM: Hour No Bid 3 4 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Elevator Equipment, Products and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity: 1 UOM: Hour No Bid 3 5 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Escalator Equipment, Products and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity: 1 UOM: Hour No Bid 3 6 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Fencing Products and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity: 1 UOM: Hour No Bid 3 7 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Toilet Partitions, Sinks, Countertops and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity: 1 UOM: Hour No Bid 3 8 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Overhead Door Equipment, Products and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity: 1 UOM: Hour No Bid 3 9 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Doors, Framework, Door Hardware Equipment, Products and Related Items --.Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity: 1 UOM: Hour No Bid Page 18 of 19 pages Vendor:Elliott Electric Supply 657-21 4 U Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Building Entryway Awnings, Canopies and Related Equipment, Products and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity: 1 UOM: Hour No Bid 4 1 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Power Washing Equipment and/or Services and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity: 1 UOM: Hour No Bid 4 2 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Parking Lot Striping Equipment and/or Services and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity: 1 UOM: Hour No Bid 4 3 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Concrete Cutting and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity: 1 UOM: Hour No Bid Response Total: $0.00 Page 19 of 19 pages Vendor:Elliott Electric Supply 657-21 Exhibit B PFBoardP.O. Box 400,Austin,Texas 78767 800.695.2919 •info@buyboard.com • buyboard.com October 11, 2021 Sent Via Email: chrispetty@elliottelectric.com Chris Petty Elliott Electric Supply, Inc. 10505 Boyer Blvd. Austin, TX 78758 Welcome to BuyBoard! Re: Notice of The Local Government Purchasing Cooperative ContractAward;Proposal Invitation No. 657-21, Building Maintenance, Repair and Operations Supplies and Equipment Congratulations, The Local Government Purchasing Cooperative (Cooperative) has awarded your company a BuyBoard® contract based on the above-referenced Proposal Invitation. The contract is effective for an initial one-year term of December 1, 2021,through November 30, 2022,and may be subject to two possible one-year renewals. Please refer to the Proposal Invitation for the contract documents, including the General Terms and Conditions of the Contract. To review the items your company has been awarded, please review Proposal Tabulation No. 657-21 at: www.buyboard.com/vendor. Only items marked as awarded to your company are included in this contract award, and only those awarded items may be sold through the BuyBoard contract. All sales must comply with the contract terms and must be at or below the awarded pricing as set forth in the General Terms and Conditions. The contract will be posted on the BuyBoard website as an online electronic catalog(s).You are reminded that, in accordance with the General Terms and Conditions, all purchase orders must be processed through the BuyBoard. Except as expressly authorized in writing by the Cooperative's administrator, you are not authorized to process a purchase order received directly from a Cooperative member that has not been processed through the BuyBoard or provided to the Cooperative. If you receive a purchase order directly from a Cooperative member that you have reason to believe has not been received by the Cooperative or processed through the BuyBoard, you must promptly forward a copy of the purchase order by email to info@buyboard.com. A list of Cooperative members is available on the buyboard.com website. The BuyBoard vendor relations staff will be contacting you to assist with the resources available and to provide any support you may need as an awarded BuyBoard vendor. On behalf of the Cooperative, we appreciate your interest in the Cooperative and we are looking forward to your participation in the program. If you have any questions, please contact Cooperative Procurement Staff at 800-695-2919 (select option "2"). Sincerely, Arturo Salinas Asst. Division Director, Cooperative Purchasing Texas Association of School Boards, Inc., Administrator for The Local Government Purchasing Cooperative v.02.01.2021 t— 4 T" Endorsed by � TASAV TML Board® it National School National Purchasing Cooperative Endorsed by 'NSBA• Boards Association October 11, 2021 Sent Via Email: chrispetty@elliottelectric.com Chris Petty Elliott Electric Supply, Inc. 10505 Boyer Blvd. Austin, TX 78758 Welcome to BuyBoard! Re: Notice of National Purchasing Cooperative Award; Proposal Invitation No. 657-21, Building Maintenance, Repair and Operations Supplies and Equipment Congratulations, The National Purchasing Cooperative (National Cooperative) has awarded your company a BuyBoard@ contract based on the above-referenced Proposal Invitation. The contract is effective for an initial one-year term of December 1, 2021, through November 30, 2022, and may be subject to two possible one-year renewals. Please refer to the Proposal Invitation for the contract documents, including the National Purchasing Cooperative Vendor Award Agreement and General Terms and Conditions of the Contract. To review the items your company has been awarded, please review Proposal Tabulation No. 657-21 at www.buvboard.com/vendor. Only items marked as awarded to your company are included in this contract award, and only those awarded items may be sold through the BuyBoard contract. All sales must comply with the contract terms and must be at or below the awarded pricing as set forth in the General Terms and Conditions. The contract will be posted on the BuyBoard website as an online electronic catalog(s). You are reminded that, in accordance with the General Terms and Conditions, all purchase orders from National Cooperative members must be processed through the BuyBoard. Except as expressly authorized in writing by the Cooperative's administrator, you are not authorized to process a purchase order received directly from a National Cooperative member that has not been processed through the BuyBoard or provided to the Cooperative. If you receive a purchase order directly from a National Cooperative member that you have reason to believe has not been received by the National Cooperative or processed through the BuyBoard, you must promptly forward a copy of the purchase order by e-mail to info@buyboard.com A list of National Cooperative members is available on the buyboard.com website. The BuyBoard vendor relations staff will be contacting you to assist with resources available and provide any support you may need as an awarded BuyBoard vendor. On behalf of the National Cooperative,we are looking forward to your participation in the program. If you have any questions, please contact Cooperative Procurement Staff at 800-695-2919 (select option"2"). Sincerely, Arturo Salinas, Asst. Division Director, Cooperative Purchasing Texas Association of School Boards, Inc., Procurement Administrator for the National Purchasing Cooperative v.02.01.2021 P.0. Box 400,Austin, Texas 78767-0400 800.695.2919•buyboard.com WP: Board URChASM MPERd7IVE 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • buyboard.com PROPOSERS ACCEPTANCE AND AGREEMENT Proposal Invitation Name: Building Proposal Due Date/Opening Date and Time: Maintenance, Repair, and Operations Supplies and June 17, 2021 at 4:00 PM Equipment Location of Proposal Opening: Texas Association of School Boards, Inc. BuyBoard Department Proposal Invitation Number: 657-21 12007 Research Blvd. Austin, TX 78759 Anticipated Cooperative Board Meeting Date: Contract Term: December 1, 2021 through October 2021 November 30, 2022 with two possible one-year renewals. By signature below, the undersigned acknowledges and agrees that you are authorized to submit this Proposal,including making ail acknowledgements,consents,and certifications herein, on behalf of Proposer and, to the best of your knowledge,the information provided is true,accurate,and complete. Elliott Electric Supply 05/25/2021 Name of Proposing Company Date 12555 Harris Branch Pkwy Ste 105 Street Address Signature of Authorized Company Official Manor, TX, 78653 Chris Petty City, State, Zip Printed Name of Authorized Company Official 512-339-8750 Southwest Regional Manager Telephone Number of Authorized Company Official Position or Title of Authorized Company Official 512-339-6732 75-2721701 Fax Number of Authorized Company Official Federal ID Number Page 10 of 76 Proposal Forms CONST.v.03.01.2021 Board PURCNASWC COOPERATIVE 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • buyboard.com PROPOSAL FORMS PART 1: COMPLIANCE FORMS INSTRUCTIONS: Proposer must review and complete all forms in this Proposal Forms Part 1: • Proposal Acknowledgements • Felony Conviction Disclosure • Resident/Nonresident Certification • Debarment Certification • Vendor Employment Certification • No Israel Boycott Certification ■ No Excluded Nation or Foreign Terrorist Organization Certification ■ Historically Underutilized Business Certification • Acknowledgement of BuyBoard Technical Requirements • Construction-Related Goods and Services Affirmation • Deviation and Compliance • Vendor Consent for Name Brand Use ■ Confidential/Proprietary Information • EDGAR Vendor Certification • Compliance Forms Signature Page An authorized representative of Proposer must initial in the bottom right corner of each page where indicated and complete and sign the Compliance Forms Signature Page. Proposer's failure to fully complete, initial, and sign forms as required may result in your Proposal being rejected as non-responsive. PROPOSAL ACKNOWLEDGEMENTS The proposing company ("you"or"your') hereby acknowledges and agrees as follows: 1. You have carefully examined and understand all information and documentation associated with this Proposal Invitation, including the Instructions to Proposers, General Information, General Terms and Conditions, attachments/forms, appendices, item specifications, and line items (collectively"Requirements'); 2. By your response ("Proposal") to this Proposal Invitation, you propose to supply the products or services submitted at the pricing quoted in your Proposal and in strict compliance with the Requirements, unless specific deviations or exceptions are noted in the Proposal; 3. By your Proposal, you acknowledge and certify all items set forth in the General Terms and Conditions, Section B.12 (Certifications), including all non-collusion certifications and certifications regarding legal, ethical, and other matters set forth therein. 4. Any and all deviations and exceptions to the Requirements have been noted in your Proposal on the required form and no others will be claimed; Initial: C7) Page 11 of 76 Proposal Forms CONST.v.03.01.2021 Board PURCNASWC COOPERATIVE 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • buyboard.com 5. If the Cooperative accepts any part of your Proposal and awards you a Contract, you will furnish all awarded products or services at the pricing quoted and in strict compliance with the Requirements (unless specific deviations or exceptions are noted on the required form and accepted by the Cooperative), including without limitation the Requirements related to: a. conducting business with Cooperative members, including offering pricing to members that is the best you offer compared to similarly situated customers in similar circumstances; b. payment of a service fee in the amount specified and as provided for in this Proposal Invitation; c. the possible award of a piggy-back contract by the National Purchasing Cooperative or nonprofit entity, in which event you will offer the awarded products and services in accordance with the Requirements; and d. submitting price sheets or catalogs in the proper format as required by the Cooperative as a prerequisite to activation of your Contract; 6. You have clearly identified on the included form any information in your Proposal that you believe to be confidential or proprietary or that you do not consider to be public information subject to public disclosure under the Texas Public Information Act or similar public information law; 7. The individual submitting this Proposal is duly authorized to enter into the contractual relationship represented by this Proposal Invitation on your behalf and bind you to the Requirements, and such individual (and any individual signing a form or Proposal document) is authorized and has the requisite knowledge to provide the information and make the representations and certifications required in the Requirements; 8. You have carefully reviewed your Proposal, and certify that all information provided is true, complete, and accurate to the best of your knowledge, and you authorize the Cooperative to take such action as it deems appropriate to verify such information; and 9. Any misstatement, falsification, or omission in your Proposal, whenever or however discovered, will be grounds for disqualifying you from consideration for a contract award under this Proposal Invitation, termination of a contract award, or any other remedy or action provided for in the General Terms and Conditions or by law. FELONY CONVICTION DISCLOSURE Subsection (a) of Section 44.034 of the Texas Education Code (Notification of Criminal History of Contractor) 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 has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony." Section 44.034 further states in Subsection (b): "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." Please check W) one of the following: ❑ My company Is a publicly-held corporation. (Advance notice requirement does not apply to publicly-held corporation.) ❑d My company is not owned or operated by anyone who has been convicted of a felony. ❑ My company is owned/operated by the following individual(s) who has/have been convicted of a felony: Name of Felon(s): Details of Conviction(s): Initial: C Page 12 of 76 Proposal Forms CONST.v.03.01.2021 Board PURCNASWC COOPERATIVE 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • buyboard.com RESIDENT/NONRESIDENT CERTIFICATION Chapter 2252, Subchapter A, of the Texas Government Code establishes certain requirements applicable to proposers who are not Texas residents. Under the statute, a "resident" proposer is a person whose principal place of business is in Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in Texas. A "nonresident" proposer is a person who is not a Texas resident. Please indicate the status of your company as a "resident" proposer or a "nonresident" proposer under these definitions. Please check (i/)one of the following_ ❑_V I certify that my company is a Resident Proposer. ❑ I certify that my company is a Nonresident Proposer. If your company is a Nonresident Proposer, you must provide the following information for your resident state (the state in which your company's principal place of business is located): Company Name Address City State Zip Code A. Does your resident state require a proposer whose principal place of business is in Texas to under-price proposers whose resident state is the same as yours by a prescribed amount or percentage to receive a comparable contract? ❑ Yes ❑ No B. What is the prescribed amount or percentage? $ or DEBARMENT CERTIFICATION By signature on the Compliance Forms Signature Page, I certify that neither my company nor an owner or principal of my company has been debarred, suspended or otherwise made ineligible for participation in Federal Assistance programs under Executive Order 12549, 'Debarment and Suspension," as described in the Federal Register and Rules and Regulations. Neither my company nor an owner or principal of my company is currently listed on the government-wide exclusions in SAM, debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. My company agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from my company if my company or an owner or principal is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. VENDOR EMPLOYMENT CERTIFICATION Section 44.031(b) of the Texas Education Code establishes certain criteria that a school district must consider when determining to whom to award a contract. Among the criteria for certain contracts is whether the vendor or the vendor's ultimate parent or majority owner (i) has its principal place of business in Texas; or (ii) employs at least 500 people in Texas. If neither your company nor the ultimate parent company or majority owner has its principal place of business in Texas, does your company, ultimate parent company, or majority owner employ at least 500 people in Texas? Please check W) one of the following: 0 Yes ❑ No Initial: C�) Page 13 of 76 Proposal Forms CONST.v.03.01.2021 Board PURCNASWC COOPERATIVE 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • buyboard.com NO ISRAEL BOYCOTT CERTIFICATION A Texas governmental entity may not enter into a contract with a value of $100,000 or more that is to be paid wholly or partly from public funds with a company (excluding a sole proprietorship) that has 10 or more full-time employees for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. (TEx. Gov'T CODE Ch. 2270). Accordingly, this certification form is included to the extent required by law. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. TEx. Gov'T CODE §808.001(1). By signature on the Compliance Forms Signature Page, to the extent applicable, I certify and verify that Vendor does not boycott Israel and will not boycott Israel during the term of any contract awarded under this Proposal Invitation, that this certification is true, complete and accurate, and that I am authorized by my company to make this certification. NO EXCLUDED NATION OR FOREIGN TERRORIST ORGANIZATION CERTIFICATION Chapter 2252 of the Texas Government Code provides that a Texas governmental entity may not enter into a contract with a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization — specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.) By signature on the Compliance Forms Signature Page, I certify and verify that Vendor is not on the Texas Comptroller's list identified above; that this certification is true, complete and accurate; and that I am authorized by my company to make this certification. HISTORICALLY UNDERUTILIZED BUSINESS CERTIFICATION A Proposer that has been certified as a Historically Underutilized Business (also known as a Minority/Women Business Enterprise or"MWBE"and all referred to in this form as a "HUB") is encouraged to indicate its HUB certification status when responding to this Proposal Invitation. The BuyBoard website will indicate HUB certifications for awarded Vendors that properly indicate and document their HUB certification on this form. Please check W) all that apply: ❑ I certify that my company has been certified as a HUB in the following categories: ❑ Minority Owned Business ❑ Women Owned Business ❑ Service-Disabled Veteran Owned Business (veteran defined by 38 U.S.C. §101(2), who has a service-connected disability as defined by 38 U.S.C. § 101(16), and who has a disability rating of 20% or more as determined by the U. S. Department of Veterans Affairs or Department of Defense) Certification Number: Name of Certifying Agency: 0 My company has NOT been certified as a HUB. Initial: Page 14 of 76 Proposal Forms CONST.v.03.01.2021 Board PURCNASWC COOPERATIVE 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • buyboard.com ACKNOWLEDGEMENT OF BUYBOARD TECHNICAL REQUIREMENTS Vendor shall review the BuyBoard Technical Requirements included in this Proposal Invitation. By signature on the Compliance Forms Signature Page, the undersigned affirms that Proposer has obtained a copy of the BuyBoard Technical Requirements, has read and understands the requirements,and certifies that Vendor is able to meet and will comply with those requirements except as follows: [List and explain BuyBoard Technica/Requirements, if any, to which your company canno or wi//nat comp/y.] Note: In accordance with the General Terms and Conditions of the Contract, to the extent Vendor is awarded a Contract under this Proposal Invitation but is unable or unwilling to meet the applicable BuyBoard Technical Requirements, the information available on the BuyBoard for Vendor's awarded products or services may be limited, potentially placing Vendor at a disadvantage and impacting the ability of Cooperative members to search, find, review, and purchase Vendor's awarded products and services on the BuyBoard website. Further, to the extent Vendor has acknowledged ability to meet and comply with the BuyBoard Technical Requirements, any subsequent failure or refusal by Vendor to promptly provide information upon request to the Cooperative administrator in accordance with those technical requirements may be deemed an event of default under the Contract. CONSTRUCTION-RELATED GOODS AND SERVICES AFFIRMATION The Cooperative issued the BuyBoard Procurement and Construction-Related Goods and Services Advisory for Texas Members ("Advisory"), which provides information specifically relevant to the procurement of construction-related goods and services by Texas Cooperative members. The Advisory, available at buvboard.com/Vendor/Resources.asi)x, provides an overview of certain legal requirements that are potentially relevant to a Cooperative member's procurement of construction or construction-related goods and services, including those for projects that may involve or require architecture, engineering or independent testing services. A copy of the Advisory can also be provided upon request. Because many BuyBoard contracts include goods or installation services that might be considered construction-related, Proposer must make this Construction Related-Goods and Services Affirmation regardless of type of goods or services associated with this Proposal Invitation. A contract awarded under this Proposal Invitation covers only the specific goods and/or services awarded by the Cooperative. As explained in the Advisory ("Advisory"), Texas law prohibits the procurement of architecture or engineering services through a purchasing cooperative. This Proposal Invitation and any Contract awarded thereunder does not include such services. Architecture or engineering services must be procured by a Cooperative member separately, in accordance with the Professional Services Procurement Act(Chapter 2254 of the Texas Government Code) and other applicable law and local policy. By signature on the Compliance Forms Signature Page, Proposer affirms that Proposer has obtained a copy of the Advisory, has read and understands the Advisory, and is authorized by Proposer to make this affirmation. If Proposer sells construction- related goods or services to a Cooperative member under a Contract awarded under this Proposal Invitation, Proposer will comply with the Advisory and applicable legal requirements, make a good faith effort to make its Cooperative member customers or potential Cooperative member customers aware of such requirements, and provide a Cooperative member with a copy of the Advisory before accepting the member's Purchase Order, Member Construction Contract, or other agreement for construction-related goods or services. Initial: C�� Page 15 of 76 Proposal Forms CONST.v.03.01.2021 Board PURCNASWC COOPERATIVE 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • buyboard.com DEVIATION AND COMPLIANCE If your company intends to deviate from the General Terms and Conditions, Proposal Specifications or other requirements associated with this Proposal Invitation, you MUST list all such deviations on this form, and provide complete and detailed information regarding the deviations on this form or an attachment to this form. Prior to completing this form,Vendor shall review the General Terms and Conditions section B.4 (Deviations from Item Specifications and General Terms and Conditions). Please note that, as provided in section 113.4, certain provisions of the General Terms and Conditions are NOT subject to deviation, and certain deviations will be deemed rejected without further action by the Cooperative. Any attempted deviation, whether directly or indirectly, to provisions identified in this Proposal Invitation as not subject to deviation shall be deemed rejected by the Cooperative and, unless otherwise withdrawn by Vendor, may result in Vendor's Proposal being rejected in its entirety. The Cooperative will consider any deviations in its contract award decision and reserves the right to accept or reject a proposal based upon any submitted deviation. In the absence of any deviation identified and described in accordance with the above, your company must fully comply with the General Terms and Conditions, Proposal Specifications and all other requirements associated with this Proposal Invitation if awarded a Contract under this Proposal Invitation. A deviation will not be effective unless accepted by the Cooperative. The Cooperative, by and through the Cooperative administrator, may, in its sole discretion, seek clarification from and/or communicate with Proposer(s) regarding any submitted deviation, consistent with general procurement principles of fair competition. The Cooperative reserves the right to accept or reject a Proposal based upon any submitted deviation. Please check W) one of the followina: © NO; Deviations ❑ Yes; Deviations List and fully explain any deviations you are submitting: Initial: Page 16 of 76 Proposal Forms CONST.v.03.01.2021 Board PURCNASWC COOPERATIVE 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • buyboard.com VENDOR CONSENT FOR NAME BRAND USE BuyBoard members seeking to make purchases using a Contract awarded under this Proposal Invitation may view information regarding awarded Vendors, including but not limited to product catalogs, pricelists, pricing, and Proposals, through the BuyBoard website. To improve and enhance the experience of BuyBoard members seeking to procure goods and services under the Contract utilizing the BuyBoard website, any Vendor logo, product images, and similar brand and trademark information provided by Vendor for purposes of the Contract("Vendor Information") may be posted on the BuyBoard website. You acknowledge that, by submitting your Proposal, unless you specifically opt out below, you consent to use of your company's Vendor Information on the BuyBoard website if awarded a Contract. You further acknowledge that whether, where, and when to include the Vendor Information on the BuyBoard website shall be at the sole discretion of the BuyBoard Administrator. Vendor retains, however, the right of general quality control over the BuyBoard Administrator's authorized display of proprietary Vendor Information. Neither the BuyBoard nor its administrator will be responsible for the use or distribution of Vendor Information by BuyBoard members or any other third party using the BuyBoard website. This Vendor Consent shall be effective for the full term of the Contract, including renewals, unless Vendor provides a signed, written notice revoking consent to contractadmin(&buvboard.com. BuyBoard shall have up to thirty days from the date of receipt of a termination or revocation of a Vendor Consent to remove Vendor information from the BuyBoard website. This Vendor Consent is subject to the Terms and Conditions of the Contract, including, but not limited to, those terms pertaining to Disclaimer of Warranty and Limitation of Liability, Indemnification, and Intellectual Property Infringement. Vendor logo files must be submitted in one of the formats set forth in the BuyBoard Technical Requirements. Proposers are requested to submit this information with Vendor's Proposal. (This consent shall not authorize use of your company's Vendor Information by BuyBoard if your company is not awarded a Contract.) OPT OUT: If your company wishes to opt out of the Vendor Consent for Name Brand Use, you must check the opt out box below. DO NOTselect this box unless your company is opting out of this Vendor Consent for Name Brand Use. ❑ By checking this box, Vendor hereby declines to provide consent for use of Vendor Information (as defined herein) on the BuyBoard website. By opting out, Vendor acknowledges and agrees that, if Vendor is awarded a Contract under this Proposal Invitation, information available on the BuyBoard for Vendor's awarded products or services may be limited, potentially placing Vendor at a disadvantage and impacting the ability of Cooperative members to search, find, review, and purchase Vendor's awarded products and services on the BuyBoard website. Initial: Page 17 of 76 Proposal Forms CONST.v.03.01.2021 oard� PURCHASING CCOPERATIVE 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • buyboard.com CONFIDENTIAL/PROPRIETARY INFORMATION A. Public Disclosure Laws All Proposals, forms, documentation, catalogs, pricelists, or other materials submitted by Vendor to the Cooperative in response to this Proposal Invitation, may be subject to the disclosure requirements of the Texas Public Information Act(Texas Government Code chapter 552.001, et. seq.) or similar disclosure law. Proposer must clearly identify on this form any information in its Proposal (including forms, documentation, or other materials submitted with the Proposal) that Proposer considers proprietary or confidential. If Proposer fails to properly identify the information, the Cooperative shall have no obligation to notify Vendor or seek protection of such information from public disclosure should a member of the public or other third party request access to the information under the Texas Public Information Act or similar disclosure law. When required by the Texas Public Information Act or other disclosure law, Proposer may be notified of any third-party request for information in a Proposal that Proposer has identified in this form as proprietary or confidential. Does your Proposal (including forms, documentation, catalogs, pricelists, or other materials submitted with the Proposal) contain information which Vendor considers proprietary or confidential? Please check N)one of the following: ❑ NO, I certify that none of the information included with this Proposal is considered confidential or proprietary. YES, I certify that this Proposal contains information considered confidential or proprietary and all such information is specifically identified on this form. If you responded "YES", you must clearly identify below the specific information you consider confidential or proprietary. List each page number, form number,or other information sufficient to make the information readily identifiable. The Cooperative and Cooperative administrator shall not be responsible for a Proposer's failure to clearly identify information considered confidential or proprietary. Further, by submitting a Proposal, Proposer acknowledges that the Cooperative and Cooperative administrator will disclose information when required by law, even if such information has been identified herein as information Vendor considers confidential or proprietary. Confidential / Proprietary Information: (Attach addition/sheets if needed.) Initial: C Page 18 of 76 Proposal Forms CONST.v.03.01.2021 Board PURCNASWC COOPERATIVE 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • buyboard.com B. Coavriaht Information Does your Proposal (including forms, documentation, pricelists, catalogs, or other materials submitted with the Proposal) contain copyright information? Please check(A one of the following ❑ NO, Proposal (including forms, documentation, pricelists, catalogs, or other materials submitted with the Proposal)does not contain copyright information. ❑ YES, Proposal (including forms, documentation, pricelists, catalogs, or other materials submitted with the Proposal)does contain copyright information. If you responded"YES", clearly identify below the specific documents or pages containing copyright information. Copyright Information: (Attach additional sheets if needed.) C. Consent to Release Confidential/Proprietary/Coavriaht Information to BuyBoard Members BuyBoard members (Cooperative and nonprofit members) seeking to make purchases through the BuyBoard may wish to view information included in the Proposals of awarded Vendors. If you identified information on this form as confidential, proprietary, or subject to copyright, and you are awarded a BuyBoard contract, your acceptance of the BuyBoard contract award constitutes your consent to the disclosure of such information to BuyBoard members, including posting of such information on the secure BuyBoard website for members. Note: Neither the Cooperative nor Cooperative administrator will be responsible for the use or distribution of information by BuyBoard members or any other party. D. Consent to Release Proposal Tabulation Notwithstanding anything in this Confidential/Proprietary Information form to the contrary, by submitting a Proposal,Vendor consents and agrees that, upon Contract award, the Cooperative may publicly release, including posting on the public BuyBoard website,a copy of the proposal tabulation and award information for the Contract including Vendor name; proposed catalog/pricelist name(s); proposed percentage discount(s), hourly labor rate(s),or other specified pricing; and Vendor award or non-award information. Initial: C/7 Page 19 of 76 Proposal Forms CONST.v.03.01.2021 Board PURCNASWC COOPERATIVE 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • buyboard.com EDGAR VENDOR CERTIFICATION (2 CFR Part 200 and Appendix II) When a Cooperative member seeks to procure goods and services using funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR 200 (sometimes referred to as the "Uniform Guidance"or new "EDGAR"). All Vendors submitting a Proposal must complete this EDGAR Certification Form regarding Vendor's willingness and ability to comply with certain requirements which may be applicable to specific Cooperative member purchases using federal grant funds. Completed forms will be made available to Cooperative members for their use while considering their purchasing options when using federal grant funds. Cooperative members may also require Vendors to enter into ancillary agreements, in addition to the terms and conditions of the BuyBoard contract, to address the member's specific contractual needs, including contract requirements for a procurement using federal grants or contracts. For each of the items below, Vendor should certify Vendors agreement and ability to comply, where applicable, by having Vendors authorized representative check the applicable boxes,initial each page, and sign the Compliance Forms Signature Page, If you fail to complete any item in this form,the Cooperative will consider and may list the Vendors response on the BuyBoard as "NO,ff the Vendor is unable or unwilling to comply, A"NO" response to any of the items may, if applicable, impact the ability of a Cooperative member to purchase from the Vendor using federal funds. 1. Vendor Violation or Breach of Contract Terms: Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 USC 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. Provisions regarding Vendor default are included in the BuyBoard General Terms and Conditions, including Section E.18, Remedies for Default and Termination of Contract. Any Contract award will be subject to such BuyBoard General Terms and Conditions, as well as any additional terms and conditions in any Purchase Order, Member Construction Contract, or Cooperative member ancillary contract agreed upon by Vendor and the Cooperative member which must be consistent with and protect the Cooperative member at least to the same extent as the BuyBoard Terms and Conditions. The remedies under the Contract are in addition to any other remedies that may be available under law or in equity. By submitting a Proposal, you agree to these Vendor violation and breach of contract terms. M YES, I agree. ❑ NO, I do not agree. 2. Termination for Cause or Convenience: For any Cooperative member purchase or contract in excess of$10,000 made using federal funds,you agree that the following term and condition shall apply: The Cooperative member may terminate or cancel any Purchase Order under this Contract at any time, with or without cause, by providing seven (7)business days advance written notice to the Vendor. If this Agreement is terminated in accordance with this Paragraph, the Cooperative member shall only be required to pay Vendor for goods or services delivered to the Cooperative member prior to the termination and not otherwise returned in accordance with Vendor's return policy. If the Cooperative member has paid Vendor for goods or services not yet provided as of the date of termination, Vendor shall immediately refund such payment(s). If an alternate provision for termination of a Cooperative member purchase for cause and convenience, including the manner by which it will be effected and the basis for settlement, is included in the Cooperative member's Purchase Order, Member Construction Contract, or ancillary agreement agreed to by the Vendor, the Cooperative member's provision shall control. EO YES, I agree. ❑ NO, I do not agree. Initial: L Page 20 of 76 Proposal Forms CONST.v.03.01.2021 Board PURC144MC COOPERATIVE 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • buyboard.com 3. Equal Employment Opportunity: Except as otherwise provided under 41 CFR Part 60, all Cooperative member purchases or contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 shall be deemed to 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." The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Vendor agrees that such provision applies to any Cooperative member purchase or contract that meets the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 and Vendor agrees that it shall comply with such provision. © YES, I agree. ❑ NO, I do not agree. 4. Davis-Bacon Act: When required by Federal program legislation, Vendor agrees that, for all Cooperative member prime construction contracts/purchases in excess of$2,000, Vendor shall comply with the Davis-Bacon Act (40 USC 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction'. In accordance with the statute, Vendor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determinate made by the Secretary of Labor. In addition, Vendor shall pay wages not less than once a week. Current prevailing wage determinations issued by the Department of Labor are available at beta.sam.gov. Vendor agrees that, for any purchase to which this requirement applies, the award of the purchase to the Vendor is conditioned upon Vendor's acceptance of the wage determination. Vendor further agrees that it shall also comply with the Copeland "Anti-Kickback"Act (40 USC 3145), 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. 0 YES, I agree. ❑ NO, I do not agree. 5. Contract Work Hours and Safety Standards Act: Where applicable, for all Cooperative member contracts or purchases in excess of$100,000 that involve the employment of mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 USC 3702 of the Act,Vendor is 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 USC 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. EO YES, I agree. ❑ NO, I do not agree. Initial: Page 21 of 76 Proposal Forms CONST.v.03.01.2021 Board PURCNASWC COOPERATIVE 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • buyboard.com 6. Right to Inventions Made Under a Contract or Agreement: If the Cooperative member's 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 or 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. Vendor agrees to comply with the above requirements when applicable. M YES, I agree. ❑ NO, I do not agree. 7. Clean Air Act and Federal Water Pollution Control Act: Clean Air Act(42 USC 7401-7671q.)and the Federal Water Pollution Control Act(33 USC 1251-1387),as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act, as amended (33 USC 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). When required, Vendor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act. M YES, I agree. ❑ NO, I do not agree. 8. Debarment and Suspension: 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 1966 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. Vendor certifies that Vendor is not currently listed on the government-wide exclusions in SAM, is not debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor further agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from Vendor if Vendor is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. M YES, I agree. ❑ NO, I do not agree. 9. Byrd Anti-Lobbying Amendment: Byrd Anti-Lobbying Amendment (31 USC 1352) - Vendors 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 USC 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. As applicable, Vendor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352). 2 YES, I agree. ❑ NO, I do not agree. Initial: 7 Page 22 of 76 Proposal Forms CONST.v.03.01.2021 Board PURCNASWC COOPERATIVE 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • buyboard.com 10. Procurement of Recovered Materials: For Cooperative member purchases utilizing Federal funds, Vendor agrees to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information and certifications as a Cooperative member may require to confirm estimates and otherwise comply. 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. EO YES, I agree. ❑ NO, I do not agree. 11. Domestic Preferences for Procurements: Where appropriate and consistent with law, 2 CFR §200.322 contains certain considerations for domestic preferences for procurements which may be applicable to Cooperative members using federal funds. When required by a Cooperative member, Vendor agrees to provide such information or certification as may reasonably be requested by the Cooperative member regarding Vendor's products, including whether goods, products, or materials are produced in the United States. BZI YES, I agree. ❑ NO, I do not agree. 12. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment 2 CFR §200.216 prohibits expending federal loan or grant funds to procure or obtain certain telecommunications and video surveillance services or equipment. To the extent applicable and when required by a Cooperative member, Vendor agrees to provide such information or certification as may reasonably be requested by the Cooperative member to confirm whether any telecommunications or video surveillance services or equipment provided by Vendor is covered equipment or covered services under 2 CFR §200.216. EO YES, I agree. ❑ NO, I do not agree. 13. Profit as a Separate Element of Price: For purchases using federal funds in excess of the Simplified Acquisition Threshold, a Cooperative member may be required to negotiate profit as a separate element of the price. See, 2 CFR 200.324(b). When required by a Cooperative member, Vendor agrees to provide information and negotiate with the Cooperative member regarding profit as a separate element of the price for a particular purchase. However, Vendor agrees that the total price, including profit, charged by Vendor to the Cooperative member shall not exceed the awarded pricing, including any applicable discount, under Vendor's Cooperative Contract. EVI YES, I agree. ❑ NO, I do not agree. 14. General Compliance and Cooperation with Cooperative Members: In addition to the foregoing specific requirements, Vendor agrees, in accepting any Purchase Order from a Cooperative member, it shall make a good faith effort to work with Cooperative members to provide such information and to satisfy such requirements as may apply to a particular Cooperative member purchase or purchases including, but not limited to,applicable recordkeeping and record retention requirements. © YES, I agree. ❑ NO, I do not agree. Initial: C� Page 23 of 76 Proposal Forms CONST.v.03.01.2021 Board PURCNASWC COOPERATIVE 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • buyboard.com COMPLIANCE FORMS SIGNATURE PAGE By initialing pages and by signature below, I certify that I have reviewed the following forms; that the information provided therein is true, complete, and accurate; and that I am authorized by my company to make all certifications, consents, acknowledgements, and agreements contained herein: • Proposal Acknowledgements • Felony Conviction Disclosure • Debarment Certification • Resident/Nonresident Certification • Vendor Employment Certification • No Israel Boycott Certification ■ No Excluded Nation or Foreign Terrorist Organization Certification ■ Historically Underutilized Business Certification • Construction-Related Goods and Services Affirmation • Acknowledgement of BuyBoard Technical Requirements • Deviation and Compliance • Vendor Consent for Name Brand Use ■ Confidential/Proprietary Information • EDGAR Vendor Certification Elliott Electric Supply Company Name Signature of Authorized Company Official Chris Petty - Southwest Regional Manager Printed Name and Title 05/25/2021 Date Page 24 of 76 Proposal Forms CONST.v.03.01.2021 Board PURCNASWC COOPERATIVE 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • buyboard.com PROPOSAL FORMS PART 2: VENDOR INFORMATION FORMS INSTRUCTIONS: Proposer must completely and accurately provide all information requested in the following Vendor Information Forms or your Proposal may be rejected as non-responsive: ■ Vendor Business Name ■ National Purchasing Cooperative Vendor Award ■ Vendor Contact Information Agreement (vendors serving outside Texas only) ■ Federal and State/Purchasing Cooperative ■ Local/Authorized Seller Listings Experience ■ Manufacturer Dealer Designation ■ Governmental References ■ Proposal Invitation Questionnaire ■ Company Profile ■ Vendor Request to Self-Report BuyBoard ■ Texas Regional Service Designation Purchases (optional) ■ State Service Designation To the extent any information requested is not applicable to your company, you must so indicate on the form. VENDOR BUSINESS NAME By submitting a Proposal, Vendor is seeking to enter into a legal contract with the Cooperative. As such, Vendor must be an individual or legal business entity capable of entering into a binding contract. Name of Proposina Companv: Elliott Electric Supply (List the/eaa/name of the company seeking to contract with the Cooperative. Do NOT fist an assumed name, dba, aka, etc.here. Such information may be provided below. If you are submitting a joint proposal with another entity to provide the same proposed goods or services,each submitting entity should complete a separate vendor information form. Separately operating legal business entities, even if affiliated entities, which propose to provide goods or services separately must submit their own Proposals.) Please check(y)one of the following: Type of Business: ❑ Individual/Sole Proprietor BZI Corporation ❑ Limited Liability Company ❑ Partnership ❑ Other (Specify: ) State of Incorporation (if applicable): Texas Federal Employer Identification Number: 75-2721701 (Vendor must include a completed IR W- form with their Proposal) Name by which Vendor, if awarded,wishes to be identified on the BuyBoard: (Note. Ifdiffereatthan the Name ofProposing Company fisted above,only valid trade names(dba,aka, etc.)of the Proposing Company may be used and a copy of yourAssumed Name Certificate(s),if applicable,must be attached.) Elliott Electric Supply Page 25 of 76 Proposal Forms CONST.v.03.01.2021 Form W-9 Request for Taxpayer Give Form to the (Rev.October 2018) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service ►Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. Elliott Electric Supply, Inc 2 Business name/disregarded entity name,if different from above cli (D 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to m following seven boxes. certain entities,not individuals;see o- instructions on page 3): o ❑ Individual/sole proprietor or d❑ C Corporation ❑ S Corporation ❑ Partnership ❑Trust/estate rn single-member LLC ai c Exempt payee code(if any) CL v ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)IN- 0 i Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting rn LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is code(if'C c another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-memb any) er LLC that d is disregarded from the owner should check the appropriate box for the tax classification of its owner. w N ❑ Other(see instructions)► (Applies to accounts maintained outside the U.S.) 5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional) cn PO Box 630610/2526 N Stallings Dr 6 City,state,and ZIP code Nacogdoches,TX 75964 7 List account number(s)here(optional) Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.For individuals,this is generally your social security number(S .However,for a -m - resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN,later. or Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. [T5] - 1 1 4 1 2 1 3 1 7 1 T34 JIM Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part 11,later. Sign Signature of '/ A^ Here U.S.person► Vim, Date► y I PLO.Z k General Instructions •Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise noted. •Form 1099-MISC(various types of income,prizes,awards,or gross proceeds) Future developments.For the latest information about developments •Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FormW9. •Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest),1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number •Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption .Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231X Form W-9(Rev.10-2018) Board PURCNASWC COOPERATIVE 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • buyboard.com VENDOR CONTACT INFORMATION Proposal/Contract Contact: Vendor Proposal/Contract Contact Name: Chris Petty Vendor Proposal/Contract Contact E-mail Address: ChriSpetty@elllottelectric.Com Vendor Contact Mailing Address for Proposal/Contract Notices: 12555 Harris Branch PkWy Ste 5 Manor, TX 78653 Company Website: www.elliottelectric.com Purchase Orders Contact Information: All Purchase Orders from Cooperative members will be available through the Internet. Vendors need Internet access and at least one e-mail address so that notification of new orders can be sent to the Internet contact when a new purchase order arrives. An information guide will be provided to Vendors to assist them with retrieving their orders. Please select options below for receipt of Purchase Orders and provide the requested information: d❑ I will use the internet to receive Purchase Orders at the following address: Purchase Order E-mail Address: ChriSpetty@elliottelectric.Com Purchase Order Contact: Chris Petty Phone: 512-339-8750 Alternate Purchase Order E-mail Address: mikehogan@elllottelectric.Com Alternate Purchase Order Contact: Mike Hogan Phone: 512-339-8750 ❑ Purchase Orders may be received by the Designated Dealer(s) identified on my company's Dealer Designation form as provided to the Cooperative administrator. I understand that my company shall remain responsible for the Contract and the performance of all Designated Dealers under and in accordance with the Contract. Request for Ouotes ("RFO"): Cooperative members will send RFQs to you by e-mail. Please provide e-mail addresses for the receipt of RFQs: RFQ E-mail Address: ChriSpetty@elllottelectric.Com RFQ Contact: Chris Petty Phone: 512-339-8750 Alternate RFQ E-mail Address: mikehogan@elliottelectric.com Alternate RFQ Contact: Mike Hogan Phone: 512-339-8750 Page 26 of 76 Proposal Forms CONST.v.03.01.2021 Board PURCNASWC COOPERATIVE 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • buyboard.com Invoices: Your company will be billed monthly for the service fee due under a Contract awarded under this Proposal Invitation. All invoices are available on the BuyBoard website and e-mail notifications will be sent when they are ready to be retrieved. Please choose only one (1) of the following options for receipt of invoices and provide the requested information: ❑d Service fee invoices and related communications should be provided directly to my company at: Invoice Mailing address: 12555 Harris Branch Pkwy Ste 105 Department: City: Manor state: Texas Zip Code: 78653 Contact Name: Chris Petty Phone: 512-339-8750 Invoice Fax: 512-339-6732 Invoice E-mail Address: chrispetty@elliottelectric.com Alternative Invoice E-mail Address: mikehogan@elliottelectric.com ❑ In lieu of my company, I request and authorize all service fee invoices to be provided directly to the following billing agent": Billing Agent Mailing Address: Department: City: State: Zip Code: Billing Agent Contact Name: Phone: Billing Agent Fax: Billing Agent E-mail Address: Alternative Billing Agent E-mail Address: "If Vendor authorizes a billing agent to receive and process service fee invoices,in accordance with the Genera/Terms and Conditions of the Contract, Vendor specifically acknowledges and agrees that nothing in that designation shall relieve Vendor of its responsibilities and obligations under the Contract including, but not limited to,payment of a//service fees under any Contract awarded Vendor. PLEASE PROVIDE THE FOLLOWING INFORMATION: 1. Shipping Via: 0 Common Carrier ❑d Company Truck ❑d Prepaid and Add to Invoice ❑ Other: 2. Payment Terms: (Note: Vendorpayment terms must comply with the BuyBoard Genera/Terms and Conditions and the Texas Prompt PaymentAct(Texas Government Code Ch. 2251).): Net so days 3. Vendor's Internal/Assigned Reference/Quote Number (optional): 4. State or attach your return policy. (Note: Only return requirements and processes will be deemed part of Vendor's return policy. Any unrelated contract terms, terms of sale, or other information not specifically related to return requirements and processes included in Vendor's return policy shall not apply to any awarded Contract unless specifically included as a deviation in the Deviation and Compliance Form and accepted by the Cooperative): Merchandise retumedwill be subject to the"Manufacturers" return goods authorization Terms and Conditions. 5. Are electronic payments acceptable? d❑Yes ❑ No 6. Are credit card payments acceptable? ❑d Yes ❑ No Page 27 of 76 Proposal Forms CONST.v.03.01.2021 Board PURCNASWC COOPERATIVE 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • buyboard.com FEDERAL AND STATE/PURCHASING COOPERATIVE EXPERIENCE The Cooperative strives to provide Cooperative members with the best services and products at the best prices available from Vendors with the technical resources and ability to serve Cooperative members. Please respond to the following questions. 1. Provide the dollar value of sales to or through purchasing cooperatives at or based on an established catalog or market price during the previous 12-month period or the last fiscal year: $ . (The period of the 12-month period is / ). In the event that a dollar value is not an appropriate measure of the sales, provide and describe your own measure of the sales of the item(s). 2. By submitting a proposal, you agree that, based on your written discounting policies, the discounts you offer the Cooperative are equal to or better than the best price you offer other purchasing cooperatives for the same items under equivalent circumstances. 3. Provide the information requested below for other purchasing cooperatives for which Proposer currently serves, or in the past has served, as an awarded vendor. Rows should be added to accommodate as many purchasing cooperatives as required. CURRENT FORMER VENDOR (Y/N)?— AWARDED PURCHASING VENDOR? • •D GROUPD•• •• 1. Federal General Services Administration 2. T-PASS (state of Texas) 3. OMNIA Partners 4. Sourcewell (NJPA) 5. E&I Cooperative 6. Houston-Galveston Area Council (HGAC) 7. Choice Partners 8. The Interlocal Purchasing System (TIPS) 9. Other d❑ MY COMPANY DOES NOT CURRENTLY HAVE ANY OF THE ABOVE OR SIMILAR TYPE CONTRACTS. CURRENT BUYBOARD VENDORS If you are a current BuyBoard vendor in the same contract category as proposed in this Proposal Invitation, indicate the discount for your current BuyBoard contract and the proposed discount in this Proposal. Explain any difference between your current and proposed discounts. Current Discount (%): Proposed Discount(%): Explanation: Page 28 of 76 Proposal Forms CONST.v.03.01.2021 Board PURCNASWC COOPERATIVE 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • buyboard.com GOVERNMENTAL REFERENCES For your Proposal to be considered, you must supply a minimum of five (5) individual governmental entity references. The Cooperative may contact any and all references provided as part of the Proposal evaluation. Provide the information requested below, including the existing pricing/discounts you offer each customer. The Cooperative may determine whether pricing/discounts are fair and reasonable by comparing pricing/discounts stated in your Proposal with the pricing/discounts you offer other governmental customers. Attach additional pages if necessary. Quantity/ Entity Name Contact Phone# Email Address Discount Volume 1 Leander ISD 512-434-5000 2% / EES Catalog N/A 2 City of Round Rock 512-401-5150 2% / EES Catalog N/A 3 Taylor ISD 512-365-1391 2% / EES Catalog N/A 4 Lampasas ISD 512-556-8224 2% / EES Catalog N/A 5 City of Austin 512-322-6235 2% / EES Catalog N/A Do you ever modify your written policies or standard governmental sales practices as identified in the above chart to give better discounts (lower pricing) than indicated? YES 2] NO ❑ If YES, please explain: Quoted projects, discounts for larger quantites COMPANY PROFILE Information on awarded Cooperative Contracts is available to Cooperative Members on the BuyBoard website. If your company is awarded a Contract under this Proposal Invitation, please provide a brief company description that you would like to have included with your company profile on the BuyBoard website. Submit your company profile in a separate file, in Word format, with your Proposal. (Note: Vendor is solely responsible for any content provided for inclusion on the BuyBoard website. The Cooperative reserves the right to exclude or remove any content in its sole discretion, with or without prior notice, including but not limited to any content deemed by the Cooperative to be inappropriate, irrelevant to the Contract, inaccurate, or misleading.) Page 29 of 76 Proposal Forms CONST.v.03.01.2021 Board PURCHASING COOPERATIVE 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • buyboard.com TEXAS REGIONAL SERVICE DESIGNATION The Cooperative (referred to as"Texas Cooperative" in this form and in the State Service Designation form) offers vendors the opportunity to service its members throughout the entire State of Texas. If you do not plan to service all Texas Cooperative members statewide, you must indicate the specific regions you will service on this form. If you propose to serve different regions for different products or services included in your Proposal,you must complete and submit a separate Texas Regional Service Designation form for each group of products and clearly indicate the products or services to which the designation applies. By designating a region or regions, you are certifying that you are authorized and willing to provide the proposed products and services in those regions. Designating regions in which you are either unable or unwilling to provide the specified products and services shall be grounds for either rejection of your Proposal or,if awarded, termination of your Contract. Additionally, if you do not plan to service Texas Cooperative members (i.e., if you will service only states other than Texas), you must so indicate on this form. Regional Education Service Centers m I will service Texas Cooperative members statewide. ❑ I will not service Texas Cooperative members statewide. I will only service members in the F regions checked below: -� Region and Headauarters "� ❑ 1 Edinburg - u, - ❑ 2 Corpus Christi °°- C ❑ 3 Victoria 5 I._,, ❑ 4 Houston ' ❑ 5 Beaumont ❑ 6 Huntsville y - �- ❑ 7 Kilgore .� F ❑ 8 Mount Pleasant _ ❑ 9 Wichita Falls ❑ 10 Richardson _ ❑ 11 Fort Worth R ❑ 12 Waco ❑ 13 Austin -4— ❑ 14 Abilene ❑ 15 San Angelo ' ❑ 16 Amarillo Elliott Electric Supply ❑ 17 Lubbock ❑ 18 Midland Company Name ❑ 19 El Paso ❑ 20 San Antonio ❑ I will not service members of the Texas Cooperative. Page 30 of 76 Proposal Forms CONST.v.03.01.2021 vard� Ff1ROHASM COOPERATIVE 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com STATE SERVICE DESIGNATION As set forth in the Proposal Invitation, it is the Cooperative's intent that other governmental entities in the United States have the opportunity to purchase goods or services awarded under the Contract, subject to applicable state law, through a piggy- back award or similar agreement through the National Purchasing Cooperative BuyBoard. If you plan to service the entire United States or only specific states, you must complete this form accordingly. (Note:Ifyouplan toservice Texas Cooperative members, be sure that you complete the Texas Regional Service Designation form.) In addition to this form, to be considered for a piggy-back award by the National Purchasing Cooperative, you must have an authorized representative sign the National Purchasing Cooperative Vendor Award Agreement that follows this form. If you serve different states for different products or services included in your Proposal, you must complete and submit a separate State Service Designation form for each group of products and clearly indicate the products or services to which the designation applies. By designating a state or states,you are certifying that you are authorized and willing to provide the proposed products and services in those states.Designating states in which you are either unable or unwilling to provide the specified products and services shall be grounds for either rejection of your Proposal or,If awarded, termination of your Contract. Please check(1/) all that apply: ❑ I will service all states in the United States. 0 I will not service all states in the United States. I will service only the states checked below: ❑ Alabama ❑ Alaska ❑ Nebraska 0 Arizona ❑ Nevada 0 Arkansas ❑ New Hampshire ❑ California (Public Contract Code 20118 &20652) ❑ New Jersey ❑ Colorado ❑ New Mexico ❑ Connecticut ❑ New York ❑ Delaware ❑ North Carolina ❑ District of Columbia ❑ North Dakota ❑ Florida ❑ Ohio 0 Georgia ❑ Oklahoma ❑ Hawaii ❑ Oregon ❑ Idaho ❑ Pennsylvania ❑ Illinois ❑ Rhode Island ❑ Indiana ❑ South Carolina ❑ Iowa ❑ South Dakota © Kansas ❑ Tennessee ❑ Kentucky ❑ Texas ❑_V Louisiana ❑ Utah ❑ Maine ❑ Vermont ❑ Maryland ❑ Virginia ❑ Massachusetts ❑ Washington ❑ Michigan ❑ West Virginia ❑ Minnesota ❑ Wisconsin ❑ Mississippi ❑ Wyoming ❑ Missouri ❑ Montana Proposal Forms CONST.v.03.01.2021 Page 31 of 76 vard� Ff1ROHASM COOPERATIVE 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com NATIONAL PURCHASING COOPERATIVE VENDOR AWARD AGREEMENT In accordance with the Terms and Conditions associated with this Proposal Invitation,a contract awarded under this Proposal Invitation may be "piggy-backed" by another governmental entity. The National Purchasing Cooperative is an intergovernmental purchasing cooperative formed by certain school districts outside of Texas to serve its members throughout the United States. If you agree to be considered for a piggy-back award by the National Purchasing Cooperative, you agree to the following terms and agree to serve National Purchasing Cooperative members in the states you have indicated on the State Service Designation form, in your Proposal. By signing this form, Proposer (referred to in this Agreement as"Vendor") agrees as follows: 1. Vendor acknowledges that if The Local Government Purchasing Cooperative ("Texas Cooperative") awards Vendor a contract under this Proposal Invitation ("Underlying Award'), the National Purchasing Cooperative ("National Cooperative') may - but is not required to - "piggy-back" on or re-award all or a portion of that Underlying Award ('Piggy-Back Award'. By signing this National Cooperative Vendor Award Agreement ("Agreement's, Vendor accepts and agrees to be bound by any such Piggy-Back Award as provided for herein. 2. In the event National Cooperative awards Vendor a Piggy-Back Award, the National Cooperative Administrator ("BuyBoard Administrator") will notify Vendor in writing of such Piggy-Back Award, which award shall commence on the effective date stated in the Notice and end on the expiration date of the Underlying Award, subject to annual renewals as authorized in writing by the BuyBoard Administrator. Vendor agrees that no further signature or other action is required of Vendor in order for the Piggy-Back Award and this Agreement to be binding upon Vendor. Vendor further agrees that no interlineations or changes to this Agreement by Vendor will be binding on National Cooperative, unless such changes are agreed to by its BuyBoard Administrator in writing. 3. Vendor agrees that it shall offer its goods and services to National Cooperative members at the same unit pricing and same general terms and conditions, subject to applicable state laws in the state of purchase, as required by the Underlying Award. However, nothing in this Agreement prevents Vendor from offering National Cooperative members better(i.e., lower) competitive pricing and more favorable terms and conditions than those in the Underlying Award. 4. Vendor hereby agrees and confirms that it will serve those states it has designated on the State Service Designation Form of this Proposal Invitation. Any changes to the states designated on the State Service Designation Form must be approved in writing by the BuyBoard Administrator. 5. Vendor agrees to pay National Cooperative the service fee provided for in the Underlying Award based on the amount of purchases generated from National Cooperative members through the Piggy-Back Award. Vendor shall remit payment to National Cooperative on such schedule as it specifies (which shall not be more often than monthly). Further, upon request, Vendor shall provide National Cooperative with copies of all purchase orders generated from National Cooperative members, vendor invoices, and/or such other documentation regarding those purchase orders as the Cooperative's administrators may require in their reasonable discretion for purposes of reviewing and verifying purchase activity. Vendor further agrees that National Cooperative shall have the right, upon reasonable written notice, to review Vendor's records pertaining to purchases made by National Cooperative members in order to verify the accuracy of service fees. 6. Vendor agrees that the Underlying Award, including its General Terms and Conditions, are adopted by reference to the fullest extent such provisions can reasonably apply to the post-proposal/contract award phase. The rights and responsibilities that would ordinarily inure to the Texas Cooperative pursuant to the Underlying Award shall inure to National Cooperative; and, conversely, the rights and responsibilities that would ordinarily inure to Vendor in the Underlying Award shall inure to Vendor in this Agreement. Vendor recognizes and agrees that Vendor and National Cooperative are the only parties to this Agreement, and that nothing in this Agreement has application to other third parties, including the Texas Cooperative. In the event of conflict between this Agreement and the terms of the Underlying Award, the terms of this Agreement shall control, and then only to the extent necessary to reconcile the conflict. Proposal Forms CONST.v.03.01.2021 Page 32 of 76 vard� Ff1ROHASM COOPERATIVE 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com 7. This Agreement shall be governed and construed in accordance with the laws of the State of Rhode Island and venue for any dispute shall lie in the federal district court of Alexandria, Virginia. 8. Vendor acknowledges and agrees that the award of a Piggy-Back Award is within the sole discretion of National Cooperative, and that this Agreement does not take effect unless and until National Cooperative awards Vendor a Piggy-Back Award and the BuyBoard Administrator notifies Vendor in writing of such Piggy-Back Award as provided for herein. WHEREFORE, by signing below Vendor agrees to the foregoing and warrants that it has the authority to enter into this Agreement. Elliott Electric Supply 657-21 Name of Vendor Proposal Invitation Number Chris Petty Signature of Authorized Company Official Printed Name of Authorized Company Official 05/25/2021 Date Proposal Forms CONST.v.03.01.2021 Page 33 of 76 vard� Ff1ROHASM COOPERATIVE 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com LOCATION / AUTHORIZED SELLER LISTINGS If you have more than one location/authorized seller that will service a Contract awarded under this Proposal Invitation, please list each location/authorized seller below. If additional sheets are required, please duplicate this form as necessary. NOTE: Awarded Vendors shall remain responsible for all aspects of the Contract, including processing of Purchase Orders, and shall be responsible for the performance of all locations and authorized sellers under and in accordance with the Contract. If you are a product manufacturer and wish to designate Designated Dealers as defined in the General Terms and Conditions to receive Cooperative member Purchase Orders on your behalf, you must complete the Manufacturer Designated Dealer form, Location/Authorized Contact Information Seller Name Contact Person (Mailing Address, Phone, Fax, Email) Proposal Forms CONST.v.03.01.2021 Page 34 of 76 vard� Ff1ROHASM COOPERATIVE 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com MANUFACTURER DEALER DESIGNATION If Vendor is a manufacturer that sells products through a dealer network and wishes to designate a dealer or multiple dealers ("Designated Dealers' to receive Cooperative member Purchase Orders on Vendor's behalf, you must complete this form for each dealer you wish to designate. Regardless of any Designated Dealers submitted by Vendor, Vendor specifically agrees and acknowledges that any such designations are for Vendor's convenience only and shall not, if Vendor is awarded a Contract, relieve Vendor of any obligations under the Contract, including payment of Cooperative service fees on all Purchase Orders submitted to Vendor or any Designated Dealer. In accordance with the General Terms and Conditions, an awarded Vendor shall remain responsible and liable for all of its obligations under the Contract and the performance of both Vendor and any of Vendor's Designated Dealers under and in accordance with the Contract and remain subject to all remedies for default thereunder, including, but not limited to suspension and termination of Vendor's Contract for nonpayment of service fees. If awarded, Vendor authorizes the Cooperative, in its sole discretion, to list any Vendor Designated Dealers in the BuyBoard system and to receive Purchase Orders directly from Cooperative members on behalf of Vendor. To the extent a Vendor with Designated Dealers receives a Purchase Order directly, it shall be the responsibility of Vendor to appropriately process such Purchase Order in accordance with the Contract, including but not limited to timely forwarding such Purchase Order to a Designated Dealer for processing. The Cooperative reserves the right, in its sole discretion, to refuse addition of, or request removal of, any Designated Dealer, and Vendor agrees to immediately require such Designated Dealer to cease accepting Purchase Orders or otherwise acting on Vendor's behalf under the Contract. Further, the Cooperative administrator shall be authorized to remove or suspend any or all Designated Dealers from the BuyBoard at any time in its sole discretion. If you wish to designate a dealer to service a contract awarded under this Proposal Invitation, please list the Designated Dealer below. If you wish to designate multiple dealers, please duplicate this form as necessary. Designated Dealer Name Designated Dealer Contact Person Designated Dealer Address City State Zip Phone Number Fax Number Email address Designated Dealer Tax ID Number* (*attach W-9) Proposal Forms CONST.v.03.01.2021 Page 35 of 76 vard� Ff1ROHASM COOPERATIVE 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com PROPOSAL INVITATION QUESTIONNAIRE The Cooperative will use your responses to the questions below in evaluating your Proposal and technical and financial resources to provide the goods and perform the services("Work' under the BuyBoard contract contemplated by this Proposal Invitation ("Contract"). Proposers must fully answer each question, numbering your responses to correspond to the questions/numbers below. Proposers must complete below or attach your responses to this questionnaire and submit in one document with your Proposal. You must submit the questionnaire and responses with your Proposal or the Proposal will not be considered. 1. List the number of years Proposer has been in business and former business names (if applicable). Note whether your company is currently for sale or involved in any transaction that would significantly alter its business or result in acquisition by another entity. 49 years. Not for sale. 2. Describe Vendor's direct experience (not as a subcontractor) performing the Work proposed under this Contract. Include a brief description of the projects you have completed for Texas governmental entities in the last 5 years, and include for each the project name, scope, value, and date, and the name of the procuring government entity and entity contact person. Identify the contracts that best represent Vendor's capabilities relative to this Contract. BuyBoard vendor in good standing for 9 years. 3. Describe the resources Proposer has to manage staff and successfully perform the Work contemplated under this Contract. State the number and summarize the experience of company personnel who may be utilized for the Work, including those who will be available to Cooperative members for assistance with project development, technical issues, and product selection for Work associated with this Contract. N/A Proposal Forms CONST.v.03.01.2021 Page 36 of 76 Baard� PURCHASING r-OOPERATIVE 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com 4. The Contract does not include architectural or engineering services, which must be procured separately, outside of the Cooperative, in accordance with Chapter 2254 of the Texas Government Code (Professional Services Procurement Act) or other applicable law (for entities outside of Texas). If you are performing Work under the Contract on a project that requires the services of an architect or professional engineer, how will you work with a Cooperative member and its designated architect or engineer with respect to services that must be procured outside the Contract? N/A 5. Describe the tasks and functions that can be completed by Vendor in-house without the use of a subcontractor or other third party. N/A 6. Marketina Strateav: For your Proposal to be considered, you must submit the Marketing Strategy you will use if the Cooperative accepts all or part of your Proposal. (Exam le: Explain how your company will initially inform Cooperative members of your BuyBoard Contract,and how you will continue to support the BuyBoard for the duration of the Contract term.)Attach additional pages if necessary. N/A 7. Describe Proposer's financial capability to perform the Contract. State or describe the firm's financial strength and rating, bonding capacity, and insurance coverage limits. State whether the firm, or any of the firm's past or present owners, principal shareholders or stockholders, or officers, have been a debtor party to a bankruptcy, receivership, or insolvency proceeding in the last 7 years, and identify any such debtor party by name and relationship to or position with your firm. N/A Proposal Forms CONST.v.03.01.2021 Page 37 of 76 Baard� PURCHASING r-OOPERATIVE 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com 8. Does your company have any outstanding financial judgments and/or is it currently in default on any loan or financing agreement? If so, provide detailed information on the nature of such items and prospects for resolution. No outstanding judgments. 9. List all contracts, if any, in the last 10 years on which Proposer has defaulted, failed to complete or deliver the work, or that have been terminated for any reason. Include any contract for which the surety was notified of a potential claim in regard to a payment or performance bond. For each such contract, provide the project name, scope, value and date and the name of the procuring entity. Fully explain the circumstances of the default, notice to surety, failure to complete or deliver the work, or termination. N/A 10. List all litigation or other legal proceedings (including arbitration proceedings and/or claims filed with a surety in regard to a payment or performance bond), if any, in the last 10 years brought against your firm, or any of the firm's past or present owners, principal shareholders or stockholders, officers, agents or employees, that relate to or arise from a contract similar to this Contract or the Work contemplated under this Contract. Provide the style of the lawsuit or proceeding (name of parties and court or tribunal in which filed), nature of the claim, and resolution or current status. N/A 11. Describe in detail the quality control system Vendor will use, including third party auditing certification, to support the long-term performance and structural strength of the products to be used in a project under the Contract. N/A Proposal Forms CONST.v.03.01.2021 Page 38 of 76 Baard� PURCHASING r-OOPERATIVE 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com 12. If the Work will require Vendor to tender performance or payment bonds, provide the name of the bonding company or surety that will issue such bonds. N/A 13. Describe in detail all documented safety issues, if any, that have involved Vendor in the last three years related to the type of work contemplated under this Contract. Provide a three-year history of your firm's workers compensation experience modifier. N/A Proposal Forms CONST.v.03.01.2021 Page 39 of 76 vard� Ff1ROHASM COOPERATIVE 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com VENDOR REQUEST TO SELF-REPORT BUYBOARD PURCHASES The General Terms and Conditions require that all Purchase Orders generated by or under any Contract awarded under this Proposal Invitation be processed through the BuyBoard and, except as expressly authorized in writing by the Cooperative administrator, Vendors are not authorized to process Purchase Orders received directly from Cooperative members that have not been processed through the BuyBoard or provided to the Cooperative. In accordance with this provision, Vendor may request authorization of the Cooperative administrator to self-report Cooperative member purchases if awarded a Contract under this Proposal Invitation. By making such a request, Vendor acknowledges and agrees that self-reporting is specifically subject to and conditioned upon (1) Vendor's agreement to the Additional Terms and Conditions for BuyBoard Self-Reporting which are included in this Proposal Invitation and incorporated herein for all purposes and (2) approval of this request in writing by the Cooperative administrator. Note: This form is NOT required as part of your proposal, You should sign and return this form ONL Y if you wish to request authorization to self-report BuyBoard purchases Any request to self-report will not be effective, and Vendor shall not be authorized to self-report BuyBoard member purchases, unless and until (1) Vendor is awarded a Contract under this Proposal Invitation, and (2) the request has been approved in writing by the Cooperative administrator. By my signature below, I hereby request authorization from the Cooperative administrator to self-report BuyBoard purchases If my company Is awarded a Contract. I certify that lam authorized by the above-named Vendor to approve this form,and I have received and read the Additional Terms and Conditions for BuyBoard Self-Reporting included in this Proposal Invitation and do hereby approve and agree to such terms and conditions on behalf of Vendor. NAME OF VENDOR: Signature of Vendor Authorized Representative Printed Name: Title: Date: (For Cooperative Administrator Use Only) Approved by BuyBoard Administrator: Effective/Start Date for Self-Reporting: Proposal Forms CONST.v.03.01.2021 Page 40 of 76 vard� Ff1ROHASM COOPERATIVE 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com REQUIRED FORMS CHECKLIST (Please check(v)the following) 0 Reviewed/Completed: Proposer's Acceptance and Agreement PROPOSAL FORMS PART 1: COMPLIANCE FORMS 0 Reviewed/Completed: Proposal Acknowledgements 0 Reviewed/Completed: Felony Conviction Disclosure d❑ Reviewed/Completed: Resident/Nonresident Certification © Reviewed/Completed: Debarment Certification d❑ Reviewed/Completed: Vendor Employment Certification d❑ Reviewed/Completed: No Israel Boycott Certification © Reviewed/Completed: No Excluded Nation or Foreign Terrorist Organization Certification © Reviewed/Completed: Historically Underutilized Business Certification 0 Reviewed/Completed: Acknowledgement of BuyBoard Technical Requirements 0 Reviewed/Completed: Construction-Related Goods and Services Affirmation © Reviewed/Completed: Deviation and Compliance d❑ Reviewed/Completed: Vendor Consent for Name Brand Use d❑ Reviewed/Completed: Confidential/Proprietary Information 0 Reviewed/Completed: EDGAR Vendor Certification © Reviewed/Completed: Compliance Forms Signature Page PROPOSAL FORMS PART 2:VENDOR INFORMATION FORMS 0 Reviewed/Completed: Vendor Business Name 0 Reviewed/Completed: Vendor Contact Information © Reviewed/Completed: Federal and State/Purchasing Cooperative Experience ❑d Reviewed/Completed: Governmental References © Reviewed/Completed: Company Profile ❑d Reviewed/Completed: Texas Regional Service Designation © Reviewed/Completed: State Service Designation d❑ Reviewed/Completed: National Purchasing Cooperative Vendor Award Agreement(vendors serving outside Texas only) ❑d Reviewed/Completed: Local/Authorized Seller Listings © Reviewed/Completed: Manufacturer Dealer Designation d❑ Reviewed/Completed: Proposal Invitation Questionnaire 0 Reviewed/Completed: Vendor Request to Self-Report BuyBoard Purchases (optional) 0 Reviewed/Completed: Proposal Specifications Discount (%) off Catalog/Pricelist and/or other required pricing information including Catalogs/Pricelists(or no bid response)must be submitted with the Proposal or the Proposal will not be considered. Proposal Forms CONST.v.03.01.2021 Page 43 of 76 vard� Ff1ROHASM COOPERATIVE 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com PROPOSAL SPECIFICATION SUMMARY The categories and items specified for this Proposal Invitation are summarized below. For full Proposal Specifications, you must review and complete the Proposal Specification information in the electronic proposal submission system in accordance with the Instructions to Proposers (or, if submitting a hard copy Proposal, timely request and complete the Proposal Specification Form in accordance with the Instructions to Proposers). Section I: Eauipment, Products, and Supplies 1 . Discount (%) off catalog/pricelist for Electrical Supplies, Materials and Equipment. 2 . Discount (%) off catalog/pricelist for All Types of Power Generating Equipment (electric, gas, diesel portable, back up on-site). 3 . Discount (%) off catalog/pricelist for Various Types of Lamps and Ballasts (fluorescent, incandescent, quartz, HID, shatterproof, metal halide, high pressure sodium, ballasts, similar related items). 4. Discount (%) off catalog/pricelist for Various Types of Lighting Fixtures. 5. Discount (%) off catalog/pricelist for All Types of Indoor Signage. 6. Discount (%) off catalog/pricelist for All Types of Solar Supplies and Equipment. 7. Discount(%) off catalog/pricelist for Building Supplies and Materials(carpentry, lumber,drywall, insulation products, concrete products, and similar related items). 8. Discount (%) off catalog/pricelist for Doors-All Types and Sizes (metal, wooden, and similar related items). 9. Discount (%) off catalog/pricelist for Overhead Doors-All Types and Sizes (metal, wooden, similar related items). 10. Discount (%) off catalog/pricelist for All Types of Fasteners and Hardware Products (doors, cabinets, and similar related items). 11. Discount (%) off catalog/pricelist for Roofing Materials and Supplies (PRODUCTS ONLY-NO LABOR). 12. Discount (%) off catalog/pricelist for Paint and Paint Related Products, Supplies and Equipment. 13. Discount (%) off catalog/pricelist for Parking Lot Striping Equipment, Supplies and Materials. 14. Discount (%) off catalog/pricelist for Plumbing Supplies, Materials and Equipment. 15. Discount (%) off catalog/pricelist for Various Types of Toilet Partitions, Sinks, and Countertops. 16. Discount (%) off catalog/pricelist for All Types of Energy and Water Monitoring Products. 17. Discount (%) off catalog/pricelist for Boiler Equipment and Supplies. 18. Discount (%) off catalog/pricelist for HVAC Refrigerants and Supplies. 19. Discount (%) off catalog/pricelist for All Types of Hand Tools and Sets. 20. Discount (%) off catalog/pricelist for Welding Supplies and Equipment. 21. Discount (%) off catalog/pricelist for Commercial Building Glass and Other Glass Materials and Supplies. 22. Discount (%) off catalog/pricelist for Building Entryway Awnings, Canopies and Related Accessories - all types of material (metal, fabric, and related materials). 23. Discount (%) off catalog/pricelist for Elevator Equipment and Supplies. 24. Discount (%) off catalog/pricelist for Escalator Equipment and Supplies. 25. Discount(%) off catalog/pricelist for Material Handling and Storage Equipment and Supplies(forklifts, warehouse storage systems, pallet jacks, similar related items). 26. Discount (%) off catalog/pricelist for All Types of Fencing Materials and Supplies. 27. Discount (%) off catalog/pricelist for Pest Control Products and Supplies. 28. Discount (%) off catalog/pricelist for Power Washing Equipment and Materials. 29. Discount (%) off catalog/pricelist for Soil/Road Chemical Base Stabilizer Products (solvents, surfactants, acid oxidizers, and common dispersing agents). 30. Discount(%) off catalog/pricelist for All Other Building Maintenance, Repair and Operations Products not listed (supplies, materials and equipment). Proposal Forms CONST.v.03.01.2021 Page 41 of 76 vard� Ff1ROHASM COOPERATIVE 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com Section II: Installation and Repair Service 31. Hourly Labor Rate for Installation/Repair Service of Boiler Equipment and Products and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 32. Hourly Labor Rate for Installation/Repair Service of Power Generating Equipment, Products and Related Items-- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 33. Hourly Labor Rate for Installation/Repair Service of Commercial Building Glass and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 34. Hourly Labor Rate for Installation/Repair Service of Elevator Equipment, Products and Related Items Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 35. Hourly Labor Rate for Installation/Repair Service of Escalator Equipment, Products and Related Items Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 36. Hourly Labor Rate for Installation/Repair Service of Fencing Products and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 37. Hourly Labor Rate for Installation/Repair Service of Toilet Partitions, Sinks, Countertops and Related Items-- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 38. Hourly Labor Rate for Installation/Repair Service of Overhead Door Equipment, Products and Related Items-- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 39. Hourly Labor Rate for Installation/Repair Service of Doors, Framework, Door Hardware Equipment, Products and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 40. Hourly Labor Rate for Installation/Repair Service of Building Entryway Awnings, Canopies and Related Equipment, Products and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 41. Hourly Labor Rate for Installation/Repair Service of Power Washing Equipment and/or Services and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 42. Hourly Labor Rate for Installation/Repair Service of Parking Lot Striping Equipment and/or Services and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 43. Hourly Labor Rate for Installation/Repair Service of Concrete Cutting and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. Proposal Forms CONST.v.03.01.2021 Page 42 of 76 oard PURCHASIN6 COOPERATIVE 657-21 Elliott Electric Supply Supplier Response Event Information Number: 657-21 Title: Building Maintenance, Repair and Operations Supplies and Equipment Type: Request for Proposal Issue Date: 4/14/2021 Deadline: 6/17/2021 04:00 PM (CT) Notes: gVBoard The Local Government Purchasing Cooperative (BuyBoard) Proposal Invitation No. 657-21 Building Maintenance, Repair and Operations Supplies and Equipment Proposal Due Date and Time: June 17, 2021 at 4:00 PM Responding to this and future proposals online is easy with our online submission system. 1. View and download the forms. • DO NOT log in to view and download the documents. • Visit vendor.buyboard.com and click on the "Current Proposal Invitations" button shown below to view and download the forms for this proposal. I Page 1 of 19 pages Vendor:Elliott Electric Supply 657-21 Current Proposal Invitations ► 2. To submit completed proposal. • Visit vendor.buyboard.com and click"Register/Login/Submit Proposal" button shown below to submit your proposal online. Register/LagiWSubmlt Proposal • For additional assistance click this link'View our Proposal Submission Instructions. New Vendor?Visit vendor.buyboard.com and click"Register/Login/Submit Proposal." Click Register now as a new supplier/vendor, so you don't miss future proposal opportunities. Any Addenda issued with this proposal will also be placed on the website, and it will be the vendor's responsibility to obtain the information. Page 2 of 19 pages Vendor:Elliott Electric Supply 657-21