HomeMy WebLinkAboutContract 56204 CSC No. 56204
FORT WORTH
CITY OF FORT WORTH
COOPERATIVE PURCHASE AGREEMENT
This Cooperative Purchase Agreement ("Agreement") is entered into by and between Binswanger
Enterprises, LLC ("Vendor") and the City of Fort Worth, ("City"), a Texas home rule municipality.
The Cooperative Purchase Agreement includes the following documents which shall be construed in the
order of precedence in which they are listed:
1. This Cooperative Purchase Agreement;
2. Exhibit A— Seller's Quote, Scope of Services or Purchase Order;
3. Exhibit B—Cooperative Agency Contract(e.g.,NJPA, DIR, BuyBoard); and
4. Exhibit C—Conflict of Interest Questionnaire.
Exhibits A, B, and C which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes. Vendor agrees to provide City with the services and goods included in
Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all
exhibits thereto.
City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with
the provisions of this Agreement. Total payment made under this Agreement for the first year by City
shall be in the amount of One Hundred Thousand Dollars ($100,000]). Vendor shall not provide any
additional items or services or bill for expenses incurred for City not specified by this Agreement unless
City requests and approves in writing the additional costs for such services. City shall not be liable for
any additional expenses of Vendor not specified by this Agreement unless City first approves such
expenses in writing.
The term of this Agreement shall be for one year beginning on August 5, 2021 and ending on
August 31,2022. City shall be able to renew this agreement for 0(no renewals)one-year renewal options
by written agreement of the parties.
Vendor agrees that City shall,until the expiration of three(3)years after final payment under this
Agreement, or the final conclusion of any audit commenced during the said three years, have access to
and the right to examine at reasonable times any directly pertinent books,documents,papers and records,
including, but not limited to, all electronic records, of Vendor involving transactions relating to this
Agreement at no additional cost to City. Vendor agrees that City shall have access during normal
working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor
reasonable advance notice of intended audits.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined
to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3)
received by the other party by United States Mail, registered, return receipt requested, addressed as
follows:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
To CITY: To VENDOR:
City of Fort Worth Binswanger Enterprises, LLC dba Binswanger
Attn: Dana Burghdoff, Assistant City Manager Glass
200 Texas Street Janie Wolfinbarger
Fort Worth, TX 76102-6314 965 Ridge Lake Blvd., Suite 305
Facsimile: (817) 392-8654 Memphis, TN 38125
Facsimile: 901-761-3254
With copy to Fort Worth City Attorney's Office
at same address
The undersigned represents and warrants that he or she has the power and authority to execute this
Agreement and bind the respective Vendor.
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
b L5=L� By signing I acknowledge that I am the person
By: Dana Burghdoff(A g23,20 14:55CDT) responsible for the monitoring and administration
Name: Dana Burghdoff of this contract,including ensuring all performance
Title: Assistant City Manager and reporting requirements.
Date: Aug 23,2021
AGg`I/�
APPROVAL RECOMMENDED: By: Alan H.Shuror(Aug 23,202112:27 CDT)
Name: Alan Shuror
Title: Assistant Director,General Services
�J
By: Stev�(Aug 23,202114:18CDT) APPROVED AS TO FORM AND LEGALITY:
Name: Steve Cooke
Title: Property Management Director
C'� a OR' as
ATTEST: a OSoo 00o Q kOa� By. TaylorP is(Aug 2Y3`202114:41 CDT)
G�o o oo'Add
v o o.�p Name: TaylorC. Paris
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�v o o=a Title: Assistant City Attorney
dP� o o*Y
By: � aaa�nEX ASoAper
CONTRACT AUTHORIZATION:
Name: Ronald Gonzales M&C: N/A
Title: City Secretary
VENDOR:
Binswanger Enterprises, LLC dba Binswanger
Glass
By:
Name
Title: Director of National Accounts OFFICIAL RECORD
Date: 8/17/2021 CITY SECRETARY
FT. WORTH, TX
EXHIBIT A- SELLER'S QUOTE
See next pages
10,
PRICING EXHIBIT
RCSP j%03Trades, Labor and Materials (JOC)
There is additional information in the RCSP document on R5 Means. You may go to the RS Means website to
learn more about this price book. https:Ewww.rsmeans.com
The RS Means Price Book is adjusted for different geographic areas by using a City Cost Index multiplier for
each location. This is in the definitions section of the RCSP document. Example:The current Dallas' City Cost
index is 86.91 and it is included in the sample calculation below.
EXAMPLE:
Unit Price Book cost $100.00
City Cost Index (Dallas) .869
Contractor Coefficient .95
Formula (UPB)x(City Cost Index)x (Contractor Coefficient)
Cost To TIPS Member ($100.00) x (.869)x(.95)=$82.555
TIPS Fee ($82.555)x(.02) =$1.6511
Net To Contractor {$82,555)—($1.6511) =$80.90
Please enter the coefficient you propose to apply to the RS Means Price Book Pre-Priced Tasks for all divisions.
RS Means(Ali Divisions) 1 Regular Hours Multiplier Coefficient 1.5 After Hours Multiplier Coefficient
** Any regular hours coefficient of 1.5 or greater will receive 0 points for the pricing criterion.
Please list the geographic markets where you are licensed,and desire to perform work. You may select
national coverage or states. Check the appropriate box below:
I
❑ National Coverage
® Stages—List the abbreviation of each desired state in the space below. (Example:AR, MO,TX, Etc.)
AR CO CT GA KS LA MO NE NC OK SC TN TX VA
Nan-Pre-Priced Markup 52
y.
Nan-pre-priced line items are items not found in the Unit Price Book. Enter in the blank above your
percentage markup that includes overhead and profit.
Contractor Name Blnswanger Glass Enterprises
Authorized Representative Name T t_.— I
Authorized Representative Signature
Date 7, 1
Page 1 of 1
i
i
G15swan&sr
Binswanger Glass Company
Hourly Wage Rates
Glass and Glazing
(Non-Union)
07.15.2019
Service Area 30 mile radius of responding branch
Regular time $95.00 per hour (Monday— Friday 8AM -- 5PM)
minimum two hours
Overtime $142.50 per hour (Monday-Friday 5PM — 8AM)
If already on job or prescheduled weekend work
Emergency Service Emergency call outs—
Monday thru Saturday—$550.00
Includes Labor& 1/4 Plate or Laminated Standard Color
Glass Up to Door Plate size or 17 Sq.ft.
Sundays and Holidays—$675.00 Includes Labor& 1/4 Plate
or Laminated Standard Color Glass Up to Door Plate Size or
17 Sq. FT.
1/4" Clear Annealed $ 13.45 per Square Foot
114" Bronze Annealed $ 15.90 per Square Foot
All pricing is list price. Discounts are relevant to area we cover as well as quantity and scope of
work. Please contact us for discounts on any order you may have.
More information is available on request or at our web site www.BinswangerGlass.com
GliU
W, . .
Binswanger Glass
National Account Pricing
Tabletop 1 Edgework
07.15.2019
Flat polish $ 0.60 cents per inch straight edge
$ 1 .15 per inch shapes
Pencil Polish $ 0.75 cents per inch straight edge
$ 1.25 cents per inch shapes
Beveled $ 1.45 cents per inch straight edge
$ 1.95 cents per inch shapes
Holes $ 34.00 each
114" Clear Annealed $ 10.45 per Square Foot
114" Bronze Annealed $ 12.90 per Square Foot
Set up fee $ 37.00 minimum
All pricing is list price. Discounts are relevant to area we cover as well as quantity and scope of
work. Please contact us for discounts on any order you may have.
More information is available on request or at our web site www.BinswangerGlass.com
G15s""s'*r
Binswanger Glass Company
Auto Glass Pricing
07.15.2019
Alf Windshields (NAGS parts) 55% off current NAGS
All tempered (NAGS parts) 55% off current NAGS
Labor $35.00 per NAGS hour
(Not to exceed $100 per part)
Kit $20.00
Windshield repair 60.00 first repair; $15 each additional repair to
same glass
Current Nags List Price is published by:
National Glass Specifications
6220 Greenwich Drive
San Diego, California 92122
800-551-4012
August 16, 2021
Heavy Equipment and Specialty Parts (not included above) Call for discounted quote.
Original equipment parts with price of 5% off Dealer List
All pricing is list price. Discounts are relevant to area we cover as well as quantity and scope of
work. Please contact us for discounts on any order you may have.
More information is available on request or at our web site www_BinswangerGlass.com .
EXHIBIT B —COOPERATIVE AGENCY CONTRACT
See next Pages
TIPS VENDOR AGREEMENT
d6G.
Between A—and
(Company Name)
THE INTERLOCAL PURCHASING SYSTEM (TIPS),
a Department of Texas Education Service Center Region 8
for
T[PS RFP 190603 Glass, Services, Break Repair, Replacement and Miscellaneous Glass
General Information
The Vendor Agreement("Agreement")made and entered into by and between The InterlocaI
Purchasing System{hereinafter referred to as`71PS"respectfully}a government cooperative
purchasing program authorized by the Region 8 Education Service Center,having its principal place
of business at 4845 US Hwy 271 North,Pittsburg,Texas 75686.This Agreement consists of the
provisions set forth below,including provisions of all Attachments referenced herein. In the event of
a conflict between the provisions set forth below and those contained in any Attachment,the
provisions set forth shall control unless otherwise agreed by the parties in writing and by signature
and date on the attachment.
The vendor Agreement shall include and incorporate by reference this Agreement,the terms and
conditions,special terms and conditions,any agreed upon amendments,as well as all of the sections
of the solicitation as posted,including any addenda and the awarded vendor's proposal.Once
signed, if an awarded vendor's proposal varies or is unclear in any way from the TIPS Agreement,
TIPS,at its sole discretion,will decide which provision will prevail unless otherwise specifically
agreed in writing by the parties.
A Purchase Order, Agreement or Contract is the TIPS Member's approval providing the
authority to proceed with the negotiated delivery order under the Agreement. Special terms
and conditions as agreed to between the vendor and TIPS Member should be added as
addendums to the Purchase Order,Agreement or Contract. Items such as certificate of
insurance, bonding requirements,small or disadvantaged business goals are some of the
addendums possible.
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Terms and Conditions
Freight
All quotes to members shall provide a line item for cost for freight or shipping regardless if
there is a charge or not. If no charge for freight or shipping, indicate by stating"No Charge"or
'U", "included in price" or other similar indication. Otherwise,all shipping,freight or delivery
changes shall be passed through to the TIPS Member at cost with no markup and said charges
shall be agreed by the TIPS Member.
Warranty Conditions
All new supplies equipment and services shall include manufacturer's minimum standard
warrangy unless otherwise agreed to in writing.Vendor shall be legally permitted to sell all
products offered for sale to TIPS Members.All goods proposed and sold shall be new unless
clearly stated in writing.
Customer Support
The Vendor shall provide timely and accurate customer support for orders to TIPS Members as
agreed by the Parties.Vendors shall respond to such requests within a commercially reasonable
time after receipt of the request. If support and/or training is a line item sold or packaged with a
sale, support shall be as agreed with the TIPS Member.
Agreements
Agreements for purchase will normally be put into effect by means of a purchase order(s)
executed by authorized agents of the TIPS Member participating government entities, but
other means of placing an order may be used at the Member's discretion.
Tax exempt status
Most TIPS Members are tax exempt and the related laws and/or regulations of the controlling
jurisdiction(s) of the TIPS Member shall apply.
Assignments of Agreements
No assignment of Agreement may be made without the prior notification of TIPS.
Written approval of TIPS shall not be unreasonably withheld. Payment for delivered
goods and services can only be made to the awarded Vendor, Vendor designated
reseller or vendor assigned company.
Disclosures
1. Vendor and TIPS affirms that he/she or any authorized employees or agents has not
given,offered to give, nor intends to give at any time hereafter any economic
opportunity,future employment,gift, loan,gratuity, special discount,trip,favor or
service to a public servant in connection with this Agreement.
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2. Vendor shall attach, in writing,a complete description of any and all relationships that
might be considered a conflict of interest in doing business with the TIPS program.
3. The Vendor affirms that, to the best of his/her knowledge, the offer has been arrived at
independently, and is submitted without collusion with anyone to obtain information or
gain any favoritism that would in any way limit competition or give an unfair advantage
over other vendors in the award of this Agreement.
Renewal of Agreements
The Agreement with TIPS is for three(3) years with an option for renewal for an additional one
(1) consecutive year if both parties agree.TIPS may or may not exercise the one.year extension
beyond the base three year term and whether or not to offer the extension is at the sole discretion
of TIPS.The scheduled Agreement termination date shall be the last date of the
month of the last month of the agreement's legal effect. Example:If the agreement is
scheduled to end on May 23, the anniversary date of the award, it would actually be extended to
May 31 in the lost month of the lost year the contract is active.
Automatic Renewal Clauses Incorporated in Awarded Vendor Agreements with TIPS
Members Resulting from the Solicitation and with the Vendor Named in this Agreement.
No Agreement for goods or services with a TIPS Member by the awarded vendor named in this
Agreement that results from the solicitation award named in this Agreement, may incorporate
an automatic renewal clause that exceeds month to month terms with which the TIPS Member must
comply. All renewal terms incorporated in an Agreement by the vendor with the TIPS Member
shall only be valid and enforceable when the vendor receives written confirmation by purchase
order, executed Agreement or other written instruction issued by the TIPS Member for any renewal
period. The purpose of this clause is to avoid a TIPS Member inadvertently renewing an Agreement
during a period in which the governing body of the TIPS Member has not properly appropriated and
budgeted the funds to satisfy the Agreement renewal. This term is not negotiable and any Agreement
between a TIPS Member and a TIPS awarded vendor with an automatic renewal clause that conflicts
with these terms is rendered void and unenforceable.
Shipments
The Vendor shall ship, deliver or provide ordered products or services within a commercially
reasonable time after the receipt of the order from the TIPS Member. If a delay in said delivery
is anticipated, the Vendor shall notify TIPS Member as to why delivery is delayed and shall
provide an estimated time for completion of the order.TIPS or the requesting entity may cancel
the order if estimated delivery time is not acceptable or not as agreed.
Invoices
The awarded vendor shall submit invoices or payment requests to the TIPS Member
participating entity clearly stating "Per TIPS Agreement#xxxxxxx or similarly identifying the
Agreement. Each invoice or pay request shall include the TIPS Member's purchase order
number or other identifying designation as provided in the order by the TIPS Member. If
applicable, the shipment tracking number or pertinent information for verification of TIPS
Member receipt shall be made available upon request.
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Payments
The TIPS Member will make payments directly to the Vendor or vendor assigned dealer after
receiving invoice or in compliance with applicable statute,whichever is the greater time or as
otherwise provided by an agreement of the parties.
Pricing
Price increases will be honored according to the terms of the solicitation. All pricing submitted
to TIPS shall include the participation fee, as provided in the solicitation, to be remitted to TIPS
by the Vendor. Vendor will not show adding the fee to the invoice presented to TIPS Member
customer. Failure to render the participation fee to TIPS shall constitute a breach of this
agreement and shall be grounds for termination of this agreement and any other agreement
held with TIPS.
Participation Fees
The Participation Fee that was published as part of the Solicitation and the fee published is the
legally effective fee, along with any Fee conditions stated in the RFP. Collection of the fees by
TIPS is required under Texas Government Code §791.011 Et seq.Vendor or vendor assigned
dealer Agreements to pay the participation fee for all Agreement sales to TIPS on a monthly
scheduled report or as otherwise agreed by the parties.Vendor must login to the TIPS
database and use the"Submission Report" section to report sales. The Vendor or vendor
assigned dealers are responsible for keeping record of all sales that go through the TIPS
Agreement and submitting same to TIPS.
Failure to pay the participation fee will result in termination of Agreement and possible legal
action. Please contact TIPS at tips@tips-usa.com or call (866) 839-8477 if you have questions
about paying fees.
Indemnity
The Vendor agrees to indemnify and hold harmless and defend TIPS,TIPS Member(s),officers
and employees from and against all claims and suits by third parties for damages, injuries to
persons(including death), property damages, losses, and expenses including court costs and
reasonable attorney's fees, arising out of, or resulting from,Vendor's work under this
Agreement, including all such causes of action based upon common,constitutional, or
statutory law, or based in whole or in part, upon allegations of negligent or intentional acts on
the part of the Vendor, its officers, employees, agents,subcontractors,licensees,or invitees.
Parties found liable shall pay their proportionate share of damages as agreed by the parties or
as ordered by a court of competent jurisdiction aver the case. NO LIMITATION OF LIABILITY
FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE PERMITTED OR AGREED
BY TIPS E5C Region B. Per Texas Education Code §44.032(f), and pursuant to its requirements
only, reasonable Attorney's fees are recoverable by the prevailing party in any dispute
resulting in litigation.
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State of Texas Franchise Tax
By signature hereon,the bidder hereby certifies that he/she is not currently delinquent in
the payment of any franchise taxes owed the State of Texas under Chapter 171,Tax Code.
Miscellaneous
The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS
sole discretion and that any Vendor may be removed frorn the participation in the Program
at any time with or without cause. Nothing in the Agreement or in any other communication
between TIPS and the Vendor may be construed as a guarantee that TIPS ❑r TIPS Members
will submit any orders at any time.TIPS reserves the right to request additional proposals for
items or services already on Agreement at any time.
Purchase Order Pricing/Product Deviation
If a deviation of pricing/product on a purchase order or contract modification occurs,TIPS is to
be notified within 48 hours of receipt of order.
Termination for Convenience
TIPS reserves the right to terminate this agreement for cause or no cause for convenience with
a thirty-day written notice.Termination for convenience is required under Federal Regulations
2 CFR part 200 if the customer is using fedral funds for the procurement.All purchase orders
presented to the Vendor by a TIPS Member prior to the actual termination of this agreement
shall be honored at the option of the TIPS Member.The awarded vendor may terminate the
agreement with ninety(90) days prior written notice to TIPS 4845 US Hwy Forth, Pittsburg,Texas
75686. The vendor will be paid for goods and services delivered prior to the termination
provided that the goods and services were delivered in accordance with the terms and
conditions of the terminated agreement.
TIPS Member Purchasing Procedures
Purchase orders or their equal are issued by participating TIPS Member to the awarded vendor
and should indicate on the order that the purchase is per the applicable TIPS Agreement
number. Orders are typically emailed to TIPS at tipspo@tips-usa.com.
■ Awarded vendor delivers goods/services directly to the participating member.
Awarded vendor invoices the participating TIPS Member directly.
Awarded vendor receives payment directly from the participating member.
Awarded vendor reports sales monthly to TIPS (unless prior arrangements have been
made with TIPS for an alternative submission schedule).
Licenses
Awarded vendor shall maintain in current status all federal,state and local licenses, bonds and
permits required for the operation of the business conducted by awarded vendor.Awarded
vendor shall remain fully informed of and in compliance with all ordinances and regulations
pertaining to the lawful provision of goods or services under the Agreement.TIPS and TIS
Members reserves the right to stop work and/or cancel Agreement of any awarded vendor
whose license(s)expire, lapse, are suspended or terminated subject to a 30-day cure period
unless prohibited by applicable statue or regulation.
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Novation
If awarded vendor sells or transfers all assets or the entire portion of the assets used to
perform this Agreement,a successor in interest must guarantee to perform all obligations
under this Agreement. A simple change of name agreement will not change the Agreement
obligations of awarded vendor.TIPS will consider Contract Assignments on a case by case basis.
Site Requirements(only when applicable to service or job)
Cleanup: Awarded vendor shall clean up and remove all debris and rubbish resulting from their
work as required or directed by TIPS Member. Upon completion of work, the premises shall be
left in good repair and an orderly, neat, clean and unobstructed condition.
Preparation:Awarded vendor shall not begin a project for which TIPS Member has not
prepared the site, unless awarded vendor does the preparation work at no cost, or until TIPS
Member includes the cost of site preparation in a purchase order.
Site preparation includes, but is not limited to: moving furniture, installing wiring for networks
or power, and similar pre-installation requirements.
Registered sex offender restrictions: For work to be performed at schools, awarded vendor
agrees that no employee of a sub-contractor who has been adjudicated to be a registered sex
offender will perform work at any time when students are,or reasonably expected to be,
present.Awarded vendor agrees that a violation of this condition shall be considered a material
breach and may result in the cancellation of the purchase order at the TIPS Member's
discretion.
Awarded vendor must identify any additional costs associated with compliance of this term. If
no costs are specified, compliance with this term will be provided at no additional charge.
Safety measures: Awarded vendor shall take all reasonable precautions for the safety of
employees on the worksite, and shall erect and properly maintain all necessary safeguards for
protection of workers and the public.Awarded vendor shall post warning signs against all
hazards created by the operation and work in progress. Proper precautions shall be taken
pursuant to state law and standard practices to protect workers,general public and existing
structures from injury or damage.
Smoking
Persons working under Agreement shall adhere to the TIPS Member's or local smoking
statutes, codes or policies.
Marketing
Awarded vendor agrees to allow TIPS to use their name and logo within TIPS website,
marketing materials and advertisement subject to any reasonable restrictions provided to TIPS
1n the Proposal to the Solicitation. The Vendor may submit an acceptable use directive for Vendor's
names and logos whit which TIPS agrees to comply. Any use of TIPS name and logo or any form of
publicity, inclusive of press release, regarding this Agreement by awarded vendor must have
prior approval from TIPS which will not be unreasonably withheld. Request may be made by
email to TIPS@TI PS-USA.COM .
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Supplemental agreements
The TIPS Member entity participating in the TIPS Agreement and awarded vendor may enter into
a separate supplemental agreement or contract to further define the level of service
requirements over and above the minimum defined in this Agreement i.e. invoice requirements,
ordering requirements, specialized delivery,etc.Any supplemental agreement or contract
developed as a result of this Agreement is exclusively between the participating entity and
awarded vendor.TIPS, its agents,TIPS Members and employees shall not be made party to any
claim for breach of such agreement unless named and agreed by the Party in question in writing
in the agreement. If a vendor submitting a Proposal requires TIPS and/or TIPS Member to sign an
additional agreement, those agreements shall comply with the award made by TIPS to the
Vendor. Supplemental Vendor's Agreement documents may not become part of TIPS's
Agreement with vendor unless and until an authorized representative of TIPS reviews and
approves it. TIPS permits TIPS Members to negotiate additional terms and conditions with the
Vendor for the provision of goods or services under the Vendor's TIPS Agreement.
Survival Clause
All applicable agreements, contracts,software license agreements,warranties or service
agreements that were entered into between Vendor and TIPS or the TIPS Member Customer
under the terms and conditions of this Agreement shall survive the expiration or termination of
this Agreement.All Orders, Purchase Orders issued or contracts executed by TIPS or a TIPS
Member and accepted by the Vendor prior to the expiration or termination of this agreement,
shall survive expiration or termination of the Agreement, subject to previously agreed terms and
conditions agreed by the parties or as otherwise specified herein relating to termination of this
agreement.
Legal obligations
It is the responding vendor's responsibility to be aware of and comply with all local, state and
federal laws governing the sale of products/services identified in this Solicitation and any
awarded Agreement thereof.Applicable laws and regulations must be followed even if not
specifically identified herein.
Audit rights
Due to transparency statutes and public accountability requirements of TIPS and TIPS
Members',the awarded Vendor shall, at their sole expense, maintain appropriate due diligence
of all purchases made by TIPS Member that utilizes this Agreement.TIPS and Region 8 ESC each
reserve the right to audit the accounting of TIPS related purchases for a period of three (3)
years from the time such purchases are made.This audit right shall survive termination of this
Agreement for a period of one (1)year from the effective date of termination. In order to
ensure and confirm compliance with this agreement,TIPS shall have authority to conduct audits
of Awarded Vendor's pricing that is offered to TIPS Members with 30 days' notice unless the
audit is ordered by a Court Order or by a Government Agency with authority to do so without
notice. Notwithstanding the foregoing, in the event that TIPS is made aware of any pricing
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being offered to eligible entities that is materially inconsistent with the pricing under this
agreement,TIPS shall have the ability to conduct the audit internally or may engage a third-
party auditing firm to investigate any possible non-complying conduct or may terminate the
Agreement according to the terms of this Agreement. In the event of an audit,the requested
materials shall be reasonably provided in the time,format and at the location acceptable to
Region 8 ESC or TIPS.
Force Majeure
If by reason of Force Majeure,either party hereto shall be rendered unable wholly or in part to
carry out its obligations under this Agreement then such party shall give notice and fully
particulars of Force Majeure in writing to the other party within a reasonable time after
occurrence of the event or cause relied upon, and the obligation of the party giving such notice,
so far as it is affected by such Force Majeure,shall be suspended during the continuance of the
inability then claimed,except as hereinafter provided, but for no longer period, and such party
shall endeavor to remove or overcome such inability with all reasonable dispatch.
Project Delivery Order Procedures
The TIPS Member having approved and signed an interlocal agreement,or other TIPS
Membership document,may make a request of the awarded vendor under this Agreement
when the TIPS Member desires goods or services awarded to the Vendor. Notification may
occur via phone,the web, courier, email,fax, or in person. Upon notification of a pending
request,the awarded vendor shall acknowledge the TIPS M ern ber's request as soon as
possible, but must make contact with the TIPS Member within two working days.
Status of TIPS Members as Related to This Agreement
TIPS Members stand in the place of TIPS as related to this agreement and have the same
access to the proposal information and all related documents. TIPS Members have all the
same rights under the awarded Agreement as TIPS.
Vendor's Resellers as Related to This Agreement
Vendor's Named Resellers under this Agreement shall comply with all terms and conditions of
this agreement and all addenda or incorporated documents. All actions related to sales by
Authorized Vendor's Resellers under this Agreement are the responsibility of the Awarded
Vendor.
Support Requirements
If there is a dispute between the awarded vendor and TIPS Member,TIPS or its representatives
will assist in conflict resolution or third party if requested by either party.TIPS,or its
representatives,reserves the right to inspect any project and audit the awarded vendors TIPS
project files,documentation and correspondence related to the requesting Member's order. If
there are confidentiality requirements by either party,TIPS shall comply to the extent
permitted by law.
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incorporation of Solicitation
The TIPS Solicitation, whether a Request for Proposals,the Request for Competitive Sealed
Proposals or Request for Qualifications solicitation, or other, the Vendor's response to same
and all associated documents and forms made part of the solicitation process, including any
addenda,that resulted in the execution of this agreement are hereby incorporated by
reference into this agreement as if copied verbatim.
SECTION HEADERS OR TITLES
THE SECTON HEADERS OR TITLES WITHIN THIS DOCUMENT ARE MERELY GUIDES FOR
CONVENIENCE AND ARE NOT FOR CLASSIFICATION OR LIMITING OF THE RESPONSIBILITES OF
THE PARTIES TO THIS DOCUMENT,
NEW STATUTORY REQUIREMENT EFFECTIVE SEPTEMBER 1, 2017.
Texas governmental entities are prohibited from doing business with companies that fail to
certify to this condition as required by Texas Government Code Sec. 2270.
By executing this agreement, you certify that you are authorized to bind the undersigned
Vendor and that your company (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the Agreement.
You certify that your company is not listed on and we do not do business with companies that
are on the Texas Comptroller of Public Accounts list of Designated Foreign Terrorists
Organizations per Texas Gov't Code 2 270.0 15 3 found at
https://comptroller.texas.gov/pu rchasing/docs/foreign-terrorist.pdf
You certify that if the certified statements above become untrue at any time during the life of
this Agreement that the Vendor will notify TIPS within 1 business day of the change by a letter
on your letterhead from an authorized representative of the Vendor stating the non-
compliance decision and the TIPS Agreement number and description at:
Attention:General Counsel
ESC Region 8/The interlocal Purchasing System (TIPS)
4845 Highway 271 North
Pittsburg,TX,75685
And by an email sent to bids@tips-usa.com
Insurance Requirements
The undersigned Vendor agrees to maintain the below minimum insurance requirements for
TIPS Contract Holders.
General Liability $1,000,000 each Occurrence/Aggregate
Automobile Liability $300,000 Includes owned, hired& non-owned
Workers' Compensation Statutory limits
Umbrella Liability $1,000,000
When the contractor or its subcontractors are liable for any damages or claims, the contractors'
Non-JOC Vendor Agreement
Ver,05052019.rp
Page 9
policy,when the Vendor is responsible for the claim, must be primary over any other valid and
collectible insurance carried by the District. Any immunity available to TIPS or TIPS Members
shall not be used as a defense by the contractor's insurance policy. The Coverages and limits are
to be considered minimum requirements and in no way limit the liability of the Contractor(s).
Insurance shall be written by a carrier with an A-;VI or better rating in accordance with current
A.M. Best Key Rating Guide. Only deductibles applicable to property damage are acceptable.
"Claims made" policies will not be accepted. Vendor's required minimum coverage shall not be
suspended,voided, cancelled, non-renewed or reduced in coverage or in limits unless replaced
by a policy that provides the minimum required coverage except after thirty(301 days prior
written notice by certified mail, return receipt requested has been given to TIPS or the TIPS
Member if a project or pending delivery of an order is ongoing. Upon request, certified copies
of all insurance policies shall be furnished to the TIPS or the TIPS Member.
Special Terms ang. Conditions
Agreements: All vendor orders received form TIPS Members must be emailed to TIPS
at tipspo@tips-usa.com.Should a TIPS Member send an order direct to vendor, it is the
vendor's responsibility to forward a copy of the order to TIPS at the email above within
3 business days and confirm its receipt with TIPS.
• Vendor Encouraigine Members to bypass TIPS agreement: Encouraging entities to
purchase directly from the Vendor or through another agreement, when the Member
has reg uested u s i ng the TIPS coo perative A reement or price and thereby bypassing
the TIPS Agreement is a violation of the terms and conditions of this Agreement and will
result in removal of the Vendor from the TIPS Program.
• Order Confirmation:All TIPS Member Agreement purchase orders are approved daily by
TIPS and sent to vendor. The vendor should confirm receipt of orders to the TIPS
Member (customer)within 3 business days.
• Vendor custom website for TIPS: If Vendor is hosting a custom TIPS website,
updated pricing when effective.TIPS shall be notified when prices change in
accordance with the award.
Back Ordered Products: If product is not expected to ship within the time provided
to the TIPS member by the Vendor,customer is to be notified within 3 business days
and appropriate action taken based on customer request.
Page 11 of 11 will be the TIPS Vendor Agreement Signature Page
Non-JOC Vendor Agreement
Ver.06052019.rp
Page 10
TIPS Vendor Agreement Signature Form
TIPS RFP 190603 Glass,Services, Break Repair, Replacement and Miscellaneous Glass
Company Name Binswanger Enterprises, LLC dba Binswanger Glass
Address 965 Ridge Lake Blvd., Suite 305
city Memphis State TN zip 38125
Phone 901 .537.8481 Fax 901 .761 .3254
Email of Authorized Representative glazing a@binswangerglass.corn
Name of Authorized Representative Janie Wolfinbarger
Title National Accounts 3rd Party Coordinator
Signature of Authorized Representative cha;'c /I /J,�'
Date 07,15.2019
TIPS Authorized Representative Name Meredith Barton
Title Chief Operating Officer ,l
TIPS Authorized Representative Signatur
Approved by ESC Region 40AS4 .
Date 9/24/19
Page 11 of 11
Adk
190603
Binswanger Glass
Supplier Response
Event Information
Number: 190603
Title: Glass, Services, Break Repair, Replacement and Miscellaneous
Glass
Type: Request for Proposal
Issue Date: 6/6/2019
Deadline: 8/30/2019 03:00 PM (CT)
Contact Information
Contact: Kristie Collins
Address: Region 8 Education Service Center
4845 US Highway 271 North
Pittsburg, TX 75686
Phone: +1 (866) 839-8477
Fax: +1 (866) 839-8472
Email: bids@tips-usa.com
Page 1 of 24 pages Vendor:Binswanger Glass 190603
Binswanger Glass Information
Address: 3313 McKinney St
Houston, TX 77003
Phone: (800) 365-9922
Toll Free: (800) 365-9922
By submitting your response, you certify that you are authorized to represent and bind your company.
Janie Wolfinbarger glazing @ binswangerglass.com
Signature Email
Submitted at 8/29/2019 4:20:31 PM
Requested Attachments
Vendor Agreement 6 190603 Vendor Agreement 2019.pdf
The vendor must download the Vendor Agreement from the attachment tab, fill in the requested information and uploa
d the completed agreement.
DO NOT UPLOAD encrypted or password protected files.
Agreement Signature Form 7 190603 Agreement Signature_Form 2019.pdf
If you have not taken exception or deviation to the agreement language in the solicitation attributes, download the AG
REEMENT SIGNATURE FORM from the "ATTACHMENTS" tab. This PDF document is a fillable form. Download the doc
ument to your computer, fill in the requested company information, print the file, SIGN the form, SCAN the completed a
nd signed AGREEMENT SIGNATURE FORM, and upload here.
If you have taken exception to any of the agreement language and noted the exception in the deviations section of the
attributes for the agreement, complete the AGREEMENT SIGNATURE FORM, but DO NOT SIGN until those deviations
have been negotiated and resolved with TIPS management. Upload the unsigned form here, because this is a require
d document.
Pricing Spreadsheet #1 5 PRICING_EXHIBIT_190603_2019.pdf
The vendor must download the PRICING SPREADSHEET SHEET from the attachment tab, fill in the requested informa
tion and upload the completed spreadsheet.
DO NOT UPLOAD encrypted or password protected files.
Pricing Spreadsheet #2 5a Binswanger Price list for TIPS 2019.docx
The vendor must download the PRICING SPREADSHEET SHEET from the attachment tab, fill in the requested informa
tion and upload the completed spreadsheet.
DO NOT UPLOAD encrypted or password protected files.
References 8 Reference—Form 2019.xls
The vendor must download the References spreadsheet from the attachment tab, fill in the requested information and
upload the completed spreadsheet. DO NOT UPLOAD encrypted or password protected files.
Proposed Goods and Services 15 Proposed Goods & Services 2019.pdf
Please upload one or more documents or sheets describing your offerings, line cards, catalogs, links to offerings OR li
st links to your offerings that illustrate the catalog of proposed lines of goods and or services you carry and offer unde
r this proposal. I does not have to be exhaustive but should, at a minimum tell us what you are offering. It could be as
simple as a sheet with your link to your online catalog of goods and services.
Page 2 of 24 pages Vendor:Binswanger Glass 190603
Resellers/Dealers - COMPLETE AND UPLOAD ONLY IF YOU HAVE 10 Reseller Dealers_Sheet 2019.xlsx
RESELLER OF YOUR GOODS OR SERVICES PROPOSED
If the PROPOSING vendor has resellers that will be selling for the vendor UNDER this contract, the vendor must down)
oad the Resellers/Dealers spreadsheet from the attachment tab, fill in the requested information and upload the compl
eted spreadsheet.
DO NOT UPLOAD encrypted or password protected files.
HUB Subcontracting Plan Form OPTIONAL 11 HUB_Subcontracting_Plan_Form_OPTIONAL 2019.pdf
Completion of the HUB Subcontracting Plan Form is OPTIONAL. THE FORM INFORMATION HAS NO EFFECT ON YO
UR EVALUATION SCORE. IT IS INFORMATIONAL ONLY. Some Texas State agencies and Universities require it be a p
art of the file when determining if they can use a TIPS contract. If you choose to complete one, it is not project specific
but the general plan the vendor would use. Complete it as best you can.
Vendor can download the HUB Subcontracting Plan Form from the "Attachments" tab and upload their HUB Subcontra
cting Plan Form.
D/M/WBE Certification OPTIONAL 13 CERTIFICATION OF CORPORATE OFFERER FORM 2019.pdf
D/M/WBE Certification documentation may be scanned and uploaded if you desire to claim your status as one of the i
dentified enterprises. (Disadvantaged Business Enterprise, Minority Business Enterprise and/or Woman Business Ent
erprise) If vendor has more than one certification scan into one document. (PDF Format ONLY)
DO NOT UPLOAD encrypted or password protected files.
HUB Certification OPTIONAL No response
HUB Certification documentation may be scanned and uploaded if you desire to document you status as a HUB compa
ny. (Historically Underutilized Business) (PDF Format ONLY)
DO NOT UPLOAD encrypted or password protected files.
Warranty No response
Warranty information (if applicable) must be scanned and uploaded. (PDF Format ONLY)
DO NOT UPLOAD encrypted or password protected files.
Supplementary No response
Supplementary information may be scanned and uploaded. (Company information, brochures, catalogs, etc.) (PDF Fo
rmat ONLY)
DO NOT UPLOAD encrypted or password protected files.
All Other Certificates No response
All Other Certificates (if applicable) must be scanned and uploaded. If vendor has more than one other certification sc
an into one document. (PDF Format ONLY)
DO NOT UPLOAD encrypted or password protected files.
Logo and Other Company Marks BG BIG.jpg
If you desire, please upload your company logo to be added to your individual profile page on the TIPS website. If any
particular specifications are required for use of your company logo, please upload that information under the Supplem
entary section or another non-required section under the "Response Attachment" tab. Preferred Logo Format: 300 x 2
25 px- .png, .eps, Jpeg preferred
Conflict of Interest Form CIQ- ONLY REQUIRED IF A CONFLICT EXISTS PER THE No response
INSTRUCTIONS
ONLY REQUIRED IF A CONFLICT EXISTS PER THE INSTRUCTIONS
Conflict of Interest Form for Vendors that are required to submit the form. The Conflict of Interest Form is included in t
he Base documents or can be found at https://www.tips-usa.com/assets/documents/docs/CIQ.pdf.
Certificate of Corporate Offerer - COMPLETE 13 CERTIFICATION OF CORPORATE OFFERER FORM 2019.pdf
ONLY IF OFFERER IS A CORPORATION
COMPLETE AND UPLOAD FORM IN ATTACHMENTS SECTION ONLY IF OFFERER IS A CORPORATION
Disclosure of Lobbying Activities Standard Form LLL No response
ONLY IF you answered "I HAVE Lobbied per above" to attribute #66, please download and complete and upload the St
andard Form-LLL, "disclosure Form to Report Lobbying," in the Response attachments section.
Page 3 of 24 pages Vendor:Binswanger Glass 190603
Confidentiality Form 9 CON FIDENTIALITY_CLAIM_FORM 2019.pdf
REQUIRED CONFIDENTIALITY FORM. Complete the form according to your company requirements, make any desire
d attachments and upload to the appropriate section under"Response Attachments" THIS FORM DETERMINES HOW
ESC8/TIPS RESPONDS TO LEGAL PUBLIC INFORMATION REQUESTS.
Response Attachments
1 Marketing Approach 2019.docx
Vo-Op Marketing Approach
2 Company Profile & Current TipsContract 170201 Reward Letter.pdf
Company Profile & Current TipsContract 170201 Reward Letter
2a BG Contractors License Numbers 08-12-19.pdf
BG Contractors License Numbers 08-12-19
3 Binswanger Location List - 2019.xlsx
Binswanger Location List- 2019
4 BG Surety Bonding Ltr 02-28-19.pdf
BG Surety Bonding Ltr 02-28-19
12 DISCLOSURE OF CONFLICT OF INTEREST FORM - 2019.pdf
DISCLOSURE OF CONFLICT OF INTEREST FORM -2019
14 Disclosure of Lobbying Activities Standard Form LLL Not Applicable 2019.pdf
Disclosure of Lobbying Activities Standard Form LLL Not Applicable 2019
Bid Attributes
1 Yes - No
Disadvantaged/Minority/Women Business Enterprise - D/M/WBE (Required by some participating governmental enti
ties) Vendor certifies that their firm is a D/M/WBE? Vendor must upload proof of certification to the "Response Attac
hments" D/M/WBE CERTIFICATES section.
NO
2 Yes - No
Historically Underutilized Business - HUB (Required by some
participating governmental entities) Vendor certifies that
their firm is a HUB as defined by the State of Texas at https:Hcomptroller.texas.gov/purchasing/vendor/hub/
or in a HUBZone as defined by the US Small Business Administration at https://www.sba.gov/offices/headquarters/oh
p
Proof of one or both may be submitted. Vendor must upload proof of certification to the "Response Attachments" HU
B CERTIFICATES section.
No
3 Yes - No
The Vendor can provide services and/or products to all 50 US States?
No
Page 4 of 24 pages Vendor:Binswanger Glass 190603
4 States Served:
If answer is NO to question #3, please list which states can be served. (Example: AR, OK, TX)
See attached Contractor Licenses by State
5 Company and/or Product Description:
This information will appear on the TIPS website in the company profile section, if awarded a TIPS contract. (Limit 7
50 characters.)
See attached Company Profile
6 Primary Contact Name
Primary Contact Name
See attached Company Profile
7 Primary Contact Title
Primary Contact Title
See attached Company Profile
8 Primary Contact Email
Primary Contact Email
See attached Company Profile
9 Primary Contact Phone
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
See attached Company Profile
1 Primary Contact Fax
U Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
See attached Company Profile
1 Primary Contact Mobile
1 Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
See attached Company Profile
1 Secondary Contact Name
2 Secondary Contact Name
See attached Company Profile
1 Secondary Contact Title
3 Secondary Contact Title
See attached Company Profile
1 Secondary Contact Email
4 Secondary Contact Email
See attached Company Profile
Page 5 of 24 pages Vendor:Binswanger Glass 190603
1 Secondary Contact Phone
5 Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
See attached Company Profile
1 Secondary Contact Fax
6 Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
See attached Company Profile
1 Secondary Contact Mobile
7 Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
See attached Company Profile
1 Admin Fee Contact Name
8 Admin Fee Contact Name. This person is responsible for paying the admin fee to TIPS.
See attached Company Profile
1 Admin Fee Contact Email
9 Admin Fee Contact Email
See attached Company Profile
2 Admin Fee Contact Phone
U Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
See attached Company Profile
2 Purchase Order Contact Name
1 Purchase Order Contact Name. This person is responsible for receiving Purchase Orders from TIPS.
See attached Company Profile
2 Purchase Order Contact Email
2 Purchase Order Contact Email
See attached Company Profile
2 Purchase Order Contact Phone
3 Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
See attached Company Profile
2 Company Website
4 Company Website (Format-www.company.com)
www.binswangerglass.com
2 Federal ID Number:
5 Federal ID Number also known as the Employer Identification Number. (Format- 12-3456789)
45-2494422
Page 6 of 24 pages Vendor:Binswanger Glass 190603
2 Primary Address
6 Primary Address
See attached Company Profile
2 Primary Address City
7 Primary Address City
See attached Company Profile
2 Primary Address State
8 Primary Address State (2 Digit Abbreviation)
See attached Company Profile
2 Primary Address Zip
9 Primary Address Zip
See attached Company Profile
3 Search Words:
U Please list search words to be posted in the TIPS database about your company that TIPS website users might sear
ch. Words may be product names, manufacturers, or other words associated with the category of award. YOU MAY
NOT LIST NON-CATEGORY ITEMS. (Limit 500 words) (Format: product, paper, construction, manufacturer name, et
c.)
Glass, Glazing, Windows, Storefronts, Aluminum Doors, Skylights, Curtainwall, Mirrors, Safety Laminated Glass, Se
curity Glass, Auto Glass, Shower Doors & Enclosures & 24 Hour Emergency Services
3 Do you want TIPS Members to be able to spend Federal grant funds with you if awarded? Is it your
1 intent to be able to sell to our members regardless of the fund source, whether it be local, state or
federal?
Most of our members receive Federal Government grants and they make up a significant portion of their budgets. T
he members need to know if your company is willing to sell to them when they spend federal budget funds on their p
urchase. There are attributes that follow that are provisions from the federal regulations in 2 CFR part 200. Your an
swers will determine if your award will be designated as Federal or Education Department General Administrative R
egulations (EDGAR)compliant.
Do you want TIPS Members to be able to spend Federal grant funds with you if awarded and is it your intent to be a
ble to sell to our members regardless of the fund source, whether it be local, state or federal?
Yes
Page 7 of 24 pages Vendor:Binswanger Glass 190603
3 Yes - No
2 Certification of Residency (Required by the State of Texas) The vendor's ultimate parent company or majority owner
(A) has its principal place of business in Texas;
R
(B) employs at least 500 persons in Texas?
Yes
3 Company Residence (City)
3 Vendor's principal place of business is in the city of?
3313 McKinney St., Houston TX 77003
3 Company Residence (State)
4 Vendor's principal place of business is in the state of?
Texas
3 Discount Offered -CAUTION READ CAREFULLY BECAUSE VENDORS FREQUENTLY MAKE MISTAKES
5 ON THIS ATTRIBUTE QUESTION
Remember this is a MINIMUM discount percentage so, be sure the discount percentage inserted here can be applie
d to ANY OFFERING OF GOODS OR SERVICES THROUGH OUT THE LIFE OF THE CONTRACT
CAUTION: BE CERTAIN YOU CAN HONOR THIS MINIMUM DISCOUNT PERCENTAGE ON ANY OFFERED SERVICE
OR GOOD.
What is the MINIMUM percentage discount off of any item or service you offer to TIPS Members that is in your regul
ar catalog (as defined in the RFP document), website, store or shelf pricing? The resulting price of any goods or se
rvices Catalog list prices after this discount is applied is a ceiling on your pricing and not a floor because, in order to
be more competitive in the individual circumstance, you may offer a larger discount depending on the items or servi
ces purchased and the quantity at time of sale. Must answer with a number between 0% and 100%.
0%
3 TIPS administration fee
6 B submitting a proposal, I agree that all pricing submitted to TIPS shall include the participation fee as designated
Y 9 p p , 9 p 9 p p 9
in the solicitation or as otherwise agreed in writing and shall be remitted to TIPS by the Vendor as agreed in the Ven
dor agreement. I agree that the fee shall not and will not be added by the vendor as a separate line item on a TIPS
member invoice, quote, proposal or any other written communications with the TIPS member.
3 Yes - No
7 Vendor agrees to remit to TIPS the required administration fee?
TIPS/ESC Region 8 is required by Texas Government Code § 791 to be compensated for its work and thus, failure t
o agree shall render your response void and it will not be considered.
Yes
Page 8 of 24 pages Vendor:Binswanger Glass 190603
3 Yes - No
8 Do you offer additional discounts to TIPS members for large order quantities or large scope of work?
Yes
3 Years Experience
9 Company years experience in this category? This is an evaluation criterion worth a maximum of 10 points. See RFP
for more information.
147
4 Resellers:
U Does the vendor have resellers that it will name under this contract? Resellers are defined as other companies that
sell your products under an agreement with you, the awarded vendor of TIPS.
EXAMPLE: BIGmart is a reseller of ACME brand televisions. If ACME were a TIPS awarded vendor, then ACME woul
d list BIGmart as a reseller.
(If applicable, vendor should download the Reseller/Dealers spreadsheet from the Attachments section, fill out the f
orm and submit the document in the "Response Attachments" RESELLERS section.
No
4 Pricing discount percentage are guaranteed for?
Does the vendor agrees to honor the proposed pricing discount percentage off regular catalog (as defined in the R
FP document), website, store or shelf pricing for the term of the award?
YES
4 Right of Refusal
2 Does the proposing vendor wish to reserve the right not to perform under the awarded agreement with a TIPS mem
ber at vendor's discretion?
Yes
4 NON-COLLUSIVE BIDDING CERTIFICATE
3 By submission of this bid or proposal, the Bidder certifies that:
1) This bid or proposal has been independently arrived at without collusion with any other Bidder or with any Compe
titor;
2) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of
bids, or proposals for this project, to any other Bidder, Competitor or potential competitor:
3) No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to s
ubmit a bid or proposal;
4) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the
statements contained in this certification, and under the penalties being applicable to the Bidder as well as to the pe
rson signing in its behalf.
Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered.
Page 9 of 24 pages Vendor:Binswanger Glass 190603
4 CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ - Do you have any CONFLICT OF INTEREST
4 TO REPORT OR DISCLOSE under this statutory requirement?
Do you have any CONFLICT OF INTEREST TO REPORT OR DISCLOSE under this statutory requirement?YES or
NO
If you have a conflict of interest as described in this form or the Local Government Code Chapter 176, cited therein-
you are required to complete and file with TIPS.
You may find the Blank CIQ form on our website at:
Copy and Paste the following link into a new browser or tab:
https://www.tips-usa.com/assets/documents/docs/CIQ.pdf
There is an optional upload for this form provided if you have a conflict and must file the form.
No
4 Filing of Form CIQ
5 If yes (above), have you filed a form CIQ by uploading the form to this RFP as directed above?
Yes
4 Regulatory Standing
6 1 certify to TIPS for the proposal attached that my company is in good standing with all governmental agencies Fede
rat or state that regulate any part of our business operations. If not, please explain in the next attribute question.
Yes
4 Regulatory Standing
7 Regulatory Standing explanation of no answer on previous question.
No response
4 Antitrust Certification Statements (Tex. Government Code § 2155.005)
8 By submission of this bid or proposal, the Bidder certifies that:
I affirm under penalty of perjury of the laws of the State of Texas that:
(1) 1 am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, pa
rtnership or individual (Company) listed below;
(2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the Tex
as Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15;
(3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law
(4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of t
his bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged i
n the same line of business as the Company.
Page 10 of 24 pages Vendor:Binswanger Glass 190603
4 Suspension or Debarment Instructions
9 Instructions for Certification:
1. By answering yes to the next Attribute question below, the vendor and prospective lower tier participant is providi
ng the certification set out herein in accordance with these instructions.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this trans
action was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an err
oneous certification in addition to other remedies available to the federal government, the department or agency wit
h which this transaction originated may pursue available remedies, including suspension and / or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal i
s submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submi
tted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participa
nts," "person," "primary covered transaction," "principal," "proposal' and "voluntarily excluded," as used in this claus
e, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 1254
9. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regula
tions.
5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transacti
on be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred
, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, unless authori
zed by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "C
ertification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction
" without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier cove
red transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, u
nless it knows that the certification is erroneous. A participant may decide the method and frequency by which it det
ermines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is not r
equired to exceed that which is normally possessed by a prudent person in the ordinary course of business dealing
S.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transacti
on knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible or vol
untarily excluded from participation in this transaction, in addition to other remedies available to the federal govern
ment, the department or agency with which this transaction originated may pursue available remedies, including sus
pension and / or debarment.
Page 11 of 24 pages Vendor:Binswanger Glass 190603
5 Suspension or Debarment Certification
U By answering yes, you certify that no federal suspension or debarment is in place, which would preclude receiving a
federally funded contract as described above.
Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must no
t be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accor
dance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Sus
pension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies,
as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
By answering yes, you certify that no federal suspension or debarment is in place, which would preclude receiving a
federally funded contract as described above.
Yes
5 Non-Discrimination Statement and Certification
In accordance with Federal civil rights law, all U.S. Departments, including the U.S. Department of Agriculture (USDA
) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating i
n or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion,
sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental
status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil right
s activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies a
nd complaint filing deadlines vary by program or incident.
Persons with disabilities who require alternative means of communication for program information (e.g., Braille, larg
e print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Cent
er at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additi
onally, program information may be made available in languages other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, fo
and online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to
USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form,
call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Offic
e of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fa
x: (202) 690-7442; or (3)
email: program.intake@usda.gov.
(Title VI of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discriminatio
n Act of 1975; Title 7 CFR Parts 15, 15a, and 15b; the Americans with Disabilities Act; and FNS Instruction 113-1, Ci
vil Rights Compliance and Enforcement— Nutrition Programs and Activities)
All U.S. Departments, including the USDA are equal opportunity provider, employer, and lender.
Not a negotiable term. Failure to agree by answering YES will render your proposal non-responsive and it will not be
considered. I certify that in the performance of a contract with TIPS or its members, that our company will conform to
the foregoing anti-discrimination statement and comply with the cited and all other applicable laws and regulations.
Yes
Page 12 of 24 pages Vendor:Binswanger Glass 190603
5 2 CFR PART 200 Contract Provisions Explanation
2 Required Federal contract provisions of Federal Regulations for Contracts for contracts with ESC Region 8 and TIP
S Members:
The following provisions are required to be in place and agreed if the procurement is funded in any part with federal
funds.
The ESC Region 8 and TIPS Members are the subgrantee or Subrecipient by definition. Most of the provisions are I
ocated in 2 CFR PART 200 -Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under F
ederal Awards at 2 CFR PART 200. Others are included within 2 CFR part 200 et al.
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-
Federal entity under the Federal award must contain provisions covering the following, as applicable.
5 2 CFR PART 200 Contracts
3 Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted
amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Co
uncils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances wh
ere contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
Notice: Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region
8 and TIPS Members reserves all rights and privileges under the applicable laws and regulations with respect to this
procurement in the event of breach of contract by either party.
Does vendor agree?
Yes
5 2 CFR PART 200 Termination
4 Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be eff
ected and the basis for settlement. (All contracts in excess of$10,000)
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and
TIPS Members reserves the right to terminate any agreement in excess
of$10,000 resulting from this procurement process for cause after giving the vendor an appropriate opportunity an
d up to 30 days, to cure the causal breach of terms and conditions. ESC Region 8 and
TIPS Members reserves the right to terminate any agreement in excess of$10,000 resulting from this procurement
process for convenience with 30 days notice in writing to the awarded vendor. The vendor
would be compensated for work performed and goods procured as of the termination date if for convenience of the
ESC Region 8 and TIPS Members. Any award under this procurement process is not exclusive and the ESC Region
8 and TIPS reserves the right to purchase goods and services from other vendors when it is in the best interest of t
he ESC Region 8 and TIPS.
Does vendor agree?
Yes
Page 13 of 24 pages Vendor:Binswanger Glass 190603
5 2 CFR PART 200 Clean Air Act
5 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amen
ded—Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Fe
deral award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air
Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violati
ons must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Age
ncy (EPA).
Pursuant to the Clean Air Act, et al above, when federal funds are expended by ESC Region 8 and TIPS Members,
ESC Region 8 and TIPS Members requires that the proposer certify that during the term of
an award by the ESC Region 8 and TIPS Members resulting from this procurement process the vendor agrees to co
mply with all of the above regulations, including all of the terms listed and referenced therein.
Does vendor agree?
Yes
5 2 CFR PART 200 Byrd Anti-Lobbying Amendment
6 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000
must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appro
priated funds to pay any person or organization for influencing or attempting to influence an officer or employee of
any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier mus
t also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award
. Such disclosures are forwarded from tier to tier up to the non-Federal award.
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and
TIPS Members requires the proposer certify that during the term and during the life of any contract with ESC Region
8 and TIPS Members resulting from this procurement process the vendor certifies to the terms included or referenc
ed herein.
Does vendor agree?
Yes
5 2 CFR PART 200 Federal Rule
7 Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42
U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental P
rotection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of$1
00,000)
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and
TIPS Members requires the proposer certify that in performance of the contracts, subcontracts, and subgrants of a
mounts in excess of$100,000, the vendor will be in compliance with all applicable standards, orders, or requirement
s issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C.
1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15).
Does vendor certify that it is in compliance with the Clean Air Act?
No endor mistakenly entered NO and meant to say yes. The official answer is YES Ri-
Page 14 of 24 pages Vendor:Binswanger Glass 190603
5 2 CFR PART 200 Procurement of Recovered Materials
8 A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must co
mply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery
Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental P
rotection 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 o
f the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management servi
ces in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement progra
m for procurement of recovered materials identified in the EPA guidelines.
Does vendor certify that it is in compliance with the Solid Waste Disposal Act as described above?
Yes
5 Certification Regarding Lobbying
9 Applicable to Grants, Subgrants, Cooperative Agreements, and Contracts Exceeding $100,000 in Federal Funds
Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by sectio
n 1352, Title 31, U.S. Code. This certification is a material representation of fact upon which reliance was placed wh
en this transaction was made or entered into. Any person who fails to file the required certification shall be subject t
o a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contr
act, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and th
e extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative ag
reement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of c
ongress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement,
the undersigned shall complete and submit Standard Form-LLL, "disclosure Form to Report Lobbying," in accordan
ce with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all c
overed subawards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certif
y and disclose accordingly.
I HAVE NOT Lobbied per above
6 If you answered "I HAVE lobbied per above to the previous question.
0 IF you answered "I HAVE lobbied" per above Attribute question, you must download the Lobbying Report "Standard
From LLL, disclosure Form to Report Lobbying"which includes instruction on completing the form, complete and su
bmit it in the Response Attachments section as a report of the lobbying activities you performed or paid others to pe
rfo rm.
Page 15 of 24 pages Vendor:Binswanger Glass 190603
6 Subcontracting with small and minority businesses, women's business enterprises, and labor surplus
1 area firms.
Do you ever anticipate the possibility of subcontracting any of your work under this award if you are successful?
IF NO, DO NOT ANSWER THE NEXT ATTRIBUTE QUESTION. . IF YES, and ONLY IF YES, you must answer the nex
t question YES if you want a TIPS Member to be authorized to spend Federal Grant Funds for Procurement.
NO
6 ONLY IF YES TO THE PREVIOUS QUESTION OR if you ever do subcontract any part of your
2 performance under the TIPS Agreement, do you agree to comply with the following federal
requirements?
ONLY IF YES TO THE PREVIOUS QUESTION OR if you ever do subcontract any part of your performance under th
e TIPS Agreement,
do you agree to comply with the following federal requirements?
Federal Regulation 2 CFR §200.321 Contracting with small and minority businesses, women's business enterprises,
and labor surplus area firms. (a)The non-Federal entity must take all necessary affirmative steps to assure that min
ority businesses, women's business enterprises, and labor surplus area firms are used when possible.
(b) Affirmative steps must include:(1) Placing qualified small and minority businesses and women's business enterpr
ises on solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are
potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum partic
ipation by small and minority businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and min
ority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration a
nd the Minority Business Development Agency of the Department of Commerce ; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs(1)
through (5) of this section.
No response
Page 16 of 24 pages Vendor:Binswanger Glass 190603
6 Indemnification
3 The ESC Region 8 and TIPS is a Texas Political Subdivision and a local governmental entity; therefore, is prohibited
from
indemnifying third parties pursuant to the Texas Constitution (Article 3, Section 52) except as specifically provided b
y law or as
ordered by a court of competent jurisdiction. A provision in a contract to indemnify or hold a party harmless is a pro
mise to pay for
any expenses the indemnified party incurs, if a specified event occurs, such as breaching the terms of the contract
or negligently
performing duties under the contract. Article III, Section 49 of the Texas Constitution states that "no debt shall be cre
ated by or on
behalf of the State ... " The Attorney General has counseled that a contractually imposed obligation of indemnity cre
ates a "debt" in
the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Contract clauses which require the System or insti
tutions to
indemnify must be deleted or qualified with "to the extent permitted by the Constitution and Laws of the State of Tex
as." Liquidated
damages, attorney's fees, waiver of vendor's liability, and waiver of statutes of limitations clauses should also be del
eted or qualified
with "to the extent permitted by the Constitution and laws of State of Texas."
Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. Do y
ou agree
to these terms?
Yes
6 Remedies
4 The parties shall be entitled to exercise any right or remedy available to it either at law or in equity, subject to the ch
oice of law, venue
and service of process clauses limitations agreed herein. Nothing in this agreement shall commit the TIPS to an arbi
tration resolution
of any disagreement under any circumstances. Any Claim arising out of or related to the Contract, except for those
specifically waived
under the terms of the Contract, may, after denial of the Board of Directors, be subject to mediation at the request o
f either party. Any
issues not resolved hereunder MAY be referred to non-binding mediation to be conducted by a mutually agreed up
on mediator as a
prerequisite to the filing of any lawsuit over such issue(s). The parties shall share the mediator's fee and any associ
ated filing fee
equally. Mediation shall be held in Camp or Titus County, Texas. Agreements reached in mediation shall be reduced
to writing, and
will be subject to the approval by the District's Board of Directors, signed by the Parties if approved by the Board of
Directors, and, if
signed, shall thereafter be enforceable as provided by the laws of the State of Texas.
Do you agree to these terms?
Yes, I Agree
6 Remedies Explanation of No Answer
5 No response
Page 17 of 24 pages Vendor:Binswanger Glass 190603
6 Choice of Law
6 The agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this
procurement process, however described, shall be governed by, construed and enforced in accordance with the law
s of the State of Texas, regardless of any conflict of laws principles.
THIS DOES NOT APPLY to a vendor's agreement entered into with a TIPS Member, as the Member may be located
outside Texas.
Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. Do y
ou agree to these terms?
Yes
6 Jurisdiction and Service of Process
7 Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting from
or any
contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of th
e parties
irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may no
w or hereafter
have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and de
termined only in
any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or an
y contract resulting
from or any contemplated transaction in any other court. The parties agree that either or both of them may file a co
py of this paragraph
with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the partie
s irrevocably to
waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first senten
ce of this Section
may be served on any party anywhere in the world. Venue clauses in contracts with TIPS members may be determin
ed by the parties.
Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. Do y
ou agree to these terms?
Yes
6 Infringement(s)
8 The successful vendor will be expected to indemnify and hold harmless the TIPS and its employees, officers, agents
, representatives, contractors, assignees and designees from any and all third party claims and judgments involving
infringement of patent, copyright, trade secrets, trade or service marks, and any other intellectual or intangible prop
erty rights attributed to or claims based on the Vendor's proposal or Vendor's performance of contracts awarded an
d approved.
Do you agree to these terms?
Yes, I Agree
6 Infringement(s) Explanation of No Answer
9 No response
7 Contract Governance
U Any contract made or entered into by the TIPS is subject to and is to be governed by Section 271.151 et seq, Tex L
oc Gov't Code. Otherwise, TIPS does not waive its governmental immunities from suit or liability except to the extent
expressly waived by other applicable laws in clear and unambiguous language.
Yes
Page 18 of 24 pages Vendor:Binswanger Glass 190603
7 Payment Terms and Funding Out Clause
Payment Terms:
TIPS or TIPS members shall not be liable for interest or late payment fees on past due balances at a rate higher tha
n permitted by the laws or regulations of the jurisdiction of the TIPS Member.
Funding Out Clause:
Vendor agrees to abide by the laws and regulations, including Texas Local Government Code § 271.903, or any sta
tutory or regulatory limitations of the jurisdiction of any TIPS Member which governs contracts entered into by the V
endor and TIPS or a TIPS Member that requires all contracts approved by TIPS or a TIPS Member are subject to th
e budgeting and appropriation of currently available funds by the entity or its governing body.
See statute(s) for specifics or consult your legal counsel.
Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered.
Do you agree to these terms?
Yes
7 Insurance and Fingerprint Requirements Information
2 Insurance
If applicable and your staff will be on TIPS member premises for delivery, training or installation etc. and/or with an a
utomobile, you must carry automobile insurance as required by law. You may be asked to
provide proof of insurance.
Fingerprint
It is possible that a vendor may be subject to Chapter 22 of the Texas Education Code. The Texas Education Code,
Chapter 22, Section 22.0834. Statutory language may be found at: http://w\Aw.statutes.legis.state.tx.us/
If the vendor has staff that meet both of these criterion:
(1) will have continuing duties related to the contracted services; and
(2) has or will have direct contact with students
Then you have "covered" employees for purposes of completing the attached form.
TIPS recommends all vendors consult their legal counsel for guidance in compliance with this law. If you have questi
ons on how to comply, see below. If you have questions on compliance with this code section, contact the Texas Dep
artment of Public Safety Non-Criminal Justice Unit, Access and Dissemination Bureau, FAST-FACT at
NCJU@txdps.state.tx.us and you should send an email identifying you as a contractor to a Texas Independent Scho
of District or ESC Region 8 and TIPS. Texas DPS phone number is (512) 424-2474.
See form in the next attribute to complete entitled:
Texas Education Code Chapter 22 Contractor Certification for Contractor Employees
Page 19 of 24 pages Vendor:Binswanger Glass 190603
7 Texas Education Code Chapter 22 Contractor Certification for Contractor Employees
3 Introduction: Texas Education Code Chapter 22 requires entities that contract with school districts to provide service
s to obtain criminal history record information regarding covered employees. Contractors must certify to the district t
hat they have complied. Covered employees with disqualifying criminal histories are prohibited from serving at a sch
ool district.
Definitions: Covered employees: Employees of a contractor or subcontractor who have or will have continuing dutie
s related to the service to be performed at the District and have or will have direct contact with students. The District
will be the final arbiter of what constitutes direct contact with students. Disqualifying criminal history: Any conviction
or other criminal history information designated by the District, or one of the following offenses, if at the time of the o
ffense, the victim was under 18 or enrolled in a public school:
(a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as
a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law
or the laws of another state.
I certify that:
NONE (Section A) of the employees of Contractor and any subcontractors are covered employees, as defined abo
ve. If this box is checked, I further certify that Contractor has taken precautions or imposed conditions to ensure tha
t the employees of Contractor and any subcontractor will not become covered employees. Contractor will maintain t
hese precautions or conditions throughout the time the contracted services are provided.
SOME (Section B) or all of the employees of Contractor and any subcontractor are covered employees. If this box
is checked, I further certify that:
(1) Contractor has obtained all required criminal history record information regarding its covered employees. None
of the covered employees has a disqualifying criminal history.
(2) If Contractor receives information that a covered employee subsequently has a reported criminal history, Contra
ctor will immediately remove the covered employee from contract duties and notify the District in writing within 3 busi
ness days.
(3) Upon request, Contractor will provide the District with the name and any other requested information of covered
employees so that the District may obtain criminal history record information on the covered employees.
(4) If the District objects to the assignment of a covered employee on the basis of the covered employee's criminal h
istory record information, Contractor agrees to discontinue using that covered employee to provide services at the
District.
Noncompliance or misrepresentation regarding this certification may be grounds for contract termination.
Some
Page 20 of 24 pages Vendor:Binswanger Glass 190603
7 Texas Business and Commerce Code § 272 Requirements as of 9-1-2017
4 SB 807 prohibits construction contracts to have provisions requiring the contract to be subject to the laws of anothe
r state, to be required to litigate the contract in another state, or to require arbitration in another state. A contract wit
h such provisions is voidable. Under this new statute, a "construction contract" includes contracts, subcontracts, or
agreements with (among others) architects, engineers, contractors, construction managers, equipment lessors, or
materials suppliers. "Construction contracts" are for the design, construction, alteration, renovation, remodeling, or
repair of any building or improvement to real property, or for furnishing materials or equipment for the project. The t
erm also includes moving, demolition, or excavation. BY RESPONDING TO THIS SOLICITATION,AND WHEN APPLI
CABLE, THE PROPOSER AGREES TO COMPLY WITH THE TEXAS BUSINESS AND COMMERCE CODE §272 WH
EN EXECUTING CONTRACTS WITH TIPS MEMBERS THAT ARE TEXAS GOVERNMENT ENTITIES.
7 Texas Government Code 2270 Verification Form
5 Texas Government Code 2270 Verification Form
Texas 2017 House Bill 89 has been signed into law by the governor and as of September 1, 2017 will be codified as
Texas Government Code § 2270 and 808 et seq.
The relevant section addressed by this form reads as follows:
Texas Government Code Sec. 2270.002. PROVISION REQUIRED IN CONTRACT. A governmental entity may not ent
er into a contract with a company for goods or services unless the contract contains a written verification from the c
ompany that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract.engaged by
ESC Region 8/The Interlocal Purchasing System (TIPS)
4845 Highway 271 North
Pittsburg,TX,75686
verify by this writing that the above-named company affirms that it (1) does not boycott Israel; and (2) will not boycot
t Israel during the term of this contract, or any contract with the above-named Texas governmental entity in the futur
e. I further affirm that if our company's position on this issue is reversed and this affirmation is no longer valid, that t
he above-named Texas governmental entity will be notified in writing within one (1) business day and we understand
that our company's failure to affirm and comply with the requirements of Texas Government Code 2270 et seq. shall
be grounds for immediate contract termination without penalty to the above-named Texas governmental entity.
AND
our company is not listed on and we do not do business with companies that are on the the Texas Comptroller of Pu
blic Accounts list of Designated Foreign Terrorists Organizations per Texas Gov't Code 2270.0153 found at https:Hc
omptroller.texas.gov/purchasing/docs/foreign-terrorist.pdf
I swear and affirm that the above is true and correct.
YES
Page 21 of 24 pages Vendor:Binswanger Glass 190603
7 Logos and other company marks
6 Please upload our company logo to be added to our individual profile page on the TIPS website. If an articular
p Y p Y 9 Y p p 9 Yp
specifications are required for use of your company logo, please upload that information under the "Logo and Other
Company Marks" section under the "Response Attachment" tab. Preferred Logo Format: 300 x 225 px- .png, .eps, .
jpeg preferred
Potential uses of company logo:
*Your Vendor Profile Page of TIPS website
* Potentially on TIPS website scroll bar for Top Performing Vendors
*TIPS Quarterly eNewsletter sent to TIPS Members
* Co-branding Flyers and or email blasts to our TIPS Members (Permission and approval will be obtained before pu
blishing)
7 Solicitation Deviation/Compliance
7 Does the vendor agree with the General Conditions Standard Terms and
Conditions or Item Specifications listed in this proposal invitation?
Yes
7 Solicitation Exceptions/Deviations Explanation
8 If the bidder intends to deviate from the General Conditions Standard Terms and Conditions or Item Specifications li
sted in this proposal invitation, all such deviations must be listed on this attribute, with complete and detailed conditi
ons and information included or attached.
TIPS will consider any deviations in its proposal award decisions, and TIPS reserves the right to accept or reject any
bid based upon any deviations indicated below or in any attachments or inclusions.
In the absence of any deviation entry on this attribute, the proposer assures TIPS of their full compliance with the St
andard Terms and Conditions, Item Specifications, and all other information contained in this Solicitation.
No response
7 Agreement Deviation/Compliance
9 Does the vendor agree with the language in the Vendor Agreement?
Yes
8 Agreement Exceptions/Deviations Explanation
U If the proposing Vendor desires to deviate form the Vendor Agreement language, all such deviations must be listed
on this attribute, with complete and detailed conditions and information included. TIPS will consider any deviations in
its proposal award decisions, and TIPS reserves the right to accept or reject any proposal based upon any deviatio
ns indicated below. In the absence of any deviation entry on this attribute, the proposer assures TIPS of their full co
mpliance with the Vendor Agreement.
No response
Page 22 of 24 pages Vendor:Binswanger Glass 190603
8 Felony Conviction Notice
Texas Education Code, Section 44.034, Notification of Criminal History, Subsection (a), states "a person or business
entity that enters into a contract with a school district must give advance notice to the district if the person or an own
er or operator of the business entity has been convicted of a felony. The notice must include a general description
of the conduct resulting in the conviction of a felony." Subsection (b) states "a school district may terminate a contra
ct with a person or business entity if the district determines that the person or business entity failed to give notice as
required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate
the person or business entity for services performed before the termination of the contract." (c) This section does n
of apply to a publicly held corporation. The person completing this proposal certifies that they are authorized to pro
vide the answer to this question.
Select A., B. or C.
A. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable.
OR B.My firm is not owned nor operated by anyone who has been convicted of a felony, OR
C. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony. (if you answ
er C below, you are required to provide information in the next attribute.
B. Firm not owned nor operated by felon; per above
8 If you answered C. My Firm is owned or operated by a felon to the previous question, you are
2 REQUIRED TO ANSWER THE FOLLOWING QUESTIONS.
If you answered C. My Firm is owned or operated by a felon to the previous question, you must provide the following
information.
1. Name of Felon(s)
2. The named person's role in the firm, and
3. Details of Conviction(s).
No response
8 Long Term Cost Evaluation Criterion #4.
3 READ CAREFULLY and see in the RFP document under"Proposal Scoring and Evaluation".
Points will be assigned to this criterion based on your answer to this Attribute. Points are awarded if you agree not i
ncrease your catalog prices (as defined herein) more than X% annually over the previous year for years two and thr
ee and potentially year four, unless an exigent circumstance exists in the marketplace and the excess price increase
which exceeds X% annually is supported by documentation provided by you and your suppliers and shared with TIP
S, if requested. If you agree NOT to increase prices more than 5%, except when justified by supporting documentati
on, you are awarded 10 points; if 6% to 14%, except when justified by supporting documentation, you receive 1 to 9
points incrementally. Price increases 14% or greater, except when justified by supporting documentation, receive 0
points.
increases will be 5% or less annually per question
8 Required Confidentiality Claim Form
4 Required Confidentiality Claim Form
This completed form is required by TIPS. By submitting a response to this solicitation you agree to download from th
e "Attachments" section, complete according to the instructions on the form, then uploading the completed form, wit
h any confidential attachments, if applicable, to the "Response Attachments" section titled "Confidentiality Form" in
order to provide to TIPS the completed form titled, "CONFIDENTIALITY CLAIM FORM". By completing this process,
you provide us with the information we require to comply with the open record laws of the State of Texas as they ma
y apply to your proposal submission. If you do not provide the form with your proposal, an award will not be made if
your proposal is qualified for an award, until TIPS has an accurate, completed form from you.
Read the form carefully before completing and if you have any questions, email Rick Powell at TIPS at rick.powell(aD-t
ips-usa.com
Page 23 of 24 pages Vendor:Binswanger Glass 190603
8 Choice of Law clauses
5 If the vendor is awarded a contract with TIPS under this solicitation, the vendor agrees to make any Choice of Law c
Iauses in any contract or agreement entered into between the awarded vendor and with TIPS or a TIPS member ent
ity to read as follows: "Choice of law shall be the laws of the state where the customer resides" or words to that effec
t.
Agreed
8 Venue of dispute resolution
6 In the event of a litigation or use of any dispute resolution model when resolving disputes with TIPS or a TIPS memb
er entity as a result of a transaction between the vendor and TIPS or the TIPS member entity, the Venue for any Iitig
ation or other agreed upon model shall be in the state and county where the customer resides unless otherwise agr
eed by the parties at the time the dispute resolution model is decided by the parties.
Agreed
8 Automatic renewal of contracts or agreements with TIPS or a TIPS member entity
7 This clause DOES NOT prohibit multiyear contracts or agreements with TIPS member entities.
Because TIPS and TIPS members are governmental entities subject to laws that control appropriations of funds dur
ing their fiscal years for contracts and agreements to provide goods and services, does the Vendor agree to limit an
y automatic renewal clauses of a contract or agreement executed as a result of this TIPS solicitation award to not Io
nger than "month to month" and at the TIPS contracted rate.
Agreed
8 Indemnity Limitation
8 Texas and other states restrict by law or state Constitution the ability of a governmental entity to indemnify others. TI
PS requires that any contract entered into between a vendor and TIPS or a TIPS Member as a result of an award u
nder this Solicitation limit the requirement that the Customer indemnify the Vendor by either eliminating any such ind
emnity requirement clauses in any agreements, contracts or other binding documents OR by prefacing all indemnity
clauses required of TIPS or the TIPS Member entity with the following: "To the extent permitted by the laws or the Co
nstitution of the state where the customer resides, ".
Agreement is a required condition to award of a contract resulting from this Solicitation.
Agreed
8 Arbitration Clauses
9 Except for certain circumstances, TIPS forbids a mandatory arbitration clause in any contract or agreement entered
into between the awarded vendor with TIPS or a TIPS member entity. Does the vendor agrees to exclude any arbitra
tion requirement in any contracts or agreement entered into between TIPS or a TIPS member entity through an awa
rded contract with TIPS?
Agreed
Page 24 of 24 pages Vendor:Binswanger Glass 190603
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CERTIFICATION BY CORPORATE OFFERER
CON-1IILF.TF. ONLY IF OFFERER 1S A CORPORATION,
THE FOLLOWING CERTIFICATE SHOULD BE EXECUTED AND INCLUDED AS PART OF
PROPOSAL FORMIPROPOSAL FORM.
OFFERER:
(Name of Corpo ation)
certify that I am thel5ecretary of the Corporation
I, ( ame of Corporate Secretary
named as OFFERER herein above; that
(Name of person who completed proposal document)
who signed the foregoing proposal on behalf of the corporation offerer is the authorized person that is
acting as
(Title/Position of person signing proposal/offer document within the corporation)
of the said Corporation; that said proposal/offer was duly signed for and in behalf of said corporation by
authority of its governing body, and is with`RAgaeope of its corporate powers.
tam
CORPORATE SEAL. if available S A P:
.......... .
SIGNATURE
DATE
TIPS RFP#
Reguired C20idential Inform lion Status Form
CONFIDENTIAL INFORMATION SUBMITTED IN RESPONSE TO COMPETITIVE PROCUREMENT REQUESTS OF
EDUCATION SERVICE CENTER REGION 8 AND TIPS(ESC8)IS GOVERNED BY TEXAS GOVERNMENT CODE,
CHAPTER 552
If you consider any portion of your proposal to be confidential information and not subject to public disclosure pursuant to
Chapter 552 Texas Gov't Code or other iaw(s),you must attach a cony of all claimed confidential materials within your
proposal and put this COMPLETED form as a cover sheet to said materials then scan,name"CONFIDENTIAL"and
upload with your proposal submission. (You must include all the confidential information in the submitted proposal, The
copy uploaded is to indicate which material in your proposal, if any,you deem confidential in the event the receives a Public
Information Request.)ESC8 and TIPS will follow procedures of controlling statute(s)regarding any claim of confidentiality
and shall not be liable for any release of information required by law. Upon your claim and your defense to the Office of
Texas Attorney General is required to make the final determination whether the information submitted by you and held by
ESC8 and TIPS is confidential and exempt from public disclosure.
?insuy"-)6er G n-[e`o V1s c I __LC hcz 5
Name of company 11
i V L. , Ca 'As _AJ + F wrz4dn
Printed Name and Title of authorized company officer declaring below the confidential status of material
i f his I �qd
Address City State ZIP Phone
ALL VENDORS MUST COMPLETE THE ABOVE SECTION.
I DO CLAIM parts of my proposal to be confidential and DO NOT desire to expressly waive a claim of
confidentiality of all information contained within our response to the solicitation. The attached contains material from our
proposal that I classify and deem confidential under Texas Gov't Code Sec. 552 or other law(s)and I invoke my statutory
rights to confidential treatment of the enclosed materials.
ATTACHED ARE COPIES OF PAGES OF CLAIMED CONFIDENTIAL MATERIAL FROM OUR
PROPOSAL THAT WE DEEM TO BE NOT PUBLIC INFORMATION AND WILL DEFEND THAT CLAIM
TO THE TEXAS ATTORNEY GENERAL IF REQUESTED WHEN A PUBLIC INFORMAITON REQUEST IS
MADE FOR OUR PROPOSAL.
Signature Date
OR -------------�-----------_---------------------------------------------------------------------------------
I DQ NQT CLAIM any of my proposal to be conllldential, complete the section below.
• desire to expressly waive any claim of confidentiality as to any and all information
contained within our response to the competitive procurement process (e.g. RFP, CSP, Bid,RFQ, etc.) by
completing the following and submitting this sheet with our response to Education Service Center Region 8 and
TIPS.
Signature C Date Q
tC3'
Confidentiality Claim Form rev 02272019
GISU
Binswanger Glass was founded in 1872; we have been safely installing glass for more than a
century, longer than any other glass company. And we still have one of the strongest guarantees
in the business; Limited Lifetime Warranty on installation. Now with 7D locations in 14 states,
Binswanger Glass is one of the largest full-service glass retailer in the United States.
We offer Auto Glass repair and replacement for all types of domestic and foreign makes and
models.
Binswanger Glass offers the most efficient auto glass replacement service in the industry. Our
trained professionals use only the finest quality glass and materials along with state-of-the-art
installation techniques that guarantee the original structural integrity of the vehicle. Your fleet can
stay on the road with our'Mobiie Service" that comes to them.
Binswanger Glass offers a full range of architectural products and services to meet the glass needs
of any commercial and industrial customer. Binswanger offers glass for even the most specialized
projects. We only use the highest quality products which have been tested to meet industry
standards. Regardless of the size or scope of a construction project, we design, create, and install
all types of products including:
■ Storefronts and Aluminum Doors
■ Glass table tops and shelving
■ Window and Glass Replacements
• Skylights
■ Curtainwall
■ Security glass
• Marine Glass
■ Acoustical Glass
■ Shower Doors
■ Safety Laminated Glass
+ Window Film and Screens
• Mirrors, Mirror Wails and Frames
Impact Glazing
• Heavy Equipment Glass
Emergency Glass Replacement
Binswanger Glass locations offer 24-hour emergency service for commercial customers, including
emergency board-up service. We use only the highest quality products. National and regional
customers can locate the nearest Binswanger service center by dialing our national tail center at
1-800-365-9922
More information is available on request or at our web site www.BinswangerGlass.com .
EXHIBIT C—CONFLICT OF INTEREST QUESTIONNAIRE
See next Pages
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An
offense under this section is a misdemeanor.
Name of vendor who has a business relationship with local governmental entity.
Binswanger Enterprises, LLC
2
Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information is being disclosed.
Denise Garcia, Contract Services Administrator
Name of Officer
4J Describe each employment or other business relationship with the local government officer, or a family member of the
officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIO as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
Yes FX No
B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
Yes Fx-1 No
5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director, or holds an
ownership interest of one percent or more.
none known
s
❑ Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
7
8/17/2021
Signature Pv
endor dalfng business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.Iegis.state.tx.us/
Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.
Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an
agency of a federal, state, or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by, and reporting to, that agency.
Local Government Code§176.003(a)(2)(A)and(B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds $2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than$100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code§ 176.006(a)and (a-1)
(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity, or a family member of the
officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any
gift described by Section 176.003(a-1);or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity; or
(B) submits to the local governmental entity an application,response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity;or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a
family member of the officer,described by Subsection(a);
(B) that the vendor has given one or more gifts described by Subsection (a);or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021