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HomeMy WebLinkAboutContract 56569CSC No. 56569 Oct 26, 2021 Richard Zavala (Oct 26, 2021 19:09 CDT) Richard Zavala Nico Arias (Oct 28, 2021 13:57 CDT) Valerie Washington (Oct 28, 2021 15:56 CDT) Exhibit A �Board° Caopentive Pu�chasing Proposal Invitation No. 592-19-Parks and Recreation Equipment and Field Lighting Products (Catalogs/Pricelists must be submitted with Proposal or Proposal will not be consideredl.) NOTE 1: Vendors proposing various manufacturer product lines per line item on the Proposal Specification Form must submit the information as follows or proposal may not be considered: �lanufacturers shall be listed in alphabetical order OVendor's must list one specific percentage discount for each Manufacturer listed. If a vendor's response to Proposal Specification Form states "please see attachment sheet," all manufacturers listed on the attachment sheet must indicate per manufacturer the line item that correlates to Proposal Specification Form or Vendor's proposal may not be considered. NOTE 2: Vendors proposing must be approved by the manufacturer to sell, install, and service the brand of equipment submitted. Proposer's responding to this Proposal Invitation should submit an approval letter from each manufacturer. Manufacturer authorization letters must include the regions in which equipment may be sold. Section I: Park Equipment, Products, and Supplies State Percent (%) Item of Discount off State Name of Exceptions to No. Short Description Full Description Catalog/Pricelistl Catalog/Pricelistl Discount Discount (%) Off Catalog/Pricelist for Please state the discount (%) off catalog/pricelist for Park and o 1 Park and Playground Playground Equipment, Attachments, and Accessories. �o Catalog/Pricelist MUST be included or proposal will not be considered. Equipment Discount (%) Off please state the discount (%) off catalog/pricelist for Park and 2 Catalog/Pricelist for P�dyyrOUnd SpOrtS EqUipMent. Catalog/Pricelist MUST be included or % Park and Playground proposal will not be considered. Sports Equipment Discount (%) Off Please state the discount (%) off catalog/pricelist for Park and 3 Catalog/Pricelist for Playground Amenities (tables, benches, litter receptacles and o�o Park and Playground similar related equipment). cacaioy/Pr�cerst MusT ne �ociuded or Amenities proposal will not be considered. Discount (%) Off Please state the discount (%) off catalog/pricelist for Park and 4 Catalog/Pricelist for Playground Drinking Fountains, Attachments, and o�o Park and Playground ACCe5501'125. Catalog/Pricelist MUST be included or proposal will not be Drinking Fountains considered. Discount (%) Off Catalog/Pricelist for Please state the discount (%) off catalog/pricelist for Park and Q 5 Park and Playground P�ayground Safety SurFacing Products. Catalog/Pricelist MUST be �o included or proposal will not be considered. Safety Surfacing PROPOSAL NOTE PROPOSAL SPECIFICATION FORM 1. Catalogs/Pricelists are required to be submitted with Proposal Page 43 of 71 �Board° Caopentive Pu�chasing Proposal Invitation No. 592-19-Parks and Recreation Equipment and Field Lighting Products (Catalogs/Pricelists must be submitted with Proposal or Proposal will not be consideredl.) State Percent (%) Item of Discount off State Name of Exceptions to No. Short Description Full Description Catalog/Pricelist1 Catalog/Pricelist1 Discount Discount (%) Off Catalog/Pricelist for Please state the discount (%) off catalog/pricelist for Park and 0 6 Park and Playground Pldj/91'OUlld BIkCS. Catalog/Pricelist MUST be included or proposal will �o not be considered. Bikes Discount (%) Off Catalog/Pricelist for Please state the discount (%) off catalog/pricelist for Park and 7 Park and Playground Playground Animal Washing Stations. cacaioy/Priceiist MusT be % Animal Washing included or proposal will not be considered. Stations Discount (%) Off please state the discount (%) off catalog/pricelist for Shade $ Catalog/Pricelist for Canopies and Structures, Attachments, and Accessories. % Shade Canopies and Catalog/Pricelist MUST be included or proposal will not be considered. Structures Discount (%) Off Please state the discount (%) off catalog/pricelist for Portable Catalog/Pricelist for Restrooms, Pre-fabricated Portable Park Buildings and 9 Portable Restrooms, Shelters (picnic shelters, cabins, pavilions and similar related % Portable Park p0ltabl2 bUlldlllg5). Catalog/Pricelist MUST be included or proposal will Buildings and Shelters not be considered. Discount (%) Off Please state the discount (%) off catalog/pricelist for Aquatic 10 Catalog/Pricelist for playground and Pool Equipment, Attachments, and o�o Aquatic Playground ACCe5501'IeS. Catalog/Pricelist MUST be included or proposal will not be and Pool Equipment considered. Discount (%) Off Please state the discount (%) off catalog/pricelist for Skate Park 11 Catalog/Pricelist for Products, Attachments, and Accessories. Catalog/Pricelist MUST % Skate Parks be included or proposal will not be considered. Discount (%) Off Please state the discount (%) off catalog/pricelist for Water Park 12 Catalog/Pricelist for Products, Attachments, and Accessories. cacaioy/Pr�cerst MusT % Water Parks be included or proposal will not be considered. PROPOSAL NOTE PROPOSAL SPECIFICATION FORM 1. Catalogs/Pricelists are required to be submitted with Proposal Page 44 of 71 �Board° Caopentive Pu�chasing Proposal Invitation No. 592-19-Parks and Recreation Equipment and Field Lighting Products (Catalogs/Pricelists must be submitted with Proposal or Proposal will not be consideredl.) State Percent (%) Item of Discount off State Name of Exceptions to No. Short Description Full Description Catalog/Pricelist1 Catalog/Pricelist1 Discount Discount (%) Off Please state the discount (%) off catalog/pricelist for Lake, River 13 Catalog/Pricelist for and Waterway Equipment (dock floats, decking, waterway o�o Lake, River and barriers, buoys, markers, and similar related equipment). Waterway Equipment Catalog/Pricelist MUST be included or proposal will not be considered. Discount (%) Off Catalog/Pricelist for Please state the discount (%) off catalog/pricelist for Outdoor 14 Outdoor Bleacher and B�eacher and Seating Systems, Attachments, and Accessories. % Catalog/Pricelist MUST be included or proposal will not be considered. Seating Systems Discount (%) Off Please state the discount (%) off catalog/pricelist for Outdoor 15 Catalog/Pricelist for Scoreboards, Attachments, and Accessories. cataioy/Priceiisc % Outdoor Scoreboards MUST be included or proposal will not be considered. Discount (%) Off please state the discount (%) off catalog/pricelist for Signage and 16 Catalog/Pricelist for Marquees, Attachments, and Accessories. cataioy/rriceiist Musr % Signage and be included or proposal will not be considered. Marquees Discount (%) OfF Please state the discount (%) off catalog/pricelist for Fireworks Catalog/Pricelist for Display Services (services shall include the products, labor, licenses 17 and resources necessary to coordinate and perform such displays for % Fireworks Display Services COOp2fatlVe I11eI11b2f5). Catalog/Pricelist MUST be included or proposal will not be considered. Discount (%) Off Catalog/Pricelist for All Please state the discount (%) off catalog/pricelist for All Other Parks 18 Other Parks and and Recreation Equipment/Products, Attachments, and o�o Recreation Accessories. catalog/Pricelist MusT be included or proposal will not be considered. Equipment/Products PROPOSAL NOTE PROPOSAL SPECIFICATION FORM 1. Catalogs/Pricelists are required to be submitted with Proposal Page 45 of 71 �Board° Caopentive Pu�chasing Proposal Invitation No. 592-19-Parks and Recreation Equipment and Field Lighting Products (Catalogs/Pricelists must be submitted with Proposal or Proposal will not be consideredl.) Section II: Field Lighting Products - Vendors shall provide a catalog/pricelist that includes the manufacturer design number, light system fixtures, equipment and pricing associated with all rypes of field lighting products for various pole setbacks, base paths and foot candle ranges. Prices for lighting system equipment shall be based on various wind speeds (i.e. 90 MPH, 110 MPH, 130 MPH) and shall include delivery and meet the most recent IBC building code requirements. An awarded Vendor must be approved by the manufacturer to sell, install, and service the brand of equipment submitted. Pronoser's resnondina to this Proposal Invitation should submit an approval letter from each manufacturer. Manufacturer authorization letters must include the regions in which equipment may be sold. State Percent (%) Item of Discount off State Name of Exceptions to No. Short Description Full Description Catalog/Pricelist1 Catalog/Pricelist1 Discount Discount (%) Off please state the discount (%) off catalog/pricelist for Football Field Catalog/Pricelist for o 19 Football Field Lighting Lighting Products, Equipment and related items. /o Catalog/Pricelist MUST be included or proposal will not be considered. Products Discount (%) Off please state the discount (%) off catalog/pricelist for Baseball Field Catalog/Pricelist for o Z� Baseball Field Lighting Lighting Products, Equipment and related items. �o Catalog/Pricelist MUST be included or proposal will not be considered. Products Discount (%) Off please state the discount (%) off catalog/pricelist for Softball Field Catalog/Pricelist for o Z1 Softball Field Lighting ��ghting Products, Equipment and related items. �o Catalog/Pricelist MUST be included or proposal will not be considered. Products Discount (%) Off Catalog/Pricelist for Please state the discount (%) off catalog/pricelist for Soccer Field o Zz Soccer Field Lighting Lighting Products, Equipment and related items. /o Catalog/Pricelist MUST be included or proposal will not be considered. Products Discount (%) Off Catalog/Pricelist for Please state the discount (%) off catalog/pricelist for Tennis Court o 23 Tennis Court Lighting Lighting Products, Equipment and related items. �o Catalog/Pricelist MUST be included or proposal will not be considered. Products Discount (%) Off please state the discount (%) off catalog/pricelist for All Other 24 Catalog/Pricelist for All Lighting Products, Equipment and related items. % Other Field Lighting Catalog/Pricelist MUST be included or proposal will not be considered. Products PROPOSAL NOTE PROPOSAL SPECIFICATION FORM 1. Catalogs/Pricelists are required to be submitted with Proposal Page 46 of 71 �Board° Caopentive Pu�chasing Proposal Invitation No. 592-19-Parks and Recreation Equipment and Field Lighting Products (Catalogs/Pricelists must be submitted with Proposal or Proposal will not be consideredl.) Section III: Repair/Replacement Parts State Percent (%) Item of Discount off State Name of Exceptions to No. Short Description Full Description Catalog/Pricelistl Catalog/Pricelistl Discount Discount (%) Off Catalog/Pricelist for Please state the discount (%) off catalog/pricelist for 25 Repair/Replacement Repair/Replacement Parts on Parks and Recreation Products. % Parts on Parks and Catalog/Pricelist MUST be included or proposal will not be considered. Recreation Products Section IV: Installation and Repair Service for Park and Playground Equipment and Products - Vendors charging for installation and repair on a hourly basis must provide the not to exceed hourly labor rate in Item 26. Vendors charging for installation as a percentage of the total cost of equipment/products must complete Item 27 and provide both Vendor's detailed installation rate and the proposed percent discount off Vendor's installation rate. Exceptions to Item Not to Exceed Detailed Information Hourly Labor No. Short Description Full Description Hourly Labor Rate on Hourly Labor Rate Rate Not to Exceed Hourly Labor Rate for Hourly Labor Rate for Installation/Repair Service of Park and 26 Installation/Repair Playground Equipment and Products - State the Not to Exceed Service of Park and hourly labor rate for Installation/Repair Service of Equipment and � /Hour Playground Equipment Products. and Products State Percent (%) Item of Discount off Detailed Information Exceptions to No. Short Description Full Description Installation Rate on Installation Rate Discount Discount (%) Off the Installation Rate for Please state the discount (%) off from the Installation Rate ONLY 27 Park and Playground of Park and Playground Equipment and Products (for labor as a % Equipment and percent (%) of the total cost of equipment/products to be installed). Products PROPOSAL NOTE PROPOSAL SPECIFICATION FORM 1. Catalogs/Pricelists are required to be submitted with Proposal Page 47 of 71 �Board° Caopentive Pu�chasing Proposal Invitation No. 592-19-Parks and Recreation Equipment and Field Lighting Products (Catalogs/Pricelists must be submitted with Proposal or Proposal will not be consideredl.) Section V: Installation and Repair Service for Other Parks and Recreation Equipment and Products Exceptions to Item Not to Exceed Detailed Information Hourly Labor No. Short Description Full Description Hourly Labor Rate on Hourly Labor Rate Rate Not to Exceed Hourly Hourly Labor Rate for Installation/Repair Service of Shade Labor Rate for Canopies, Equipment and Products - State the Not to Exceed 28 Installation/Repair hourly labor rate for Installation/Repair Service of Equipment and � /Hour Service of Shade products. Canopies Not to Exceed Hourly Labor Rate for Hourly Labor Rate for Installation/Repair Service of Portable 29 Installation/Repair Restrooms, Park Buildings and Shelters - State the Not to � /Hour Service of Portable Exceed hourly labor rate for Installation/Repair Service of Equipment Restrooms, Park and Products. Buildings and Shelters Not to Exceed Hourly Labor Rate for Hourly Labor Rate for Installation/Repair Service of Aquatic Installation/Repair Playground Equipment and Products - State the Not to Exceed 30 Service of Aquatic hourly labor rate for Installation/Repair Service of Equipment and � /Hour Playground Equipment Products. and Products Not to Exceed Hourly Labor Rate for Hourly Labor Rate for Installation/Repair Service of Skate 31 Installation/Repair park Equipment and Products - State the Not to Exceed hourly $ /Hour Service of Skate Park labor rate for Installation/Repair Service of Equipment and Products. Equipment and Products Not to Exceed Hourly Labor Rate for Hourly Labor Rate for Installation/Repair Service of Water 32 Installation/Repair park Equipment and Products - State the Not to Exceed hourly $ /Hour Service of Water Park Equipment and labor rate for Installation/Repair Service of Equipment and Products. Products PROPOSAL NOTE PROPOSAL SPECIFICATION FORM 1. Catalogs/Pricelists are required to be submitted with Proposal Page 48 of 71 �Board° Caopentive Pu�chasing Proposal Invitation No. 592-19-Parks and Recreation Equipment and Field Lighting Products (Catalogs/Pricelists must be submitted with Proposal or Proposal will not be consideredl.) Exceptions to Item Not to Exceed Detailed Information Hourly Labor No. Short Description Full Description Hourly Labor Rate on Hourly Labor Rate Rate Not to Exceed Hourly Hourly Labor Rate for Installation/Repair Service of Lake, Labor Rate for River and Waterway Equipment (dock floats, decking, 33 Installation/Repair Waterway barriers, buoys and markers, similar related $ /Hour Service of Lake, River equipment.) - State the Not to Exceed hourly labor rate for and Waterway Equipment Installation/Repair Service of Equipment and Products. Not to Exceed Hourly Labor Rate for Hourly Labor Rate for Installation/Repair Service of Outdoor 34 Installation/Repair g�eachers and Seating Systems - State the Not to Exceed hourly $ /Hour Service of Outdoor labor rate for Installation/Repair Service of Equipment and Products. Bleachers and Seating Systems Not to Exceed Hourly Labor Rate for Hourly Labor Rate for Installation/Repair Service of Outdoor 35 Installation/Repair Scoreboards - State the Not to Exceed hourly labor rate for $ /Hour Service of Outdoor Installation/Repair Service of Equipment and Products. Scoreboards Not to Exceed Hourly Labor Rate for Hourly Labor Rate for Installation/Repair Service of Signage Installation/Repair products, Marquees, Similar Related Equipment - State the Not 36 Service of Signage — $ /Hour Products, Marquees, to Exceed hourly labor rate for Installation/Repair Service of Similar Related Equipment and Products. Equipment Not to Exceed Hourly Labor Rate for Installation/Repair Hourly Labor Rate for Installation/Repair Service of Natural 37 Service of Natural Grass Turf Removal, Tilling or Grading related to Parks and � /Hour Grass Turf Removal, Recreation - State the Not to Exceed hourly labor rate for Tilling or Grading Installation/Repair Service of Equipment and Products. related to Parks and Recreation PROPOSAL NOTE PROPOSAL SPECIFICATION FORM 1. Catalogs/Pricelists are required to be submitted with Proposal Page 49 of 71 �Board° Caopentive Pu�chasing Proposal Invitation No. 592-19-Parks and Recreation Equipment and Field Lighting Products (Catalogs/Pricelists must be submitted with Proposal or Proposal will not be consideredl.) Exceptions to Item Not to Exceed Detailed Information Hourly Labor No. Short Description Full Description Hourly Labor Rate on Hourly Labor Rate Rate Not to Exceed Hourly Labor Rate for Hourly Labor Rate for Installation/Repair Service of All Installation/Repair Other Park and Recreation Related Equipment and Products - 38 Service of All Other State the Not to Exceed hourly labor rate for Installation/Repair � /Hour Park and Recreation Service of Equipment and Products. Related Equipment and Products Section VI: Installation and Repair Service for Field Lighting Products - Vendors proposing to provide Installation and Repair Service for Field Lighting Products may propose either a not-to-exceed hourly labor rate or a coefficient from the RSMeans Unit Price Book, or both. A coefficient proposed should be the price multiplier that vendor proposes to be applied to the unit price book(s) identified in the Proposal specifications. Coefficients shall be "neY' (e.g. 1.0) or a percentage ��decrease from" (e.g. 0.95) or ��increase from" (e.g. 1.21) the unit prices listed in the unit price book. Coefficient factors are to be carried no further than two (2) decimal places. Exceptions to Item Not to Exceed Detailed Information Hourly Labor No. Short Description Full Description Hourly Labor Rate on Hourly Labor Rate Rate Not to Exceed Hourly Labor Rate for Hourly Labor Rate for Installation/Repair Service of Field 39 Installation/Repair Lighting Products - State the Not to Exceed hourly labor rate for $ /Hour Service of Field Installation/Repair Service of Equipment and Products. Lighting Products DEFINE SERVICES PrOpOSeI''S Clearly defne the services that are proposed to be Item Coefficient provided and attach detailed information. (NOTE: IF DETAILED INFORMATION IS NOT SUBMITTED, NO. Short Description Full Description (RSMeans) PROPOSAL WILL NOT BE CONSIDERED!!) Coefficient for Coefficient for Standard Hours as listed in RSMeans Cost Data 40 Standard Hours Book -- RSMeans Cost Data from the Total INCL 0&P column (most (RSMeans) current edition). Coefficient for Non- Coefficient for Non-Standard Hours as listed in RSMeans Cost 41 Standard Hours Data Book -- RSMeans Cost Data from the Total INCL 0&P column (RSMeans) (most current edition). PROPOSAL NOTE PROPOSAL SPECIFICATION FORM 1. Catalogs/Pricelists are required to be submitted with Proposal Page 50 of 71 �u ■ � � ■ 1 1 1 /�� August 2, 2021 Exhibit B Kelly O'Conner Gametime/Total Recreation Products, Inc. 17802 Grant Road Cypress, TX 77429 P.�. Box 4aa, Austin, Texas 78767 80�.£95.2979 • infa@buybaard.com • huyhoard.cnm Sent via email to: kellv(c�totalrecreation.net Re: Parks and Recreation Equipment and Field Lighting Products BuyBoard Contract 592-19 The Local Government Purchasing Cooperative (BuyBoard) awarded your company a contract under Parks and Recreation Equipment and Field Lighting Products, Contract 592-19, for which the current term is set to expire September 30, 2021. At this time, the BuyBoard is renewing your contract through September 30, 2022. This will be the final renewal of this contract. All discounts, terms, and conditions of your contract will remain the same. If you agree to this renewal, there is nothing you need to do. However, if you do not agree to this renewal, you must notify me via email at lisa.maraden@tasb.or� prior to the start of the renewal term. If you have questions or comments concerning this renewal, please contact me as soon as possible at lisa.maraden@tasb.or�. We appreciate your interest in The Local Government Purchasing Cooperative. Sincerely, � ���� Lisa Maraden Contract Administrator final renewal v.02.13.2020 A TASAr T� �7� � Endorsed 6y � �j i r. ��•' �u � � � 1 1 1 1 r=� August 28, 2020 Kelly O'Conner Gametime/Total Recreation Products, Inc. 17802 Grant Road Cypress TX 77429 P.�. Box 4a4, Austin, Texas 78767 800.895.2919 • infa@buyboard.com • bwyhoard.com Sent via email to: kellv(c�totalrecreation.net Re: Parks and Recreation Equipment and Field Lighting Products BuyBoard Contract 592-19 The Local Government Purchasing Cooperative (BuyBoard) awarded your company a contract under Parks and Recreation Equipment and Field Lighting Products, Contract 592-19 effective October 1, 2019 through September 30, 2020, with two possible one-year renewals. At this time, the BuvBoard is renewina vour contract throuqh September 30, 2021. All discounts, terms, and conditions of your contract will remain the same. If you agree to this renewal, there is nothing you need to do. However, if you do not agree to this renewal, you must notify me via email at connie.burkett(a�tasb.orq prior to the start of the renewal term. Reminder: Once a BuyBoard contract is awarded, vendors must generate a minimum of $15,000 annually or they may not be offered a contract renewal. If you have questions or comments concerning this renewal, please contact me as soon as possible at connie.burkett(c�tasb.orq. We appreciate your interest in The Local Government Purchasing Cooperative. Sincerely, �'��,..�� -�, t��.�'�� Connie W Burkett, CTS80 Contract Administrator 15t renewal v.02.13.2020 A� TASAr �r� � Endorsed 6y � &.t�' �' � Board � Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com NOTICE OF PROPOSAL INVITATION AND INSTRUCTIONS TO PROPOSERS The Local Government Purchasing Cooperative (Cooperative), 12007 Research Blvd., Austin, Texas 78759 is a statewide purchasing cooperative for school districts, junior colleges, cities, counties, and other political subdivisions. The Texas Association of School Boards, Inc. (TASB), a Texas nonprofit corporation, 12007 Research Blvd., Austin, Texas 78759, assisted in the formation of the Cooperative, and TASB along with the Texas Municipal League (TML), a Texas unincorporated nonprofit association, 1821 Rutherford Lane, Austin, Texas 78754 and the Texas Association of Counties (TAC), a Texas nonprofit association, 1204 San Antonio, Austin, Texas 78701 all endorse the Cooperative. The Cooperative's contracts for commodities and services will be available to the members of TASB, TML, and TAC, and other local governmental entities that are members of the Cooperative eligible to purchase through a government purchasing cooperative or interlocal contract. TASB, the Cooperative's administrator, provides the electronic commerce technology to the Cooperative to enable members' purchasing to be accomplished electronically. Unless a different time period is stated in the General Information document for this Proposal Invitation, questions, requests for information or clarification, or comments regarding this Proposal Invitation, including the specifications, must be submitted in writing, addressed as indicated below, and received by the Cooperative no later than the 10t" business day before the Proposal Due Date. The Cooperative will respond only to written questions. The Local Government Purchasing Cooperative Attn: Director of Cooperative Procurement 12007 Research Blvd. Austin, TX 78759 Phone: 512-467-0222 Fax: 800-211-5454 E-Mail: bids@buyboard.com Sealed proposals are being solicited for the products, supplies, services and/or equipment as set forth in this Proposal Invitation and are solicited on behalf of all present and future members of the Cooperative. There may be over 1,000 Texas public school districts and junior colleges, over 900 municipalities, 400 counties, and numerous other political subdivisions (i.e. river authorities, special districts, public housing authorities, etc.) participating in the Cooperative at any given time. Awarded products may also be available to the administrator's nonprofit entity BuyBoard subscribers and, in the event of a piggyback award, members of the National Purchasing Cooperative as further explained in the Proposal Invitation. PROPOSAL SUBMISSION INSTRUCTIONS Completed sealed proposals for Proposal No. 592-19 for Parks and Recreation Equipment and Field Lighting Products must be received on or before 4:00 PM January 24, 2019, either by submitting the Proposal electronically through the Cooperative's designated website or by hard copy submission as set out below. Late proposals will not be accepted. Electronic Proposal Submission: The Cooperative is now accepting electronic proposal submission and is requesting that Vendors submit proposals electronically via the following website: buyboard.com/vendor There is no cost to the Vendor to register or use the electronic proposal submission option. Page 1 of 71 COMM/SVCS/CONST.V.01.12.2018 � Board � Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com In order to submit proposals electronically, you must have a working registered vendor username and password to login. If you do not have a registered vendor user name and password, you may obtain one by registering at buyboard.com/vendor. Note to existing BuyBoard vendors: The registered vendor login used for e%ctronic proposal submission is NOT the same as your existing login used to check purchase orders or similar vendor information under awarded contracts, Vendors are highly encouraged to ensure you have a working vendor login well in advance of the submission deadline. Vendor is responsible for ensuring it has the technical capability to submit its proposal via electronic submission. Browser requirements can be found at https://buyboard.ionwave.net/BrowserCompatibility.html. VENDOR SHALL BE SOLELY RESPONSIBLE FOR ENSURING TIMELY SUBMISSION OF VENDOR'S PROPOSAL. Neither the Cooperative nor its administrator shall be responsible for equipment or software failure, internet or website downtime, corrupt or unreadable data, or other technical issues that may cause delay or non-delivery of a Proposal or inaccessibility of the submitted data. Accordingly, Vendors are highly encouraged to prepare and allow for sufficient time to familiarize itself with the electronic submission requirements and to address any technical or data issues prior to the Proposal due date. How to submit Proposal e%ctronical/y • Login using your registered vendor login at buyboard.com/vendor under the ��Register/Login/Submit Proposal" link. • The page will open to the list of ��Available Bids." • Click on the applicable Proposal Invitation number under the "My Invitations" or ��Other Bid Opportunities" section to view this Proposal Invitation request. • Review and fol%w all instructions on the webpage. • To upload a Proposal, select the ��Response Attachments" tab to upload a signed, complete copy of your Proposal in searchable PDFformat, including all required proposal documents (forms, completed specifications, and any other documents required by the Proposal Invitation) and electronic catalogs/pricelists. • Select the "Response Submission" tab to submit the proposal. ■ If an error or multiple errors occur, the system will display the location of the error(s). ■ Go to the problem area and correct the errors. You must go to the specific tab(s) that contain(s) the error(s) to review the error detail and correct the error(s). Your submission will not be accepted until all errors are corrected. ■ Once all errors are corrected, proceed to the ��Response Submission" tab to submit the response. • Electronic Catalogs/Pricelists must be submitted with the Proposal in the format required by these Proposal Instructions or it will not be considered. How to submit hard copy Proposa/ — Paper copies wi// NOT be accepted While the Cooperative requests electronic submission of Proposals through the designated website, any vendor without the technical capability or wishing to submit a hard copy proposal, rather than utilizing electronic submission, may do so in accordance with the following instructions: • Submit the signed, completed Proposal in a sealed envelope or carton properly marked with the Proposal Invitation number and Proposal submittal date and time and containing all required proposal documents (including forms, completed specifications, and any other documents required by the Proposal Invitation). The Proposal must be submitted in e%ctronic, searchable PDF format on a USB flash drive, CD or DVD. Paper copies will NOT be accepted. • Electronic Catalogs/Pricelists must be submitted with the Proposal in the format required by these Proposal Instructions or it will not be considered. • The hard copy electronic proposals must be delivered via hand delivery or U.S. Mail to the address below so as to be received on or before the Proposal submission deadline: The Local Government Purchasing Cooperative 12007 Research Blvd. Austin, TX 78759 Page 2 of 71 COMM/SVCS/CONST.V.01.12.2018 � Board � Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com VENDOR SHALL BE SOLELY RESPONSIBLE FOR ENSURING TIMELY SUBMISSION OF VENDOR'S PROPOSAL. Neither the Cooperative nor its administrator shall be responsible for proposals delivered late by the United States Postal Service or any other delivery or courier service. Further, neither the Cooperative nor its administrator shall be responsible for proposals delivered in a corrupt or unreadable electronic format. Faxed and/or emai/ed Proposals will NOT be accepted. REQUIREMENTS FOR VENDOR CATALOGS/PRICELISTS Electronic catalogs/pricelists must be submitted in the required format with the Proposal (whether submitted electronically through the designated website or in hard copy format via mail or hand delivery) or the Proposal will not be considered. The following is required of all Vendor catalog(s)/pricelist(s) submitted to the Cooperative: Vendors are required to submit catalog(s)/pricelist(s) in searchable PDF electronic format ONLY. No other format will be accepted. Further, no paper catalogs or manufacturer/vendor websites will be accepted. Below is a sample chart, with examples of data for each field, showing the data fields that Vendors MUST include in each submitted pricelist/catalog: BuyBoard Specification Cate o Part/Item Number Item Descri tion List Price 1 1234 Desk $50.00 2 1235 Chair 20.00 The catalogs/pricelists must include all listed data fields (BuyBoard specification category, part/item number, item description, and list price) or the Proposal will not be considered. Catalogs and pricelists should contain only items that relate to the items requested in the specifications. Vendors are discouraged from including irrelevant or non-responsive information with their Proposal. The Cooperative reserves the right to deem a Proposal non-responsive if the Proposal, including catalogs or pricelists submitted with the Proposal, do not specifically relate to the intent of the Proposal Invitation or contain what the Cooperative deems, in its sole discretion, excessive irrelevant or non-responsive information, including information which makes it burdensome or impractical for the Cooperative to identify responsive products and pricing. INSTRUCTIONS FOR VENDORS PROPOSING MULTIPLE MANUFACTURER PRODUCT LINES: Vendors proposing various manufacturer product lines per line item on the Proposal Specification form must submit the information as follows or Vendor's proposa/ may not be considered: • Manufacturers shall be listed in alphabetical order ■ Vendor's must list one specific percentage discount for each Manufacturer listed If a vendor's response to the Proposal Specification form states ��please see attachment," all manufacturers listed on the attachment sheet must indicate per manufacturer the line item that correlates to the Proposal Specifications form or Vendor's proposal may not be considered. WITHDRAWAL OR MODIFICATION OF PROPOSALS Proposals may be withdrawn or modified prior to the Proposal Due Date and time, but only in accordance with section B.11 (Withdrawal or Modification of Proposal) of the General Terms and Conditions in this Proposal Invitation. Page 3 of 71 COMM/SVCS/CONST.V.01.12.2018 � Board � Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com PROPOSAL INVITATION NO. 592-19 TABLE OF CONTENTS PROPOSAL NOTICE Notice of Proposal Invitation and Instructions to Proposers GENERALINFORMATION General Information REOUIRED PROPOSALFORMS Proposer's Agreement and Signature Vendor Contact Information Felony Conviction Disclosure and Debarment Certification Resident/Nonresident and Vendor Employment Certification No Israel Boycott Certification No Excluded Nation or Foreign Terrorist Organization Certification Historically Underutilized Business Certification Construction-Related Goods and Services Affirmation Deviation and Compliance Location/Authorized Seller Listings Manufacturer Dealer Designation Texas Regional Service Designation State Service Designation National Purchasing Cooperative Vendor Award Agreement Federal/State Purchasing Cooperative Experience Governmental References Marketing Strategy Confidential/Proprietary Information Vendor Business Name EDGAR Vendor Certification Proposal Invitation Questionnaire Required Forms Checklist Proposal Specification Form GENERAL TERMS AND CONDITIONS General Terms and Conditions Page4of71 Paae 1 � 9 11 13 14 15 15 Q� 17 18 19 ZO 21 23 25 27 29 30 31 33 34 38 42 43 51 COM M/SVCS/CON ST.V.01.12.2018 � Board� Cnoperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com GENERAL INFORMATION Proposal Invitation No. 592-19-Parks and Recreation Eauipment and Field Liahtin4 Products *P/ease make sure that you ha ve either down/oaded and/or printed al/ sections of this Proposal In vitation. 1. Notice of Proposal Invitation and Instructions to Proposers 2. General Information 3. Proposal Invitation Forms and Specifications 4. General Terms and Conditions PROPOSAL SUBMISSION INSTRUCTIONS Proposal responses (including completed and signed Proposal Invitation forms, completed Proposal specifications, and pricelists/catalogs) must be submitted in electronic format in the manner prescribed in the Instructions to Proposers. INTENT AND PURPOSE OF THE CONTRACT The intent of this Proposal Invitation is to establish a contract for the purchase of various types of Parks and Recreation Equipment and Field Lighting Products that may be purchased by Cooperative members. Because individual members require different equipment, supplies, and/or services this Proposal Invitation is a request for: 1. A discount off of catalog or price list for parks and recreation supplies, materials, equipment, and field lighting products; 2. Not-to-exceed hourly labor rate for installation and repair of parks and recreation supplies, materials and equipment; 3. Not-to-exceed rates for installation and repair of field lighting products based on either a not-to-exceed hourly labor rate or coefficient to be applied to unit price book. Purchases can be made by a Cooperative member at any time during the contract term. TERM OF CONTRACT The term of this contract will be from October 1, 2019 through September 30, 2020 with two (2) possible one (1) year renewals. An awarded Vendor has no right to or vested interest in contract renewal. The Cooperative will evaluate the contract award prior to the expiration of the then-current term on the basis of factors that may include the annual amount of business, performance and continued provision of best value to Cooperative members. For purposes of this Proposal Invitation, a Vendor must generate a minimum of $15,000 through the contract during an annual contract term or may not be offered a renewal. A Vendor's failure to generate this minimum amount may also be considered by the Cooperative as part of Vendor's past performance evaluation on future proposal invitations. A renewal must be mutually agreed upon by both parties. VALUE OF CONTRACT The estimated value of this contract is �135,937,510; however, this estimate is based on prior contracts for similar types of products and services and should not be construed to be a guaranty of either minimum or maximum since usage is dependent upon Cooperative members' actual needs and available funding. CONST.V. 01.12.2018 Page 5 of 71 � Board� Cnoperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com An awarded Vendor must supply products and services at or below the awarded pricing for the duration of the contract and honor all Purchase Orders prepared by each individual Cooperative member. SERVICE FEE An awarded Vendor under this Proposal Invitation must pay the Cooperative a service fee in the amount of 2% per Purchase Order generated from any contract awarded under this Proposal Invitation, and the service fee is to be included in the awarded pricing. Vendor agrees to pay this service fee and remit the fee to the Cooperative in Austin, Texas, promptly upon payment by the Cooperative member for any Purchase Order(s) and within 30 days of the date of each service fee invoice. Vendor agrees to provide the Cooperative with copies of all Purchase Orders generated from Vendor's contract(s) that Vendor receives directly from Cooperative members, or such other documentation regarding those purchase orders as the Cooperative's administrator may require in its reasonable discretion. Vendor further agrees that the Cooperative shall have the right, upon reasonable written notice, to review its records pertaining to purchases under any awarded contract to verify purchase history and the accuracy of service fees payable by Vendor. HOURS OF WORK (FIELD LIGHTING REPAIR AND INSTALLATION BASED ON COEFFICIENT TO BE APPLIED TO UNIT PRICE BOOK) For installation and repair of Field Lighting products, the proposal specifications allow Vendors to propose either a not-to- exceed hourly labor rate or a coefficient to be applied to the RSMeans unit price book. To the extent a Vendor proposes based on a coefficient to be applied to the unit price book, Vendor must submit a coefficient for both Standard Hours and Non-Standard Hours. Vendors are expected to pursue the contracted tasks during the hours of 7 a.m. to 5 p.m. Monday through Friday ("Standard Hours'�. Hours other than Standard Hours shall be considered non-standard hours (��Non- Standard Hours'�. Non-Standard Hour rates are permissible only where work during Non-Standard Hours is either specifically requested or approved in writing by the Cooperative member. If a Vendor elects to perform services during Non-Standard Hours, at its own option for Vendor's own convenience when neither requested nor required by the Cooperative member, Vendor must perform such work at Standard Hours rates and satisfy the following requirements: • Vendor submits a request to the Cooperative member in writing at least two working days in advance stating the specific times of the Non-Standard Hours during which the Vendor wishes to perform work; • There is no additional cost to the Cooperative member; • An authorized representative of the Cooperative member approves the request in advance in writing; and • Vendor agrees to any special conditions imposed by the Cooperative member as set forth in the approval document. CONFIDENTIAL INFORMATION Any information submitted by Proposer that Proposer considers to be confidential must be clearly identified as such on the Confidential/Proprietary Information Form. ADDITIONAL INFORMATION An awarded vendor must be approved by the manufacturer to sell, install, and service the brand of equipment submitted. Proposer's responding to this proposal invitation should submit an approval letter from each manufacturer. Manufacturer authorization letters must include the regions in which equipment may be sold. CONST.V. 01.12.2018 Page6of71 � Board� Cnoperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com AWARD AND EVALUATION This contract will be awarded based on the evaluation and award criteria set out in Section C.2 of the General Terms and Conditions to provide best value to Cooperative members. This Proposal Invitation requires Proposers to provide certain information that the Cooperative does not evaluate and is not included in the award criteria set out in Section C.2. The Cooperative requests the information, however, because it may be relevant to federal, state or local procurement law or other legal requirements that apply to various Cooperative members. The information, which will be made available to Cooperative members with respect to awarded Vendors, includes the following: a) Proposer's status as a minority/woman-owned business enterprise, historically underutilized business, or service-disabled veteran; b) Whether Proposer or its ultimate parent or majority owner has its principal place of business in Texas or employs at least 500 persons in Texas; and c) Whether Proposer is a Texas resident or a non-resident business. TYPEOFCONTRACT This is a��sealed proposal" based on discount off catalog or price list and not-to-exceed hourly labor rates. Except as provided in section E.4 of the General Terms and Conditions or otherwise in this Proposal Invitation, Vendor shall hold its awarded pricing firm during the contract term. In the event of price decreases, such price decreases shall be allowed for all products. Catalogs/pricelists, where required by the Proposal specifications, must be submitted with the Proposal or your proposal will be deemed nonresponsive. COMPLIANCE WITH APPLICABLE LAWS By signing this Proposal, the Proposer certifies that Proposer has provided its valid, proper and correct business entity name and information in its Proposal, that such entity is operating in good standing with the proper authority from whatever state or local jurisdiction is required, and Proposer has obtained, and will continue to maintain during the entire term of this contract, all permits, approvals, and/or licenses necessary for lawful performance of its obligations under this contract. Proposer further certifies that, if awarded, Proposer will comply with all applicable state, federal, and local laws, rules, and regulations in regards to awarded products and/or services. Individual Cooperative members may in certain circumstances request background checks on an awarded Vendor's employees who will have direct contact with students, or for other reasons, and may require Vendor to pay the cost of obtaining criminal history information. BUYBOARD ADVISORY REGARDING CONSTRUCTION-RELATED GOODS AND SERVICES The Cooperative issued the BuyBoard Procurement and Construction-Related Goods and Services Advisory for Texas Members, which provides information specifically relevant to the procurement of construction-related goods and services by Texas Cooperative members. The advisory is available at https://www.buyboard.com/Vendor/Resources.aspx. An awarded Vendor that sells construction-related goods or services to a Cooperative member under a Contract awarded pursuant to this Proposal Invitation must provide the Cooperative member with a copy of the Advisory before executing a Member Construction Contract (as defined in the general terms and conditions associated with this Proposal Invitation), or accepting the Cooperative member's purchase order for construction-related goods or services, whichever comes first. By signing and submitting the Construction Related Goods and Services Affirmation form in the Proposal Invitation forms, Proposer agrees that, if awarded a contract, Proposer will comply with this and other Advisory requirements in connection with the sale of construction-related goods or services to Cooperative members under the Contract award. CONST.V. 01.12.2018 Page 7 of 71 � Board� Cnoperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com PROFESSIONAL ENGINEERING AND OTHER PROFESSIONAL SERVICES EXCLUDED The scope of services in this Proposal Invitation and any resulting contract award do not include services that are required to be procured under the Professional Services Procurement Act (Chapter 2254 of the Texas Government Code), including without limitation architecture and professional engineering services. DELIVERY RESPONSE Unless otherwise noted in the Proposal (as a deviation) or the Purchase Order, routine delivery response to a Cooperative member shall be within ten (10) business days after receipt of a Purchase Order, and delivery shall be made during the ordering Cooperative member's normal business hours. Any Cooperative member may request emergency delivery. Awarded Vendors shall use their best efforts to comply with rush or emergency requests. However, if the Vendor cannot fulfill the emergency delivery requirements, the Cooperative member may procure the products or services from alternative sources without penalty. ADDITIONAL REQUIREMENTS FOR PURCHASES USING FEDERAL GRANT FUNDS (2 C.F.R. 200 Uniform Guidance / EDGAR): When a Cooperative member seeks to procure goods and services using funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. 200 (sometimes referred to as the "Uniform Guidance" or new "EDGAR'�. All Vendors submitting proposals must complete the EDGAR Vendor Certification Form contained in the Proposal Invitation forms regarding their willingness and ability to comply with certain requirements which may be applicable to specific Cooperative member purchases using federal grant funds. This information will not be used for evaluation purposes but will be made available to Cooperative members for their use while considering their purchasing options when using federal grant funds. Cooperative members may also require Vendors to enter into ancillary agreements, in addition to the BuyBoard contract's general terms and conditions, to address the member's specific contractual needs, including contract requirements for a procurement using federal grants or contracts. CONST.V. 01.12.2018 Page 8 of 71 � Bvard � Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com PROPOSER'S AGREEMENT AND SIGNATURE Proposal Name: Parks and Recreation Equipment Proposal Due Date/Opening Date and Time: and Field Lighting Products January 24, 2019 at 4:00 PM Proposal Number: 592-19 Contract Time Period: October 1, 2019 through September 30, 2020 with two (2) possible one-year renewals. Name of Proposing Company Street Address City, State, Zip Telephone Number of Authorized Company Official Location of Proposal Opening: Texas Association of School Boards, Inc. BuyBoard Department 12007 Research Blvd. Austin, TX 78759 Anticiaated Cooaerative Board Meetin4 Date: July 2019 Date Signature of Authorized Company Official Printed Name of Authorized Company Official Position or Title of Authorized Company Official Fax Number of Authorized Company OfFicial Federal ID Number Page 9 of 71 Proposal Forms CONST v.06.14.2018 � Bvard � Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com The proposing company (��you" or "your'� hereby acknowledges and agrees as follows: You have carefully examined and understand all Cooperative information and documentation associated with this Proposal Invitation, including the Instructions to Proposers, General Terms and Conditions, attachments/forms, item specifications, and line items (collectively ��Requirements'�; By your response (��Proposal") to this Proposal Invitation, you propose to supply the products or services submitted at the prices quoted in your Proposal and in strict compliance with the Requirements, unless specific deviations or exceptions are noted in the Proposal; 3. Any and all deviations and exceptions to the Requirements have been noted in your Proposal and no others will be claimed; 4. If the Cooperative accepts any part of your Proposal and awards you a contract, you will furnish all awarded products or services at the prices quoted and in strict compliance with the Requirements (unless specific exceptions are noted in the Proposal and accepted by the Cooperative), including without limitation the Requirements related to: a. conducting business with Cooperative members, including offering pricing to members that is the best you offer compared to similar customers; b. payment of a service fee in the amount specified and as provided for in this Proposal Invitation; c. the possible award of a piggy-back contract by another governmental entity or nonprofit entity, in which event you will offer the awarded goods and services in accordance with the Requirements; and d. submitting price sheets or catalogs in the proper format as required by the Cooperative as a prerequisite to activation of your contract; 5. You have clearly identified on the included form any information in your Proposal that you believe to be confidential or proprietary or that you do not consider to be public information subject to public disclosure under a Texas Public Information Act request or similar public information law; 6. The individual signing this Agreement is duly authorized to enter into the contractual relationship represented by this Proposal Invitation on your behalf and bind you to the Requirements, and such individual (and any individual signing a form) is authorized and has the requisite knowledge to provide the information and make the representations and certifications required in the Requirements; 7. You have carefully reviewed your Proposal, and certify that all information provided is true, complete and accurate, and you authorize the Cooperative to take such action as it deems appropriate to verify such information; and 8. Any misstatement, falsification, or omission in your Proposal, whenever or however discovered, may disqualify you from consideration for a contract award under this Proposal Invitation or result in termination of an award or any other remedy or action provided for in the General Terms and Conditions or by law. Page 10 of 71 Proposal Forms CONST v.06.14.2018 � Bvard � Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com VENDOR CONTACT INFORMATION Company: Vendor Contact Name and Mailing Address for Notices: Company Website: Purchase Orders: All purchase orders from Cooperative members will be available through the Internet. Vendors need Internet access and at least one e-mail address so that notification of new orders can be sent to the Internet contact when a new purchase order arrives. An information guide will be provided to vendors to assist them with retrieving their orders. Please select options below for receipt of purchase orders and provide the requested information: ❑ I will use the internet to receive purchase orders at the following address. E-mail Address: Internet Contact: Alternate E-mail Address: Alternate Internet Contact: Phone: Phone: ❑ Purchase orders may be received by the Designated Dealer(s) identified on my company's Dealer Designation form as provided to the Cooperative administrator. I understand that my company shall remain responsible for the Contract and the performance of all Designated Dealers under and in accordance with the Contract. Request for Quotes ("RFQ"): Cooperative members will send RFQs to you by e-mail. Please provide e-mail addresses for the receipt of RFQs: E-mail Address: Alternate E-mail Address: Invoices: Your company will be billed monthly for the service fee due under a contract awarded under this Proposal Invitation. All invoices are available on the BuyBoard website and e-mail notifications will be sent when they are ready to be retrieved. Please provide the following address, contact and e-mail information for receipt of service fee invoices and related communications: Page 11 of 71 Proposal Forms CONST v.06.14.2018 � Bvard � Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com Please choose only one (1) of the following options for receipt of invoices and provide the requested information: ❑ Service fee invoices and related communications should be provided directly to my company at: Mailing address: City: Contact Name• Fax: E-mail Address: Alternative E-mail Address: State: Department: Zip Code: Phone: ❑ In lieu of my company, I request and authorize all service fee invoices to be provided directly to the following billing agent**: Mailing address: City: Contact Name• Fax: E-mail Address: Alternative E-mail Address: State: Department: Zip Code: Phone: ❑ In lieu of my company, I request and authorize service fee invoices to be provided to the Designated Dealer(s) receiving the purchase order(s) to which the invoiced service fees relate at the address and contact information designated on my company's Dealer Designation form as provided to the Cooperative administrator.** ** If Vendor authorizes a bil/ing agent or Designated Dea/er(s) to receive and process service fee in voices, in accordance with the Genera/ Terms and Conditions of the Contract, Vendor specifically acknowledges and agrees that nothing in that designation sha/l relieve Vendor ofits responsibi/ities and obligations under the Contract including, but not limited to, payment of all service fees under any Contract awarded Vendor. Page 12 of 71 Proposal Forms CONST v.06.14.2018 � Bvard � Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com FELONY CONVICTION DISCLOSURE AND DEBARMENT CERTIFICATION FELONY CONVICTION DISCLOSURE Subsection (a) of Section 44.034 of the Texas Education Code (Notification of Criminal History of Contractor) states: "A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony." Section 44.034 further states in Subsection (b): "A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract." Please check (,/) one of the followinq: ❑ My COmpdny IS d pUbliCly-held C01'p01'dtl0n. (Advance notice requirement does not apply to publicly-held corporation.) ❑ My company is not owned or operated by anyone who has been convicted of a felony. ❑ My company is owned/operated by the following individual(s) who has/have been convicted of a felony: Name of Felon(s): Details of Conviction(s): By signature below, I certify that the above information is true, complete and accurate and that I am authorized by my company to make this certification. Company Name Signature of Authorized Company Official Printed Name DEBARMENT CERTIFICATION Neither my company nor an owner or principal of my company has been debarred, suspended or otherwise made ineligible for participation in Federal Assistance programs under Executive Order 12549, '�Debarment and Suspension," as described in the Federal Register and Rules and Regulations. Neither my company nor an owner or principal of my company is currently listed on the government-wide exclusions in SAM, debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. My company agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from my company if my company or an owner or principal is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification. Company Name Signature of Authorized Company Official Printed Name Page 13 of 71 Proposal Forms CONST v.06.14.2018 � Bvard � Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com RESIDENT/ NONRESIDENT CERTIFICATION Chapter 2252, Subchapter A, of the Texas Government Code establishes certain requirements applicable to proposers who are not Texas residents. Under the statute, a��resident" proposer is a person whose principal place of business is in Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in Texas. A ��nonresident" proposer is a person who is not a Texas resident. Please indicate the status of your company as a"resident" proposer or a��nonresident" proposer under these definitions. Please check (�/,) one of the following_ ❑ I certify that my company is a Resident Proposer. ❑ I certify that my company is a Nonresident Proposer. If your company is a Nonresident Proposer, you must provide the following information for your resident state (the state in which your company's principal place of business is located): Company Name City Address State Zip Code A. Does your resident state require a proposer whose principal place of business is in Texas to under-price proposers whose resident state is the same as yours by a prescribed amount or percentage to receive a comparable contract? ❑ Yes ❑ No B. What is the prescribed amount or percentage? $ or % VENDOR EMPLOYMENT CERTIFICATION Section 44.031(b) of the Texas Education Code establishes certain criteria that a school district must consider when determining to whom to award a contract. Among the criteria for certain contracts is whether the vendor or the vendor's ultimate parent or majority owner (i) has its principal place of business in Texas; or (ii) employs at least 500 people in Texas. If neither your company nor the ultimate parent company or majority owner has its principal place of business in Texas, does your company, ultimate parent company, or majority owner employ at least 500 people in Texas? Please check (�/,) one of the following_ ❑ Yes ❑ No By signature below, I certify that the information in Sections 1(Resident/Nonresident Certification) and 2(l/endor Emp/oyment Certi�cation) above is true, complete and accurate and that I am authorized by my company to make this certification. Company Name Signature of Authorized Company Official Printed Name Page 14 of 71 Proposal Forms CONST v.06.14.2018 � Bvard � Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com NO ISRAEL BOYCOTT CERTIFICATION Effective September 1, 2017, a Texas governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. (TEx. Gov'T Co�E Ch. 2270) ��Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. TEx. Gov'T CODE §808.001(1�. By signature below, I certify and verify that Vendor does not boycott Israel and will not boycott Israel during the term of any contract awarded under this Proposal Invitation, that this certification is true, complete and accurate, and that I am authorized by my company to make this certification. Company Name Signature of Authorized Company Official Printed Name NO EXCLUDED NATION OR FOREIGN TERRORIST ORGANIZATION CERTIFICATION Effective September 1, 2017, Chapter 2252 of the Texas Government Code provides that a Texas governmental entity may not enter into a contract with a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization — specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.) By signature below, I certify and verify that Vendor is not on the Texas Comptroller's list identified above; that this certification is true, complete and accurate; and that I am authorized by my company to make this certification. Company Name Signature of Authorized Company Official Printed Name Page 15 of 71 Proposal Forms CONST v.06.14.2018 � Bvard � Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com HISTORICALLY UNDERUTILIZED BUSINESS CERTIFICATION A proposer that has been certified as a Historically Underutilized Business (also known as a Minority/Women Business Enterprise or '�MWBE" and all referred to in this form as a��HUB'� is encouraged to indicate its HUB certification status when responding to this Proposal Invitation. The electronic catalogs will indicate HUB certifications for vendors that properly indicate and document their HUB certification on this form. Please check �) all that a�ply: ❑ I certify that my company has been certified as a HUB in the following categories: ❑ Minority Owned Business ❑ Women Owned Business ❑ Service-Disabled Veteran Owned Business (veteran defined by 38 U.S.C. §101(2), who has a service-connected disability as defined by 38 U.S.C. § 101(16), and who has a disability rating of 20% or more as determined by the U. S. Department of Veterans Affairs or Department of Defense) Certification Number: Name of Certifying Agency: ❑ My company has NOT been certified as a HUB. By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification. Company Name Printed Name Signature of Authorized Company Official Page 16 of 71 Proposal Forms CONST v.06.14.2018 � Bvard � Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com CONSTRUCTION-RELATED GOODS AND SERVICES AFFIRMATION A contract awarded under this Proposal Invitation covers only the specific goods and services awarded by the BuyBoard. As explained in the BuyBoard Procurement and Construction Related Goods and Services Advisory for Texas Members (��Advisory'�, Texas law prohibits the procurement of architecture or engineering services through a purchasing cooperative. This BuyBoard contract does not include such services. Architecture or engineering services must be procured by a Cooperative member separately, in accordance with the Professional Services Procurement Act (Chapter 2254 of the Texas Government Code) and other applicable law and local policy. The Advisory, available at buyboard.com/Vendor/Resources.aspx, provides an overview of certain legal requirements that are potentially relevant to a Cooperative member's procurement of construction or construction-related goods and services, including those for projects that may involve or require architecture, engineering or independent testing services. A copy of the Advisory can also be provided upon request. By signature below, the undersigned affirms that Proposer has obtained a copy of the Advisory, has read and understands the Advisory, and is authorized by Proposer to make this affirmation. If Proposer sells construction-related goods or services to a Cooperative member under a BuyBoard contract awarded under this Proposal Invitation, Proposer will comply with the Advisory and applicable legal requirements, make a good faith effort to make its Cooperative member customers or potential Cooperative member customers aware of such requirements, and provide a Cooperative member with a copy of the Advisory before executing a Member Construction Contract with the member or accepting the member's purchase order for construction-related goods or services, whichever comes first. Company Name Signature of Authorized Company Official Printed Name Date Page 17 of 71 Proposal Forms CONST v.06.14.2018 � Bvard � Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com DEVIATION AND COMPLIANCE If your company intends to deviate from the General Terms and Conditions, Proposal Specifications or other requirements associated with this Proposal Invitation, you MUST list all such deviations on this form, and provide complete and detailed information regarding the deviations on this form or an attachment to this form. The Cooperative will consider any deviations in its contract award decision, and reserves the right to accept or reject a proposal based upon any submitted deviation. In the absence of any deviation identified and described in accordance with the above, your company must fully comply with the General Terms and Conditions, Proposal Specifications and all other requirements associated with this Proposal Invitation if awarded a contract under this Proposal Invitation. A deviation will not be effective unless accepted by the Cooperative. The Cooperative may, in its sole discretion, seek clarification from and/or communicate with Proposer(s) regarding any submitted deviation, consistent with general procurement principles of fair competition. The Cooperative reserves the right to accept or reject a proposal based upon any submitted deviation. Please check �) one of the following_ ❑ NO; Deviations ❑ YeS; Deviations List and fully explain any deviations you are submitting: PLEASE PROVIDE THE FOLLOWING INFORMATION: 1. Shipping Via: ❑ Common Carrier ❑ Company Truck ❑ Prepaid and Add to Invoice ❑ Other: 2. Payment Terms: ❑ Net 30 days ❑ 1% in 10/Net 30 days ❑ Other: 3. Number of Days for Delivery: ARO 4. Vendor Reference/Quote Number: 5. State your return policy: 6. Are electronic payments acceptable? ❑Yes ❑ No 7. Are credit card payments acceptable? ❑Yes ❑ No Company Name Signature of Authorized Company Official Printed Name Page 18 of 71 Proposal Forms CONST v.06.14.2018 � Bvard � Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com LOCATION/AUTHORIZED SELLER LISTINGS If you have more than one location/authorized seller that will service a contract awarded under this Proposal Invitation, please list each location/authorized seller below. If additional sheets are required, please duplicate this form as necessary. NOTE: Awarded Vendors shall remain responsible for all aspects of the Contract, including processing of Purchase Orders, and shall be responsible for the performance of all locations and authorized sellers under and in accordance with the Contract. If you are a product manufacturer and wish to designate Designated Dealers as defined in the General Terms and Conditions to receive Cooperative member Purchase Orders on your behalf, you must complete the Manufacturer Designated Dealer form. Company Name Address City Phone Number Contact Person Company Name Address City Phone Number Contact Person State Zip Fax Number State Zip Fax Number Page 19 of 71 Proposal Forms CONST v.06.14.2018 � Bvard � Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com MANUFACTURER DEALER DESIGNATION If Vendor is a manufacturer that sells products through a dealer network and wishes to designate a dealer or multiple dealers (��Designated Dealers'� to receive Cooperative member Purchase Orders on Vendor's behalf, you must complete this form for each dealer you wish to designate. Regardless of any Designated Dealers submitted by Vendor, Vendor specifically agrees and acknowledges that any such designations are for Vendor's convenience only and shall not, if Vendor is awarded a Contract, relieve Vendor of any obligations under the Contract, including payment of Cooperative service fees on all Purchase Orders submitted to Vendor or any Designated Dealer. In accordance with the General Terms and Conditions, an awarded Vendor shall remain responsible and liable for all of its obligations under the Contract and the performance of both Vendor and any of Vendor's Designated Dealers under and in accordance with the Contract and remain subject to all remedies for default thereunder, including, but not limited to suspension and termination of Vendor's Contract for nonpayment of service fees. If awarded, Vendor authorizes the Cooperative, in its sole discretion, to list any Vendor Designated Dealers in the BuyBoard system and to receive Purchase Orders directly from Cooperative members on behalf of Vendor. To the extent a Vendor with Designated Dealers receives a Purchase Order directly, it shall be the responsibility of Vendor to appropriately process such Purchase Order in accordance with the Contract, including but not limited to timely forwarding such Purchase Order to a Designated Dealer for processing. The Cooperative reserves the right, in its sole discretion, to refuse addition of, or request removal of, any Designated Dealer, and Vendor agrees to immediately require such Designated Dealer to cease accepting Purchase Orders or otherwise acting on Vendor's behalf under the Contract. Further, the Cooperative's administrator shall be authorized to remove or suspend any or all Designated Dealers from the BuyBoard at any time in its sole discretion. If you wish to designate a dealer to service a contract awarded under this Proposal Invitation, please list the Designated Dealer below and have this form signed by an official of your company authorized to make such designation. If you wish to designate multiple dealers, please duplicate this form as necessary. Designated Dealer Name Designated Dealer Address City Phone Number Email address Designated Dealer Contact Person Your Company Name State � Fax Number Designated Dealer Tax ID Number* (*attach W-9) Signature of Authorized Company Official Page 20 of 71 Proposal Forms CONST v.06.14.2018 � Bvard � Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com TEXAS REGIONAL SERVICE DESIGNATION The Cooperative (referred to as "Texas Cooperative" in this form and in the State Service Designation form) offers vendors the opportunity to service its members throughout the entire State of Texas. If you do not plan to service all Texas Cooperative members statewide, you must indicate the specific regions you will service on this form. If you propose to serve different regions for different products or services inc/uded in your proposal, you must complete and submit a separate Texas Regiona/ Service Designation form for each group of products and c%arly indicate the products or services to which the designation applies in the space provided at the end of this form. By designating a region or regions, you are certifying that you are authorized and wi/ling to provide the proposed products and services in those regions. Designating regions in which you are either unab/e or unwilling to provide the specified products and services shall be grounds for either rejection of your proposal or, if awarded, termination of your Contract. Additionally, if you do not plan to service Texas Cooperative members (i.e., if you will service only states other than Texas), you must so indicate on this form. ❑ I will service Texas Cooperative members statewide. ❑ I will not service Texas Cooperative members statewide. I will only service members in the regions checked below: Company Name ���: - �..:� : Signature of Authorized Company Official Printed Name �_.� �. ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Region 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Headauarters Edinburg Corpus Christi Victoria Houston Beaumont Huntsville Kilgore Mount Pleasant Wichita Falls Richardson Fort Worth Waco Austin Abilene San Angelo Amarillo Lubbock Midland EI Paso San Antonio ❑ I will not service members of the Texas Cooperative. Page 21 of 71 Proposal Forms CONST v.06.14.2018 Reginnal Education Ser�ice Centers � Bvard� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com If this Texas Regional Service Designation form applies to only one or some of the products and services proposed by Vendor, list the products and services to which this form applies here: Page 22 of 71 Proposal Forms CONST v.06.14.2018 � Bvard� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com STATE SERVICE DESIGNATION The Cooperative offers vendors the opportunity to service other governmental entities in the United States, including intergovernmental purchasing cooperatives such as the National Purchasing Cooperative BuyBoard. You must complete this form if you plan to service the entire United States, or will service only the specific states indicated. (Note: If you p/an to service Texas Cooperative members, be sure that you comp/ete the Texas Regional Ser�ice Designation form.) If you serve different states for different products or services included in your proposal, you must complete and submit a separate State Service Designation form for each group of products and c%arly indicate the products or services to which the designation applies in the space provided at the end of this form. By designating a state or states, you are certifying that you are authorized and wi//ing to provide the proposed products and services in those states. Designating states in which you are either unab/e or unwilling to provide the specified products and services sha// be grounds for either rejection of your proposal or, if awarded, termination of your Contract. Please check �) all that a�ply: ❑ I will service all states in the United States. ❑ I will not service all states in the United States. I will service only the states checked below: Alabama Alaska Arizona Arkansas California (Public Contract Code 20118 & 20652) Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Page 23 of 71 ❑ Nebraska ❑ Nevada ❑ New Hampshire ❑ New Jersey ❑ New Mexico ❑ New York ❑ North Carolina ❑ North Dakota ❑ Ohio ❑ Oklahoma ❑ Oregon ❑ Pennsylvania ❑ Rhode Island ❑ South Carolina ❑ South Dakota ❑ Tennessee ❑ Texas ❑ Utah ❑ Vermont ❑ Virginia ❑ Washington ❑ West Virginia ❑ Wisconsin ❑ Wyoming Proposal Forms CONST v.06.14.2018 � Bvard� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com This form will be used to ensure that you indicated. Your signature below confirms contract awarded under this proposal. can service other governmental entities throughout the United States as that you understand your service commitments during the term of a Company Name Signature of Authorized Company Official Printed Name If this State Service Designation form applies to only one or some of the products and services proposed by Vendor, list the products and services to which this form applies here: Page 24 of 71 Proposal Forms CONST v.06.14.2018 � Bvard� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com NATIONAL PURCHASING COOPERATIVE VENDOR AWARD AGREEMENT In accordance with the Terms and Conditions associated with this Proposal Invitation, a contract awarded under this Proposal Invitation may be ��piggy-backed" by another governmental entity. The National Purchasing Cooperative is an intergovernmental purchasing cooperative formed by certain school districts outside of Texas to serve its members throughout the United States. If you agree to be considered for a piggy-back award by the National Purchasing Cooperative, you agree to the following terms and agree to serve National Purchasing Cooperative members in the states you have indicated on the State Service Designation form, in your Proposal. By signing this form, Proposer (referred to in this Agreement as "Vendor") agrees as follows: 1. Vendor acknowledges that if The Local Government Purchasing Cooperative ("Texas Cooperative") awards Vendor a contract under this Proposal Invitation (��Underlying Award"), the National Purchasing Cooperative (��National Cooperative") may - but is not required to -��piggy-back" on or re-award all or a portion of that Underlying Award (��Piggy-Back Award"). By signing this National Cooperative Vendor Award Agreement ("Agreement"), Vendor accepts and agrees to be bound by any such Piggy-Back Award as provided for herein. 2. In the event National Cooperative awards Vendor a Piggy-Back Award, the National Cooperative Administrator (��BuyBoard Administrator'� will notify Vendor in writing of such Piggy-Back Award, which award shall commence on the efFective date stated in the Notice and end on the expiration date of the Underlying Award, subject to annual renewals as authorized in writing by the BuyBoard Administrator. Vendor agrees that no further signature or other action is required of Vendor in order for the Piggy-Back Award and this Agreement to be binding upon Vendor. Vendor further agrees that no interlineations or changes to this Agreement by Vendor will be binding on National Cooperative, unless such changes are agreed to by its BuyBoard Administrator in writing. 3. Vendor agrees that it shall offer its goods and services to National Cooperative members at the same unit pricing and same general terms and conditions, subject to applicable state laws in the state of purchase, as required by the Underlying Award. However, nothing in this Agreement prevents Vendor from offering National Cooperative members better (i.e., lower) competitive pricing and more favorable terms and conditions than those in the Underlying Award. 4. Vendor hereby agrees and confirms that it will serve those states it has designated on the State Service Designation Form of this Proposal Invitation. Any changes to the states designated on the State Service Designation Form must be approved in writing by the BuyBoard Administrator. 5. Vendor agrees to pay National Cooperative the service fee provided for in the Underlying Award based on the amount of purchases generated from National Cooperative members through the Piggy-Back Award. Vendor shall remit payment to National Cooperative on such schedule as it specifies (which shall not be more often than monthly). Further, upon request, Vendor shall provide National Cooperative with copies of all purchase orders generated from National Cooperative members for purposes of reviewing and verifying purchase activity. Vendor further agrees that National Cooperative shall have the right, upon reasonable written notice, to review Vendor's records pertaining to purchases made by National Cooperative members in order to verify the accuracy of service fees. 6. Vendor agrees that the Underlying Award, including its General Terms and Conditions, are adopted by reference to the fullest extent such provisions can reasonably apply to the post-proposal/contract award phase. The rights and responsibilities that would ordinarily inure to the Texas Cooperative pursuant to the Underlying Award shall inure to National Cooperative; and, conversely, the rights and responsibilities that would ordinarily inure to Vendor in the Underlying Award shall inure to Vendor in this Agreement. Vendor recognizes and agrees that Vendor and National Cooperative are the only parties to this Agreement, and that nothing in this Agreement has application to other third parties, including the Texas Cooperative. In the event of conflict between this Agreement and the terms of the Underlying Award, the terms of this Agreement shall control, and then only to the extent necessary to reconcile the conflict. Proposal Forms CONST v.06.14.2018 Page 25 of 71 � Bvard� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com 7. This Agreement shall be governed and construed in accordance with the laws of the State of Rhode Island and venue for any dispute shall lie in the federal district court of Alexandria, Virginia. 8. Vendor acknowledges and agrees that the award of a Piggy-Back Award is within the sole discretion of National Cooperative, and that this Agreement does not take effect unless and until National Cooperative awards Vendor a Piggy- Back Award and the BuyBoard Administrator notifies Vendor in writing of such Piggy-Back Award as provided for herein. WHEREFORE, by signing below Vendor agrees to the foregoing and warrants that it has the authority to enter into this Agreement. Name of Vendor Proposal Invitation Number Signature of Authorized Company Official Printed Name of Authorized Company Official Date Page 26 of 71 Proposal Forms CONST v.06.14.2018 � Bvard� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com FEDERAL AND STATE/ PURCHASING COOPERATNE EXPERIENCE The Cooperative strives to provide its members with the best services and products at the best prices available from vendors with the technical resources and ability to serve Cooperative members. Please respond to the following questions. Provide the dollar value of sales to or through purchasing cooperatives at or based on an established catalog or market price during the previous 12-month period or the last fiscal year: $ .(The period of the 12 month period is / ). In the event that a dollar value is not an appropriate measure of the sales, provide and describe your own measure of the sales of the item(s). By submitting a proposal, you agree that, based on your written discounting policies, the discounts you offer the Cooperative are equal to or better than the best price you offer other purchasing cooperatives for the same items under equivalent circumstances. Provide the information requested below for other purchasing cooperatives for which Proposer currently serves, or in the past has served, as an awarded vendor. Rows should be added to accommodate as many purchasing cooperatives as required. .. �. . ��. , .�� � . . . ��� �� • •� •• � � ��. . �. 1. Federal General Services Administration 2. T-PASS (State of Texas) 3. U.S. Communities Purchasing Alliance 4. National IPA/TCPN 5. Houston-Galveston Area Council �H�ac) 6. National Joint Powers Alliance (NJPA) 7. E&I Cooperative 8. The Interlocal Purchasing System (TIPS) 9. Other ❑ MY COMPANY DOES NOT CURRENTLY HAVE ANY OF THE ABOVE OR SIMILAR TYPE CONTRACTS. CURRENT BUYBOARD VENDORS If you are a current BuyBoard vendor in the same contract category as proposed in this Proposal Invitation, indicate the discount for your current BuyBoard contract and the proposed discount in this Proposal. Explain any difference between your current and proposed discounts. Current Discount (%): Proposed Discount (%): Explanation: Proposal Forms CONST v.06.14.2018 Page 27 of 71 � Bvard� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification. Company Name Signature of Authorized Company Official Printed Name Proposal Forms CONST v.06.14.2018 Page 28 of 71 � Bvard� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com GOVERNMENTAL REFERENCES For your Proposal to be considered, you must supply a minimum of five (5) individual governmental entity references. The Cooperative may contact any and all references provided as part of the Proposal evaluation. Provide the information requested below, including the existing price/discounts you offer each customer. The Cooperative may determine whether prices/discounts are fair and reasonable by comparing prices/discounts stated in your Proposal with the prices/discounts you offer other governmental customers. Attach additional pages if necessary. Quantity/ Entity Name Contact Phone# Email Address Discount Volume 3. 4 Do you ever modify your written policies or standard governmental sales practices as identified in the above chart to give better discounts (lower prices) than indicated? YES ❑ NO ❑ If YES, please explain: By signature below, I certify that the above is true and correct and that I am authorized by my company to make this certification. Company Name Signature of Authorized Company Official Printed Name Proposal Forms CONST v.06.14.2018 Page 29 of 71 � Bvard� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com MARKETING STRATEGY For your Proposal to be considered, you must submit the Marketing Strategy you will use if the Cooperative accepts all or part of your Proposal. (Example; Explain how your company will initially inform Cooperative members of your BuyBoard contract, and how you will continue to support the BuyBoard for the duration of the contract period.) Attach additional pages if necessary. Company Name Signature of Authorized Company Official Printed Name Proposal Forms CONST v.06.14.2018 Page 30 of 71 � Bvard� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com CONFIDENTIAL/PROPRIETARY INFORMATION A. Public Disclosure Laws All Proposals, forms, documentation, or other materials submitted by Vendor to the Cooperative in response to this Proposal Invitation, including catalogs and pricelists, may be subject to the disclosure requirements of the Texas Public Information Act (Texas Government Code chapter 552.001, et, seq.) or similar disclosure law. Proposer must clearly identify on this form any information in its Proposal (including forms, documentation, or other materials submitted with the Proposal) that Proposer considers proprietary or confidential. If Proposer fails to properly identify the information, the Cooperative shall have no obligation to notify Vendor or seek protection of such information from public disclosure should a member of the public or other third party request access to the information under the Texas Public Information Act or similar disclosure law. Proposer will be notified of any third party request for information in a Proposal that Proposer has identified in this form as proprietary or confidential. Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain information which Vendor considers proprietary or confidential? Please check (�/) one of the followinq: � N�, I certify that none of the information included with this Proposal is considered confidential or proprietary. � YES, I certify that this Proposal contains information considered confidential or proprietary and all such information is specifically identified on this form. If you responded ��YES", you must identify below the specific information you consider confidential or proprietary. List each page number, form number, or other information sufficient to make the information readily identifiable. The Cooperative and its Administrator will not be responsible for a Proposer's failure to clearly identify information considered confidential or proprietary. Further, by submitting a Proposal, Proposer acknowledges that the Cooperative and its Administrator will disclose information when required by law, even if such information has been identified herein as information the vendor considers confidential or proprietary. Confidential / Proprietary Information: (Aftach additional sheets if needed.) Proposal Forms CONST v.06.14.2018 Page 31 of 71 � Bvard� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com B. Copvriaht Information Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain copyright information? Please check (�/) one of the following: � N�� Proposal (including forms, documentation, or other materials submitted with the Proposal) does not contain copyright information. ❑ YES, Proposal (including forms, documentation, or other materials submitted with the Proposal) does contain copyright information. If you responded ��YES", identify below the specific documents or pages containing copyright information. Copyright Information: (Attach adclitionalsheets ifneeded) C. Consent to Release Confidential/Proprietary/Copyright Information to BuyBoard Members BuyBoard members (Cooperative and nonprofit members) seeking to make purchases through the BuyBoard may wish to view information included in the Proposals of awarded Vendors. If you identified information on this form as confidential, proprietary, or subject to copyright, and you are awarded a BuyBoard contract, your acceptance of the BuyBoard contract award constitutes your consent to the disclosure of such information to BuyBoard members, including posting of such information on the secure BuyBoard website for members. Note: Neither the Cooperative nor its Administrator will be responsible for the use or distribution of information by BuyBoard members or any other party. D. Consent to Release Proposal Tabulation Notwithstanding anything in this Confidential/Proprietary Information form to the contrary, by submitting a Proposal, Vendor consents and agrees that, upon Contract award, the Cooperative may publically release, including posting on the public BuyBoard website, a copy of the proposal tabulation for the Contract including Vendor name; proposed catalog/pricelist name(s); proposed percentage discount(s), hourly labor rate(s), or other specified pricing; and Vendor award or non-award information. By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by my company to make this certification and all consents and agreements contained herein. Company Name Signature of Authorized Company Official Printed Name Date Proposal Forms CONST v.06.14.2018 Page 32 of 71 � Bvard� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com VENDOR BUSINESS NAME By submitting a Proposal, Proposer is seeking to enter into a legal contract with the Cooperative. As such, a Proposer must be an individual or legal business entity capable of entering into a binding contract. Proposers, must completely and accurately provide the information requested below or your Proposal may be deemed non-responsive. Name of Proposing Company: (List the /eaa/ name of the company seeking to contract with the Cooperative. Do NOT list an assumed name, dba, aka, etc. here. Such information may be provided be%w. If you are submifting a joint proposal with another entity to provide the same proposed goods or seruices, each submitting entity should complete a separate vendor information form. Separately operating legal business entities, even if a�liated entities, which propose to provide goocls or services separately must submit their own Proposals.J Please check (� one of the followinc� Tvpe of Business: Individual/Sole Proprietor Corporation Limited Liability Company Partnership Other If other, identify State of Incorporation ��f appi�cabie): Federal Employer ldentification Number: (�endor must include a completed IRS W-9 form with their proposal) List the Name(s) by which Vendor, if awarded, WISh2S t0 be Identlfl2d Ofl the BUyBOdrCI: (Note: If different than the Name of Proposing Company listed above, only ualid trade names (dba, aka, etc.) of the Proposing Company may be used and a copy of your Assumed Name Certificate(s), if applicable, must be aftached. J Proposal Forms CONST v.06.14.2018 Page 33 of 71 � Bvard� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com EDGAR VENDOR CERTIFICATION (2 CFR Part 200 and Appendix II) When a Cooperative member seeks to procure goods and services using funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR 200 (sometimes referred to as the ��Uniform Guidance" or new ��EDGAR'�. All Vendors submitting proposals must complete this EDGAR Certification Form regarding Vendor's willingness and ability to comply with certain requirements which may be applicable to specific Cooperative member purchases using federal grant funds. This completed form will be made available to Cooperative members for their use while considering their purchasing options when using federal grant funds. Cooperative members may also require Vendors to enter into ancillary agreements, in addition to the BuyBoard contract's general terms and conditions, to address the member's specific contractual needs, including contract requirements for a procurement using federal grants or contracts. For each of the items be%w, Vendor shou/d certify Vendor's agreement and ability to comply, where applicable, by having Vendor's authorized representative comp/ete and initia/ the applicable boxes and sign the acknowledgment at the end of this form. If you fail to comp/ete any item in this form, the Cooperative will consider and may list the Vendor's response on the BuyBoard as "NO,"the Vendor is unab/e or unwi/ling to comply, A��NO" response to any of the items may, if applicable, impact the ability of a Cooperative member to purchase from the Vendor using federal funds. 1. Vendor Violation or Breach of Contract Terms: Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 USC 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Provisions regarding Vendor default are included in the BuyBoard General Terms and Conditions, including Section E.18, Remedies for Default and Termination of Contract. Any Contract award will be subject to such BuyBoard General Terms and Conditions, as well as any additional terms and conditions in any Purchase Order, Cooperative member ancillary contract, or Member Construction Contract agreed upon by Vendor and the Cooperative member which must be consistent with and protect the Cooperative member at least to the same extent as the BuyBoard Terms and Conditions. The remedies under the Contract are in addition to any other remedies that may be available under law or in equity. By submitting a Proposal, you agree to these Vendor violation and breach of contract terms. 2. Termination for Cause or Convenience: For any Cooperative member purchase or contract in excess of $10,000 made using federal funds, you agree that the following term and condition shall apply: The Cooperative member may terminate or cancel any purchase order under this Contract at any time, with or without cause, by providing seven (7) business days advance written notice to the �endor. If this Agreement is terminated in accordance with this Paragraph, the Cooperative member shall on/y be required to pay �endor for goods or ser�ices delivered to the Cooperative member prior to the termination and not otherwise returned in accordance with l/endors return po/icy. If the Cooperative member has paid �endor for goods or ser�ices not yet provided as of the date of termination, �endor shall immediately refund such payment(s). If an alternate provision for termination of a Cooperative member purchase for cause and convenience, including the manner by which it will be effected and the basis for settlement, is included in the Cooperative member's purchase order, ancillary agreement, or Member Construction Contract agreed to by the Vendor, the Cooperative member's provision shall control. Proposal Forms CONST v.06.14.2018 Page 34 of 71 � Bvard� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com 3. Equal Employment Opportunity: Except as otherwise provided under 41 CFR Part 60, all Cooperative member purchases or contracts that meet the definition of ��federally assisted construction contract" in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, ��Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, ��Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR Part 60, ��Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Vendor agrees that such provision applies to any Cooperative member purchase or contract that meets the definition of ��federally assisted construction contract" in 41 CFR Part 60-1.3 and Vendor aqrees that it shall complv with such provision. 4. Davis-Bacon Act: When required by Federal program legislation, Vendor agrees that, for all Cooperative member prime construction contracts/purchases in excess of $2,000, Vendor shall comply with the Davis-Bacon Act (40 USC 3141-3144, and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction'�. In accordance with the statute, Vendor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determinate made by the Secretary of Labor. In addition, Vendor shall pay wages not less than once a week. Current prevailing wage determinations issued by the Department of Labor are available at wdol.gov. Vendor agrees that, for any purchase to which this requirement applies, the award of the purchase to the Vendor is conditioned upon Vendor's acceptance of the wage determination. Vendor further agrees that it shall also comply with the Copeland '�Anti-Kickback" Act (40 USC 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, ��Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. 5. Contract Work Hours and Safety Standards Act: Where applicable, for all Cooperative member contracts or purchases in excess of $100,000 that involve the employment of mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 USC 3702 of the Act, Vendor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 USC 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6. Right to Inventions Made Under a Contract or Agreement: If the Cooperative member's Federal award meets the definition of "funding agreement" under 37 CFR 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance or experimental, developmental, or research work under that ��funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Vendor agrees to comply with the above requirements when applicable. Proposal Forms CONST v.06.14.2018 Page 35 of 71 � Bvard� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com 7. Clean Air Act and Federal Water Pollution Control Act: Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act (33 USC 1251-1387), as amended — Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401- 7671q.) and the Federal Water Pollution Control Act, as amended (33 USC 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). When required, Vendor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act. 8. Debarment and Suspension: Debarment and Suspension (Executive Orders 12549 and 12689) — A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), ��Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that Vendor is not currently listed on the government-wide exclusions in SAM, is not debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor further agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from Vendor if Vendor is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9. Byrd Anti-Lobbying Amendment: Byrd Anti-Lobbying Amendment (31 USC 1352) -- Vendors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. As applicable, Vendor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352). 10. Procurement of Recovered Materials: For Cooperative member purchases utilizing Federal funds, Vendor agrees to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information and certifications as a Cooperative member may require to confirm estimates and otherwise comply. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery, and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11. Profit as a Separate Element of Price: For purchases using federal funds in excess of $150,000, a Cooperative member may be required to negotiate profit as a separate element of the price. See, 2 CFR 200.323(b). When required by a Cooperative member, Vendor agrees to provide information and negotiate with the Cooperative member regarding profit as a separate element of the price for a particular purchase. However, Vendor agrees that the total price, including profit, charged by Vendor to the Cooperative member shall not exceed the awarded pricing, including any applicable discount, under Vendor's Cooperative Contract. Proposal Forms CONST v.06.14.2018 Page 36 of 71 � Bvard� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com 12. General Compliance and Cooperation with Cooperative Members: In addition to the foregoing specific requirements, Vendor agrees, in accepting any Purchase Order from a Cooperative member, it shall make a good faith effort to work with Cooperative members to provide such information and to satisfy such requirements as may apply to a particular Cooperative member purchase or purchases including, but not limited to, applicable recordkeeping and record retention requirements. Vendor Certification: YES, I agree or Vendor Certification Item No. NO, I do NOT a ree Initial 1. Vendor Violation or Breach of Contract Terms 2. Termination for Cause or Convenience 3. Equal Employment Opportunity 4. Davis-Bacon Act 5. Contract Work Hours and Safety Standards Act 6. Right to Inventions Made Under a Contract or Agreement 7. Clean Air Act and Federal Water Pollution Control Act 8. Debarment and Suspension 9. Byrd Anti-Lobbying Amendment 10. Procurement of Recovered Materials 11. Profit as a Separate Element of Price 12. General Compliance and Cooperation with Cooperative Members By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by my company to make this certification and all consents and agreements contained herein. Company Name Signature of Authorized Company Official Printed Name Proposal Forms CONST v.06.14.2018 Page 37 of 71 � Bvard� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com PROPOSAL INVITATION QUESTIONNAIRE The Cooperative will use your responses to the questions below in evaluating your Proposal and technical and financial resources to provide the goods and perform the services (��Work'� under the BuyBoard contract contemplated by this Proposal Invitation ("Contract'�. Proposers must fully answer each question, numbering your responses to correspond to the questions/numbers below. Proposers must complete below or attach your responses to this questionnaire, sign where indicated below, and submit the signed questionnaire and your responses to all questions in one document with your Proposal. You must submit the signed questionnaire and responses with your Proposal or the Proposal will not be considered. 1. List the number of years Proposer has been in business and former business names (if applicable). Note whether your company is currently for sale or involved in any transaction that would significantly alter its business or result in acquisition by another entity. 2. Describe Proposer's direct experience (not as a subcontractor) performing the work proposed under this contract. Include a brief description of the projects you have completed for Texas governmental entities in the last 5 years, and include for each the project name, scope, value, and date, and the name of the procuring government entity and entity contact person. Identify the contracts that best represent Proposer's capabilities relative to this contract. 3. Describe the resources Proposer has to manage staff and successfully perform the Work contemplated under this Contract. State the number and summarize the experience of company personnel who may be utilized for the Work, including those who will be available to Cooperative members for assistance with project development, technical issues, and product selection for Work associated with this Contract. Proposal Forms CONST v.06.14.2018 Page 38 of 71 � Bvard� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com 4. The Contract does not include architectural or engineering services, which must be procured separately, outside of the Cooperative, in accordance with Chapter 2254 of the Texas Government Code (Professional Services Procurement Act). If you are performing work under the contract on a project that requires the services of an architect or professional engineer, how will you work with a Cooperative member and its designated architect or engineer with respect to services that must be procured outside the contract? 5. Describe the tasks and functions that can be completed by Proposer in-house without the use of a subcontractor or other third party. 6. Describe Proposer's financial capability to perform the Contract. State or describe the firm's financial strength and rating, bonding capacity, and insurance coverage limits. State whether the firm, or any of the firm's past or present owners, principal shareholders or stockholders, or officers, have been a debtor party to a bankruptcy, receivership, or insolvency proceeding in the last 7 years, and identify any such debtor party by name and relationship to or position with your firm. 7. Does your company have any outstanding financial judgments and/or is it currently in default on any loan or financing agreement? If so, provide detailed information on the nature of such items and prospects for resolution. Proposal Forms CONST v.06.14.2018 Page 39 of 71 � Bvard� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com 8. List all contracts, if any, in the last 10 years on which Proposer has defaulted, failed to complete or deliver the work, or that have been terminated for any reason. Include any contract for which the surety was notified of a potential claim in regards to a payment or performance bond. For each such contract, provide the project name, scope, value and date and the name of the procuring entity. Fully explain the circumstances of the default, notice to surety, failure to complete or deliver the work, or termination. List all litigation or other legal proceedings (including arbitration proceedings and/or claims filed with a surety in regards to a payment or performance bond), if any, in the last 10 years brought against your firm, or any of the firm's past or present owners, principal shareholders or stockholders, officers, agents or employees, that relates to or arises from a contract similar to this Contract or the work contemplated under this Contract. Provide the style of the lawsuit or proceeding (name of parties and court or tribunal in which filed), if applicable, nature of the claim, and resolution or current status. 10. Describe in detail the quality control system Proposer will use, including third party auditing certification, to support the long-term performance and structural strength of the products to be used in a project under the Contract. 11. If the work will require Proposer to tender performance or payment bonds, provide the name of the bonding company or surety that will issue such bonds. Proposal Forms CONST v.06.14.2018 Page 40 of 71 � Bvard� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com 12. Describe in detail all documented safety issues, if any, that have involved Proposer in the last three (3) years related to the type of work contemplated under this contract. Provide a 3-year history of your firm's workers compensation experience modifier. By signature below, I certify that the information contained in and/or attached to this Proposal Invitation Questionnaire in response to the above questions is true and correct and that I am authorized by my company to make this certification. Company Name Signature of Authorized Company Official Proposal Forms CONST v.06.14.2018 Page 41 of 71 � Bvard� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com REQUIRED FORMS CHECKLIST (Please check (�) the following) ❑ Completed: Proposer's Agreement and Signature ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Completed: Vendor Contact Information Completed: Felony Conviction Disclosure and Debarment Certification Completed: Resident/Nonresident Certification Completed: No Israel Boycott Certification Completed: No Excluded Nation or Foreign Terrorist Organization Certification Completed: Historically Underutilized Business (HUB) Certification) Completed: Construction Related Goods and Services Affirmation Completed: Deviation/Compliance Completed: Location/Authorized Seller Listings Completed: Manufacturer Dealer Designation Completed: Texas Regional Service Designation Completed: State Service Designation Completed: National Purchasing Cooperative Vendor Award Agreement Completed: Federal and State/Purchasing Cooperative Experience Completed: Governmental References Completed: Marketing Strategy Completed: Confidential/Proprietary Information Completed: Vendor Business Name with IRS Form W-9 Completed: EDGAR Vendor Certification Completed: Proposal Invitation Questionnaire Completed: Required Forms Checklist Completed: Proposal Specification Form with Catalogs/Pricelists and Manufacturer Authorization Letters *Catalogs/P�icelists must be submitted with proposal response or response will not be considered. Proposal Forms CONST v.06.14.2018 Page 42 of 71 �Board° Caopentive Pu�chasing Proposal Invitation No. 592-19-Parks and Recreation Equipment and Field Lighting Products (Catalogs/Pricelists must be submitted with Proposal or Proposal will not be consideredl.) NOTE 1: Vendors proposing various manufacturer product lines per line item on the Proposal Specification Form must submit the information as follows or proposal may not be considered: �lanufacturers shall be listed in alphabetical order OVendor's must list one specific percentage discount for each Manufacturer listed. If a vendor's response to Proposal Specification Form states "please see attachment sheet," all manufacturers listed on the attachment sheet must indicate per manufacturer the line item that correlates to Proposal Specification Form or Vendor's proposal may not be considered. NOTE 2: Vendors proposing must be approved by the manufacturer to sell, install, and service the brand of equipment submitted. Proposer's responding to this Proposal Invitation should submit an approval letter from each manufacturer. Manufacturer authorization letters must include the regions in which equipment may be sold. Section I: Park Equipment, Products, and Supplies State Percent (%) Item of Discount off State Name of Exceptions to No. Short Description Full Description Catalog/Pricelistl Catalog/Pricelistl Discount Discount (%) Off Catalog/Pricelist for Please state the discount (%) off catalog/pricelist for Park and o 1 Park and Playground P�ayground Equipment, Attachments, and Accessories. �o Catalog/Pricelist MUST be included or proposal will not be considered. Equipment Discount (%) Off please state the discount (%) off catalog/pricelist for Park and 2 Catalog/Pricelist for playground Sports Equipment. Catalog/Pricelist MUST be included or % Park and Playground proposal will not be considered. Sports Equipment Discount (%) Off Please state the discount (%) off catalog/pricelist for Park and 3 Catalog/Pricelist for Playground Amenities (tables, benches, litter receptacles and o�o Park and Playground similar related equipment). cacaioy/Pr�cerst MusT ne �ociuded or Amenities proposal will not be considered. Discount (%) Off Please state the discount (%) off catalog/pricelist for Park and 4 Catalog/Pricelist for Playground Drinking Fountains, Attachments, and o�o Park and Playground ACCe5501'125. Catalog/Pricelist MUST be included or proposal will not be Drinking Fountains considered. Discount (%) Off Catalog/Pricelist for Please state the discount (%) off catalog/pricelist for Park and Q 5 Park and Playground P�ayground Safety SurFacing Products. Catalog/Pricelist MUST be �o included or proposal will not be considered. Safety Surfacing PROPOSAL NOTE PROPOSAL SPECIFICATION FORM 1. Catalogs/Pricelists are required to be submitted with Proposal Page 43 of 71 �Board° Caopentive Pu�chasing Proposal Invitation No. 592-19-Parks and Recreation Equipment and Field Lighting Products (Catalogs/Pricelists must be submitted with Proposal or Proposal will not be consideredl.) State Percent (%) Item of Discount off State Name of Exceptions to No. Short Description Full Description Catalog/Pricelist1 Catalog/Pricelist1 Discount Discount (%) Off Catalog/Pricelist for Please state the discount (%) off catalog/pricelist for Park and 0 6 Park and Playground Pldj/91'OUlld BIkCS. Catalog/Pricelist MUST be included or proposal will �o not be considered. Bikes Discount (%) Off Catalog/Pricelist for Please state the discount (%) off catalog/pricelist for Park and 7 Park and Playground Playground Animal Washing Stations. cacaioy/Priceiist MusT be % Animal Washing included or proposal will not be considered. Stations Discount (%) Off please state the discount (%) off catalog/pricelist for Shade $ Catalog/Pricelist for Canopies and Structures, Attachments, and Accessories. % Shade Canopies and Catalog/Pricelist MUST be included or proposal will not be considered. Structures Discount (%) Off Please state the discount (%) off catalog/pricelist for Portable Catalog/Pricelist for Restrooms, Pre-fabricated Portable Park Buildings and 9 Portable Restrooms, Shelters (picnic shelters, cabins, pavilions and similar related % Portable Park p0ltabl2 bUlldlllg5). Catalog/Pricelist MUST be included or proposal will Buildings and Shelters not be considered. Discount (%) Off Please state the discount (%) off catalog/pricelist for Aquatic 10 Catalog/Pricelist for playground and Pool Equipment, Attachments, and o�o Aquatic Playground ACCe5501'IeS. Catalog/Pricelist MUST be included or proposal will not be and Pool Equipment considered. Discount (%) Off Please state the discount (%) off catalog/pricelist for Skate Park 11 Catalog/Pricelist for Products, Attachments, and Accessories. Catalog/Pricelist MUST % Skate Parks be included or proposal will not be considered. Discount (%) Off Please state the discount (%) off catalog/pricelist for Water Park 12 Catalog/Pricelist for Products, Attachments, and Accessories. cacaioy/Pr�cerst MusT % Water Parks be included or proposal will not be considered. PROPOSAL NOTE PROPOSAL SPECIFICATION FORM 1. Catalogs/Pricelists are required to be submitted with Proposal Page 44 of 71 �Board° Caopentive Pu�chasing Proposal Invitation No. 592-19-Parks and Recreation Equipment and Field Lighting Products (Catalogs/Pricelists must be submitted with Proposal or Proposal will not be consideredl.) State Percent (%) Item of Discount off State Name of Exceptions to No. Short Description Full Description Catalog/Pricelist1 Catalog/Pricelist1 Discount Discount (%) Off Please state the discount (%) off catalog/pricelist for Lake, River 13 Catalog/Pricelist for and Waterway Equipment (dock floats, decking, waterway o�o Lake, River and barriers, buoys, markers, and similar related equipment). Waterway Equipment Catalog/Pricelist MUST be included or proposal will not be considered. Discount (%) Off Catalog/Pricelist for Please state the discount (%) off catalog/pricelist for Outdoor 14 Outdoor Bleacher and B�eacher and Seating Systems, Attachments, and Accessories. % Catalog/Pricelist MUST be included or proposal will not be considered. Seating Systems Discount (%) Off Please state the discount (%) off catalog/pricelist for Outdoor 15 Catalog/Pricelist for Scoreboards, Attachments, and Accessories. cataioy/Priceiisc % Outdoor Scoreboards MUST be included or proposal will not be considered. Discount (%) Off please state the discount (%) off catalog/pricelist for Signage and 16 Catalog/Pricelist for Marquees, Attachments, and Accessories. cataioy/rriceiist Musr % Signage and be included or proposal will not be considered. Marquees Discount (%) OfF Please state the discount (%) off catalog/pricelist for Fireworks Catalog/Pricelist for Display Services (services shall include the products, labor, licenses 17 and resources necessary to coordinate and perform such displays for % Fireworks Display Services COOp2fatlVe I11eI11b2f5). Catalog/Pricelist MUST be included or proposal will not be considered. Discount (%) Off Catalog/Pricelist for All Please state the discount (%) off catalog/pricelist for All Other Parks 18 Other Parks and and Recreation Equipment/Products, Attachments, and o�o Recreation Accessories. catalog/Pricelist MusT be included or proposal will not be considered. Equipment/Products PROPOSAL NOTE PROPOSAL SPECIFICATION FORM 1. Catalogs/Pricelists are required to be submitted with Proposal Page 45 of 71 �Board° Caopentive Pu�chasing Proposal Invitation No. 592-19-Parks and Recreation Equipment and Field Lighting Products (Catalogs/Pricelists must be submitted with Proposal or Proposal will not be consideredl.) Section II: Field Lighting Products - Vendors shall provide a catalog/pricelist that includes the manufacturer design number, light system fixtures, equipment and pricing associated with all rypes of field lighting products for various pole setbacks, base paths and foot candle ranges. Prices for lighting system equipment shall be based on various wind speeds (i.e. 90 MPH, 110 MPH, 130 MPH) and shall include delivery and meet the most recent IBC building code requirements. An awarded Vendor must be approved by the manufacturer to sell, install, and service the brand of equipment submitted. Pronoser's resnondina to this Proposal Invitation should submit an approval letter from each manufacturer. Manufacturer authorization letters must include the regions in which equipment may be sold. State Percent (%) Item of Discount off State Name of Exceptions to No. Short Description Full Description Catalog/Pricelist1 Catalog/Pricelist1 Discount Discount (%) Off please state the discount (%) off catalog/pricelist for Football Field Catalog/Pricelist for o 19 Football Field Lighting Lighting Products, Equipment and related items. /o Catalog/Pricelist MUST be included or proposal will not be considered. Products Discount (%) Off please state the discount (%) off catalog/pricelist for Baseball Field Catalog/Pricelist for o Z� Baseball Field Lighting Lighting Products, Equipment and related items. �o Catalog/Pricelist MUST be included or proposal will not be considered. Products Discount (%) Off please state the discount (%) off catalog/pricelist for Softball Field Catalog/Pricelist for o Z1 Softball Field Lighting ��ghting Products, Equipment and related items. �o Catalog/Pricelist MUST be included or proposal will not be considered. Products Discount (%) Off Catalog/Pricelist for Please state the discount (%) off catalog/pricelist for Soccer Field o Zz Soccer Field Lighting Lighting Products, Equipment and related items. /o Catalog/Pricelist MUST be included or proposal will not be considered. Products Discount (%) Off Catalog/Pricelist for Please state the discount (%) off catalog/pricelist for Tennis Court o 23 Tennis Court Lighting Lighting Products, Equipment and related items. �o Catalog/Pricelist MUST be included or proposal will not be considered. Products Discount (%) Off please state the discount (%) off catalog/pricelist for All Other 24 Catalog/Pricelist for All Lighting Products, Equipment and related items. % Other Field Lighting Catalog/Pricelist MUST be included or proposal will not be considered. Products PROPOSAL NOTE PROPOSAL SPECIFICATION FORM 1. Catalogs/Pricelists are required to be submitted with Proposal Page 46 of 71 �Board° Caopentive Pu�chasing Proposal Invitation No. 592-19-Parks and Recreation Equipment and Field Lighting Products (Catalogs/Pricelists must be submitted with Proposal or Proposal will not be consideredl.) Section III: Repair/Replacement Parts State Percent (%) Item of Discount off State Name of Exceptions to No. Short Description Full Description Catalog/Pricelistl Catalog/Pricelistl Discount Discount (%) Off Catalog/Pricelist for Please state the discount (%) off catalog/pricelist for 25 Repair/Replacement Repair/Replacement Parts on Parks and Recreation Products. % Parts on Parks and Catalog/Pricelist MUST be included or proposal will not be considered. Recreation Products Section IV: Installation and Repair Service for Park and Playground Equipment and Products - Vendors charging for installation and repair on a hourly basis must provide the not to exceed hourly labor rate in Item 26. Vendors charging for installation as a percentage of the total cost of equipment/products must complete Item 27 and provide both Vendor's detailed installation rate and the proposed percent discount off Vendor's installation rate. Exceptions to Item Not to Exceed Detailed Information Hourly Labor No. Short Description Full Description Hourly Labor Rate on Hourly Labor Rate Rate Not to Exceed Hourly Labor Rate for Hourly Labor Rate for Installation/Repair Service of Park and 26 Installation/Repair Playground Equipment and Products - State the Not to Exceed Service of Park and hourly labor rate for Installation/Repair Service of Equipment and � /Hour Playground Equipment Products. and Products State Percent (%) Item of Discount off Detailed Information Exceptions to No. Short Description Full Description Installation Rate on Installation Rate Discount Discount (%) Off the Installation Rate for Please state the discount (%) off from the Installation Rate ONLY 27 Park and Playground of Park and Playground Equipment and Products (for labor as a % Equipment and percent (%) of the total cost of equipment/products to be installed). Products PROPOSAL NOTE PROPOSAL SPECIFICATION FORM 1. Catalogs/Pricelists are required to be submitted with Proposal Page 47 of 71 �Board° Caopentive Pu�chasing Proposal Invitation No. 592-19-Parks and Recreation Equipment and Field Lighting Products (Catalogs/Pricelists must be submitted with Proposal or Proposal will not be consideredl.) Section V: Installation and Repair Service for Other Parks and Recreation Equipment and Products Exceptions to Item Not to Exceed Detailed Information Hourly Labor No. Short Description Full Description Hourly Labor Rate on Hourly Labor Rate Rate Not to Exceed Hourly Hourly Labor Rate for Installation/Repair Service of Shade Labor Rate for Canopies, Equipment and Products - State the Not to Exceed 28 Installation/Repair hourly labor rate for Installation/Repair Service of Equipment and � /Hour Service of Shade products. Canopies Not to Exceed Hourly Labor Rate for Hourly Labor Rate for Installation/Repair Service of Portable 29 Installation/Repair Restrooms, Park Buildings and Shelters - State the Not to � /Hour Service of Portable Exceed hourly labor rate for Installation/Repair Service of Equipment Restrooms, Park and Products. Buildings and Shelters Not to Exceed Hourly Labor Rate for Hourly Labor Rate for Installation/Repair Service of Aquatic Installation/Repair Playground Equipment and Products - State the Not to Exceed 30 Service of Aquatic hourly labor rate for Installation/Repair Service of Equipment and � /Hour Playground Equipment Products. and Products Not to Exceed Hourly Labor Rate for Hourly Labor Rate for Installation/Repair Service of Skate 31 Installation/Repair park Equipment and Products - State the Not to Exceed hourly $ /Hour Service of Skate Park labor rate for Installation/Repair Service of Equipment and Products. Equipment and Products Not to Exceed Hourly Labor Rate for Hourly Labor Rate for Installation/Repair Service of Water 32 Installation/Repair park Equipment and Products - State the Not to Exceed hourly $ /Hour Service of Water Park Equipment and labor rate for Installation/Repair Service of Equipment and Products. Products PROPOSAL NOTE PROPOSAL SPECIFICATION FORM 1. Catalogs/Pricelists are required to be submitted with Proposal Page 48 of 71 �Board° Caopentive Pu�chasing Proposal Invitation No. 592-19-Parks and Recreation Equipment and Field Lighting Products (Catalogs/Pricelists must be submitted with Proposal or Proposal will not be consideredl.) Exceptions to Item Not to Exceed Detailed Information Hourly Labor No. Short Description Full Description Hourly Labor Rate on Hourly Labor Rate Rate Not to Exceed Hourly Hourly Labor Rate for Installation/Repair Service of Lake, Labor Rate for River and Waterway Equipment (dock floats, decking, 33 Installation/Repair Waterway barriers, buoys and markers, similar related $ /Hour Service of Lake, River equipment.) - State the Not to Exceed hourly labor rate for and Waterway Equipment Installation/Repair Service of Equipment and Products. Not to Exceed Hourly Labor Rate for Hourly Labor Rate for Installation/Repair Service of Outdoor 34 Installation/Repair g�eachers and Seating Systems - State the Not to Exceed hourly $ /Hour Service of Outdoor labor rate for Installation/Repair Service of Equipment and Products. Bleachers and Seating Systems Not to Exceed Hourly Labor Rate for Hourly Labor Rate for Installation/Repair Service of Outdoor 35 Installation/Repair Scoreboards - State the Not to Exceed hourly labor rate for $ /Hour Service of Outdoor Installation/Repair Service of Equipment and Products. Scoreboards Not to Exceed Hourly Labor Rate for Hourly Labor Rate for Installation/Repair Service of Signage Installation/Repair products, Marquees, Similar Related Equipment - State the Not 36 Service of Signage — $ /Hour Products, Marquees, to Exceed hourly labor rate for Installation/Repair Service of Similar Related Equipment and Products. Equipment Not to Exceed Hourly Labor Rate for Installation/Repair Hourly Labor Rate for Installation/Repair Service of Natural 37 Service of Natural Grass Turf Removal, Tilling or Grading related to Parks and � /Hour Grass Turf Removal, Recreation - State the Not to Exceed hourly labor rate for Tilling or Grading Installation/Repair Service of Equipment and Products. related to Parks and Recreation PROPOSAL NOTE PROPOSAL SPECIFICATION FORM 1. Catalogs/Pricelists are required to be submitted with Proposal Page 49 of 71 �Board° Caopentive Pu�chasing Proposal Invitation No. 592-19-Parks and Recreation Equipment and Field Lighting Products (Catalogs/Pricelists must be submitted with Proposal or Proposal will not be consideredl.) Exceptions to Item Not to Exceed Detailed Information Hourly Labor No. Short Description Full Description Hourly Labor Rate on Hourly Labor Rate Rate Not to Exceed Hourly Labor Rate for Hourly Labor Rate for Installation/Repair Service of All Installation/Repair Other Park and Recreation Related Equipment and Products - 38 Service of All Other State the Not to Exceed hourly labor rate for Installation/Repair � /Hour Park and Recreation Service of Equipment and Products. Related Equipment and Products Section VI: Installation and Repair Service for Field Lighting Products - Vendors proposing to provide Installation and Repair Service for Field Lighting Products may propose either a not-to-exceed hourly labor rate or a coefficient from the RSMeans Unit Price Book, or both. A coefficient proposed should be the price multiplier that vendor proposes to be applied to the unit price book(s) identified in the Proposal specifications. Coefficients shall be "neY' (e.g. 1.0) or a percentage ��decrease from" (e.g. 0.95) or ��increase from" (e.g. 1.21) the unit prices listed in the unit price book. Coefficient factors are to be carried no further than two (2) decimal places. Exceptions to Item Not to Exceed Detailed Information Hourly Labor No. Short Description Full Description Hourly Labor Rate on Hourly Labor Rate Rate Not to Exceed Hourly Labor Rate for Hourly Labor Rate for Installation/Repair Service of Field 39 Installation/Repair Lighting Products - State the Not to Exceed hourly labor rate for $ /Hour Service of Field Installation/Repair Service of Equipment and Products. Lighting Products DEFINE SERVICES PrOpOSeI''S Clearly defne the services that are proposed to be Item Coefficient provided and attach detailed information. (NOTE: IF DETAILED INFORMATION IS NOT SUBMITTED, NO. Short Description Full Description (RSMeans) PROPOSAL WILL NOT BE CONSIDERED!!) Coefficient for Coefficient for Standard Hours as listed in RSMeans Cost Data 40 Standard Hours Book -- RSMeans Cost Data from the Total INCL 0&P column (most (RSMeans) current edition). Coefficient for Non- Coefficient for Non-Standard Hours as listed in RSMeans Cost 41 Standard Hours Data Book -- RSMeans Cost Data from the Total INCL 0&P column (RSMeans) (most current edition). PROPOSAL NOTE PROPOSAL SPECIFICATION FORM 1. Catalogs/Pricelists are required to be submitted with Proposal Page 50 of 71 � Board� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com GENERAL TERMS AND CONDITIONS A. General Provisions 1. Statement of Inclusion/Applicability These General Terms and Conditions (��Terms and Conditions'� apply to this Proposal Invitation and the proposing company's response to this Proposal Invitation, and are an integral part of any contract which is awarded by the Cooperative under this Proposal Invitation and any related Cooperative member Purchase Order or construction contract as described in these Terms and Conditions. 2. Organization and Section Titles The provisions of these Terms and Conditions are generally organized according to the stages of the procurement process: proposal, evaluation, award and performance. This organization of and the section titles used in these Terms and Conditions are for convenience and reference only, and in no way define, describe, extend, or limit the scope or intent of the provisions of any section of this document. Unless otherwise stated, any listing of factors or criteria in these Terms and Conditions does not constitute an order of preference or importance. 3. Definitions As used in this Proposal Invitation and associated documentation, the following terms have the meanings set out below unless the context requires otherwise, regardless of whether initial capitalization is consistently used. Words used in the singular include the plural, and words used in the plural include the singular. To the extent terms are defined or used differently in different Proposal Invitation documents, substance prevails over form: "BuyBoardO" means the internet-based electronic commerce technology provided by the Cooperative's administrator, the Texas Association of School Boards, Inc. (TASB), to enable Cooperative members to purchase awarded goods and services electronically. ��BuyBoard Administrator" means the Director of Cooperative Procurement identified in this Proposal Invitation (or his/her successor). ��Contract" or "BuyBoard Contract" means the contract between the Cooperative and the successful Proposer (Vendor), which gives Vendor the opportunity to serve Cooperative members based on the Cooperative's acceptance of all or part of the Proposer's Proposal, and is comprised collectively of the following: a) This Proposal Invitation; b) Proposer's Proposal; c) Notice of Award issued to Proposer by the Cooperative; d) Member Purchase Order; and e) Member Construction Contract. "Cooperative" means, collectively, The Local Government Purchasing Cooperative (which may also be referred to as ��Texas Cooperative" herein) and its administrator, TASB, unless a distinction is made otherwise. "Cooperative member" or "member" means a local governmental entity (e.g., school district, city or county) or other governmental entity that is a member of the Cooperative and is eligible to purchase through a governmental purchasing cooperative or interlocal contract. Although not eligible to be a member of the Cooperative, "Cooperative member" as used in these Terms and Conditions may include the Cooperative administrator's non-profit entiry subscribers when used in relation to a purchase from a non-profit subscriber. ��Goods" or ��Products" (which terms are used interchangeably) means the goods, products, equipment or other commodities that are the subject of this Proposal Invitation. Page 51 of 71 CONST.V.02.01.2018 � Board� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com "Member Construction Contract" means any and all additional written terms, conditions, or instructions, related to construction or construction-related goods or services procured under a Contract awarded pursuant to this Proposal Invitation, which are required by a Cooperative member and accepted by a Vendor. Depending upon the nature of the goods or services and the Cooperative member project for which they are procured, these requirements may include, but are not limited to: 1) Conditions and specifications required by the Cooperative member; 2) Drawings or project plans produced by the Cooperative member; and 3) Change orders or change directives. "Proposal Invitation" means this Proposal Invitation and all associated documentation, including without limitation, these Terms and Conditions and any amendments hereto, additional terms and conditions specific to this Proposal Invitation, instructions, exhibits or attachments, forms, agreements, certifications, item specifications, addenda, and supplements and/or clarifications. "Proposal" means Proposer's complete and correct response to this Proposal Invitation, including all information, forms, agreements, certifications and other documentation required by this Proposal Invitation, properly signed by Proposer's duly authorized representative. "Proposal Due Date" means the date and time specified in the Proposal Invitation, or any addenda thereto, by which Vendors are required to submit Proposals for this Proposal Invitation. "Proposer" or "Vendor" means the company or firm that submits a Proposal or, depending on the context, the proposing company to which the Cooperative awards a contract under this Proposal Invitation. (For purposes of the forms associated with this Proposal Invitation, ��you", ��your", "I" or ��my" refer to Proposer or Vendor, as applicable.) "Purchase Order" means a Cooperative member's fiscal form or other instrument, including a record of an online order placed through a Vendor website or record of a purchasing card (P-card) purchase, which is used in making a purchase from Vendor under a BuyBoard contract. 4. Construction and Construction-Related Goods or Services This Proposal Invitation may include construction or construction-related goods or services, such as the installation of equipment, limited site preparation work, or alterations to existing buildings or facilities, which collectively are referred to in these Terms and Conditions as ��construction-related services.: It is not the intent of the Cooperative for these Terms and Conditions to represent and reflect the complete agreement between a Cooperative member and a Vendor with respect to a specific procurement for construction-related services under a BuyBoard Contract awarded pursuant to this Proposal Invitation. A Cooperative member procuring construction-related services under a BuyBoard Contract will likely negotiate and require Vendor to enter into a Member Construction Contract with additional terms that are specific to the Cooperative member's procurement or project. For example, a Cooperative member's architect and/or engineer (selected outside of a BuyBoard Contract) may prepare plans and technical specifications for tasks included in the construction-related services. Additionally, a Cooperative member may require compliance with legal requirements applicable to construction-related services, including certain bonding requirements and prevailing wage requirements. The Member Construction Contract terms as agreed to by the Cooperative member and Vendor become a part of the BuyBoard Contract awarded under this Proposal Invitation, subject to the limitations of Section D.1 (Notice of Award and Related Matters). Page 52 of 71 CONST.V.02.01.2018 � Board� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com Note: As specified in section B.10 (Certain Professional Services Excluded) of these Terms and Conditions, a Contract awarded under this Proposal Invitation does not include architecture, engineering or other services that must be procured in accordance with the Texas Professional Services Procurement Act (Chapter 2254 of the Texas Government Code), and therefore a Member Construction Contract entered into with a Vendor pursuant to the BuyBoard Contract may not include such services. To the extent that an awarded good or service includes a construction component that requires architecture or engineering services, a Cooperative member must procure such services outside the BuyBoard Contract through a separate procurement process. B. Proposal Requirements 1. Specifications Unless otherwise specified, the specifications are intended to be non-proprietary, and should be construed as such. Catalog numbers, brand names, or manufacturer product or reference numbers used in the item specifications in this Proposal Invitation are intended to be descriptive, not restrictive. These references, as well as ��approved brands and/or models" listed, are intended to identify and indicate the type of product being sought and establish the level of quality desired. If any conflict exists in the item specifications between the product descriptions and any brand names or model or reference numbers used, the product descriptions will override the brand names or model number references. In some cases, however, the Cooperative may find it advantageous in order to provide best value to Cooperative members to standardize equipment and/or supplies by manufacturer in order to achieve efficiencies in procurement, repair, and operation, to match existing stock, or to satisfy other requirements. In these limited cases, preference will be given to the specific products identified as "approved brands and/or models," especially if all other evaluation factors are deemed to be equal. For this reason, where specific brands or models are identified, Proposer is encouraged to propose the exact item specified, in addition to an alternate brand or model with equal/equivalent functionality or features where appropriate or necessary. In all cases, Proposals must identify the manufacturer, brand, model, etc., of the item being offered. For Proposals on ��equal/equivalent" items other than the specified ��approved brand and/or model," Proposer must supply a complete description and sufficient data for the Cooperative to properly analyze the product being proposed, including its functionality and features. In order to conduct such analysis, the Cooperative may request samples for items other than "approved brands and/or models." If the specification identifies a specific brand or model for any item and Proposer fails to identify the manufacturer, brand, model, etc., for that item, the Cooperative will assume Proposer is proposing on the exact brand and model identified in the specification, and if awarded a contract, Vendor must furnish the exact brand name, model, etc., as specified. Substitutions will not be allowed after the contract is awarded, except as provided for in section E.8 (Substitutions) of these Terms and Conditions. The apparent silence of the specifications as to any detail, or the apparent omission from any specification of a detailed description concerning any point, will be interpreted to mean that only the best commercial practices will prevail, and the specification will be construed accordingly. NOTE: Unless a different time period is stated in the General Information document of this Proposal Invitation, if Proposer discovers or suspects an error in any item specification in this Proposal Invitation, including that the specification is proprietary where not intended, Proposer must notify the BuyBoard Administrator of the error in writing immediately, but in no event later than the tenth (10t") business day before the Proposal Due Date. 2. Pricing A"Line Item" Proposal must be for a specific price for the unit of ineasure specified for that item. Proposer is responsible for clearly noting any difFerences in proposed packaging and/or units of ineasure as a deviation in accordance with section B.4 (Deviations from Item Specifications or General Terms and Conditions) of these Terms Page 53 of 71 CONST.V.02.01.2018 � Board� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com and Conditions. If this Proposal Invitation requires ��discount from catalog" pricing, Proposer must quote a single discount percentage to be applied to all items in Proposer's published catalog. Proposer must submit the catalog or published pricelist with the Proposal in electronic format. Catalogs and pricelists should contain only items that relate to the items requested in the specifications. Vendors are discouraged from including irrelevant or non-responsive information with their Proposal. The Cooperative reserves the right to deem a Proposal non-responsive if the catalogs or pricelists submitted do not specifically relate to the intent of the Proposal Invitation or contain what the Cooperative deems, in its sole discretion, excessive irrelevant or non-responsive information, including information which makes it burdensome or impractical for the Cooperative to identify responsive products and pricing. Proposer's pricing must be "equal to or better" than pricing Proposer offers other similar customers. Pricing that is not considered equal or better could result in the Proposal being determined non-competitive and not considered for award. Unless specified otherwise in this Proposal Invitation: a) A��cost plus" Proposal will not be accepted; b) Proposer will not include freight, transportation and delivery charges or costs or sales tax in Proposal pricing (freight, transportation and delivery charges are to be pre-paid by the awarded Vendor and, subject to section E.5 (Packaging, Transportation, and Delivery) of these Terms and Conditions, included as a separate item on the invoice to the ordering Cooperative member); c) Proposal pricing must include the service fee due pursuant to section E.12 (Service Fee) of these Terms and Conditions; and d) Proposal pricing must be firm for acceptance and the Cooperative's period for acceptance will be at least 120 calendar days from the Proposal Due Date. Proposal pricing must not include the cost of engineering, architectural or other services that are required to be separately obtained by a Cooperative member under the Texas Professional Services Procurement Act (Chapter 2254 of the Texas Government Code) or other applicable law. 3. Quality Unless otherwise indicated in this Proposal Invitation, proposed products must be new and in first class condition, and must be warranted in the same manner and to the same extent as normally provided to other customers of Proposer. Additionally, proposed products must conform to the highest standards of manufacturing practice, including containers suitable for shipment and storage. Unless otherwise specified, "factory seconds," ��refurbished", or otherwise inferior items are not acceptable. 4. Deviations from item Specifications or General Terms and Conditions Proposer must clearly note and explain in detail any and all limitations, exceptions, qualifications, special conditions, or other deviations (collectively "deviations") from these Terms and Conditions or any of the item specifications in the Proposal at the time the Proposal is submitted. The submission of any such deviation may place Proposer at a competitive disadvantage or otherwise prevent the Cooperative from considering the Proposal on the afFected item(s). The Cooperative may, in its sole discretion, seek clarification from and/or communicate with Proposer(s) regarding any submitted deviation, consistent with general procurement principles of fair competition. The Cooperative reserves the right to accept or reject a proposal based upon any submitted deviation. Other than any deviation submitted in writing with the Proposal and accepted by the Cooperative, the Cooperative will hold Proposer accountable to the Cooperative and Cooperative members to perform in strict accordance with these Terms and Conditions and the item specifications as written. Page 54 of 71 CONST.V.02.01.2018 � Board� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com 5. Addenda Any interpretation, correction or change to this Proposal Invitation will be made by addendum, and updated information contained in an addendum will prevail over the information contained in the original Proposal Invitation or a previous addendum. The Cooperative is the sole authority for the issuance of any addendum, and any communication related to this Proposal Invitation that is not from the Cooperative is invalid. Although the Cooperative may provide electronic notification when an addendum has been issued and the changes will be flagged, it is Proposer's responsibility to monitor the BuyBoard vendor website for possible addenda and incorporate any posted addendum into the Proposal. Proposer must acknowledge each addendum in accordance with the instructions accompanying the addendum. 6. Samples The Cooperative may request a product sample. Proposer must furnish the requested sample at no cost to the Cooperative, and, unless otherwise specified, the Cooperative must receive the sample within 72 hours of the request. The submitted sample must be labeled with the Proposal Invitation name and number, item number, product identification number, and Proposer's name. Proposer's failure to submit a sample when requested will result in the product in question not being considered for award to Proposer. The Cooperative will retain samples for a sufficient length of time for proper evaluation. If not destroyed or consumed during examination or testing, the Cooperative will return samples to Proposer at Proposer's expense, provided that Proposer has included a written return request with the submitted samples. Notwithstanding the foregoing, the Cooperative may permanently retain samples submitted by awarded Proposers for the purpose of determining that the quality and workmanship of awarded products delivered to Cooperative members is comparable to the samples. The Cooperative is not liable for samples that are damaged, destroyed or consumed during examination or testing. 7. Proposal on All or Certain Items Unless otherwise specified, Proposer may propose on any or all items. Proposer should answer all questions related to each item on which Proposer wishes to propose, and either leave the questions for other items unanswered (blank) or indicate ��No Bid." The Cooperative will consider items individually and make awards on each item independently, except for "related" items for which "compatibility" will be an element of consideration. In such cases, small groups of items will be considered as a unit. Vendor's Proposal shall specify the regions and/or states that Vendor proposes to serve by completing the appropriate Proposal forms. Vendor shall specify only those regions or states for which Vendor is authorized either under applicable law and/or by the manufacturer to sell the proposed products. If Vendor proposes multiple products, and the regions or states which the Vendor is able to serve and proposes to serve differ by product, Vendor must specify the specific regions or states by product in its Proposal. A Vendor may not select a region or state in its Proposal where Vendor is unable or unauthorized to sell a proposed product. If it is determined that a Vendor is unable, unauthorized, or refuses to provide any awarded product(s) or service(s) in a region or state specified in Vendor's Proposal, such inability, lack of authorization, or refusal will be an event of default and grounds for termination of the Contract. 8. ��All or Nothing" Awards Unless otherwise indicated in this Proposal Invitation, "all or nothing" Proposals are not acceptable and will be rejected. Proposer must be willing to accept a partial award for any combination of the items or services proposed, and must be willing to share the business with any other successful Proposers. 9. ConfidentialInformation Proposer must clearly identify information in the Proposal that Proposer considers proprietary or confidential by completing the Confidential/Proprietary Information form. The Cooperative will treat Page 55 of 71 CONST.V.02.01.2018 � Board� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com such information as confidential to the extent allowable under the Texas Public Information Act (Chapter 552 of the Texas Government Code) or similar disclosure law. If Proposer fails to properly identify the information, the Cooperative shall have no obligation to seek protection of such information from public disclosure should a member of the public or other third party request access to the information under the Texas Public Information Act or similar disclosure laws. The Cooperative and its Administrator will not be responsible for Proposer's failure to clearly identify information Proposer considers confidential or proprietary. Proposer will be notified of any third party request for information that Proposer has identified in the Confidential/Proprietary Information form as proprietary or confidential. 10. Certain Professional Services Excluded Neither this Proposal Invitation nor any contract includes services that are required to be procured under the Professional Services Procurement Act (Chapter 2254 of the Texas Government Code), including without limitation architecture and professional engineering services. 11. Withdrawal or Modification of Proposal Proposer may withdraw or modify a submitted Proposal prior to the Proposal Due Date and time specified in this Proposal Invitation. A Proposal may be withdrawn only in strict accordance with this section. Electronic Proposals Submissions: A Proposal submitted electronically through a website designated by the Cooperative in the Proposal Invitation for submission of electronic proposals may be withdrawn or modified prior to the Proposal Due Date and time through the same electronic proposal submission website. Vendor's login to the electronic proposal submission website shall be used to verify Proposer's identity. Vendor shall be solely responsible for ensuring only authorized use of its login, following all website instructions, and ensuring that the Proposal is properly withdrawn or modified prior to the Proposal Due Date and time. Hard Copy Submissions: If a Vendor submitted their Proposal in hard copy electronic format via mail or in person, rather than electronic submission through the designated website, Proposer must submit a written request to the Cooperative to withdraw the Proposal. The request to withdraw must be signed by an individual authorized to enter into contracts on Proposer's behalf and indicate the individual's title. If the BuyBoard Administrator has any question or doubt regarding Proposer's identity or the identity of its Proposal, withdrawal will not be allowed. If the Cooperative decides to allow the withdrawal, Proposer's duly authorized representative will be required to complete and sign a written receipt satisfactory to the BuyBoard Administrator before the proposal will be released. The decision of the BuyBoard Administrator relating to matters concerning withdrawal of a Proposal is final. Proposer may resubmit the withdrawn Proposal, or submit a new Proposal, up until the Proposal Due Date and time, provided any new submission meets the requirements of this Proposal Invitation. If Proposer resubmits a Proposal that was withdrawn and makes any change to any document in the proposal package, the change must be made in accordance with the Cooperative's instructions for Proposal submissions, and Proposer will be deemed to have authorized such change. Proposals that are in the Cooperative's possession (including Proposals submitted through an electronic proposal submission website designated by the Cooperative in the Proposal Invitation instructions) at the Proposal Due Date time shall be deemed final, conclusive, and irrevocable; and no Proposal will be subject to withdrawal, amendment, or correction by a Proposer after the Proposal Due Date and time specified in this Proposal Invitation. However, pursuant to section B.4 (Deviations from Item Specifications or General Terms and Conditions), the Cooperative reserves the right, in its sole discretion, to seek clarification, communicate and resolve issues around deviations that were submitted in a Proposal, consistent with general procurement principles of fair competition. Page 56 of 71 CONST.V.02.01.2018 � Board� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com 12. Certifications The Proposer's Agreement and Signature form, which is fundamental to and incorporated into this Proposal Invitation, requires Proposer to certify to certain matters. Pursuant to and in accordance with such Proposer's Agreement and Signature form, and in addition to the matters set forth therein, Proposer certifies to the following with respect to this Proposal Invitation, the Proposal, and any Contract awarded under this Proposal Invitation. (a) Non-Collusion Certification Proposer agrees and certifies to the following, and understands that the penalty for violating this non-collusion certification will be the immediate disqualification of Proposer's Proposal: 1) Neither Proposer nor any business entity represented by Proposer has received compensation for participation in the preparation of the item specifications or these Terms and Conditions related to this Proposal Invitation; 2) The Proposal has been arrived at independently and is submitted without collusion with any other Proposer, with any competitor or potential competitor, or with any other person or entity to obtain any information or gain any special treatment or favoritism that would in any way limit competition or give any Proposer an unfair advantage over any other Proposer with respect to the Proposal; 3) Proposer has not accepted, offered, conferred, or agreed to confer, and will not in the future accept, offer, confer, or agree to confer, any benefit or anything of value to any person or entity related to the Cooperative or any of its members in connection with any information or submission related to the Proposal, any recommendation, decision, vote, or award related to the Proposal, or the exercise of any influence or discretion concerning the sale, delivery, or performance of any product or service related to the Proposal; 4) Neither Proposer, nor any business entity represented by Proposer, nor anyone acting for such business entity, has violated the Federal Antitrust Laws or the antitrust laws of this State with regard to the Proposal, and the Proposal has not been knowingly disclosed, and will not be knowingly disclosed, to any other Proposer, competitor, or potential competitor prior to the opening of Proposals; and 5) No attempt has been or will be made to induce any other person or entity to submit or to not submit a Proposal. (b) Certification Regarding Legal, Ethical, and Other Matters Proposer agrees and certifies to the following: 1) Proposer has, or has the ability to obtain, such financial and other resources, including inventories, as may be required to fulfill all the responsibilities associated with the Proposal; 2) Proposer has a high degree of integrity and business ethics, and a satisfactory record of performance; 3) Proposer is an authorized dealer, distributor, or manufacturer for the products or services offered in the Proposal for each region or state Vendor proposes to serve in the Proposal; 4) Proposer has not been notified by any local, state, or federal agency with competent jurisdiction that its standing in any matters whatsoever would preclude it from submitting its Proposal and Proposer would in no other way whatsoever be disqualified to propose or receive any award or Contract related to this Proposal Invitation, and Proposer will comply with any reasonable request from the Cooperative to supply information sufficient to substantiate the foregoing representations; 5) Proposer has provided its valid, proper and correct business entity name and information in its Proposal, that such entity is operating in good standing with the proper authority from whatever State or local jurisdiction is required, and Proposer has obtained, and will continue to maintain during the entire term of the Contract, all permits, approvals, or licenses necessary for lawful performance of its obligations under this Contract; 6) The prices, prompt payment discount terms, delivery terms, distribution allowances and the quality and/or performance (including warranties) of the product or services offered in the Proposal are and will remain the same or better than those offered Proposer's most favored customer under equivalent circumstances; 7) The Proposal complies with all federal, state, and local laws concerning these types of products or services, and Proposer will continue to comply with any applicable federal, state, and local laws related to Proposer's activities in connection with the Contract; 8) Proposer will comply with any applicable prevailing wage rate requirements under the federal Davis-Bacon or state or local law, including Chapter 2258 of the Texas Government Code; Page 57 of 71 CONST.V.02.01.2018 � Board� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com 9) Proposer will maintain, at Proposer's expense, any insurance, including without limitation such workers' compensation insurance as may be required by state or local law or policy, necessary to protect the Cooperative and its members from all claims for bodily injury, death, or property damage that might arise from the performance by Proposer or its employees or its agents of any service under the Contract; however, the existence of such insurance does not relieve Proposer of full responsibility and liability for damages, injury, death, or loss as described or as otherwise provided for by law; and 10) Any false statement contained in the Proposal is a material breach of contract which will void the Proposal or any resulting Contract, and subject Proposer to removal from all proposal lists, and possible criminal prosecution. 13. Proposal Signatures Proposer must sign its Proposal in strict accordance with the Cooperative's instructions, including having an officer duly authorized by Proposer execute the Proposal. By signing, the signatory warrants that he or she has read and agrees to the terms of the Proposal and is authorized to execute same as a legally binding act of Proposer. A facsimile or imaged signature will be deemed an original. 14. No Reimbursement Proposer understands and acknowledges the Cooperative will not reimburse or pay Proposer for any expenses Proposer incurs in preparing its Proposal or providing additional information required in connection with the Proposal. C. Proposal Evaluation 1. General A Proposal submitted in accordance with this Proposal Invitation will initially be considered for award; however, initial consideration of a Proposal will not constitute an assessment of its meeting the necessary qualifications, and a Proposal may be disqualified at any time during the evaluation process for failure to meet any other terms or conditions contained anywhere else in this Proposal Invitation. 2. Best Value Criteria The Cooperative evaluates Proposals on the basis of best value to Cooperative members. In evaluating Proposals and determining best value for all Cooperative members, the Cooperative will consider the following criteria: Best Value Criteria Maximum Points 1 Price Com etiveness 40 2 Vendor Past Performance 15 3 Vendor Reputation for Goods and Services 15 4 Financial and Technical Resources 10 5 Capability of Servicing Cooperative Members 10 6 Any other relevant factor or requirement listed in this Proposal Invitation 10 TOTAL: 100 The Cooperative's evaluation will include Proposer's responses to the forms and other attachments included or associated with this Proposal Invitation, including but not limited to Proposer's responses to the Proposal Invitation Questionnaire. Only responsive Proposals will be evaluated. Failure to include all required information may result in a Proposal being deemed non-responsive. As a general matter, the Cooperative makes competitive and indefinite quantity awards to Proposers that give the same or better discounts/pricing than they give their best governmental clients. Proposers should provide competitive pricing that is the same or better than the pricing provided their best governmental clients. Each Page 58 of 71 CONST.V.02.01.2018 � Board� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com Proposal is evaluated on its own merit and determined to be fair and reasonable by comparing the price/discounts that Vendor offers other governmental clients. If this Proposal Invitation requires discount pricing, discount practices may be examined and evaluated, in the Cooperative's sole discretion, based on historical data, sales information, discounts granted to other governmental clients, and/or other market research techniques. The Cooperative may award Contracts to multiple Proposers supplying comparable products or services, also known as a multiple award schedule, or award the Contract to a single Proposer. The Cooperative's decision to make multiple awards or a single award will be based upon the Cooperative's sole discretion regarding the type of award that provides best value to all Cooperative members. In regards to Vendor past performance, among other factors, the Cooperative may consider a Vendor's breach of contractual obligation on any other active or prior Cooperative contract awarded to Vendor including, but not limited to, nonpayment of service fees by Vendor, its parent company or affiliates and/or Vendor's failure to generate any minimum amount specified in a prior-awarded Cooperative contract. 3. Cooperative Board Decision The Cooperative reserves the right to waive any or all irregularities, formalities, or other technicalities and to be the sole and independent judge of quality and suitability of any products or services offered. The Cooperative may accept or reject a Proposal in its entirety, or may reject any part of a Proposal without affecting the remainder of that proposal, and may award the individual items in this Proposal Invitation in any combination or in any way that provides best value to Cooperative members based on the criteria set out in section C.2 (Best Value Criteria) of these Terms and Conditions. The Cooperative may use all means at the collective disposal of the Cooperative and Cooperative members to evaluate Proposals. The final decision as to the best overall offer, including as to price and suitability of the proposed products or services to meet the needs of and provide best value to Cooperative members, rests solely with the Cooperative's Board of Trustees. The Board's decision may be protested only in accordance with the Board's protest procedure policy, COOP-851, which is available from the BuyBoard Administrator upon request. Pursuant to COOP-851, a protest challenging the terms, conditions or form of notice of this Proposal Invitation and accompanying documentation must be received by the Cooperative no later than 5:00 p.m. CST the fifth (5th) business day before the Proposal opening date, and a protest challenging an award decision, including bid evaluations, no later than 5:00 p.m. CST the fifth (5th) business day after the award is posted on the BuyBoard vendor website. D. Contract Award 1. Notice of Award and Related Matters A Proposal is an offer by Proposer to contract with the Cooperative and Cooperative members in accordance with this Proposal Invitation, including without limitation the item specifications, and these Terms and Conditions. A Proposal does not become a Contract unless and until the Proposal is accepted by the Cooperative through the issuance of a written Notice of Award to the successful Proposer, whereupon the Contract becomes binding and enforceable. The Contract is then utilized by a Cooperative member by the member issuing a signed purchase order and/or Member Construction Contract, as defined in section A.3 (Definitions) and further described in section A.4 (Construction and Construction-Related Goods or Services) of these Terms and Conditions, for the awarded products or services. Vendor must honor all purchase orders issued by Cooperative members and Member Construction Contracts entered into pursuant to this Contract during the Contract term in accordance with these Terms and Conditions. The Cooperative may maintain Vendor's contract documents in electronic format for the duration of the Contract term. The Cooperative reserves the right to allow awarded Vendors to add additional service regions, at the awarded pricing, to the Vendor's Contract during the Contract term. Page 59 of 71 CONST.V.02.01.2018 � Board� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com As provided for in detail in section E.11 (The BuyBoard) of these Terms and Conditions, all Purchase Orders must be processed through the BuyBoard. All deliveries and financial transactions related to the Purchase Order will occur directly between Vendor and the ordering Cooperative member. Cooperative members and Vendors do not have the authority to modify these Terms and Conditions. By submitting a Proposal, Vendor specifically agrees that these Terms and Conditions shall apply and that it shall not seek to impose on a Cooperative member additional terms and conditions or ancillary agreements that are inconsistent with, or intended to supersede these Terms and Conditions. Any attempt by a Vendor to impose terms and conditions on a Cooperative member that are inconsistent with or intended to supersede these Terms and Conditions which were not submitted by Vendor as a deviation with its Proposal and approved by the Cooperative shall be an event of default under the Contract and grounds for termination of Vendor's Contract. However, a Cooperative member may add terms to a Purchase Order and/or require a Member Construction Contract with terms that are consistent with these Terms and Conditions and are acceptable to Vendor. A Cooperative member may require a performance and/or payment bond from Vendor as may be required by law or deemed necessary or appropriate. Additionally, a Cooperative member may require Vendor to carry and provide proof of such insurance as may be required by state or local law or policy. Individual Cooperative members may in certain circumstances require background checks on Vendor employees who will have direct contact with students or staff, or for other reasons, and may require Vendor to pay the cost of obtaining criminal history record information. To the extent of any conflict between these Terms and Conditions and requirements contained in any Cooperative member Purchase Order or Member Construction Contract, the stricter requirements on the Vendor shall apply. In the event of differing but equally stringent requirements, the Cooperative member Purchase Order or Member Construction Contract shall govern over the requirements in the Proposal Invitation. 2. Piggyback Contract and Other Entity Clause It is the Cooperative's intent that other governmental entities throughout the United States, as well as administrator's nonprofit entity BuyBoard subscribers, have the opportunity to purchase the goods or services awarded under the Contract at the same pricing and according to these Terms and Conditions, subject to applicable state law, through a piggy-back award or similar agreement. To the extent applicable, Vendor must offer and sell the awarded goods and services to such other organizations and entities in accordance with Vendor's Proposal, including without limitation the State Service Designation form and the National Purchasing Cooperative Vendor Award Agreement. E. Contract Performance 1. Contract Term The term of the Contract is for the initial term stated in this Proposal Invitation, which term begins on the date specified in the Notice of Award. Unless otherwise stated in this Proposal Invitation, the Contract may be renewed for two (2) additional one (1)-year terms as provided for in this section E.1. A reference to ��Contract term" in these Terms and Conditions means the initial term and any renewal term. The Contract shall govern the Vendor's and the Cooperative member's rights and obligations with respect to any Purchase Order issued during the Contract term and afterwards, with respect to any Purchase Order or purchase bound by the Cooperative member for specified goods or services before the Contract award period ended. Vendor has no right to or vested interest in a Contract renewal. The Cooperative will evaluate the Contract award prior to the expiration of the then current Contract term (initial or renewal), and reserves the right to not renew the Contract based on factors that may include, but are not limited to, the annual amount of business, Vendor's performance, and the continued provision of best value to Cooperative members. With respect to annual amount of business, Vendor must generate the minimum amount specified in the General Information document associated with this Proposal Invitation through the Contract, during both the initial and the first renewal term, or may not be offered a second renewal term. A vendor failure to generate this minimum amount may also be considered by the Page 60 of 71 CONST.V.02.01.2018 � Board� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com Cooperative as part of Vendor's past performance evaluation on future proposal invitations. A renewal must be agreed to by the Cooperative and Vendor. In the event the Contract term will expire before the Cooperative awards a successor contract for the categories of awarded products or services, the Contract may be extended beyond the expiration date on a month to month basis, or such other term as determined by the Cooperative, upon the agreement of the Cooperative and Vendor, provided that the awarded pricing does not increase during such extension. 2. Prevailing Wages, Bonding and Insurance Requirements Vendor must comply with any applicable prevailing wage rate requirements under the federal Davis-Bacon or state or local law, including Chapter 2258 of the Texas Government Code. Vendor must provide any applicable performance and payment bonds as required by law, including Chapter 2253 of the Texas Government Code, or as requested by a Cooperative member. Vendor must maintain appropriate and sufficient insurance, including without limitation such workers' compensation insurance as may be required by state or local law or policy, necessary to protect Vendor and the Cooperative and its members from all claims for bodily injury, death, or property damage that might arise from the performance by Vendor or its employees or agents of any service under the Contract; however, the existence of such insurance does not relieve Vendor of full responsibility and liability for damages, injury, death, or loss as described or as otherwise provided by law. 3. Conformity to Item Specifications and Contract Award Vendor warrants that the products or services Vendor provides under the Contract conform to the item specifications and other requirements of this Proposal Invitation (except to the extent and as specifically noted as deviations in Vendor's Proposal), and are free from all defects in material, workmanship and title. If Vendor deviates from an item specification, including delivering a product other than the specific brand and model of the product awarded, the ordering Cooperative member may reject the product when delivered and terminate the purchase order, at no cost or penalty to the member. Vendor further warrants that all products provided under the Contract meet applicable OSHA standards and regulations, and that any electrical items bear the appropriate listing from US, FMRC, NEMA, or UL Laboratories. If awarded products are chemicals or other products that customarily require Material Safety Data Sheets (MSDS), Vendor must include the MSDS with the first shipment of the product to a Cooperative member during the Contract term. Vendor must provide additional MSDSs to Cooperative members upon request, promptly and at no additional cost. 4. Awarded Pricing Awarded pricing may include line item pricing, discount ofF catalog or pricelist, not-to-exceed hourly labor rates, or other pricing structure as set forth in the Proposal Invitation. Except as provided in this section E.4 or otherwise in this Proposal Invitation, Vendor shall hold its awarded pricing firm during the Contract term. For awards based on discount off catalog or pricelist, Vendor may submit updated pricelists or catalogs reflecting manufacturer or similar market-wide price increases that occur during the Contract term to the Cooperative, and shall provide upon request such supporting manufacturer documentation as the Cooperative may require. Such pricelists or catalogs must be provided in the same format required by the Proposal Invitation for catalogs and pricelists submitted with Proposals. All pricelist or catalog changes must be supported by manufacturer price changes or similar market changes. The Cooperative reserves the right to reject any or all catalog or pricelist price changes as it deems to be in the best interest of and to provide best value to Cooperative members. Unless otherwise provided in the Proposal Invitation, no catalog or pricelist price increases, including website-based catalogs or pricelists, will be permitted or accepted within 180 days of Vendor's Proposal submission or within 180 days of submission of a prior revised catalog or pricelist. Updated pricelists or catalogs must be limited to awarded products or the pricelist or catalog may be rejected by the Cooperative in its entirety. Vendor must provide the Cooperative with prior notice of catalog and Page 61 of 71 CONST.V.02.01.2018 � Board� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com pricelist changes. Until such time as updated pricelists have been submitted to the Cooperative, or in the event the Cooperative rejects or determines further information is required before accepting a revised catalog or pricelist, Vendor shall be required to continue to apply the prior catalog or pricelist pricing, with applicable discount, to Cooperative members. For awarded pricing based on hourly labor rates, Vendor may not exceed the awarded pricing during the Contract term unless changes to prevailing wage rates under state, local, or federal law applicable to the work to be performed require higher rates. In such event, the Vendor must notify the Cooperative and provide documentation supporting the required labor rate increase. All awarded discounts must remain firm during the Contract term. In the event Vendor decreases the price of awarded products or services for any or all of its other customers in similar market circumstances below the Contract price, Vendor must offer such decreased pricing to Cooperative members. During the Contract term, Cooperative members may negotiate with Vendor, through the BuyBoard request for quotes (RFQ) function or otherwise, to obtain lower prices for awarded products or services based on volume or other factors. If it is determined that a Vendor has sold products or services to Cooperative members through the Contract at a price higher than the applicable awarded pricing, Vendor shall be in default of its Contract and subject to termination. Unless specified otherwise in this Proposal Invitation, the service fee due pursuant to section E.12 (Service Fee) of these Terms and Conditions is included in the awarded pricing. 5. Packaging, Transportation, and Delivery Unless otherwise provided for in this Proposal Invitation, all products must be packaged in containers that are new, appropriately designed for the product, and sturdy enough to protect the product during loading, transit, unloading, and storage, and be suitably packed to secure the lowest transportation costs. Products for which palletizing is appropriate must be delivered on standard 48" 4-way pallets in good, serviceable condition. Vendor is responsible for paying all freight, delivery, handling and other charges incurred in transporting and delivering products to a Cooperative member, and for the risk of loss until the product is delivered to and accepted by the Cooperative member. Freight, delivery, handling and other charges incurred in transporting and delivering products to a Cooperative member are to be prepaid by Vendor. Vendor may collect the actual amount of such charges after delivery and acceptance, provided that the charges (a) were disclosed to the Cooperative member, if requested, and in all instances in which the charges exceed ten percent (10%) of the total cost of the order, prior to shipment; (b) are itemized and shown separately on the member's invoice; and (c) are supported by appropriate documentation submitted with the invoice. Except for items that have hidden defects or that do not meet specifications, title and risk of loss to products pass to a Cooperative member upon the member's actual receipt and acceptance of the product at the point and time of delivery. Unless otherwise noted in the proposal (as a deviation) or provided in the Purchase Order or Member Construction Contract, Vendor must deliver or provide awarded products or services within ten (10) business days after receipt of a Cooperative member's purchase order. Vendor must immediately notify the Cooperative member's primary contact of any anticipated or actual delay and document the notice in writing, and the member may extend the delivery time or cancel the order if the delay is unacceptable. If the Cooperative member has not received notice of the delay as required by this section, the member may, at its discretion, return to Vendor any items received after the due date, at Vendor's expense and without liability or penalty to the member. When the needs of a Cooperative member require immediate response, the right to pick up products on an ��over the counter" basis must be available Page 62 of 71 CONST.V.02.01.2018 � Board� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com for the majority of the awarded products. In these circumstances, the Cooperative member's personnel may pick up the products at Vendor's warehouse location. Additionally, a Cooperative member may request emergency delivery, and Vendor must use its best efforts to comply with rush or emergency requests. If Vendor cannot fulfill the emergency delivery requirement, the member may procure the products or services from alternative sources without penalty. Time is of the essence in Vendor's performance of the Contract. 6. Packing Lists, Invoices and Payments Packing lists or other suitable shipping documents must accompany each shipment and state: (a) Vendor's name and address; (b) Cooperative member's name and address or delivery location; (c) Cooperative member's Purchase Order number; (d) descriptive information identifying the item(s) delivered, including quantity, item number, product code, item description, and total number of containers; and (e) copies of all product warranties for the item(s) delivered. Vendor must submit separate invoices, in duplicate, on each purchase order after each delivery. Invoices must (a) contain the information stated above; (b) separately itemize any transportation and delivery charges, and include associated documentation; (c) include a properly signed copy of the delivery receipt; and (d) be mailed directly to the ordering Cooperative member. Unless specified otherwise in this Proposal Invitation, the service fee due pursuant to section E.12 (Service Fee) of these Terms and Conditions is included in the awarded pricing and must not be separately itemized in the invoice. Payment by the Cooperative member is due after a Cooperative member's receipt and acceptance of ordered products or services and the documentation identified above, including a complete and correct invoice, in accordance with the Prompt Payment Act (Chapter 2251 of the Texas Government Code.) A Cooperative member is not responsible for products delivered or invoiced without a valid purchase order number. A Cooperative member's obliqation to Vendor is payable only and solely from funds available for the purpose of the �urchase. Lack of funds will render a member's purchase order null and void to the extent funds are not available and any delivered but unpaid product will be returned to Vendor. Neither the Cooperative nor TASB is liable or responsible for any_payment owed Vendor by a Cooperative member under the Contract. 7. Product Inspection, Testing, and Defective Items Products supplied under the Contract must be delivered in the best possible condition, be covered by the product warranties provided by Vendor and/or the product manufacturer to other customers, and are subject to inspection, testing, and approval by the Cooperative or a Cooperative member. Tests may be performed on samples taken from any regular shipment of the product. In the event a tested product fails to meet or exceed all requirements of the item specifications or these Terms and Conditions and any Member Construction Contract, Vendor must pay the cost of the samples and the testing. Upon receipt of notification from the Cooperative or Cooperative member, Vendor must pick up and replace the defective product within five (5) business days or on the next service date, whichever is sooner, without charge for the replacement or delivery. Additionally, the Cooperative or member may dispose of defective products that are not picked up and replaced by Vendor, without cost. Products damaged in shipment are considered defective for purposes of the foregoing. Latent defects discovered after delivery and acceptance of any products may result in revocation of the acceptance of such products. The Cooperative or Cooperative member must have access to Vendor's place of business during normal business hours for the purpose of inspecting any awarded product. 8. Substitutions Vendor's Proposal must specify the products or services Vendor proposes to provide under each category of the Proposal Invitation specifications. Vendor shall only be permitted to provide those products or services specified for categories under which Vendor is awarded under the Contract. Except as provided in this section E.8, the Cooperative will not accept substitutions to any of the product(s) listed in the Proposal after a Notice of Award has been issued. If an awarded product or catalog of products is discontinued by the manufacturer and the same manufacturer offers an equivalent replacement product or catalog of products within the same Proposal Invitation specifications and category(ies) for which Vendor was awarded, Vendor may substitute the replacement product for Page 63 of 71 CONST.V.02.01.2018 � Board� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com the awarded product. Vendor shall submit supporting documentation to the Cooperative regarding any substitutions. The Cooperative reserves the right to reject, in its sole discretion, any substitution. 9. Product and Service Guarantees and Warranties Vendor must not limit or exclude any implied warranties and shall extend such warranties on the awarded product, as well as the installation thereof if such installation is provided by Vendor, as are normally provided to other customers of Vendor. All services shall be performed in a good and workmanlike manner consistent with industry standards. Unless a deviation is submitted by the Vendor with its proposal and accepted by the Cooperative pursuant to section B.4 (Deviations from Item Specifications or General Terms and Conditions) of these Terms and Conditions or unless a different warranty is required by a Cooperative member Purchase Order or supplemental contract, a minimum of a ninety (90)-day product or service guaranty or the manufacturer's standard commercial warranty, whichever is greater, will apply to all awarded products and services. At a minimum, all product warranties must provide for replacement of defective merchandise, parts, and labor, and include pick-up of the defective merchandise from the location specified by the Cooperative member and delivery of the replacement(s) to the same location. In addition, such warranty shall include curing any defects in connection with any Vendor installation of the product at no additional cost to the member. The warranty period is effective from the date the Cooperative member accepts the product or the date the service is completed and accepted by the Cooperative member. Vendor shall respond to any reasonable requests for information from the Cooperative, its administrator, or a Cooperative member in regards to concerns regarding public health or safety regarding awarded products, including such documentation as may be reasonably requested. In the event of any product recalls affecting awarded products, as soon as practicable, Vendor shall notify in writing both the Cooperative and any Cooperative members who made purchases from Vendor for such recalled products of the recall and proposed action. At a minimum and without waiving any other requirements under law or Cooperative member purchase order, Vendor shall be required with respect to purchasing Cooperative members to take all action required by law or any greater remedy as may be offered by Vendor to other customers with respect to recalled products, including but not limited to, prompt replacement and/or refunds. 10. Multiple Distribution Centers, Single Point of Contact, and Designated Dealers If Vendor delivers products out of more than one warehouse or distribution center, all warehouses or distribution centers involved in the distribution plan must carry or have timely access to all awarded items and must be able to respond to orders in a timely manner. Unless otherwise specified in this Proposal Invitation, product substitutions are not allowed, and the involvement of multiple distribution centers does not alter the restriction against product substitution. The Cooperative and Cooperative members will have one Vendor contact person for overall contract management relative to the Contract, even if Vendor uses multiple distribution centers or designated dealers, and the Cooperative and its members will not be required to deal with multiple Vendor contacts for overall contract management. If Vendor is a manufacturer that sells products through a dealer network, Vendor may request to designate a dealer or multiple dealers ("Designated Dealer" or "Designated Dealers'� to receive Cooperative member Purchase Orders on Vendor's behalf by completing and submitting to the Cooperative's administrator the information required on the Manufacturer Dealer Designation form contained in the Proposal Invitation, and/or such other form or information as the Cooperative's administrator may reasonably require. Regardless of any Designated Dealers submitted by Vendor, Vendor specifically agrees and acknowledges that any such designations are for Vendor's convenience only and shall not relieve Vendor of any obligations under the Contract, including payment of Cooperative service fees on all Purchase Orders submitted to Vendor or any Designated Dealer. Vendor shall remain responsible and liable for all of its obligations under the Contract and the performance of both Vendor and any of Vendor's Designated Dealers under and in accordance with the Contract and Page 64 of 71 CONST.V.02.01.2018 � Board� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com remain subject to all remedies for default thereunder, including, but not limited to suspension and termination of Vendor's Contract for nonpayment of service fees. Further, Vendor acknowledges and agrees that, if Vendor opts to submit Designated Dealers under the Contract, Vendor is responsible for ensuring the accuracy of, maintaining, and updating the Designated Dealer information provided to the Cooperative and ensuring and confirming such information has been received by the Cooperative's administrator in such form as the Cooperative's administrator may reasonably require. Vendor authorizes the Cooperative, in its sole discretion, to list any Vendor Designated Dealers in the BuyBoard system and to receive Purchase Orders directly from Cooperative members on behalf of Vendor. To the extent a Vendor with Designated Dealers receives a Purchase Order directly, it shall be the responsibility of Vendor to appropriately process such Purchase Order in accordance with the Contract, including but not limited to timely forwarding such Purchase Order to a Designated Dealer for processing. The Cooperative reserves the right, in its sole discretion, to refuse addition of, or request removal of, any Designated Dealer, and Vendor agrees to immediately require such Designated Dealer to cease accepting Purchase Orders or otherwise acting on Vendor's behalf under the Contract. Further, the Cooperative's administrator shall be authorized to remove or suspend any or all Designated Dealers from the BuyBoard at any time in its sole discretion. il. The BuyBoard The awarded Contract will be posted on the BuyBoard website as an online electronic catalog(s). Except as expressly authorized in writing by the Cooperative's administrator, neither Vendor nor any Vendor Designated Dealer is authorized to process a Purchase Order received directly from a Cooperative member, and a Cooperative member that wishes to procure goods or services under the Contract will initiate a Purchase Order through the BuyBoard, which will be transmitted to Vendor or Vendor's Designated Dealer(s). All Purchase Orders generated by or under the contract must be processed through the BuyBoard. To the extent that a Vendor or a Vendor Designated Dealer erroneously processes a Purchase Order received directly from a Cooperative member without express written authorization from the Cooperative's administrator, such actions may be considered in breach of Vendor's obligations under the Contract but shall not alter the nature of the transaction as a BuyBoard purchase or relieve Vendor of the obligation to pay the service fee on such purchase, the intent of the Cooperative member to purchase through the Cooperative contract being paramount. Vendor and any Vendor Designated Dealer must maintain the computer and telephone hardware necessary to provide for the electronic receipt of Purchase Orders, and pay such costs and fees as may be imposed by a supplier or service provider for the software, equipment and service required to use the BuyBoard. To the extent that a Vendor is authorized in writing by the Cooperative administrator to process a Purchase Order received directly from a Cooperative member, Vendor shall be required to comply with all conditions imposed by the Cooperative as a part of such authorization. 12. Service Fee Vendor must pay the Cooperative the service fee specified in this Proposal Invitation and, unless this Proposal Invitation provides otherwise, the service fee is included in the awarded pricing. Except as otherwise provided in this section E.12, Vendor must remit the service fee to the Cooperative in Austin, Texas, within 30 days of the date of each service fee invoice. Service fees shall be deemed incurred on the date of Vendor's receipt of payment for products or services by the Cooperative member. To the extent that a Vendor disputes any service fee listed in an invoice, including but not limited to assertions that the purchase on which the fee is based has yet to be delivered or paid (e.g. special orders), was canceled by the Cooperative member, or is a duplicate purchase order, the Vendor must notify the Cooperative of the dispute in writing no later than the 90t—" day after the original invoice date (Dispute Period) by returning a copy of the invoice or statement of outstanding balances to the Cooperative with each disputed item marked and the basis for dispute provided. To the extent that the disputed service fees have been paid by Vendor, any request for a refund must be provided to the Cooperative in writing, with supporting documentation, no later than the last day of the Dispute Period. Vendor agrees to cooperate, and require any Vendor Designated Dealer(s) or billing agent Page 65 of 71 CONST.V.02.01.2018 � Board� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com to cooperate, with the Cooperative in attempting to reconcile and resolve disputed fees, and shall provide such reasonable information and documentation as the Cooperative may require to review the disputed fees to the satisfaction of the Cooperative administrator's staff. Any service fees for which the Cooperative has not received a notice of dispute or request for refund within the Dispute Period as set forth herein shall be deemed conclusively due and owing and no longer subject to dispute or claim for refund. Unpaid service fees will be subject to collection in accordance with the Cooperative's Board Policy, COOP-852, Vendor Invoicing and Collections. A Vendor may designate a billing agent to receive Cooperative service fee invoices on Vendor's behalf including, if Vendor is a manufacturer, any Designated Dealer(s) of Vendor's products. Such designation must be made in writing by an authorized representative of Vendor and properly submitted to the Cooperative's administrator in such form as the Cooperative's administrator may reasonably require. However, in so doing, Vendor acknowledges and agrees that such designation shall be for Vendor's convenience only and Vendor shall remain responsible for all obligations under the Contract, including payment of service fees, and shall remain subject to all remedies for default in payment thereof. Vendor agrees to provide the Cooperative with copies of all Purchase Orders generated by or under the Contract that are received directly from Cooperative members, or such other documentation regarding those Purchase Orders as the Cooperative's administrator may require in its reasonable discretion. Additionally, the Cooperative has the right, upon reasonable written notice, to review Vendor's records pertaining to purchases under the Contract with Cooperative members to verify purchase history and the accuracy of service fees payable from Vendor. 13. Disclaimer of Warranty and Limitation of Liability THE COOPERATIVE AND TASB (BOTH D/B/A BUYBOARD) DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO THE AVAILABILITY, ACCURACY, CONTENT OR ANY OTHER ASPECT OF ANY INFORMATION, PRODUCT, OR SERVICE FURNISHED UNDER THE CONTRACT AWARD, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITH RESPECT TO ANY AND ALL CAUSES OF ACTION ARISING UNDER OR RELATED TO THE CONTRACT, NEITHER THE COOPERATIVE NOR TASB, NOR THEIR RESPECTIVE OFFICERS, BOARD MEMBERS, EMPLOYEES OR AGENTS, IS LIABLE TO VENDOR UNDER ANY CIRCUMSTANCES FOR LOST REVENUE, DATA OR PROFITS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF THE COOPERATIVE AND/OR TASB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT WAIVING ANY GOVERNMENTAL IMMUNITY PROVIDED BY LAW, IN NO EVENT WILL THE COOPERATIVE AND/OR TASB'S TOTAL JOINT LIABILIY TO VENDOR EXCEED THE AMOUNT OF THE SERVICE FEE PAID BY VENDOR DURING THE TWELVE MONTHS IMMEDIATELY PRECEEDING THE EVENT GIVING RISE TO SUCH LIABILITY. Neither the Cooperative nor TASB is in any way liable to Vendor for a Cooperative member's performance or nonperformance of the member's obligations under the Contract, Purchase Order, or Member Construction Contract. 14. Sales Tax Cooperative members are governmental entities which are generally exempt by law from the payment of state sales tax and federal excise tax. Vendor may request a Cooperative member to provide a tax exemption certificate, or the member may establish its tax exempt status by including tax exemption information or tax exemption certificate with the purchase order as authorized under law. Vendor is responsible for collecting such taxes, if any, as may be due from a Cooperative member and remitting payment to the appropriate taxing authority. 15. Use of Logo and Trade Name The BuyBoard trade name and logo are proprietary to TASB and have been specifically licensed by TASB to the Cooperative. Vendor may not use, display, or otherwise distribute the BuyBoard logo or trade name except in strict accordance with the Cooperative's written guidelines posted on the BuyBoard website. Page 66 of 71 CONST.V.02.01.2018 � Board� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com 16. Indemnification Vendor agrees to defend, indemnify, and hold harmless the Cooperative, TASB and Cooperative members, and their officers, board members, agents and employees, from and against all claims, actions, suits, demands, proceeding, costs, damages and liabilities, including court costs and attorney's fees, arising out of or resulting from any acts or omissions of Vendor or its agents, employees, suppliers or contractors or subcontractors in the execution of or performance under the Contract, a purchase order, or Member Construction Contract, as applicable. In no event shall Vendor's obligation to a Cooperative member under this section E.16 be less than the amount a Cooperative member pays Vendor under the purchase order or Member Construction Contract that gives rise to such obligation. 17. Intellectual Property Infringement Without limiting the scope of section E.16 (Indemnification) of these Terms and Condition, if any claim is asserted, or action or proceeding brought against the Cooperative or a Cooperative member that alleges that all or any part of the products supplied by Vendor, in the form supplied or modified by Vendor, or its subcontractors pursuant to Vendor's sole directions, infringes or misappropriates any United States intellectual property, intangible asset, or other proprietary right, title or interest (including, without limitation, any copyright or patent or any trade secret right, title, or interest), or violates any other contract, license, grant, or other proprietary right of any third party, the Cooperative, upon its awareness, shall give Vendor prompt written notice thereof. Vendor shall defend, and hold the Cooperative and the Cooperative member harmless, against any such claim or action and shall indemnify the Cooperative and Cooperative member against any liability, damages and costs resulting from such claim. In addition, if, in any such suit arising from such claim, the continued use of the product for the purpose intended is enjoined by any court of competent jurisdiction, Vendor shall, at its expense and option, either (a) procure for the Cooperative member the right to continue using the product; (b) modify the product so that it becomes non-infringing; (c) replace the product or portions thereof so that it becomes non-infringing; or (d) allow the Cooperative member to return the product and refund the purchase price (less reasonable depreciation for use.) 18. Remedies for Default and Termination of Contract Except as otherwise provided for in these Terms and Conditions, either party may terminate the Contract in whole or in part in the event of the other party's substantial failure to fulfill its obligations under the Contract through no fault of the terminating party; provided, however, that the defaulting party is given at least ten (10) business days prior written notice of the default and intent to terminate (delivered by certified mail, return receipt requested, or other method that similarly documents receipt), and a ten (10) business day opportunity to remedy the default to the satisfaction of the terminating party (or, in the event of default based on Vendor's failure to timely remit the service fee due the Cooperative, such longer cure period as may be established by Cooperative policy.) At the Cooperative's option and in addition to any other remedies it may have available, the Cooperative may terminate the Contract if Vendor fails to adhere to or violates any of the provisions of these Terms and Conditions, including the certifications. Without limiting the scope of the foregoing, one or more of the following constitute grounds for termination: a) Delivery of product or services that fail to meet the item specifications; b) Delivery of product or services that are defective or substandard or fail to pass product inspection; c) Delivery of a product substitution, except as specifically authorized; d) Failure to meet required delivery schedules; e) Failure to timely supply the awarded products or services at the contract price; � Failure to timely remit any service fee due the Cooperative under the Contract or any other BuyBoard contract with Vendor, it parent company, or affiliates; g) Failure to provide, within a reasonable time and where required by the Contract, information reasonably requested by the Cooperative including, but not limited to, information requested under section E.12 of these Terms and Conditions; h) Processing a Purchase Order received directly from a Cooperative member, without prior written approval from the Cooperative's administrator; Page 67 of 71 CONST.V.02.01.2018 � Board� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com i) Providing architectural or engineering services under the Contract that must be procured pursuant to the Professional Services Procurement Act (Chapter 2254 of the Texas Government Code); j) Selling non-awarded goods or services under the Contract or any other BuyBoard contract with Vendor; k) Vendor refusal, inability or loss of ability, to offer or provide awarded goods or services to Cooperative members in awarded regions or states unless caused by a Force Majeure event pursuant and subject to section E.19; or I) Failing to provide a Cooperative member with a copy of the BuyBoard Procurement and Construction-Related Goods and Services Advisory for Texas Members before executing a Member Construction Contract with the member or accepting the Cooperative member's Purchase Order for construction-related goods or services, whichever comes first. Notwithstanding any other provision of this section E.18, in the event of Vendor's default under or breach of any provision in the Contract, the Cooperative reserves the right to enforce the performance of the Contract in any manner prescribed by law or deemed to be in the best interest of the Cooperative or necessary or appropriate to protect or provide best value to Cooperative members. Without limiting the scope of the foregoing, the Cooperative or its administrator may temporarily inactivate (suspend) Vendor from the BuyBoard website and as a BuyBoard vendor, suspend or remove any Vendor Designated Dealer from the BuyBoard website, or require removal of an awarded product with or without prior notice to Vendor, if the Cooperative or its administrator determines that a breach under the Contract or any other BuyBoard contract with Vendor, including nonpayment of service fees, or a potential public health, policy, or safety issue warrants such action, and the temporary inactivation will remain in effect pending further action or termination of the Contract by the Cooperative or its administrator. Vendor remains liable for all obligations and responsibilities incurred prior to and during any temporary inactivation and prior to termination, as applicable. In the event the Cooperative terminates the Contract, in whole or in part, the Cooperative reserves the right to award the terminated Contract, or any portion thereof, to the next Proposer the Cooperative determines to provide best value to Cooperative members. A Cooperative member has no authority to terminate the Contract at the Cooperative level for default, but may terminate a Purchase Order or Member Construction Contract or refuse to accept delivery as provided for in these Terms and Conditions or for Vendor's material breach of a term or condition included in a member Purchase Order or Member Construction Contract. Additionally, the Cooperative and Cooperative members may sue for breach of contract and specific performance and, in addition to contract damages, recover attorneys' fees and costs. Neither the Cooperative nor a Cooperative member will be liable to Vendor for any damages (including, but not limited to, loss of profits or loss of business, or any special, consequential, exemplary, or incidental damages) resulting from termination based on Vendor's default or breach of contract. If any delay or failure of performance is caused by a Force Majeure event as described in section E.19 (Force Majeure) of these Terms and Conditions, the Cooperative may, in its sole discretion, terminate the Contract in whole or part, provided such termination complies with the procedures set out above. Any Contract termination resulting from any cause other than a Force Majeure event will be deemed valid reason for not considering any future proposals from the defaulting Vendor. In the event a Vendor's Contract is terminated under this section E.18, Vendor shall remain responsible for payment of all service fees to the Cooperative for products and services sold to Cooperative members prior to such termination. Page 68 of 71 CONST.V.02.01.2018 � Board� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com 19. Force Majeure The term Force Majeure includes, but is not limited to, governmental restraints or decrees, provided they affect all companies in Vendor's industry equally and are not actions taken solely against Vendor; acts of God (except natural phenomena, such as rain, wind or flood, which are normally expected in the locale in which performance is to take place); work stoppages due to labor disputes or strikes; fires; explosions; epidemics; riots; war; rebellion; or sabotage. The Cooperative, Cooperative members, and Vendor are required to use due caution and preventive measures to protect against the effects of Force Majeure, and the burden of proving that Force Majeure has occurred rests on the party seeking relief under this section E.19. The claiming party must promptly notify the other party in writing, citing the details of the Force Majeure event, use due diligence to overcome obstacles to performance created by the Force Majeure event, and resume performance immediately after the obstacles have been removed, provided the Contract has not been terminated in the interim. Delay or failure of performance of the Contract, a Purchase Order, or a Member Construction Contract caused solely by a Force Majeure event will be excused for the period of delay caused solely by the Force Majeure event, provided the party claiming the event promptly notifies the other party in writing. Neither party shall have any claim for damages against the other resulting from delays caused solely by Force Majeure. Neither the Cooperative nor a Cooperative member will be responsible for any cost incurred by Vendor because of the Force Majeure event unless the Cooperative member has requested, in writing, that Vendor incur such cost in connection with any delay or work stoppage caused by the Force Majeure event. Notwithstanding any other provision of this section E.19, in the event Vendor's performance of its obligations under the Contract is delayed or stopped by a Force Majeure event, the Cooperative may, at its sole option, terminate the Contract in accordance with section E.18 (Remedies for Default and Termination of Contract) of these Terms and Conditions. This section E.19 does not limit or otherwise modify any of the Cooperative's rights as provided elsewhere in the Contract. F. Miscellaneous 1. Assignment Vendor may not sell, assign, transfer, convey or subcontract any responsibility or obligation created by the Contract in regards to the Cooperative without the Cooperative's prior written consent. A Vendor wishing to assign, transfer, or convey all or any portion of an awarded Contract shall submit a written request to the Cooperative, preferably at least 60 days before the projected effective date of the assignment and provide such information as the Cooperative may require to process and consider the request. Approval or denial of an assignment request shall be within the sole discretion of the Cooperative, and a vendor not awarded a Contract through the Proposal Invitation process has no right or vested interest to assignment of an awarded Contract. In determining whether to consent, the Cooperative may consider any relevant factors, including whether the person to which the sale, assignment, transfer, conveyance or subcontract is proposed is bound to and will honor all obligations and responsibilities imposed on Vendor under the Contract, including awarded pricing, and the best interest of and value to Cooperative members. Vendor's attempted sale, assignment, transfer, conveyance or subcontracting of any part of the Contract except in compliance with this section F.1 is void and ineffective. If Vendor ceases distribution of an awarded product for any reason during the Contract term, including ceasing distribution in one or more regions or states designated by Vendor in its Texas Regional Service Designation or State Service Designation forms, and the Cooperative determines that continued availability of the product provides best value to Cooperative members, the Cooperative reserves the right to place the manufacturer of such product on the BuyBoard for the remainder of the Contract term for any or all regions or states in which Vendor has ceased distribution, in which event Vendor's Contract for such product will be deemed assigned to the product manufacturer. Page 69 of 71 CONST.V.02.01.2018 � Board� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com 2. Notices Unless otherwise provided for in this Proposal Invitation, any written notice or other communication required by the Contract or by law will be conclusively deemed to have been given and received on the third business day after such written notice has been deposited in the U. S. Mail, properly addressed, and with sufficient postage affixed thereto, provided that actual notice may also be given in any other manner used in commerce. If the conclusion of any time period provided for in these Terms and Conditions falls on a weekend or a federal holiday, the conclusion of such time period shall be deemed to be extended until the next business day. Otherwise, references to time periods measured by days shall mean calendar days unless business days are specifically designated. 3. Equal Employment Opportunity (EEO) Disclosures Vendor agrees to abide by all applicable laws, regulations, and executive orders pertaining to equal employment opportunity, including federal laws and the laws of the state in which Vendor's primary place of business is located. In accordance with such laws, regulations and executive orders, Vendor agrees that no person in the United States shall, on the grounds of race, color, religion, national origin, sex, age, veteran status, disability or genetic information, be excluded from employment with or participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity performed by Vendor under the Contract. Upon request, Vendor will furnish information regarding its nondiscriminatory hiring and promotion policies. 4. Applicable Law, Venue and Dispute Resolution The Contract is governed by and will be construed according to the laws of the State of Texas, including the Uniform Commercial Code (UCC) as adopted in the State of Texas as effective and in force on the date of the Contract. Venue for any litigation concerning the Cooperative or TASB lies in Austin, Travis County, Texas, and venue for any litigation between a Cooperative member and Vendor arising under the Contract lies in the home county of the member. The parties have the mutual affirmative duty to attempt to resolve any disputes that arise under the Contract in good faith at the least possible expense prior to the initiation of any type of judicial or administrative proceeding. 5. Waiver No claim or right arising out of a breach of the Contract can be discharged in whole or part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. A party's failure to require strict performance of any provision of the Contract does not waive or diminish that party's right thereafter to demand strict compliance with that or any other provision. 6. Interpretation — Parol Evidence This writing is intended by the parties as a final expression of their agreement and a complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties and no usage of the trade is relevant to supplement or explain any terms used in the Contract. Acceptance or acquiescence in a course of performance rendered under the Contract is not relevant to and does not determine the meaning of the Contract even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. 7. Right to Assurance Whenever the Cooperative in good faith has reason to question Vendor's intent to perform, the Cooperative may demand that Vendor give written assurance of its intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the Cooperative may treat the failure as an anticipatory repudiation of the Contract. 8. Non-Appropriations Clause Texas law prohibits the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. A Cooperative member that is a governmental entity (a) reserves the right to rescind a multi-year purchase order or other agreement to purchase products or services under the Contract at the end of the member's Page 70 of 71 CONST.V.02.01.2018 � Board� Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com fiscal year if it is determined that funding is not available to extend the agreement; and (b) will use its best efforts to attempt to obtain and appropriate funds for payment. 9. Invalid Term or Condition If any term or condition of the Contract is held invalid or unenforceable, the remainder of the Contract will not be affected and will be valid and enforceable. 10. Remedies Cumulative The remedies available to the Cooperative, a Cooperative member, or Vendor under this Contract are in addition to any other remedies that may be available under law or in equity. 11. Signatures Except as required pursuant to section B.13 (Proposal Signatures) of these Terms and Conditions with respect to Proposals and related documentation or as otherwise specifically required in these Terms and Conditions, all notices, requests, amendments and other written documentation required or authorized under the Contract may be provided by facsimile or as an imaged document, and an electronic, facsimile or imaged signature shall be deemed an original. 12. Right of Setoff Any indebtedness or obligation owed by Vendor or Vendor's affiliates to the Cooperative may be appropriated and applied by the Cooperative at any time, and from time to time, on any indebtedness or other obligation owed by the Cooperative to Vendor or Vendor's affiliates, whether such indebtedness or other obligations are now existing or hereafter arise, and whether under the Contract or otherwise. It is further understood and agreed that this right of setoff is in addition to, and not in lieu of, any other right, remedy or recourse which is available to the Cooperative either at law or equity, and that failure to exercise such right of setoff in any instance shall not constitute a waiver of such right. Page 71 of 71 CONST.V.02.01.2018 Aiiiarillo Glabe News P.O. Box 290 ], Amarillo, Texas 806-376-4488 Legal Notice Ar»arillo Daily News T�xns nssoc«Tro�v oF sc� �ooL �onrtvs 120007 R�SEf1RCI-3 BLVD AUSTIN, TX 787�4 AEFER�NCE: �OOU33S3 16014626 L1ST OF BIDS 6.13.15 TI-3C ST�1TE OF TEXAS �a'.; vi:� °r;U. II:�:Ji1I j' i iiii:lC; 113 ai-i.i ivi ii�c: State of Tesas, persoiial ly appeared r G� '� ��- c �C��� � LGGAL CLERh of tl�e Amarillo G`loUe-Ne:�vs PEiblishin�� Co��7pany, after bcirl;,3 by me d�Ely s�� orn did dispose andV state that the above statement is �rue und �orrect anc[ the attached ���as published on the c�a�es sct forth lhc;rein. ��5111l/I `otPRYaG�I� CYNTHIA pER�C7 LEqESM =_;�:.�=Notar p� A -�,; .�; 1' b�+c, State of Texas ;9:••,..�•}a� Camm. E ',,FaF iE�,• xprres i D-7 7-2020 ���,�,�a NOtBfy !D 130864 1 1 7 PUBL[SHED ON: D6/(��/18; 06/12/0l8 FILED ON: 0�13(i/2018 _ �l= y �►4-� '—� � � Swortt and subscrib�cl ta before ute tl�� da oi� 0 Notary P�bEic State of T ANN4UNCE BID �PPORTUNITIES Proposal aro�osal ��ame Proposal Prop�al Canhact Cantract Number pueDaPe �ueTime EH�ive Expiration Oaie Oate 580-i8 �w-SpecdElectnc 7117J2018 4:pOP,41 12/1/2016 ltr'3Uf2021 l+ehitles �L3y} 581-19 ��flrderConh'acting (RSNfeansl 6/16/2018 4:00 P!d 4lt/20t9 3/31l2d24 Water Storage Tank Maintenance antl 58Z�1s Aeha6ilita[ianand 8l23/2018 4:OOPM 4/1/2019 3l3112022 Trenchless Pfpe � flQpaitSystems Athletic, Physical Ec7ucatioq, Gymnaslum Supplies 583-19 andEquipmemand 8/30/2018 q:pOPM 411l2QIg 3.�3112022 Heary outy 6cercise Equipment antl BeiatetlAccessories FumiNre far School, 584-19 Qf�ce, Science, 9/6l2078 4:00 PM 4l112019 3/3 V2022 �6rary and Dormitory Jop prtler Contractinp 585-19 {Gordlan ezIQC�} �or 9/13f20�8 4�q0 PM Missouri} - 411l2019 3/3V2tl22 CarrecUonaland r�g�.�9 OaI0rt3onFaci�iry 1W1112078 A:OOPh7 G,�i12p79 5/37i2f122 Equipmem anu Suppfie5 Sa7�i9 UnAormsand 70'25.�2�78 4:OOP1.1 611l2p19 5fdil2022 4ccessarles Awartls, Bpphies a�tl 588�79 PerSonalRetogoilion 11!15�2018 4�0� PM 7/i17079 G! Producls - 3012022 WatBr aatl 589-19 Wa5lerwalerPumpS 772972018 a:ooara 71ll2079 6/30.+2022 and Mators 546-19 WelingSyslemsand Equipment i2G72018 4:ppPh+f 711f20i9 &l30/2022 General 6isasEer 591-19 Recoveryand 1l1712d19 4:OpP1d 1011I2019 9/3a/1022 ResSaraGon Services Parks and Recrea[ion 5y2_�9 EquipmentantlAeld ��pdf20i9 30 Lightirtg protlucts and '� 0 PM 1Ni12019 913012p22 Installalfon 593-1g Sewerinspectlon anb �M4f2o19 4:00 PM 10/112019 9l36l2022 qeaning Produtts Proposal invitations will be received by ihe Locaf Governmeni Purchasing Cooperative, Gooperative Purchasing Office, i2007 Research Slvd., Austin, "n( 7$759 ancf then opened: NOTE: Specifications will be available on-line one month prior to cfue tlate. Proposal Specifications may be obtained from our wah site ❑endor.buyboard.com or from the o�ces of tfte Texas Asspciation of Schoal 8oards, Cooperative Purchasing Office 12007 Research Blvd., Austin, TX, 78759. The Cooperative reserves ihe right to rejact any or alf bids and to waive any formalities in bidding except time of filing. �[+Z�CSltttlli TAEDIA ]ustin _amrrir.in-�tatcsm.m zluSti11360 ,�ora si'� PROQF QF PUBLICATI�N �TATE OF TEXAS PUB��c NOT�cE Before the undersigned authority personally appeared Alejandro Cado, who on oafh says that he/she is a Legal Advertising Ag�nt of the Austin American-Statesman, a daiEy published newspaper that is genera�ly circulated in Bastrop, Bell, Blanco, Brazos, Burlesan, Burnet, Caldwell, Colorado, Comaf, Coryell, Fayette, Gillespie, Ganzales, Guadafupe, Hays, Kerr, Lampasas, Lee, Llano, Milarr�, Nueces, San Saba, Tra�is, Washingfon and Wiiliamson Counties, and State of T�xas, and that the attached advertisement was published in said newsPaper, ta wit: TX Assoc Of School Boards, first date of puE�lication 0610512a18, East date of publication a611 212 0 1 8, pu6lishec� 2 time(s), and that the attached is a true copy of said acfvertisement. TX ASSDC OF SCHOOL BOARDS 12007 RESEARCH BLVD AUSTIN, TX 78759-2429 In�oic�lOrd�r NumE�er: 0000370409 Ad Cost: $4,588.00 Paid: $0.00 Balance Due: $4,588.00 SigRed Swom or affirmed to, and subscribed before me, ti�is 12th day of Jun�0i8 in %stimony whereof, I have hereunto set my hand and affixed my official seal, the day and year aforesaid. ,���, _ � ���— A F Z A ✓1 ,� � -- _ ,,t,���„ SHARY G '�� c% lic, State ot Texa`- �+ . iSctary Pu� � 2U22 Signed C% �; � 4� �M1` :..�.�', _ �omcn. Ex�}r?s 01-_5- � ` (Notary) i� r"'T���F ��'� hccary ;,=�-�— '`-�,�,,,�,� Pfease see Ad on following page(s). Page 1 of 2 TX ASSOC OF SCHOOL BOARDS 12007 RESEARCH BLVD AUSTIN, TX 78759-2429 InvoicelOrder Number. Ad Cost: Paid: Balanoe Due: Texas Association of School Boards Jur�e - December 2018 Bid Advertisement Propasal Proporal Name Proposal Pcoposal Contract Contract Number Due Date DueTime Ef%cdve Date Expiration Date 580-18 Law�eedElectricVe6icles(IS� 1/1�018 4:OOPM IL1/2018 I1/30/2021 581-19 JobOrderContractiog(RSMeans) 8/16/2018 4:00PM 4l1I2019 3/31l2024 582-19 WatcrStorageTankMnintena►�ceandRehabilitationandTrenehlessPiEse 8/�/2018 4:OOPM 4/Il2019 3/31/2022 Repair Systetar 583-19 Alhletic, Physical EducaUon, Gym�sium Supplies and Equipment and 8l3Q/2018 4:Q0 PM 4J1/2019 3l3U2022 Heavy Duty Exercise Equipment and Related Aaessories 584-19 Fumiture for School, OfGce, Science, Lihrary azed Dormitory 9/6l2018 4:00 PM 4/1/2019 313 U2022 585-19 Job Order Cantracting (Gordian ezIQC1° for �lissauri) 9l13l2018 4:00 PM 4f 1/2019 3131/2022 586-19 Correctional and Detention Facility Equipment and Supplies 10/I I/2018 4:00 PM 6/1/2019 5l31I2022 587-19 UniformsandAccessories 10l25/2018 4:OOPM 6/1l2019 5/3112022 588-19 Awards.Trophiesand Personal Recognilion Products I I/ISI2018 4:00 PM 7/1l2019 6l30/2022 589-19 WatcrandWasterwater Pumpsand Motors 11/24/2018 4:00 PM 7/1/2019 6l3012022 590-19 Fueling Systems and E�uipment 12/6/2018 4:Q0 PM 7/1/2019 6l30I2U22 591-19 GeaeralDisasterRuoveryaedRestorationServices U(7/2019 4:00PM 10/i12019 9/30I2022 592-19 Parksand Recreatian Equipmentand Field Lighting Productsand t/24/2019 3:W PM l0/1l2019 9/30l2022 Installation 593-19 Sewer Inspection and Cleaning Products IR4/2019 4:Of1 PM 10l112019 9/30I2022 Pro�sal invitations will be naceived by the Local Government Purchasin� Cooperative, Cooperative Purchasing OtTice, 12Q07 Research Blvd., Austin, TX 78759 and then opened: NOZ'E: Specifications will be available on-line one month prior to due date. Proposal Specifications may be obtained from our web site vendocbuyboard.com or from the olFices of the Texas Association of School Boards, Cooperative Purchnsing Ot&ce 1200T Research Blvd., Austin. TX 78759. T6e Cooperative reserves the right to reject any or all bids and to waive any formalities in bidding except time of filing. 000037Q409 $4,588.00 $0.00 54,588.00 Page 2 of 2 B�owNsvrLiF,,�, �.*,�.�•�k L� 7:.. ��.��'.' �i ;� -� � , i� �. _ °�� � , � :.; - PiTBLISHER' S AFFIDAVIT STATE OF TEXAS COUNTY OF CAMERON I Jose Andres C�rrizales, being dul�� s«�orn on l�is oatl� s�atcs tE�at lie is a rc�resent�€ti��e of The Bro►w��isville ��erald and that tl�e attachec� notice appeared in thc follo���i��g issues: D�te: JUN� OS, 2018 Acct: 40021292 TFXAS ASSOCIATION OF SCHOOL [30ARDS Ticicet: 30089G5� JOSE IZALCS III Subscribed and s���orn ta bcf{�rc mc an this tkar � day of Junc 2018. �— _, ,�4},'f'r�f,� �^lsC�LY GUA,i�RC�() � s� ��o�.•' �� n ic, 5�8Ee oi iext"� � :� : ; =Nota.ry Pu I� �I �: = i .��':. �" .•�'= Comrn. E.�pir�s G3 O6-2U?C i :r L.���'�%,1�1„�;� �fc��,��ry 11� 1'C6E:95�B _...� ._� — _— ---_ � ��� � Natitry Public, Ca ce-o« Cou ty Statc of Te�as Proposa! Propasaf Propose! Propos�a� Contract Number lVame Due bate Due'�ima �Nective pate Exp��ti�ra C;� 580-78 Low-5peed Electria Vehicies (LSV) 7/12/ZpiB 4:Op pM 12/1/2p1g 1 f/g0�2021 J 583-19 Job Order Contractirrg (RSMeans} $/16/2p18 4:00 �{v1 4/1I2019 3/31/pp2q 582-18 Water Storage'�ank Maintenance and 8/23/2018 4:00 PM 4/1/2019 3/3i/2022 Rehabilitation and Trenchless Pipe Repair 5ystems 583-19 Athletic, Physical Educat�on, Gymnasium 8/39/201� 4:40 PlVt 4/112p1g 3/3112p22 Suppiies and �quipment and Heavy quty �xercise Equipment and Relaied Accessories 584-i9 FurniEure tor 5choof, pffice, Science, 9/6120�8 A:00 PM 4/�/2Q19 3/31/2022 Library and Dormitory 565-i9 Job Order Contracting (Gordian ezlQC� for 9/13/20�8 4:�0 pfV1 q/7/2p1g 3/31/2022 tv�issauri) 586-i9 Carrectional and Qeiantion Facility 10/11/2078 4:D0 PM 6/1/2D19 5/31/2022 Equipment and 5upplies 587-19 Unrforms aad Accessories 1Q/25120�8 4;00 PtVi 6/�/2419 5/31/2022 588-19 Awards, Traphies and Personal Recognition t 1/15/201 B 4:00 AN! 7/1/2D19 6/3a/2d22 ProduCts 589-19 Water and Wasterwater Pumps and Moiors f�/29/2418 4:00 PM 7/1/2019 59D-19 Fueling 5ystems and Equipment 12/6/2018 4:00 PM ��1�2a1g 6/30/2p22 591-19 General Disaster Recovery and Restoratian 1l17/2D�9 4:OQ Pfvl 10/1120i9 9 30/2022 Services 592-19 Pa�ks and Recreation Equipment and Field 1/24/2019 3:00 PM 10/912fl19 9/3d/2022 Lighting products and Installation 593-19 5ewer lnspection and Cleaning Producis 1/24/2079 4:00 PM 10/1/2019 9/30/2022 Proposal invitations will be received by the Local Governme�it Purchasing Cooperative, Cooperative Purehasing OfFice, 12007 Research Blvd., Austin, TX 78759 and t3�en opened: NOTE: Specifications will be available on-line one inonth prior to due date. Proposal Specifications may be obtained from our web site vendor.bu board.com or fro�n the otfices of the Texas Association of SchooI Boards, Cooperative Pvrchasing Office 1z007 Research Blvd., Austin, TX, 78759. The Coo�erative reserves fhe Xight to rejecE any or aI( hids and to waive any fnrmalities in �ic��ii�i� ���ept tim.� �f filing. 84 7008965,$ . ~' - BROWNS��LLF�, �-, ; � �, � �-�-�:,. .A f,A ,�}��f�r , . _ ,�' PUBLISHER' S AFF�DAVIT STATE �F TEXAS C4UNTY OF CAM�RON I Jose Andres CRrrizales, being c�ul}� sr��orn on his oath states that he is a representatir�e of The I3ror��nsville Herald .�nc� that thc aFt�ched noticc appcarcd i�i the follo�►�ing issucs: D�te: JUN� 12, 2018 Acct: 40021292 TCXAS ASSOCIATION OF SCHOOL �30ARUS Ticket: 300896�� Subscribed anci s►��orn to �- ��JO A. CAREZIZAL�S ITi beforc mc on this tl�e �� day of Junc 2U18. � � � � _o� ��ry Public, C�meron Counfy� �a�e of Texas -�.,�,:.,-.�.�...= ��.��._ �.�-�_-�----~-e�� - _ ,;., - �,,,�v�,:,,,, MFFiIA EL.Ei�IF� GAr��iF =•�r�...?�6��vNotarY Qublic, State a{ iexa_ s'vA.��,•"^= C;r;mn�. £�Pires C6-G6-?Q2�� �y � � ;��.`:S� 1�4ot�^ry !� ;346;���3c� ��'%,,.: �'�,�t' .ariP����a/K'.�MV �CF-"wS r�'K3.� . Proposal Proposal Ptaposal Proposal Gantraci Contract Number Name Due Date Due Tirne EHective Date Expiration Date 580-18 Low-Speed Electric Vehicfes (LSV) 7/12/2018 4:Q0 PM 12J1120i8 11/30/2021 58i-19 .�ob Order Contracting (RSMeans) 8/16/2018 4:00 PNf 411l2019 3I31/2024 582-19 Water Storage Tank Maintenance and 8/23/2418 4:00 PM 4/1/2019 3I3112022 Rehabilitaiian and Trenchless Pipe Repa"sr Systems ,583-19 Athletic, Physical Education, Gymnasium 8/34/2018 4:aa PM 4/1120i9 3/31/2022 Supplies and Equipment and Heavy Duty Exercise Equiprrtent and Related Accessories � 584-19 Furnilure for School, Office, Science, 9/6/2018 4:00 PNt 4/�l2019 3/31/2022 Library and �ormirory " 585-19 Job Order Contracting (Gordian ezIQCC�}ior 9/13/2018 4:00 PM 411/2Q19 3/31/2022 Missouri) 58fi-19 Correctional and Detention Facility 10/11120i8 4:OD PM 6/1/2019 5/31/2022 �quipment and Supplies 587-19 Uniforms and Accessories 10/25/2018 4:�0 Pi+A fi/112D19 5l3i/2022 588-19 Awards, Trophies and Personal Recognilion 11f15/2018 4:00 PM 7/1I2019 6130/2022 Products 589-19 UVater and Wasterwater Pumps and Motors 11/29/2016 4:D0 PNf 71t/2019 6/30/2022 590-t9 Fueling Systsms and Equipment �21612Q18 4:00 PM 71Sl2619 6/30I2022 591-19 General Disaster Recovery anci Resloralion 1/17/2019 4:00 PM 141112Q19 9/3d12022 Services 592-19 Parks and Recreation Equipment ancE Field 1124l2Q79 3:00 Psvi 1d11120�9 9/3012022 Light'sng Products and Installation 593-19 Sewer Inspection and Cleaning Products 1/24/2019 a:00 PM 1011I2D19 9l3012422 FioposaI invitations will be received by the Local Government Purchasing Cooperati�e, Cooperat i�-e Purchasing Office, 1200'7 Research BIvd., Austin, 'I'� 78759 and t��en opened: NOTE: Specifications will be available ori-lir�e one month prior to due date. Fropasal Specifications maybe obtained from ourweb site vendor.buybaard,com or frorn the ofCices of the Texas Assaciation af School Baards, Coaperative Purchasing O#�ice 12007 Research Blvd., Austin, TX, 78759. 'Ihe Coaperative reserves the right to reject any or all bids and ta tivaive any formalities in bidding except time of filing. ,�.,�, AFFIDAV IT OF PUBLICAI'ION STATE OF TCXAS COUNTY OF DALI.AS Before me, a Notary Public in and for Dallas County, this day personally appeared Filiz Onculer, �Ldvcrtising Representative far The Dallas Morning News, being duly sworn by oath, states the attached advertisement of Texas Association of School Boards was published in The Dallas Morning News June 5, 201 S .iune 12, 2018 .1 1�► �.. . _ _ ' j . . - Sworn to and subscribed beFore me this June 13, 201$ a ary Public) ,�..�.,.�� - — �Yt����^ 3i.�•I;K �'�_ ��` iv�4:�': U �:120:'110ii1 �1 �1 :.�' t�r C�n r�sun E;i;�res �',". --,,. Sct:sy 27. �U21 !RYlr���R�t��'��, daf4asne�tis.com �i�$ & pro�� Bids & Pruposals Bids & Propasals Bids & Proposals � Bids & Praposals co�,+roc� co�sro�r � - PioPosn� QroPosal Effedive Expiralion Proposnl Nome puc pUe Date 6nte PraPosal pate Time Number ����p�g 7113N2021 7114/2018 4:00 PM y112019 3731l2024 SBO-18 Low-SPeed Electric.Vehides iLSV) g�16f2918 4:Oo PM 5B3,tiq �QrOrStora9e�7unknMoRtenffnC2}Pf1SS ���0i9 3/3iR022 582-19 �3r�O16 a: W PM RehabiiitaSion ond Trenchless Piqe � Repnir Svsfems 583-19 Afhtetic..Phvsicol Ed�catian, ����19 ��1202Z Gymnaswm Suriplies and EauiPment �O�Q18 4:00 PM an 1 RclaSed Ac[e snrle�se EquipmenT ,v4l2019 3l71l2922 Furniture lor School, Dff�ce, Science, 9f�djg 4:00 PM 584-19 Li6rary aitid DormiSory nl112019 31�}�2d�z 411312D18 4:00 AM SB5�19 .1ob Order Canirading 611l20Y9 5l�1l2022 {Gortl�un exYQCr:J {or Missouril , �ar������$ q:00 PM ��fZp79 5(31I2022 586-19 Carrcckional ond Detention Fou1lSY j�125l201B 4�� PM @quipmenS ond 5upPlies 711���9 �/gp�022 587-19 UniSorms and Accessories jjf��018 4�� �M 7/1/2019 6130l2072 �gg_}g Awords, Troph'ies and Personal ��M4�018 d•00 PM 7nR049 fl30��Z2 RecoSnis}on Produds �yyY0l8 4:QQ PM 584-19 Water ond Wasterwoter Pumps and Motors �a��p19 q�dZ� �qp_�q Fuelin9 Sv,stems and Equiqment d:0 PM 5q1-19 Genernl Disaster.Recovery and 1117�p19 � q�3pM022 f2cstorafion Serv�ces 1j24�Q�9 g:60fPM ���M�19 9130I2022 592-19 Porks and Recreotion Eaul�ment 4,qfl PM 10�1l2079 ❑nd Field Li9htin9 Producl5 and lnstallation ��,yM019 593-19 Sewer Inspeciion and Gleanins Products 1200 �RelsevrchrBWdwAu�StineTXv 78 59 and ihea4 penednment Purchasin9 Cooperati�e, CooperaSive Purchasing 0�ce, esearch 81vd.. Austin. TX, 78759. The Coaaerati�e reservas fhe n9hs So reiect anv ar oll 6ids 4rom o�sr Weh site vendor.buvboard.co-m or from The ofiices of She Taxus Assoc�otion ot Schoai Boards. Cooperafive NOTE: Speciiicotions �vill be 6voilable an-line one monfh nrior So ciue date- Propasol Saecilicnsions maY be obtaine Purchasin� Ofiice 12007 R_ � �- ond fo wo�ve any formalities in bidding except fime of filing. E����::�1;, _ , � _ __---.�__ _ _ AFFIDAVIT OF PUBLICATION Ad No. 000124935U TEXAS ASSOC. O� SCHOOL BDARDS PO BOX 400 ALJSTiN TX 78767 I, being duly sworn say: EL PASO TIMES, a daily newspa�er of general circulation pub[isf�ed in the City and County EI Paso, State of Texas, which is a newspaper of general circulation and which has been continuously and regularly published for the period of not less than one year in the saicE County of EI Paso, and that he/she was upon the dates herein mentioned in the EL PASO TIMES. That the LEGAL copy was p�blished in the EL PASO TIMES for the date(s) of such follows 2 DAY(s) to wit 06105/18 06/12/18 Proposal Proposai Name Proposaf Number Due Date 580-1$ Low-Speed Electric Vehicles (LSV) 7/12/201! 5$1-14 �ob Order Contracting (RSMeans) 8/I6/2017 582-19 Water Starage Tank Maintenance 8/23/201f and Rehabilita#ion and Trenchless Pipe Repair 5ystems 5$3-19 Athletic, Physical �ducation, 8/30/2Q1� Gymnasium 5upp{ies and Equipment and Heavy Du#y Exercise Equipment and Related Accessories 584-19 Furniture for School, Office, 5cience, 9/6/201E LiE�rary and Dormitory 5$5-19 Job Order Contracting 9/13/20I! (Gordian ezIQC P' for Missouri} 586-19 Correctional and petention Facifity 10/11/Z0: Equipment and Supplies 587-19 Uniforms and Accessories IO/25/2C 588-19 Awards, Trophies and Personal 11/15/20 Recogpition Products 589-19 Water and Wasterwater Pumps li/29/2C and Motars 590-19 Fueling Systems and Equipment 12/6/20: 591-19 General Disaster Recovery and 1/17/201 Restoration 5er�ices 592-19 Parks and Recreation Equipment 1/z4/20l and Field Lighting Products and fns#allation 593-i9 Sewer Inspection and Cleaning 1/24/201 Products Proposal invitations will be received by the Local Governm� Office, 12007 Research Blvd., Austin, TX 78759 and then ope NOTE: Specifications will be a�ailable on-line one month pi tained from our web site vendar.buybaard.com or from the c operati�e Purchasing Office I2007 Research Blvd., Austin, T ject any or all bids and to waive any forrrEalities iR biciding exc r C/�L.��� ./� Legal Cl�rk Subscribed and sworn before me this 12th of June 2018. � C State of WI, a nty of wn NOTA PUBLIC �� � ����-�: � My Cammission Expires Ad#:0001249350 P O : � 249350 # af Affidavits :0.00 6/5, 6/12, 20i8 (#1249350) \,�yt�titiii�iirr�ri ��`�\J�G�Y � F��T��'', ,, �pTAl�y -- �,. . m� _ � <n `• r'CIBL�G '� z � �`. :� - ��'.9�c�'-•.......••�-�� � `\. � �'i�� �/,O fil I�� i `SG`\\��� �roposaS Proposal Name p�°� p°ate �ue Time Effective Expirat on Vumber Date Date 580-18 Low-Speed Eleciric Vehicles (LSY) 71�z/20i8 4:00 PM 12/I12018 11/30/2021 581-19 Job Order Contracting (RSMeans} 8/16/2018 4:00 PN! 4/UZ019 3/31/2�24 582-19 Water Storage Tank lvlaintenance 8/23/2018 4:Q0 PM 4/ilZ014 3/31/2O2Z and Rehabilitateon and Trenchless Pipe Repair 5ystems 583-19 Athletic, Physical Education, 8/3D/ZO18 A:00 PM A/112019 + 3/31/2022 Gymnasium Supptiies and Equipment and Heavy Duty Exercise Equipment and Related Accessories 584-19 Furniture for School, Oifice, Science, 9/6/20I8 4:00 PM 4/1/Z019 3/31/2022 LiUrary and Dormitory 585-19 Job Order Contracting 9/13/2018 4:00 PM 4/1/2019 3/31/2022 (Gordian eziQCy for Missouri) 586-19 Correctional and �etention Facility 10/11/2018 Q:00 PM 6/L2019 5/31/2022 Equipment and Supplies 587-19 Uniforms and Accessories 10/25/2018 4:00 PM 6/U2019 5/3U2022 588-19 Awards, Trophles and Personal 11/15/20I8 4:00 Plvi 7/11z019 6/3D/Z022 ReCognition Products 5gg-1.9 Water and Wasterwater Pumps llJz9/Z418 4:OQ PM 7/1/2019 6/30/2022 and Motors 591�-i9 General D�sast r iieeovery ndt 1/17% 019 4:00 PtvS 10/1/ 0 9 9/30/20�2 Restoration Services 59Z-19 Parks and Recreation EGuipment 1/24/2419 3:00 PM 10/1/20E9 9/30/2022 and Field Lighting Products and Installation 593-I9 Sewer Inspectian and Clean'sng 1/24/z019 4:00 PM 10/1/2019 9/30/2022 Products Proposal invitations Will be received by the Local Government Purchasing Cooperative, Cooperative Purchasing qFfice, 12007 Research Blvd., Austin, TX 78759 and then opened: NOTE: Specifications wiSl 6e avai4able on-li�se one manth prior to due date. Proposal Specifications may 6e oU- tained From our web site vendor.buy�oard.com or from the of#ices of the Texas Association of Schoal Boards, Co- operative Purchasing Office 12007 Researcfi Blvd., Austin, T7(. 78759. The Cooperative reserves Ehe right [o re- ject any or all bids and to waive any formalities in bidding exaept time of fiting. I 6/5, 6/1Z, 2018 (#12a9350) Q0001793�42 TEXAS AS50CIATION OF SCHO�L Page 1 pf Z Haus�on,Ch Sonicl� ��� N1�D1;� � GPOU�� AFFIQAVIT OF PUBLICATION STATE OF TEXAS: Befare me, the undersigned authority, a Notary Public in arsd for the 5tate of Texas, on this day persar�all� appeared, the Newspaper Representati�e at the HOUS70N CHRONICLE, a daily newspape� published i Harris County, Texas, and generally circulated in the Counties of: HA�RIS, TRINITY, WALKER, GRIME� POLK, SAN JACINTO, WASHIf�GTON, MONTGOMERY, LIBERiY, AUS�IN, WAL�ER, CHAMBERS, COLORADO, BRAZbRIA, FORT B�ND, GALVESTON, WHARTON, JACKSON, and MATAGOR�A and that the publication, of which the annexed herein, or attaci�ed to, is a true and correct copy, was publishe� to-wit: TEXAS A550ClA�ION QF SCHO�� RAN A LEGA� NOTIC� SIZE BEING: 4 x5$ L Product Houston Chronicle Houston Chronicle bate Class Page Jun 5 2018 Bids-Proposals B 4 Jun 12 2Q18 Bids-Proposa�s B 4 Sworn and subscribed to before me, this i2ih Day of June A.D. 2018 ( // ;) /' ./) �/A /, ��! �,,��.., �" � � Notary Public�in and far ihe State of iexas ,� , ` ````,��t�i i�A rr�i��,i . � � S ��' �'�• . � gaz�s • 'y . ��Q-�: ��•1ZRY P 4�,� • 0 ' 2 •. =��P ����n . �� —U : ����pF't�'Py � ��i • �' �XP I f����•' . ���• ,,,���q�rfi s��x�����`', fl000171342 HC004513224 . � _ . � . 0000171342 TEXAS ASSOCIATION OF SCHOOL Page 2 of 2 Houston Chronicle CLA95�FIE05 Proposal Proposal Name Proposal Proposai Contract Contract Number Oue Date Oue Effective Expiration Time Date Oate 580-18 Low-Speed Electric Vehicles (LSV) 7/12/2018 4:00 PM 12/1/2018 11/30/2021 581-19 Job Order Contracting (RSMeans) 8/16/2018 4:00 PM 4/1/2019 3/31/2024 582-19 Water Storage Tank Maintenance and Rehabilitation and Trenchtess Pipe 8/23/2018 4:00 PM 4/1/2019 3/31/2022 Repair Systems 583-19 Athletic. Physical Education. Gyrrtnasium Supplies and Equiprrsertt and Heavy Duty 8/30/2018 4:00 PM 4/L2019 3/31/2022 Exercise Equipment and Related Accessories 584-19 Furniture for School. Office. Science. Library and Dormitory 9/6/2018 4:OOPM 4/L2019 3/31/2022 585-19 .lob Order Cont�acting (Gordian eztQC� for Missouri) 9/13/2018 4:00 PM 4/L2019 3/31/2022 586-19 Correctional and Delention Facility Equipment arsd Supplies 10/11/2018 4:OOPM 6/1/2019 5/31/2022 587-19 Uniforms and Accessories 10/25/2018 4:00 PM 6/1/2019 5/31/2022 588-19 Awards, Trophies and Personal Recognition Products 1L15/2018 4:00 PM 7/1/2019 6/30/2022 589•19 Water and Wastervvater Pumps and Motors IL29/2018 4:00 PM 7/1/2019 6/30/2022 590-19 Fueling Systems and Equipment 12l6/2018 4:00 PM 7/1/2019 6/30/2022 591-19 General Disaster Recovery artd Restoration Services 1/17/2019 4:00 PM 10/1/2019 9/30/2022 592•19 Parks and Recreation Equipment and Field Lighting 1/24/2019 3:00 PM 10/1/2619 9/30/2022 Products and Installation 593-19 Sewer Inspection and Cleaning Products 1/24/2019 4:00 PM 10/1/2019 9/30/2022 Proposal invitations wifl be received by the Local Government Purchasing Cooperative, Cooperative Purchasing O(fice, 12007 Research Blvd., Austin, TX 78759 and then opened: NOTE: Specifications will be available on-line one month �rior to due date. Pro� osal Specifications may be obtained (rom our web site vendor.buyboard.com or irom the offEces of the Texas Association of School Boards, Cooperelive Purchasfng Office 12007 Research Blvd., Austin, TX, 78759. The Cooperative reserves the right to reject any or all bfds and to waive any formalities in bidding except time of filmg, AFFP Bid Advertisement Affidavi# of Pubtication STATE OF TEXAS } S5 COUNTY OF LUBBOCK } Robin Morse, being duly sworn, says: That she is Adve�tising Sales Manager of the Lubbock Avalanche-,lournal, a daily newspaper of g�neral circulafion, printed and p��lished in Lubbock, Lubbock County, Texas; that ihe publication, a copy of which is attached hereto, was publ3shed in the said newspaper on June 05, 2018, June 12, 2018 That said newsgaper was regularly issued and circulat�d on those dates. S]GNE : r '��r Ad� rtising Sale` ManageL Subscribed to and sworn to me ihis 12th day of June 2018, I' ,�- � . ' ;� Carly Stewart, ota Public, Lubbock Counry, Texas My commission expires: Febrttary 06, 2422 Op000173 16014659 8002i15454 iEXA5 ASSOC OF SCMOO� BOARDS 12007 RESEARCFi BLVD AUSTIN, TX 78759 ��t�i�u��rr�i�rrr .�•�''��,� STF[ti'''�.. �����: ����Y���e� 9�'� = .a , ' ;•� = .�*• �' +�.,,.����• ;'�,,= �, '�r ' ... ....• ���.. . •.,���sS3w, '' - � `���• 'f�����111111i111���► Proposal Number 580-18 581-1g 582-19 583-19 584-l9 I PrnposallVame Proposal �ow-Speed Electric Vehicles ��e Date (�S� 7/12/2018 Job Order Cpntracting (RSMeans} 8�16/2018 Water Storage Tank Maintenance and Rehabilitatron and S/23/2D18 Trenchless Prpe Repair Systems Aihletic, Physical Education, GYm�asium Supplies and �quiprnent and Haavy duty 8/30/2018 Exercisa Eq�ip�ent and Related Accessories Furniture for Schoof, dffice, Science, Libraryand g�g�2qy8 Qormitory Joh Order Cantractin Propvsal Contract Due iime Effective �ate 4:00 PM 12l1/20i8 4:00 PM 4/1/2019 4:00 PAA 4!1/2019 4:00 PM 4/y/p�19 4:00 PM 4/?/20i9 Contract Expirat�ip� pate 11/30/2021 3/31� �� 3/3 V2p22 � 3/3i/2022 3/37/2� 585-19 9 {Gardia� eZIQC� for 9/�3/2018 4:00 PM Missouri) 4�1�2019 3/31/2022 Correciional and petention 586-19 Facility Equrpment and 10/1 �/2p1 � 4:Op PM Supplies 6�1�2fl7g 5l31/2022 587-1g UniformsandqccessorEes i0/25/2Q78 Awards, Trophies and 4�00 �� 6�7����9 5/3�/2q22 �88'Z9 Personal Recpg�ition T1�15�2018 Products 4:00 pM ����2�i9 6�3��2fl22 589-19 Water and Wasterwater Pumps and Motors � 1�29�2�y8 4:00 PM 7���pq79 $g0_79 Fuefing gystems and S/30/2p22 �quipment 12/�/2018 4:Qfl p� 7/1l2019 531-19 General p�saster Racovery 6/30l2D22 antlRestorationServices y�y��2D�9 4=0QpM 10/1/2019 Parks and Recreatian 9/30/2022 Sg2-tJ Eq�+�pm+ent and Field Lighting Producis and ��24/2079 3:00 PM 10/Y/2019 Insiallation g/30/2022 5g3„1g Sewer fnspection and CleanE�g Products 1�24�2��g 4;00 p� 10/1/2019 Proposal invitations will be received by ths Local Govemrttent Purchasing Coopsrative,sCooperative Purck�asing Office, f2p07 Research Blvd., Austin, TX 78759 ana u��n ope�ed; NorE: Speoitications will be available an-line one mnntn p.ior ro d�� dace. f�raposal Spec(fications may be obtained €rom our web site vendor.buvboard.com or from the offices of the Texas Associatron of School Boards, Cooperative Purc�asing Oifice 12007 Research Bl�d., Austin, TX, 7875g. The Cooperative resen,es the rrght to reject any orall bids and to waive any formaliires in bidding except time of filir�g. _' . 1&1601t059 S#aedard•Times PROOF OF PUBLlCAT101� TEXAS AS50CIATION 0� SCHOOL BOARdS SARA FOL�IN P 0 BOX 400 AUSTIN, TX 78767 State of Wiscansin, Gounty of Brown On lune 12, 2018, personaliy appeared before me the u�dersigned, a Natary Public in and for said county and state, fega� clerk of the 5AN ANGELO STANDARD-TIMES, a daily newspaper published in 5an Angelo, Gounty of TOM GREEN, State of Texas and of genera� circuEatian in the followir�g counties: Tom 6reen, Coke, ConcMo, Crockett, Irion, Kirnble, Mason, McCutloch, Menard, Reagan, Runnels, Schleicher, Sterling, Sutton. The attached ad�ertisement, a true copy of which is hereto annexed, was published in said newspaper in its issues thereof the following dates: lune 5, 2018 June lz, 201$ Suhscribed and sworn ta beforE me on Jutte 12, 2018. Cj�.�"i�� � 1 My commission expire� :\d#: 2U33(1f1G P.O.: `•' nf�;1t'li�l.i� its: fl �,•,�,, �,! � �r;,,�f, \,.�����'�� F �LTJ-"'�, J = C��s� - ���•. pUB��C' ''� `�- � c�•. • .•' �, '�• -9T � • ., . •' �O �.� � F'� � �W+ S ����. Proposdl Numbcr Proposdl Name Proposal Due Date Proposal ��e Time Cantract Effective Date Contract Expira[inn Datc 580-k8 Low-5peed �lectric Vehicles (LSV) 7/12/201$ A:00 PM 12/1/2�1811/30f2021 581-19 Job Order Cantract� ing (RSMeans) 8/16lZ018 4:00 PM 4/1/2019 3/31/2024 582-19 Water Stora9c Tdnk Maintenance and Rehabili- tation and Trenchless Pipe Repair Systems 8/23/2018 4:00 PM 4/1/2019 3/31/2022 583-19 Athletic, Physical Education, Gymnasium 5up- plies and Equipment and Heavy Duty Exercise Equip- ment and Related Acccsso- ries 8/30/20184:00 PM 4/1/2019 3/31/2022 584-19 Furniture far School, Offiee, Science, Library and Darmitory 9/6/2018 4:60 PM 4/1/2014 3/31/2022 585-19 Jvb Ordcr Cnntract- ing (Gordian ezIQC^' for Mis- souri) 9/13/20184:{}0 PM 4/1/2�19 3/31/2022 586-19 Correctionai and Detention Facility Equip- ment and Supplics IO/I1/2018 4:00 PM 6/I/2019 5/31/2�22 587-19 llniforms and l�cces- saries 10/25/2018 4:OD PAA 6/1/Z019 5/31/2pZZ 588-19 Awards, Tro- phies and Personal Recognitian Praducts iii15izois a:oa Pnn 7���Zai9 6l30/2022 589-19 Water and Wastcr- water Pumps and Motors 11/29l2018 4:04 PM 7/I/2019 6/30/2022 59�-19 Fueling Systems and Equipment 12/6/2018 4:00 PM 7/1/2019 fi/30/2D22 591-19 General f7isastcr Recovery and Restoration 5ervices 1/17/2019 A:pO PM 10/1/201R9/30lZOZ2 592-19 Parks and R�crc- atinn Equipmcnt and Field Lighting Prociucts and Instal- fatian 1/24/26193:0� PM 10/1/2D19 9/30/z0�2 593•19 Sewer fnspec- tion and Clcaning Prcrd- ucts 1l24/20194;00 P�v! io�i�zoi9 9/30/Z022 Proposal invitations will be received by the Local Gov- ernment Purchasing Cnnper- akive, Coaperati�e Purchas- ing Office, 12007 Research Blvd., Austin, TX 78759 and thenopened: NOTE: Sp eCifiCatinns will be availaf�le on-line one month prior to due date. Proposal Specifications may be obtained from our web site vendor.i�uybnard. cpm or from the o�fiees ai the Texas Association aT School Boards, Cooperative Purchasing Dffice 120�7 Research Blvd., Austin, TX, 78759. The Gnoperativc reserves li1e right to rejeCt any or all bids and to waivc any formalities in bidding except time of filin9. �� . Notary Public � HEARST MEDfA S�LUTIONS San An3onio Express-Ne�•:s I ExpressNews.com � mySAcom SAN ANTONIO EXPR�SS NEWS AFFl�AVIT OF PUBLICATIQN STATE OF T�XAS: COUNTY OF BEXAR Before me. the under5igned a�thorify, a Notary Public in and for the Stafe of Texas, on this day personally appeared: Lynette Neison, who after being duly s�r�orn, says fhat sf�e is the BOOKKEEPER of HEARST NEWSPAPERS, LLC - dba: SA�! ANTOiVlO EXPRESS- NEWS, a da€iy newspaper published in Bexar Caunty, Texas and that th�; publication, of which the annexed is a true copy. was published to wit: Customer ID: 70302� Customer Name: Tex�s Assn Of School 8oards Order I�: 2965222 Pubficatinn Pub Date N , 5- -1 EN ROP 12-JUN-18 �J �' ��1 Lynette Nel n Bookkeepe Sworn and subscri�ed ta before me, this � cEay of�A.p. �� � I�otary public in and for the State af Texas � �� � �� ���11YAr��/ MONIQUE EGAN �� ��CP; .. G6 �. —=r �sNotary Pubfic, 5tate oi iexas :N�r�+v� Comm. Expires 08-03-2D2p �i�FpF�S�`�� Notary ID 3183735 ��N I I tl�� E�ibit C CaNFLICT �F INTEREST QUESTI�NNAIRE F�RM �IQ F�r �endor doing husiness witn lacal go�err�mental �ntity This questiannaire reflects ohanges made to the law by H.B. �3, 84th Leg., Regular Session. flFFICEl15EQNLY This qusstionnaire is being filed in a�cordance with Cha�ter j7fi, Lacal Government Code, by a vendor wh❑ ❑ate Recei�ed has a husiness relatianship as defined by 5ection i76.001(1-a] with a lacal go�ernmental entity and the vendor meets requiremen[s under 5ection � 76.006[aj. 8y law this questionnaire must be filed with the recbrds administrator of the locaf governmentaf entity npt later than the 7th business day after the date the vendor be�omes aware oi facis that require the statement to be filed. See 5e�tion � 76.006{a-� ), Lv�al Ga�ernment Code, A �endor commits an affense if [he �endor knawingly violates 5eatian 17$.Ofl6, Local Governmenl Gvde. An offense under this section is a misdemeanar. � Name af �endar wha has a business relationship wi#h looal ga�ernmentaf entity. GameTime clo Tatal Recreatian Pradu�ts, Inc. � ❑ Che�k fhis hQx if you are filing an update to a previausly filed questionnaire. {The law requires thai you file an updated com�leted questionnaire wit� the appropriate {iling authority not later than the Tth business day after the date an which you became aware that the originally filed questionnaire was incompl�ts or ina�curate.] 3�Vame of lacal ga�ernment officer about wham the informatiott is being disclosed. Nane Name of Offi�er 4 Describe each employment or ather business relatianship with the lacai ga�ernment officer, or a famiiy member af the officer, as described by 5eciion 17fi.0U3�a}{2){Aj. Also des�ribe any family relationship with the foca� go�ernment otficer. Complete subparts A and B for each employmen# ar husiness relationship described. AttaGt� additionai pages to this Farm CI%� as necessary. A. 15 the [ocal government officer flr a famify merrZber of the o#ficer receiving ar likely to recei�e taxa6fe incame, other than in�estment in�oms, from the vendor? � Yes � N❑ B. Is th�e vendor receiving or likely to re�eive taxable in�ome, ather than in�estment income, from or at the directian of the [ocal gavernment nifi�er or a fami[y mernber of fhe officer AiVD the taxat�le income is not re�eived irom the local go�ernmenta[ entity? � Yes � N❑ � Qescriae each employrnent or business relafionship tha# the venctor named in Section 1 maintains with a carporati�n or ather business entity with respect ta which the local go�ernme�t oifi�er serves as an officer or directar, ar holds an awnership interest of one percent or mare. Non� s ❑Check this box if the �endor has given the lo�al government a�ficer or a family member of the officer one or mflre gifts as des�ri3�ed in 5ectior� 176.0�3(a}{2}(8}, excluding gifts described in 5ection 176A�3[a-1}. 7 � � � Q�7�2�2� 5i� atun�re o� n dving h ess with the go�ernmental entity �ate Form provided bv Texas Ethic Commissipn www.ethics.state.tx.us Revised 1/1/2021 10/12/21, 2:11 PM CITY COUNCIL AGENDA DATE: 6/23/2020 REFERENCE **M&C 20- LOG NAME: 13P COOP PLAYGROUND NO.: 0151 EQUIPMENT BB PARD TT CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Purchase Agreements with Multiple Vendors for Recreation Equipment and Field Lighting Products Using a Cooperative Contract for the Parks & Recreation Department in the Combined Annual Amount Up to $750,000.00 and Authorize Two Annual Renewal Options (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize Purchase Agreements with the vendors listed below for parks and recreation equipment and field lighting products using Texas Association of School Boards (BuyBoard) Contract No. 592-19 for the Parks and Recreation Department in the combined annual amount up to $750,000.00 and authorize two annual renewal options. FOR�'�'�'�RTI� -�� DISCUSSION: The Parks & Recreation Department (PARD) approached the Purchasing Division to finalize annual agreements to purchase new equipment and replacement pieces from multiple vendors which will be installed by the PARD Small Capital Projects Crews (SCPC) and maintenance staff. PARD staff recommends awarding multiple vendors offering a variety of products offered through BuyBoard Contract No. 592-19. Recommended vendors and award amounts are listed below: Vendor Total Recreation Products, Inc. Childs Play, Inc. Insite Amenities, L.P. Webuildfun, Inc. Whirlix Design, Inc. Kompan, Inc. American Ramp Company, Inc. Shade Structures, Inc. Lea Park & Play Inc. Play and Park Structures BSN Sports, LLC Playground Solutions of Texas, Inc. Total Award Amount $250,000.00 $150,000.00 $100,000.00 $100,000.00 $20,000.00 $5,000.00 $5,000.00 $5,000.00 $25,000.00 $5,000.00 $75,000.00 $10,000.00 $750,000.00 M&C Review apps. cfwnet.org/counci I_packet/mc_review.asp? I D=27720&cou ncildate=6/23/2020 1/2 10/12/21, 2:11 PM M&C Review COOPERATIVE PURCHASE - The Purchasing Division will use BuyBoard Contract No. 592-19 to purchase new equipment and replacement pieces, from multiple vendors which will be installed by the SCPC and maintenance staff. State law provides that a local government purchasing an item under a Cooperative Purchasing Agreement satisfies state laws requiring that the local government seek competitive bids for purchase of the items. BuyBoard contracts have been competitively bid to increase and simplify the purchasing power of government entities. M/WBE OFFICE -A MBE/SBE goal is not assigned when purchasing from an approved purchasing cooperative or public entity. AGREEMENT TERMS — This agreement will commence upon City Council approval, and end September 30, 2020 to coincide with BuyBoard contract No. 592-19. RENEWAL OPTIONS - The BuyBoard Agreement may be renewed at the City's option for two additional one-year terms if BuyBoard renews its contract. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation and award of the contract, funds are available in the current operating and capital budgets, as appropriated, of the General and Capital Project Funds. Prior to any expenditure being incurred, the Park & Recreation Department has the responsibility to validate the availability of funds. BQN\\ TO Fund Department Account Project Program Activity Budget Reference # Amount _ ID ID �Year (Chartfield 2) I � Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: ATTACHMENTS Buy Board Docs .pdf Kevin Gunn (2015) Reginald Zeno (8517) Cynthia Garcia (8525) Tempy Thomas (7648) apps. cfwnet.org/counci I_packet/mc_review.asp? I D=27720&cou ncildate=6/23/2020 2/2