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HomeMy WebLinkAboutContract 57084CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement (“Agreement”) is entered into by and between Castro Roofing of Texas, LLC (“Vendor”) and the City of Fort Worth, (“City”), a Texas home rule municipality. The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1.This Cooperative Purchase Agreement; 2. Exhibit A – Seller’s Quote, Scope of Services or Purchase Order; 3. Exhibit B – Cooperative Agency Contract (e.g., NJPA, DIR, BuyBoard); and 4. Exhibit C – Conflict of Interest Questionnaire Exhibits A, B, and C, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the provisions of this Agreement. Total payment made under this Agreement for each year by City shall not exceed Two Million Eight Hundred Thirty-Three Thousand Three Hundred Thirty-Three Dollars ($2,833,333.00). Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. The initial term of this Agreement shall be for two years beginning on December 15, 2021 and ending on September 30, 2023. The City shall be able to renew this agreement for two (2) one-year renewal options by written agreement of the parties. Vendor agrees that City shall, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: CSC No. 57084 To CITY: City of Fort Worth Attn: Dana Burghdoff, Assistant City Manager 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney’s Office at same address To VENDOR: Castro Roofing of Texas, LLC Rodolfo Rodriguez 4854 Olson Dr. Dallas, TX 75227 Facsimile: N/A The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Vendor. CITY OF FORT WORTH: City of Fort Worth By: Name: Dana Burghdoff Title: Assistant City Manager Date: Approval Recommended: By: Name: Steve Cooke Title: Property Management Director Attest: By: Name: Jannette Goodall Title: City Secretary Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Name: Alan Shuror Title: Assistant Property Management Director Approved as to Form and Legality: By: Name: Taylor Paris Title: Assistant City Attorney Contract Authorization: M&C: 21-0950 VENDOR: Castro Roofing of Texas, LLC By: Name: Rodolfo Rodriguez Title: President Date: Alan H. Shuror (Feb 1, 2022 17:41 CST) Alan H. Shuror Steve Cooke (Feb 7, 2022 16:30 CST) Dana Burghdoff (Feb 8, 2022 08:52 CST) Dana Burghdoff Feb 8, 2022 Jannette S. Goodall (Feb 8, 2022 10:46 CST) Jannette S. Goodall EXHIBIT A SCOPE OF WORK 1.0 SCOPE 1.1 Vendor will supply labor, materials, parts, tools, and equipment necessary to perform Roofing Repair and Replacement Services that shall be purchased through the Cooperative Agreement TIPS RCSP 210603 Roofing (2 Part JOC) – Part 2 Only. 1.2 Purchases may be made by the City at any time during the contract term, as determined by the City. 1.3 Additional services of the same general category that could have been encompassed in the award of this Agreement, and that are not already on the Agreement, may be added based on the discount bid and price sheet provided with the bid by written, mutual, agreement of the parties. 1.4 Vendor is responsible for obtaining any required permits in the performance of this scope of work: 1.5 Vendor is responsible for ensuring work is inspected by proper officials upon completion 2.0 DEFINITIONS 2.1 Department Contract Manager shall be City of Fort Worth employee assigned to manage the compliance, oversight and/or administration of the contract or project for their department of employment 2.2 Designee shall be a City of Fort Worth employee assigned by the Department Contract Manager to assist with the compliance, oversight and/or administration of the contract or project 3.0 PROJECT QUOTATION PROCESS 3.1 Vendor shall provide a firm fixed quotation for repair in writing before proceeding with any repair work. When requested, Vendor shall provide an estimate for replacement of the equipment, in lieu of repair. If job estimates exceed $5,000 or the estimated cost is deemed unreasonable, the City may at its discretion competitively bid the work out as an independent contract. 3.2 The Department Contract Manager or designee shall provide the Vendor with the location, onsite contact, and general description of the service request. 3.3 For each project, Vendor shall submit a firm fixed price quotation to the Department Contract Manager or designee within five (5) business days of the notification for review by the Department Contract Manager or designee, or at a time mutually agreed upon between the Vendor and the Department Contract Manager or designee 3.4 The quotation will be evaluated for accuracy, demonstrated understanding of the project scope of work, schedule, and price. 3.5 Vendor shall provide a written firm-fixed price quote, based on the labor rates listed in the bid lines 3.6 The firm-fixed price quote shall include: 3.6.1 Description of the work to be performed including the type of service or products to be provided. 3.6.2 Itemized estimate of the materials including associated percent markup. 3.6.3 Itemized estimate of any rental equipment required, markup will not be permitted 3.6.4 Rental equipment may include, but is not limited to, aerial lifts, earth moving equipment, forklifts, specialty construction tools, specialty plumbing tools 3.6.5 Labor costs including number of hours, pay rates and worker classifications 3.6.6 A timeline, including proposed start and finish dates. 3.7 The submission of a firm fixed price quotation is evidence that the Vendor has familiarized himself/herself with the nature and extent of the work and any local conditions that may, in any manner, affect the scope of the work to be done, and the equipment, materials, labor, etc. Required. No variation in price or conditions shall be permitted based on the claim of ignorance, negligence, or false representation. 3.8 The Department Contract Manager or designee will review the quotations and, if in agreement/approves the quote, will issue a Department Purchase Order (PO) to the Vendor who submitted the lowest firm fixed price quote that meets the project scope of work requirements. 3.9 Vendor will not begin work without a Purchase Order from the City. 3.10 City reserves the right to reject any and all quotes. If the Department Contract Manager or designee does not agree with the lowest fixed- price quote as presented, the Department Contract Manager or designee may contact the Vendor to discuss and resolve. Once in agreement, the Vendor shall submit a revised fixed-price quote for approval to the Department Contract Manager or designee in one (1) business day, or at a time mutually agreed to between the Vendor and the Department Contract Manger or designee. The City may elect to reject the lowest fixed-price quote that does not meet project scope requirements and award to the next lowest fixed-price quote which meets the project scope of work. 3.11 Vendor shall acknowledge receipt of the PO by contacting the Department Contract Manger or designee by email or phone and within two (2) business days to schedule a start date. Services shall start within ten (10) business days of written approval by the City, or at a time mutually agreed to between the Vendor and Department Contract Manager or designee 3.12 Vendor shall complete the work within the time stated in the firm fixed price quotation. 3.13 Vendor shall notify the Department Contract Manager or designee upon completion of the services. 3.14 Vendor shall request additional time, in writing, if the Vendor determines the services being performed cannot be completed as specified in the firm fixed price quotation. 3.15 Vendor shall not increase the original fixed price quote for any Vendor requested time extension due to delays caused by the vendor. 3.16 Changes to Project Quotes 3.16.1 The firm fixed price quote is the maximum amount the City will pay for the service, regardless of increases in labor, equipment or materials initiated by the Vendor. Vendor changes to the approved firm fixed price quotation shall not increase the total dollar amount of fixed price quotation 3.16.2 Vendor shall immediately notify the Department Contract Manager or designee in writing (by email) if additions, deletions, and/or revisions to a job assignment are needed. 3.16.3 Within one (1) business day of verbal notification, the Vendor shall submit a written Project Quotation Change Request to the Department Contract Manager or designee. The City reserves the right to reject any changes to the project firm fixed price quotation requested by the Vendor. Under no circumstances shall Vendor proceed with changes to the project firm fixed price quotation without written approval from the Department Contract Manager or designee. 3.16.4 The Project Quotation Change Request shall include the following 3.16.4.1 The adjustment in the project time, if applicable 3.16.4.2 If the City requests to change a fixed-price quote due to a change in the scope of work that would increase the number of labor hours required or the amount of materials required, the Vendor shall amend the original amount and, upon approval and acceptance by the Department Contract Manager, of the amended fixed-price quote, shall be reimbursed for the changes 4.0 UNIT PRICE 4.1 Vendor shall offer a discount off of regular catalog or price list for supplies, materials and equipment through out the life of the contract: 4.1.1 Minimum Discount Percentage applied to any offering of goods or services shall be 3% 4.1.2 Regular Hour Ceiling Coefficient Pricing shall be .95 for the RS Means Price Book 4.1.2.1 Regular Hour Ceiling Coefficient may be lower than .95, but shall not be higher. 4.1.3 After Hour Ceiling Coefficient Pricing shall be 1.45. for the RS Means Price Book 4.1.3.1 After Hour Ceiling Coefficient may be lower than 1.45, but shall not be higher. 4.1.4 Markup Percentage applied to any non-pre-priced items in the RS Means Unit Price Book shall be 30% 4.1.4.1 Markup Percentage may be lower than 30%, but shall not be higher. 5.0 HOURS OF SERVICE 5.1 Normal business hours shall be Monday – Friday, 8:00 A.M. – 5:00 P.M. 5.1.1 Any changes will be communicated, in writing, to the Vendor at least one (1) business day before work is to begin 5.2 Night hours shall be 5:01 P.M. – 7:59 A.M. Monday – Thursday 5.3 Weekend hours shall be 5:01 P.M. – 7:59 A.M. – Friday – Monday 5.4 Holiday hours shall be all day during City observed Holidays 5.4.1 New Year’s 5.4.2 Martin Luther King Jr Day 5.4.3 Memorial Day 5.4.4 Juneteenth 5.4.5 July 4th 5.4.6 Labor Day 5.4.7 Thanksgiving Thursday and the following Friday 5.4.8 Christmas 6.0 DELIVERY 6.1 Vendor will deliver products and services as specified on the Purchase Order submitted by the Department Contract Manager or designee. 6.2 Vendor will deliver products and services during normal business hours, Monday – Friday, 8:00 A.M. – 5:00 P.M, unless otherwise requested by the Department Contract Manager or designee. 6.3 Vendor will not deliver products or services on City Observed Holidays as noted in section 5.4. 6.4 Vendor will deliver order(s) F.O.B Destination and the City will reimburse Vendor for transportation costs in the amount specified in Vendor's proposals or actual costs, whichever is lower, if the quoted delivery terms do not include transportation costs; provided, City shall have the right to designate what method of transportation shall be used to ship the goods. 6.5 The place of delivery will be set forth in the "Ship to" block of the purchase order, purchase change order, or release order. 6.6 Product will be packed to secure the lowest transportation costs and to conform to requirements of common carriers. 6.7 Product must be packaged in accordance with commercial practices 6.8 Each shipping container shall be clearly and permanently marked as follows: 6.8.1 Vendor’s Name 6.8.2 Vendor’s Address 6.8.3 City Building Name 6.8.4 City Building Address 6.8.5 Purchase Order Number or Purchase Change Order Number 6.8.6 Container number and total number of containers (e.g. box 1 of 4 boxes) 6.8.7 Container number bearing the packing slip or list 6.8.7.1 The City’s count or weight shall be final and conclusive on shipments not accompanied by a packing slip or list 6.9 The City will inspect the products upon delivery before accepting delivery of products. Vendor shall be responsible for all charges for the return to the Vendor of any goods rejected as being nonconforming under the specifications. 7.0 VENDOR RESPONSIBILITIES 7.1 Vendor must have a designated representative on staff to supervise operations with respect to safety. 7.2 Vendor shall pick up and deliver equipment requiring shop work unless otherwise requested by the Department Contract Manager or designee. 7.2.1 Compensation for pick-up and delivery of equipment shall be reimbursed per mile required for transportation from the site to Vendor’s shop. 7.3 Vendor is responsible for 7.3.1 Ensuring the safety of their employees, City employees and the general public during performance of all services under this contract. 7.3.2 Ensuring that all crews are fully and properly equipped to perform services promptly and safely 7.3.3 Complying with all provisions of the Occupational Health and Safety Act (OSHA) to protect the life and health of employees and other persons; to prevent damage to property, materials, supplies and equipment; ad to avoid work interruptions 7.3.4 Vendor shall comply with the latest version of the 29 CFR 1910, Occupational Safety and Health Standards. Compliance with OSHA and other applicable laws and regulations for the protections of employees is exclusively the obligation of the Vendor, and the City assumes no liability or responsibility for Vendor’s compliance or noncompliance with such responsibilities. 7.3.5 Vendor shall comply with all OSHA reporting requirements for record keeping and reporting of Vendor shall provide verbal report to the City immediately, and no later than once (1) business day, of the occurrence. The Vendor shall cooperate with the City and provide any written documentation and information required for record keeping purposes. 7.3.6 Ensuring that all employees are continuously trained to meet the latest technology, industry standards and safe use of substances identified as health or physical hazardous by OSHA. The Vendor shall submit proof of employee training and experience within five (5) business days upon request by the Department Contract Manager. 7.3.7 Not requiring any person to work in surrounding or under working conditions that are unsanitary, hazardous or dangerous to their health or safety. 7.3.8 Requiring all individuals assigned to the project to wear necessary personal protective equipment required by industry standards. 7.3.9 Requiring that Vendor employees wear a uniform, or at a minimum, a company issues identification badge. 7.3.10 Ensuring that only authorized Vendor employees performing work under the contract are on the worksite. No acquaintances, family members, or any other person shall accompany a Vendor employee in the work area. 7.3.11 Maintaining good discipline and professionalism while performing services for the City. 7.3.12 Understanding and agree that the scheduling of events at City facilities that precedence over any scheduled service request agreed to by the Vendor and Department Contract Manager or designee. The Vendor shall not hold the City liable, financially or otherwise, if the City needs to reschedule services with the Vendor due to a new event scheduled at a City facility. The Department Contract Manager or designee will make every reasonable effort to immediately notify the Vendor of changes in the City’s schedule of events which may have an impact on scheduled services. 7.3.13 Performing services in a manner as not to interrupt or interfere with the operation of any existing activity on the premises or with the work of another vendor. Provide all transportation required to perform the work. Vendor shall park its vehicles in areas designated by the City, if available. In the event the City cannot make parking arrangements for the Vendor, the Vendor shall be responsible for parking fees and fines. All vehicles parked on City property shall be clearly marked with the Contractor’s or subcontractor’s name on both sides of each vehicle. Magnetic signs are acceptable. 7.3.14 Providing ample advance notice of the need for any utility service cut off, which will be scheduled at the convenience of the City. 7.3.15 Providing all equipment, materials, furniture moving, labor, tools, permits, incidentals, expendable items, personal protective equipment, transportation necessary, including electricity and water, if not available on site, for proper execution and completion of the service request. The materials and services provided by the Vendor shall comply with all Federal, State and local laws, City ordinances, rules and regulations. 7.3.16 Understanding that storage of apparatus, materials, supplies and equipment shall be in an orderly fashion at the worksite in a manner that will not interfere with the progress of the Vendor’s work or any other vendor’s work. 7.3.17 Cleaning up all refuse, scrap materials, and debris caused by the Vendor’s operations on a daily basis. Work site shall present a neat, orderly and workmanlike appearance. No such refuse, rubbish, scrap material, and debris shall be left within completed work nor buried on the building site or any City premises, but shall be removed from the site by Vendor. 7.3.18 Completing all clean up prior to payment being made for the service request. This shall include the removal of all surplus material, temporary structures, and debris of every nature resulting from the Vendor’s operations, to return the worksite in a neat, orderly condition. Thoroughly clean and leave the worksite reasonably dust free all finished surfaces including all equipment, piping, etc., on the interior of any buildings affected by the service. If Vendor fails to clean up at the completion of the work, the City may clean the property and deduct the cost from any payments owed to Vendor or bill the Vendor to recover costs if no payments are owed. 7.3.19 Noting and reporting any damage found prior to any work at a job site to the Department Contract or designee. 7.3.20 Understanding that all work is subject to inspection and acceptance by the Department Contract Manger or designee. 7.3.21 Not performing outside what was requested for a specific service request without first having written approval from the Department Contract or designee. 7.3.22 Performing work under this contract in a manner that will not adversely affect the integrity of the building’s structural, mechanical, electrical, fire protection, and life safety systems or any other building features that will overload or render useless any portion of the facility. 7.3.23 The proper preparation of surfaces to be worked on including, protection of all non-movable items or equipment, and the proper application of all materials. 7.3.24 Storing, handling, and installing all materials as per manufacturer’s specifications. 7.3.25 Informing the Department Contract Manager or designee whenever work is expected to be hazardous to the City employees, City property, the general public, and/or City operations 7.3.26 Notifying the Department Contract Manager or designee when work is to begin at the worksite and post warning signs and/or barriers when necessary. The Vendor and Vendor's employees shall exercise a particularly high level of discipline, safety and cooperation at all times while on the worksite. 7.3.27 Coordinating the timing and transportation of equipment or materials to the work area. 7.3.28 Understanding that if transportation through the interior of a facility is required, the Vendor shall take every precaution to ensure public safety. Under no circumstances shall the Vendor transport equipment or materials through the interior of a facility without prior written approval and coordination with the Department Contract or designee. 7.3.29 Any and all damage to Vendor’s or City equipment or property as a direct result of Vendor’s equipment, employees, or Vendor’s subcontractor’s actions. 7.3.29.1 If damage occurs to the City’s equipment or property, Vendor shall notify the Department Contract immediately in writing. Surfaces, fixtures, or furnishings damaged by the Vendor's employees shall be replaced or repaired to the satisfaction of the City by the Vendor, and at no cost to the City. The City may, however, at its sole discretion, elect to make repairs or replacements of damaged property and deduct the cost from any payments owed to Vendor or to recover costs if no payments are owed. 7.3.30 Understanding that the set-up area shall be protected to prevent damage to the site grounds. This protection may be, but is not limited to, laying out tarps or other protective materials. The Vendor shall be responsible for any damage to surrounding building walls, landscaping, parking lots, and sidewalks. 7.3.31 Meeting Safety Data Sheet (SDS) guidelines on any applicable limits and be able to install accordingly 7.3.32 Background Investigations – Due to working in facilities subject to federal Criminal Justice Information System requirements, contract workers must be fingerprinted and must be able to pass a criminal background check and drug screen. This must be done at 7.3.32.1 Vendor’s expense and verification of a clear background must be given to the contract administrator before the Vendor’s employee(s) is allowed to work in a building which falls under this requirement. 7.3.32.2 Under no circumstances shall any Vendor personnel having any convictions or pending criminal hearings be assigned to the City contract 8.0 INVOICE REQUIREMENTS 8.1 Vendor shall send invoices electronically to our centralized Accounts Payable department invoice email address: supplierinvoices@fortworthtexas.gov. This email address is not monitored so please do not send correspondence to this email address. The sole purpose of the supplier invoices email address is to receipt and process supplier invoices. 8.2 Vendor shall include the following on the subject line of your e-mail: vendor name, invoice number, and PO number, separated by an underscore (ex: Example, Inc._123456_FW013- 0000001234) 8.3 Vendor shall adhere to the following requirements: 8.3.1 All invoices must be either a PDF or TIFF format. 8.3.2 Image quality must be at least 300 DPI (dots per inch). 8.3.3 Invoices must be sent as an attachment (i.e. no invoice in the body of the email). 8.3.4 One invoice per attachment (includes PDFs). Multiple attachments per email is acceptable but each invoice must be a separate attachment. 8.3.5 Please do not send handwritten invoices or invoices that contain handwritten notes. 8.3.6 Dot matrix invoice format is not accepted. 8.3.7 The invoice must contain the following information: 8.3.7.1 Supplier Name and Address; 8.3.7.2 Remit to Supplier Name and Address, if different; 8.3.7.3 Applicable City Department business unit# (i.e. FW013) 8.3.7.4 Complete City of Fort Worth PO number (i.e. the PO number must contain all preceding zeros); 8.3.7.5 Invoice number; 8.3.7.6 Invoice date; and 8.3.7.7 Invoices should be submitted after delivery of the goods or services. 8.4 Vendor shall not send invoices by mail and email and please do not send the same invoice more than once by email to supplierinvoices@fortworthtexas.gov. To check on the status of an invoice, please contact the City Department ordering the goods/services or the Central Accounts Payable Department by email at: ZZ_FIN_AccountsPayable@fortworthtexas.gov. 8.5 If Vendor is unable to send your invoice as outlined above at this time, Vendor shall send invoice to our centralized Accounts Payable department instead of directly to the individual city department. This will allow the city staff to digitize the invoice for faster processing. 8.6 If Vendor is unable to send invoices as outlined above, Vendor shall send invoice to our Centralized Accounts Payable instead of directly to the Department Contract Manager or designee, at ZZ_FIN_AccountsPayable@fortworthtexas.gov. 8.7 If Vendor is unable to send electronic invoice, vendor shall send paper invoice to 10.7.1 City of Fort Worth Attn: FMS Central Accounts Payable 200 Texas Street Fort Worth, TX 76102 8.8 Vendor shall contact the Accounts Payable Team at (817) 392-2451 or via email at ZZ_FIN_AccountsPayable@fortworthtexas.gov with any questions. 8.9 Vendor shall not include Federal, State, or City taxes in its invoices. The Department Contract Manager or designee shall furnish a tax exemption certificate upon Vendor’s request. PRICING EXHIBIT RCSP 180702 Roofing (JOC) There is additional infor mation in the RCSP document on RS Means. You may go to the RS Means website to learn more about this price book. https://www.rsmeans.com The RS Means Price Book is adjusted for different geographic areas by using a City Cost Index multiplier for each location. This is in the definitions section of the RCSP document. Example: The current Fort Worth City Cost Index is 86.9%and it is included in the sample calculation below. EXAMPLE: Unit Price Book cost City Cost Index (Fort Worth) Contractor Coefficient Formula Cost To TIPS Member TIPS Fee Net To Contractor $100.00 .869 .95 (UPB) x (City Cost Index) x (Contractor Coefficient) ($100.00) X (.869) X (.95) = $82.555 ($82.555) X (.02) = $1.6511 ($82.555) -($1.6511) = $80.90 TO BE CONSIDERED , YOU MUS T ENTER THE COEFFICIENT you propose to appl y to the RS Means Price Book Pre-Priced Tasks for all divisions. RS Means (Al l Divisions)� Regular Hours Multiplier Coefficient 1.45 After Hours Multiplier Coefficient** Any regular hours coefficient of 1.5 or greater will receive O points for the pricing criterion. Please list the geographic markets where you are licensed, and desire to perform work. You may select national coverage or states. Check the appropriate box below: D National Coverage [ti'] States-List the abbreviation of each desired state in the space below. (Example: AR, MO, TX, Etc.) TX Non-Pre-Priced Markup 30% TO BE CONSIDERED, YOU MUST ENTER THE MARKUP Non-pre-priced Ii ne items are items not found in the Unit Price Book. Enter in the blank above your percentage markup that includes overhead and profit. Contractor Name Authorized Representative Name _________ _ Authorized Representative Signature _ Date Page 1 of 1 Castro Roofing of Texas LLC Rodolfo Rodriguez 1-21-2022 TIPS Vendor Agreement JOC PART 2 ONLY_ Rev.05192021_sr Page 1 TIPS VENDOR AGREEMENT (JOC) PART 2 ONLY Between and (Company Name) THE INTERLOCAL PURCHASING SYSTEM (TIPS), a Department of Texas Education Service Center Region 8 for TIPS RCSP 210603 Roofing (2 PART JOC) - PART 2 ONLY General Information The Vendor Agreement (“Agreement”) made and entered into by and between The Interlocal Purchasing System (hereinafter referred to as “TIPS” respectfully) a government cooperative purchasing program authorized by the Region 8 Education Service Center, having its principal place of business at 4845 US Hwy 271 North, Pittsburg, Texas 75686. This Agreement consists of the provisions set forth below, including provisions of all Attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any Attachment, the provisions set forth shall control. The Vendor Agreement shall include and incorporate by reference this Agreement, the terms and conditions, special terms and conditions, any agreed upon amendments, as well as all of the sections of the solicitation as posted, including any addenda and the awarded vendor’s proposal. Once signed, if an awarded vendor’s proposal varies or is unclear in any way from the TIPS Agreement, TIPS, at its sole discretion, will decide which provision will prevail. Other documents to be included are the awarded vendor’s proposals, task orders, purchase orders and any adjustments which have been issued. If deviations are submitted to TIPS by the proposing vendor as provided by and within the solicitation process, this Agreement may be amended to incorporate any agreed deviations. The following pages will constitute the Agreement between the successful vendors(s) and TIPS. Bidders shall state, in a separate writing, and include with their proposal response, any required exceptions or deviations from these terms, conditions, and specifications. If agreed to by TIPS, they will be incorporated into the final Agreement. A Purchase Order, Agreement or Contract is the TIPS Member’s approval providing the authority to proceed with the negotiated delivery order under the Agreement. Special terms and conditions as agreed to between the vendor and TIPS Member should be added as addenda to the Purchase Order, Agreement or Contract. Items such as certificate of insurance, bonding requirements, small or disadvantaged business goals are some of the addenda possible. Castro Roofing of Texas EXHIBIT B TIPS Vendor Agreement JOC PART 2 ONLY_ Rev.05192021_sr Page 2 Terms and Conditions Conflicts with RS Means Unit Price Book If the terms of the solicitation referenced RS Means Unit Price Book or Xactimate Pricing occur, the RS Means Book or Xactimate Pricing shall control if it determines the legality of the solicitation award as it relates to the requisite Means Unit Price Book or Xactimate Pricing. Freight All quotes to members shall provide a line item for cost for freight or shipping regardless if there is a charge or not. If no charge for freight or shipping, indicate by stating “No Charge” or “$0” or other similar indication. Otherwise, all shipping, freight or delivery changes shall be passed through to the TIPS Member at cost with no markup and said charges shall be agreed by the TIPS Member unless alternative shipping terms are agreed by TIPS as a result of the proposal award. Warranty Conditions All new supplies equipment and services shall include manufacturer's minimum standard warranty unless otherwise agreed to in writing. Vendor shall be legally permitted to sell, or an authorized dealer, distributor or manufacturer for all products offered for sale to TIPS Members. All equipment proposed shall be new unless clearly stated in writing. Customer Support The Vendor shall provide timely and accurate customer support for orders to TIPS Members as agreed by the Parties. Vendors shall respond to such requests within a commercially reasonable time after receipt of the request. If support and/or training is a line item sold or packaged with a sale, support shall be as agreed with the TIPS Member. Agreements Agreements for purchase will normally be put into effect by means of a contract, agreement or purchase order(s) executed by authorized agents of the participating government entities. Davis Bacon Act Davis Bacon Act requirements will be met when Federal Funds are used for construction and/or repair of buildings or as otherwise required by applicable statute or regulation. Other Wage Rates Other wage rates may be required by some TIPS Members and acceptance of a project by the Vendor may require the Vendor to comply with the TIPS Member’s required wage rate. Tax exempt status Most TIPS Members are tax exempt and the related laws of the jurisdiction of the TIPS Member shall apply. Assignments of Agreements No assignment of Agreement may be made without the prior written approval of TIPS. Payment for delivered goods and services can only be made to the awarded Vendor, Vendor designated reseller or vendor assigned company. Disclosures x Vendor and TIPS affirm that he/she, or any authorized employees or agents, has not given, offered to TIPS Vendor Agreement JOC PART 2 ONLY_ Rev.05192021_sr Page 3 give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this Agreement. x Vendor shall attach, in writing, a complete description of any and all relationships that might be considered a conflict of interest in doing business with the TIPS program. x The Vendor affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this Agreement. Term of Agreement and Renewals The Agreement with TIPS is for approximately two (2) years with an option for renewal extension for an additional two (2) consecutive one (1) year terms. The first renewal extension year shall be automatic unless the awarded vendor notifies TIPS of its objection to the first additional one (1) year renewal extension. If TIPS offers the second one (1) year renewal extension terms, the vendor will be notified by email to the primary contact of the awarded Vendor and shall be deemed accepted by the Vendor unless the awarded vendor notifies TIPS of its objection to the additional term. TIPS may or may not exercise the available extension(s) provided in the original solicitation beyond the base term. Whether or not to offer the renewal extension years is at the sole discretion of TIPS. “Start Date” for Term Calculation Purposes Only: Regardless of actual award/effective date of Contract, for Agreement “term” calculation purposes only, the Agreement “start date” is the last day of the month that Award Notifications are anticipated as published in the Solicitation. Example: If the anticipated award date published in the Solicitation is August 27, 2020 but extended negotiations delay award until September 24, 2020 the end date of the resulting initial “two-year” term Agreement, (which is subject to an extension(s)) will still be August 31, 2022. “Termination Date”: The scheduled Agreement “termination date” shall be the last day of the month of the month of the Original Solicitation’s Anticipated Award Date plus two years. Example: If the original term is approximately two years, and the solicitation provides an anticipated award date of August 27, 2020, the expiration date of the original two-year term shall be August 31, 2022. Extensions: Any extensions of the original term shall begin on the next day after the day the original term expires. Example Following the Previous Example: If TIPS offers a one-year extension, the expiration of the extended term shall be August 31, 2023. TIPS may offer to extend Vendor Agreements to the fullest extent the original Solicitation permits. Total term of Agreement can be up to the number of years provided in the solicitation or as limited by statute. Automatic Renewal Clauses Incorporated in Awarded Vendor Agreements with TIPS Members Resulting from the Solicitation and with the Vendor Named in this Agreement. No Agreement for goods or services with a TIPS Member by the awarded vendor named in this Agreement that results from the solicitation award named in this Agreement, may incorporate an automatic renewal clause that TIPS Vendor Agreement JOC PART 2 ONLY_ Rev.05192021_sr Page 4 exceeds month to month terms with which the TIPS Member must comply. All renewal terms incorporated in an Agreement by the vendor with the TIPS Member shall only be valid and enforceable when the vendor receives written confirmation by purchase order, executed Agreement or other written instruction issued by the TIPS Member for any renewal period. The purpose of this clause is to avoid a TIPS Member inadvertently renewing an Agreement during a period in which the governing body of the TIPS Member has not properly appropriated and budgeted the funds to satisfy the Agreement renewal. This term is not negotiable and any Agreement between a TIPS Member and a TIPS awarded vendor with an automatic renewal clause that conflicts with these terms is rendered void and unenforceable. Shipments The Vendor shall ship, deliver or provide ordered products or services within a commercially reasonable time after the receipt of the order from the TIPS Member. If a delay in said delivery is anticipated, the Vendor shall notify TIPS Member as to why delivery is delayed and shall provide an estimated time for completion of the order. TIPS or the requesting entity may cancel the order if estimated delivery time is not acceptable or not as agreed by the parties. Invoices The awarded Vendor shall submit invoices or payment requests to the TIPS Member participating entity clearly stating “Per TIPS Agreement # xxxxxxx.” Each invoice or pay request shall include the TIPS Member’s purchase order number or other identifying designation as provided in the order or contract by the TIPS Member. If applicable, the shipment tracking number or pertinent information for verification of TIPS Member receipt shall be made available upon request. Pricing Price increases will be honored according to the terms of the solicitation. However, the Vendor shall honor previous prices for thirty (30) days after written notification to TIPS of an increase, except any price changes related to the, then current, RS Means Unit Price Book or Xactimate pricing is valid. Price of a specific Job Order Contract proposal to a TIPS Member shall not change within 60 days of date of proposal as a result of an updated RS Means Unit Price Book or Xactimate pricing unless agreed by the TIPS Member. All pricing submitted to TIPS shall include the participation fee, as provided in the solicitation, to be remitted to TIPS by the Vendor. Vendor will not show adding the fee to the invoice presented to customer. Failure to render the participation fee to TIPS shall constitute a breach of this agreement and shall be grounds for termination of this agreement and any other agreement held with TIPS. Participation Fees and Reporting of Sales to TIPS by Vendor The Participation Fee that was published as part of the Solicitation and the fee published is the legally effective fee, along with any fee conditions stated in the Solicitation. Collection of the fees by TIPS is required under Texas Government Code §791.011 Et seq. Fees are due on all TIPS purchases reported by either Vendor or Member. Fees are due to TIPS upon payment by the Member to the Vendor, Reseller or Vendor Assigned Dealer. Vendor, Reseller or Vendor Assigned Dealer agrees that the participation fee is due to TIPS for all Agreement sales immediately upon receipt of payment including partial payment, from the Member Entity and must be paid to TIPS at least on a monthly basis, specifically within 31 calendar days of receipt of payment, if not more frequently, or as otherwise agreed by TIPS in writing and signed by an authorized signatory of TIPS. Thus, when an awarded Vendor, Reseller or Vendor Assigned Dealer receives any amount of payment, even partial payment, for a TIPS sale, the legally effective fee for that amount is immediately due to TIPS from the Vendor and fees due to TIPS should be paid at least on a monthly basis, specifically within 31 calendar days of receipt of payment, if not more frequently. Reporting of Sales to TIPS by Vendor TIPS Vendor Agreement JOC PART 2 ONLY_ Rev.05192021_sr Page 5 Vendor is required to report all sales under the TIPS contract to TIPS. When a public entity initiates a purchase with a TIPS Awarded Vendor, if the Member inquires verbally or in writing whether the Vendor holds a TIPS Contract, it is the duty of the Vendor to verify whether or not the Member is seeking a TIPS purchase. Once verified, the Vendor must include the TIPS Contract number on any communications and related sales documents exchanged with the TIPS Member entity. To report sales, the Vendor must login to the TIPS Vendor Portal online at https://www.tips-usa.com/vendors_form.cfm and click on the PO’s and Payments tab. Pages 3-7 of the Vendor Portal User Guide will walk you through the process of reporting sales to TIPS. Please refer to the TIPS Accounting FAQ’s for more information about reporting sales and if you have further questions, contact the Accounting Team at accounting@tips-usa.com. The Vendor or vendor assigned dealers are responsible for keeping record of all sales that go through the TIPS Agreement and submitting same to TIPS. Failure to render the participation fee to TIPS shall constitute a breach of this agreement with our parent governmental entity, Texas Education Service Center Region 8, as established by the Texas legislature and shall be grounds for termination of this agreement and any other agreement held with TIPS and possible legal action. Any overpayment of participation fees to TIPS by a Vendor will be refunded to the Vendor within ninety (90) days of receipt of notification if TIPS receives written notification of the overpayment not later than the expiration of six (6) months from the date of overpayment and TIPS determines that the amount was not legally due to TIPS pursuant to this agreement and applicable law. It is the Vendor’s responsibility to identify which sales are TIPS Agreement sales and pay the correct participation fee due for TIPS Agreement sales. Any notification of overpayment received by TIPS after the expiration of six (6) months from the date of overpayment will be non-refundable. Region 8 ESC and TIPS reserve the right to extend the six (6) month deadline to notify if approved by the Region 8 ESC Board of Directors. TIPS reserves all rights under the law to collect the fees due. Please contact TIPS at tips@tips-usa.com or call (866) 839-8477 if you have questions about paying fees. Indemnity The Vendor agrees to indemnify and hold harmless and defend TIPS, TIPS Member(s), officers and employees from and against all claims and suits by third parties for damages, injuries to persons (including death), property damages, losses, and expenses including court costs and reasonable attorney’s fees, arising out of, or resulting from, Vendor’s work under this Agreement, including all such causes of action based upon common, constitutional, or statutory law, or based in whole or in part, upon allegations of negligent or intentional acts on the part of the Vendor, its officers, employees, agents, subcontractors, licensees, or invitees. Parties found liable shall pay their proportionate share of damages as agreed by the parties or as ordered by a court of competent jurisdiction over the case. NO LIMITATION OF LIABILITY FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE PERMITTED OR AGREED BY TIPS/ESC REGION 8. Per Texas Education Code §44.032(f), reasonable Attorney’s fees are recoverable by the prevailing party in any dispute resulting in litigation. State of Texas Franchise Tax By signature hereon, the bidder hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171, Tax Code. Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time. Purchase Order Pricing/Product Deviation If a deviation of pricing/product on a purchase order or contract modification occurs, TIPS is to be notified within TIPS Vendor Agreement JOC PART 2 ONLY_ Rev.05192021_sr Page 6 five (5) business days of receipt of change order. Termination for Convenience of TIPS Agreement Only TIPS reserves the right to terminate this agreement for cause or no cause for convenience with a thirty (30) days prior written notice. Termination for convenience is conditionally required under Federal Regulations 2 CFR part 200 if the customer is using federal funds for the procurement. All purchase orders presented to the Vendor, but not fulfilled by the Vendor, by a TIPS Member prior to the actual termination of this agreement shall be honored at the option of the TIPS Member. The awarded Vendor may terminate the agreement with ninety (90) days prior written notice to TIPS 4845 US Hwy North, Pittsburg, Texas 75686. The vendor will be paid for goods and services delivered prior to the termination provided that the goods and services were delivered in accordance with the terms and conditions of the terminated agreement. This termination clause does not affect the sales agreements executed by the Vendor and the TIPS Member customer pursuant to this agreement. TIPS Members may negotiate a termination for convenience clause that meets the needs of the transaction based on applicable factors, such as funding sources or other needs. TIPS Member Purchasing Procedures Usually, purchase orders or their equal are issued by participating TIPS Member to the awarded vendor and should indicate on the order that the purchase is per the applicable TIPS Agreement Number. Orders are typically emailed to TIPS at tipspo@tips-usa.com. • Awarded Vendor delivers goods/services directly to the participating member. • Awarded Vendor invoices the participating TIPS Member directly. • Awarded Vendor receives payment directly from the participating member. • Fees are due to TIPS upon payment by the Member to the Vendor. Vendor agrees to pay the participation fee to TIPS for all Agreement sales upon receipt of payment including partial payment, from the Member Entity or as otherwise agreed by TIPS in writing and signed by an authorized signatory of TIPS. Form of Agreement and Reporting If a vendor submitting an offer requires TIPS and/or TIPS Member to sign an additional agreement, a copy of the proposed agreement must be included with the proposal to the TIPS Member. TIPS does not require a review a TIPS Member’s Job Order contract TYPE AIA or other similar Contract provided by the TIPS Member. This clause does not relieve the Vendor from the responsibility to report the contract execution and the amount of the contract and any change orders. Licenses Awarded Vendor shall maintain, in current status, all federal, state and local licenses, bonds and permits required for the operation of the business conducted by awarded Vendor. Awarded Vendor shall remain reasonably fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of goods or services under the Agreement. TIPS and TIPS Members reserves the right to stop work and/or cancel an order or terminate this or any other sales Agreement of any awarded Vendor whose license(s) required for performance under this Agreement have expired, lapsed, are suspended or terminated subject to a 30-day cure period unless prohibited by applicable statue or regulation. Novation If awarded Vendor sells or transfers all assets, rights or the entire portion of the assets or rights required to perform this Agreement, a successor in interest must guarantee to perform all obligations under this Agreement. A simple change of name agreement will not change the Agreement obligations of awarded vendor. TIPS will consider Contract Assignments on a case by case basis. TIPS must be notified within five (5) business days of the transfer of assets or rights. TIPS Vendor Agreement JOC PART 2 ONLY_ Rev.05192021_sr Page 7 Site Requirements (when applicable to service or job) Cleanup: Awarded vendor shall clean up and remove all debris and rubbish resulting from their work as required or directed by TIPS Member. Upon completion of work, the premises shall be left in good repair and an orderly, neat, clean and unobstructed condition. Preparation: Awarded vendor shall not begin a project for which TIPS Member has not prepared the site, unless awarded vendor does the preparation work at no cost, or until TIPS Member includes the cost of site preparation in a purchase order. Site preparation includes, but is not limited to: moving furniture, installing wiring for networks or power, and similar pre-installation requirements. Registered sex offender restrictions: For work to be performed at schools, awarded vendor agrees that no employee of a sub-contractor who has been adjudicated to be a registered sex offender will perform work at any time when students are or reasonably expected to be present. Awarded vendor agrees that a violation of this condition shall be considered a material breach and may result in the cancellation of the purchase order at the TIPS Member’s discretion. Awarded vendor must identify any additional costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge. Safety measures: Awarded vendor shall take all reasonable precautions for the safety of employees on the worksite, and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Awarded vendor shall post warning signs against all hazards created by the operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage. Smoking Persons working under Agreement shall adhere to local smoking policies. Smoking will only be permitted in posted areas or off premises. Marketing Awarded vendor agrees to allow TIPS to use their name and logo within website, marketing materials and advertisement subject to any reasonable restrictions provided to TIPS in the Proposal to the Solicitation. Any use of TIPS name and logo or any form of publicity, inclusive of press release, regarding this Agreement by awarded vendor must have prior approval from TIPS. Supplemental agreements The TIPS Member entity participating in the TIPS Agreement and awarded vendor may enter into a separate supplemental agreement or contract to further define the level of service requirements over and above the minimum defined in this Agreement i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement or contract developed as a result of this Agreement is exclusively between the participating entity and awarded vendor. TIPS, its agents, TIPS Members and employees shall not be made party to any claim for breach of such agreement. Survival Clause All applicable software license agreements, warranties, service agreements or any supplemental agreement that were entered into between Vendor and TIPS or the TIPS Member Customer under the terms and conditions of the Agreement shall survive the expiration or termination of the Agreement. All Orders, Purchase Orders issued or contracts executed by TIPS or a TIPS Member and accepted by the Vendor prior to the expiration or termination of this agreement, shall survive expiration or termination of the Agreement, subject to previously agreed terms TIPS Vendor Agreement JOC PART 2 ONLY_ Rev.05192021_sr Page 8 and conditions agreed by the parties or as otherwise specified herein relating to termination of this agreement. Legal obligations It is the responding vendor’s responsibility to be aware of and comply with all local, state and federal laws governing the sale of products/services identified in this Solicitation and any awarded Agreement thereof. Applicable laws and regulations must be followed even if not specifically identified herein. Audit rights Due to transparency statutes and public accountability requirements of TIPS and TIPS Members’, the awarded Vendor shall, at their sole expense, maintain appropriate due diligence of all purchases made by TIPS Member that utilizes this Agreement. TIPS and Region 8 ESC each reserve the right to audit the accounting of TIPS related purchases for a period of three (3) years from the time such purchases are made. This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. In order to ensure and confirm compliance with this agreement, TIPS shall have authority to conduct random audits of Awarded Vendor’s pricing that is offered to TIPS Members with 30 days’ notice unless the audit is ordered by a Court Order or by a Government Agency with authority to do so without notice. Notwithstanding the foregoing, in the event that TIPS is made aware of any pricing being offered to eligible entities that is materially inconsistent with the pricing under this agreement, TIPS shall have the ability to conduct the audit internally or may engage a third- party auditing firm to investigate any possible non-complying conduct or may terminate the Agreement according to the terms of this Agreement. In the event of an audit, the requested materials shall be reasonably provided in the format and at the location designated by Region 8 ESC or TIPS. Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and fully particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. Choice of Law The Agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles. Venue, Jurisdiction and Service of Process Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Venue for any dispute resolution process, other than litigation, between TIPS and the Vendor shall be located in Camp or Titus County, TIPS Vendor Agreement JOC PART 2 ONLY_ Rev.05192021_sr Page 9 Texas. Bonding When applicable, performance bonds and payment bonds will be required on construction or labor required jobs. Awarded vendor will meet the TIPS Member’s local and state purchasing requirements. Awarded vendors may need to provide additional capacity as jobs increase. Bonds costs are passed through at cost to the TIPS Member and are not subject to the TIPS Participation fee be paid to TIPS. The actual cost of the bond will be a pass through to the TIPS Member and added to the purchase order or Contract. Professional Engineering and Architect’s Services Professional Engineering and Architect’s Services are not permitted to be provided under this Agreement. Texas statutes prohibit the procurement of Professional Engineering and Architect’s Services through a cooperative agreement. Scope of Services The specific scope of work for each job shall be determined in advance and in writing between TIPS Member, Member’s design professionals and Vendor. It is permitted for the TIPS Member to provide a general scope description, but the awarded vendor should provide a written scope of work, and if applicable, according to the TIPS Member’s design Professional as part of the proposal. Once the scope of the job is agreed to, the TIPS Member will issue a PO and/or an Agreement or Contract with the Job Order Contract Proposal referenced or as an attachment along with bond and any other special provisions agreed by the TIPS Member. If special terms and conditions other than those covered within this solicitation and awarded Agreements are required, they will be attached to the PO and/or an Agreement or Contract and shall take precedence over those in this base TIPS Vendor Agreement. Project Delivery Order Procedures The TIPS Member having approved and signed an interlocal agreement, or other TIPS Membership document, may make a request of the awarded vendor under this Agreement when the TIPS Member has services that need to be undertaken. Notification may occur via phone, the web, email, fax, or in person. Upon notification of a pending request, the awarded vendor shall make contact with the TIPS Member as soon as possible, but must make contact with the TIPS Member within two working days. Scheduling of Projects Scheduling of projects (if applicable) may be accomplished when the TIPS Member issues a Purchase Order and/or an Agreement or Contract that will serve as “the notice to proceed” as agreed by the Vendor and the TIPS Member. The period for the delivery order will include the mobilization, materials purchase, installation and delivery, design, weather, and site cleanup and inspection. No additional claims may be made for delays as a result of these items. When the tasks have been completed the awarded vendor shall notify the client and have the TIPS Member or a designated representative of the TIPS Member inspect the work for acceptance under the scope and terms in the Purchase Order and/or Agreement or Contract. The TIPS Member will issue in writing any corrective actions that are required. Upon completion of these items, the TIPS Member will issue a completion notice and final payment will be issued per the contractual requirements of the project with the TIPS Member. Any Construction contract prepared by the TIPS Member’s Legal Counsel may alter the terms of this subsection, “Scheduling of Projects”. Support Requirements If there is a dispute between the awarded vendor and TIPS Member, TIPS or its representatives may assist, at TIPS TIPS Vendor Agreement JOC PART 2 ONLY_ Rev.05192021_sr Page 10 sole discretion, in conflict resolution or third party (mandatory mediation), if requested by either party. TIPS, or its representatives, reserves the right to inspect any project and audit the awarded vendors TIPS project files, documentation and correspondence. Status of TIPS Members as Related to This Agreement TIPS Members stand in the place of TIPS as related to this agreement and have the same access to the proposal information and all related documents. TIPS Members have all the same rights under the awarded Agreement as TIPS. Incorporation of Solicitation The TIPS Solicitation, whether a Request for Proposals, the Request for Competitive Sealed Proposals or Request for Qualifications solicitation, the Vendor’s response to same and all associated documents and forms made part of the solicitation process, including any addenda, that resulted in the execution of this agreement are hereby incorporated by reference into this agreement as if copied verbatim. SECTION HEADERS OR TITLES THE SECTON HEADERS OR TITLES WITHIN THIS DOCUMENT ARE MERELY GUIDES FOR CONVENIENCE AND ARE NOT FOR CLASSIFICATION OR LIMITING OF THE RESPONSIBILITES OF THE PARTIES TO THIS DOCUMENT. CERTIFICATIONS If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this Agreement has a value of $100,000 or more, the following certification shall apply; otherwise, this certification is not required. Pursuant to Chapter 2270 of the Texas Government Code, the Vendor hereby certifies and verifies that neither the Vendor, nor any affiliate, subsidiary, or parent company of the Vendor, if any (the "Vendor Companies"), boycotts Israel, and the Vendor agrees that the Vendor and Vendor Companies will not boycott Israel during the term of this Agreement. For purposes of this Agreement, the term "boycott" shall mean and include refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. I certify that our company is not listed on and we do not do business with companies that are on the Texas Comptroller of Public Accounts list of Designated Foreign Terrorists Organizations per Texas Gov't Code 2270.0153 found at https://comptroller.texas.gov/purchasing/docs/foreign-terrorist.pdf You certify that pursuant to Texas Business and Commerce Code Chapter 272, as revised September 1, 2017, any construction contract or agreement as defined in the Statute with a TIPS, Education Service Center Region 8 or a Texas TIPS Member subject to the Statute shall include a Choice of Law provision providing that this agreement shall be subject to and interpreted by the Laws of the State of Texas without regard to any conflict of laws principles for any action shall be in a court of competent jurisdiction in Texas and any arbitration shall be in the State of Texas. Pursuant to the Texas Business and Commerce Code, as amended by the 85th Texas Legislature, this Construction Agreement for Job Order Contract services is, in the event of a dispute between the parties, subject to interpretation according to the Laws of the state of Texas only, without regard to any conflict of laws principles. Venue for any alternative dispute resolution procedure or process shall be in the state of Texas. If the dispute is litigated, venue and jurisdiction shall be in a court of competent jurisdiction in the state of Texas. Pursuant to 85th Texas Legislative H.B. 3270, as it applies to Texas Education Code § 22.0834 et seq, the Vendor shall comply with all relevant sections related to student contact, background checks, fingerprinting and other related requirements. TIPS Vendor Agreement JOC PART 2 ONLY_ Rev.05192021_sr Page 11 It is the intent of TIPS to award to reliable, high performance vendors to supply products and services to government and educational agencies. It is the experience of TIPS that the following procedures provide TIPS, the Vendor, and the participating agency the necessary support to facilitate a mutually beneficial relationship. The specific procedures will be negotiated with the successful vendor. • Agreements: All vendor Purchase Orders and/or Agreements/Contracts must be emailed to TIPS at tipspo@tips-usa.com. Should an agency send an order direct to vendor, it is the vendor’s responsibility to forward the order to TIPS at the email above within three business days and confirm its receipt with TIPS. • Promotion of Agreement: It is agreed that Vendor will encourage all eligible entities to purchase from the TIPS Program. Encouraging entities to purchase directly from the Vendor, bypassing the TIPS Agreement when the Member has requested the TIPS agreement is a violation of the terms and conditions of this Agreement and will result in removal of the Vendor from the TIPS Program. David Fitts Executive Director 10-13-2021 !!")!/(.*")!*,$,""(")."1" /."!*)*,#.","+."(", )-",.)("*#")!*,*'& &..&*) !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!             '"$0.1"/:*4/05"40-&13013*&5034)*1#$0.1"/:)"45&/ 03.03&'6--5*.&&.1-0:&&4"/%$5)*4$0/53"$5)"4"7"-6&0' 03 .03&5)"5*450#&1"*%8)0--:031"35-:'30.16#-*$'6/%45)&'0--08*/($&35*'*$"5*0/4)"--"11-:05)&38*4&5)*4$&35*'*$"5*0/*4/053&26*3&%6346"/550  ’)  0' 5)4&44*0/5)&$0.1"/:)&3&#:$&35*'*&4"/%7&3*'*&45)"55)&$0.1"/:03"/:8)0--:08/&%46#4*%*"3: ."+03*5:08/&%46#4*%*"3:1"3&/5$0.1"/:03"''*-*"5&0'5)&4&&/5*5*&403#64*/&44"440$*"5*0/4*'"/:%0&4/05#0:$055&/&3(:$0.1"/*&4"/%8*-- not boycott energy companies during the term of the contract. For purposes of this contract, the term “company” shall mean an 03("/*;"5*0/ "440$*"5*0/$03103"5*0/1"35/&34)*1+0*/57&/563&-*.*5&%1"35/&34)*1-*.*5&%-*"#*-*5:1"35/&34)*103-*.*5&%-*"#*-*5:$0.1"/:5)"5&9*45450.",&" profit. The term “boycott energy company” shall mean “without an ordinary business purpose, refusing to deal with, terminatin (#64*/&44"$5*7*5*&4 8*5)0305)&38*4&5",*/("/:"$5*0/*/5&/%&%501&/"-*;&*/'-*$5&$0/0.*$)"3.0/03-*.*5$0..&3$*"-3&-"5*0/48*5)"$0.1"/:#&$"64&5)& $0.1"/:"&/("(&4*/5)&&91-03"5*0/130%6$5*0/65*-*;"5*0/53"/41035"5*0/4"-&03."/6'"$563*/(0''044*-'6&-#"4&%&/&3(:"/%%0&4/05$0..*5 031-&%(&50.&&5&/7*30/.&/5"-45"/%"3%4#&:0/%"11-*$"#-&'&%&3"-"/%45"5&-"803#%0&4#64*/&448*5)"$0.1"/:%&4$3*#&%#:1"3"(3"1) (a).”  ’<   )&.&'-*#/.%*,&2"!"+,"-")..&0"*#")!*,&#++'& '"            '"$0.1"/:*4/05"40-&13013*&5034)*1#$0.1"/:)"4"5-&"455&/ '6--5*.&&.1-0:&&4$5)*4$0/53"$5)"4"7"-6&0'"5-&"45 5)"5 *41"*%8)0--:031"35-:'30.16#-*$'6/%4%5)&$0/53"$5*4/05&9$&15&%6/%&3 ’<   0' 5)-&("/%& (07&3/.&/5"-&/5*5:)"4%&5&3.*/&%5)"5$0.1"/:*4/05"40-&4063$&1307*%&303(07&3/.&/5"-&/5*5:)"4/053&$&*7&%"/:#*%4'30."$0.1"/:5)"5 *4"#-&501307*%&5)*483*55&/7&3*'*$"5*0/5)&'0--08*/($&35*'*$"5*0/4)"--"11-:05)&38*4&5)*4$&35*'*$"5*0/*4/053&26*3&%6346"/550 ’ )  0' 5)4&44*0/5)&$0.1"/:)&3&#:$&35*'*&4"/%7&3*'*&45)"55)&$0.1"/:03"440$*"5*0/$03103"5*0/1"35/&34)*1+0*/5 7&/563&-*.*5&%1"35/&34)*1-*.*5&%-*"#*-*5:1"35/&34)*103-*.*5&%-*"#*-*5:$0.1"/:*/$-6%*/("8)0--:08/&%46#4*%*"3:."+03*5:08/&%46#4*%*"3: 1"3&/5$0.1"/:03"''*-*"5&0'5)&4&&/5*5*&403"440$*"5*0/45)"5&9*45450.",&"130'*5%0&4/05)"7&"13"$5*$&10-*$:(6*%"/$&03%*3&$5*7&5)"5 %*4$3*.*/"5&4"("*/45"'*3&"3.&/5*5:03'*3&"3.53"%&"440$*"5*0/"/%8*--/05%*4$3*.*/"5&%63*/(5)&5&3.0'5)*4$0/53"$5"("*/45"'*3&"3.&/5*5:03 firearm trade association. For purposes of this contract, “discriminate against a firearm entity or firearm trade association” shall mean, with respect to the entity or association, to: “(1) refuse to engage in the trade of any goods or services with the &/5*5:03"440$*"5*0/#"4&%40-&-:0/*5445"564"4" '*3&"3.&/5*5:03'*3&"3.53"%&"440$*"5*0/ 3&'3"*/'30.$0/5*/6*/("/&9*45*/(#64*/&443&-"5*0/4)*18*5)5)&&/5*5:03"440$*"5*0/#"4&%40-&-:0/*54 45"564"4"'*3&"3.&/5*5:03'*3&"3.53"%&"440$*"5*0/03 5&3.*/"5&"/&9*45*/(#64*/&443&-"5*0/4)*18*5)5)&&/5*5:03"440$*"5*0/#"4&%40-&-:0/ *5445"564"4"'*3&"3.&/5*5:03'*3&"3.53"%&"440$*"5*0/ ’<2274.001(3) of SB 19. “Discrimination against a firearm entit:03 firearm trade association” does not include: “(1) the established policies of a merchant, retail seller, or platform that res 53*$503130)*#*55)&-*45*/(03 selling of ammunition, firearms, or firearm accessories; and (2) a company’s refusal to engag &*/5)&53"%&0'"/:(00%4034&37*$&4%&$*4*0/50 3&'3"*/'30.$0/5*/6*/("/&9*45*/(#64*/&443&-"5*0/4)*103%&$*4*0/505&3.*/"5&"/&9*45*/(#64*/&443&-"5*0/4)*150$0.1-:8*5)'&%&3"-45"5&03 -0$"--"810-*$:033&(6-"5*0/403"%*3&$5*7&#:"3&(6-"503:"(&/$:03'03"/:53"%*5*0/"-#64*/&443&"40/5)"5*441&$*'*$505)&$6450.&303105&/5*"- customer and not based solely on an entity’s or association’s status as a firearm entity or firearm trade association.”  ’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designated country. For purposes of this contract, “critical infrastructure” means “a communication infrastructure system, cy #&34&$63*5:4:45&. electric grid, hazardous waste treatment system, or water treatment facility.”  ’<     0' 5)-&()& $0.1"/:7&3*'*&4"/%$&35*'*&45)"5$0.1"/:8*--/05(3"/5%*3&$5033&.05&"$$&445003$0/530-0'$3*5*$"-*/'3"4536$563&&9$&15'03130%6$58"33"/5: "/%4611035163104&450130)*#*5&%*/%*7*%6"-4$0.1"/*&403&/5*5*&4*/$-6%*/((07&3/.&/5"-&/5*5*&408/&%$0/530--&%03)&"%26"35&3&%*/)*/" 3"/035)03&"644*"03"%&4*(/"5&%$06/53:"4%&5&3.*/&%#:5)&07&3/03 )&.&'-*#/.%*,&2"!"+,"-")..&0"*#")!*,&#++'& '" 210603 P2Castro Roofing of Texas CJW CJW CJW 210603 P NOTICE TO MEMBERS REGARDING ATTRIBUTE RESPONSES TIPS VENDORS RESPOND TO ATTRIBUTE QUESTIONS AS PART OF TIPS COMPETITIVE SOLICITATION PROCESS. THE VENDOR’S RESPONSES TO ATTRIBUTE QUESTIONS ARE INCLUDED HEREIN AS “SUPPLIER RESPONSE.” PLEASE BE ADVISED THAT DEVIATIONS, IF ANY, IN VENDOR’S RESPONSE TO ATTRIBUTE QUESTIONS MAY NOT REFLECT VENDOR’S FINAL ATTRIBUTE RESPONSE, WHICH IS SUBJECT TO NEGOTIATIONS PRIOR TO AWARD. PLEASE CONTACT THE TIPS OFFICE AT 866-839- 8477 WITH QUESTIONS OR CONCERNS REGARDING VENDOR ATTRIBUTE RESPONSE DEVIATIONS. PLEASE KEEP IN MIND THAT TIPS DOES NOT PROVIDE LEGAL COUNSEL TO MEMBERS. TIPS RECOMMENDS THAT YOU CONSULT YOUR LEGAL COUNSEL WHEN EXECUTING CONTRACTS WITH OR MAKING PURCHASES FROM TIPS VENDORS. 210603 Castro Roofing of Texas Supplier Response Event Information Number: 210603 Title: Roofing (2 PART with JOC) Type: Request for Proposal Issue Date: 6/3/2021 Deadline: 7/16/2021 03:00 PM (CT) Notes: This is a 2 PART solicitation. PART 1 is for projects that are not considered construction or a public work. It includes, but is not limited to, parts, supplies, maintenance services and repairs. PART 2 Job Order Contract (JOC) is for projects considered construction or public work projects. The determination of whether or not a project requires a PART 2 JOC is the responsibility of the TIPS member entity. Vendors are encouraged to respond to BOTH PARTS 1 and 2 to meet the needs of our members, but responses to both parts is not required. IF YOU CURRENTLY HOLD TIPS CONTRACT 180702 Roofing (JOC),YOU MUST RESPOND TO THIS SOLICITATION TO PREVENT LAPSE OF CONTRACT UNLESS YOU HOLD ANOTHER CURRENT TIPS CONTRACT THAT COVERS ALL OF YOUR ROOFING OFFERINGS. THIS AWARDED CONTRACT WILL REPLACE YOUR EXPIRING TIPS CONTRACT 180702 Roofing (JOC). Contact Information Page 1 of 31 pages Vendor: Castro Roofing of Texas 210603 Address: Region 8 Education Service Center 4845 US Highway 271 North Pittsburg, TX 75686 Phone: +1 (866) 839-8477 Email: bids@tips-usa.com Page 2 of 31 pages Vendor: Castro Roofing of Texas 210603 Castro Roofing of Texas Information Contact: Carlos Valdez Address: 4854 Olson Drive Dallas, TX 75227-2103 Phone: (214) 381-8108 Fax: (214) 381-8109 Toll Free: (800) 759-1879 Email: Carlos@CastroRoofing.com Web Address: www.CastroRoofing.com By submitting your response, you certify that you are authorized to represent and bind your company. Rodolfo Rodriguez rudy@castroroofing.com Signature Email Submitted at 7/16/2021 8:06:57 AM Requested Attachments Supplementary University of Houston -me Supplementary information can be scanned and uploaded. (Company information, brochures, catalogs, etc.) (PDF For ONLY) DO NOT UPLOAD encrypted or password protected files. Vendor Agreement PART 1 ONLY 210603 Vendor Agreement PART 1 O The vendor must download the Vendor Agreement from the attachment tab, fill in the requested information and upload completed agreement. DO NOT UPLOAD encrypted or password protected files. Agreement Signature Form PART 1 ONLY 210603 Agreement Signature Form PART 1 O If you have not taken exception or deviation to the agreement language in the solicitation attributes, download the AGREEMENT SIGNATURE FORM from the "ATTACHMENTS" tab. This PDF document is a fillable form. Download the document to your computer, fill in the requested company information, print the file, SIGN the form, SCAN the complete signed AGREEMENT SIGNATURE FORM, and upload here. If you have taken exception to any of the agreement language and noted the exception in the deviations section of the attributes for the agreement, complete the AGREEMENT SIGNATURE FORM, but DO NOT SIGN until those deviations been negotiated and resolved with TIPS management. Upload the unsigned form here, because this is a required docu Pricing Form 1 PART 1 ONLY No re The vendor must download the PRICING SPREADSHEET SHEET from the attachment tab, fill in the requested informat upload the completed spreadsheet. DO NOT UPLOAD encrypted or password protected files. Vendor Agreement PART 2 ONLY 210603 Vendor Agreement JOC_PART 2 O If proposing on Part 2, the vendor must download the Vendor Agreement from the attachment tab, fill in the requested information and upload the completed agreement. DO NOT UPLOAD encrypted or password protected files. Agreement Signature Form PART 2 ONLY TIPS Vendor Agreement Signature F If proposing on Part 2, the vendor must download the Vendor Agreement from the attachment tab, fill in the requested information and upload the completed agreement. DO NOT UPLOAD encrypted or password protected files. Page 3 of 31 pages Vendor: Castro Roofing of Texas 210603 Pricing Form 2 PART 1 ONLY 210603 Pricing Form 2 PART 1 ON The vendor must download the PRICING SPREADSHEET SHEET from the attachment tab, fill in the requested informat upload the completed spreadsheet. DO NOT UPLOAD encrypted or password protected files. Warranty Castro Roofing Warranty Certifi Warranty information (if applicable) must be scanned and uploaded. (PDF Format ONLY) DO NOT UPLOAD encrypted or password protected files. OPTIONAL - PART 2 - JOC Pricing of Itemized List of RS Means Non-Prepriced Items 210603 PART 2 JOC Pricing of Itemized List of Non-Prepriced Ite The Vendor may download the optional Pricing of Itemized List of RS Means Non-Prepriced Items form from the attachm tab, fill in the requested information, and upload the completed spreadsheet. DO NOT UPLOAD encrypted or password protected files. OPTIONAL PRICING EXHIBIT XACTIMATE UNIT PRICE BOOK PART 2 ONLY OPTIONAL PRICING EXHIBIT XACTIMATE UNIT PRICE BOOK PART 2 O PROPOSERS MAY SUBMIT ATTACHMENT ENTITLED “Optional Pricing Exhibit Xactimate Unit Price Book” AS AN ADDIT PRICING METHOD TO THE REQUIRED RS MEANS METHOD. You may not offer Xactimate Pricing in lieu of RS Means and doing so will disqualify you. If you submit Xactimate as an additional option for pricing, it will be averaged with the s assigned for RS Means to arrive at your final pricing score during evaluation of your proposal. Reference Form (PARTS 1 & 2)Reference Form (PARTS 1 Valid Reference Email addresses are REQUIRED on the spreadsheet. The vendor must download the References spreadsheet from the attachment tab, fill in the requested information and upload the completed spreadsheet. DO NOT UPLOAD encrypted or password protected files. D/M/WBE Certification OPTIONAL All MBE Certificate D/M/WBE Certification documentation may be scanned and uploaded if you desire to claim your status as one of the id enterprises. (Disadvantaged Business Enterprise, Minority Business Enterprise and/or Woman Business Enterprise) If has more than one certification scan into one document. (PDF Format ONLY) DO NOT UPLOAD encrypted or password protected files. Proposed Goods and Services LOOKOUT - Access to all your roofs in the palm of your h Please upload one or more documents or sheets describing your offerings, line cards, catalogs, links to offerings OR li to your offerings that illustrate the catalog of proposed lines of goods and or services you carry and offer under this pr It does not have to be exhaustive but should, at a minimum tell us what you are offering. It could be as simple as a shee your link to your online catalog of goods and services. All Other Certificates 210603 Agreement Signature Form PART 1 ONLY ( All Other Certificates (if applicable) must be scanned and uploaded. If vendor has more than one other certification sca one document. (PDF Format ONLY) DO NOT UPLOAD encrypted or password protected files. Logo and Other Company Marks 001_castro-roofing_logo_horz Conflict of Interest Form CIQ- ONLY REQUIRED IF A CONFLICT EXISTS PER THE INSTRUCTIONS DISCLOSURE OF CONFLICT OF INTEREST FORM - FILE ONLY IF THERE IS A CONFLICT TO REPO ONLY REQUIRED IF A CONFLICT EXISTS PER THE INSTRUCTIONS Conflict of Interest Form for Vendors that are required to submit the form. The Conflict of Interest Form is included in th documents or can be found at https://www.tips-usa.com/assets/documents/docs/CIQ.pdf. Page 4 of 31 pages Vendor: Castro Roofing of Texas 210603 Certificate of Corporate Offerer - COMPLETE ONLY IF OFFERER IS A CORPORATION CERTIFICATION OF CORPORATE OFFERER FO COMPLETE AND UPLOAD FORM IN ATTACHMENTS SECTION ONLY IF OFFERER IS A CORPORATION Lobbying Report Standard Form-LLL, “disclosure Form to Report Lobbying,” Disclosure_of_Lobbying_Activities_Standard_Form_LLL If you answered "I HAVE Lobbied per above" to attribute #66, please download and complete and upload the Standard LLL, “disclosure Form to Report Lobbying,” in the Response attachments section. Confidentiality Form 210603 CONFIDENTIALITY CLAIM FO REQUIRED CONFIDENTIALITY FORM. Complete the form according to your company requirements, make any desired attachments and upload to the appropriate section under "Response Attachments" THIS FORM DETERMINES HOW ESC8/TIPS RESPONDS TO LEGAL PUBLIC INFORMATION REQUESTS. Bonding Capacity Letter from Surety/Insurance Company Castro Roofing Bondability Letter 2021-05 REQUIRED IF YOU ARE PROPOSING ON PART 2 -Attach the Bonding Capacity Letter from Surety/Insurance Company do not have one available at time of proposal, attached a letter stating it will be submitted when received to prove bond capacity. No award can be made until official bonding capacity letter is received by TIPS. Current W-9 Tax Form W-9 2021 C You are required by TIPS to upload a current W-9 Internal Revenue Service (IRS) Tax Form for your entity. This form w utilized by TIPS to properly identify your entity. Response Attachments Castro's Qualification Statement.pdf Qualification Statement Quality Control Program.pdf Quality Control Safety-A-Core-Value-Professional-Roofing-Magazine_sml.pdf Safety-A-Core Value Dallas Performance Hall - CS.pdf National Award Winner Texas Womans University - 2018 Gold Hammer Award Winner..pdf National Award Winner CR2015- SMU Owen Arts Center.pdf National Award Winner Dallas City Hall - CS.pdf Case Study CR-0047_Professional-Roofing-Contractor-Article-reprint-Copy.pdf Magazine article All MBE Certificates (2).pdf MBE Certificates GHA- Comanche Peak Nuclear Plant.pdf National Award Winner Castro-Awards.pdf Castro Awards LOOKOUT - Access to all your roofs in the palm of your hand.pdf Roof Maintenance Program Page 5 of 31 pages Vendor: Castro Roofing of Texas 210603 Texas Hall of State.pdf National Award Winner Cedar-Hill_Gold-Circle_2010-.pdf National Award Winner Texas Womans University - 2018 Gold Hammer Award Winner..pdf National Award Winner Texas Hall of State.pdf National Award Winner 2017-front-cover-professional-roofing.pdf Magazine article Bid Attributes 1 Yes - No Disadvantaged/Minority/Women Business Enterprise - D/M/WBE (Required by some participating governmental entiti Vendor certifies that their firm is a D/M/WBE? Vendor must upload proof of certification to the ”Response Attachments D/M/WBE CERTIFICATES section. Yes 2 Yes - No Historically Underutilized Business - HUB (Required by some participating governmental entities) Vendor certifies that their firm is a HUB as defined by the State of Texas at https://comptroller.texas.gov/purchasing/vendor/hub/ or in a HUBZone as defined by the US Small Business Administration at https://www.sba.gov/offices/headquarters/ohp Proof of one or both may be submitted. Vendor must upload proof of certification to the “Response Attachments” HUB CERTIFICATES section. Yes 3 Yes - No The Vendor can provide services and/or products to all 50 US States? Yes 4 States Served: If answer is NO to question #3, please list which states can be served. (Example: AR, OK, TX) No response Page 6 of 31 pages Vendor: Castro Roofing of Texas 210603 5 Company and/or Product Description: This information will appear on the TIPS website in the company profile section, if awarded a TIPS contract. (Limit 750 characters.) Not just another COMMERCIAL ROOFER Stubborn leak? Why replace when you can restore? Storm damage? Insurance claim? Need advice? The last thing you need right now is a "Roofing Contractor." You need an expert team of trusted professionals to guide you through the entire process to TOTAL ROOF HEALTH Roofing contractors are to roofs what auto mechanics are to cars: A bunch of dirty, questionably ethical guys you cal when you have an immediate problem… who will charge you as much as possible for solutions that might not even b you really need. Roofers and mechanics both HOPE that you continue to experience problems so they can keep ma more money from you. That's an outdated way to think about your roof—and it costs you a ton of money. We're different. Sure, we fix leaks, too. But our team of professional experts does so much more. We inspect roofs b they leak to detect hidden damage. We recommend less expensive alternatives to re-roofing. We monitor storms for and react immediately when there are problems. We have a storm damage specialist with technology and equipment build a forensic case for your insurance claim. We know bulldog attorneys and public adjusters to fight your insuranc company when they under-estimate damage. We constantly monitor roof conditions to detect minor problems before get big. We save you money. We call it TOTAL ROOFING SOLUTIONS; the difference is that we're absolutely PRO-ACTIVE. We don't wait for prob We search them out, prove the extent, and get you everything necessary to restore your roof to health. Castro Roofing's mission is to empower building owners and managers to control their roofing portfolio and to provid smart roofing solutions. Castro Roofing is a commercial roofing solution provider. We permanently repair roof leaks, including nightmare leaks you have been struggling with for 5, 10, 20 years, re-roof, long-life roof restoration system storm damage assessment and reconstruction, metal roofs, roof maintenance, lifecycle roof budgets and roof asset management online program. We meet or exceed all bonding requirements, OSHA requirements and insurance requirements. Castro Roofing is the only contractor that has ever been honored with the prestigious Greater Dallas Business Ethics Award. Our firm is an established minority-owned company with a long history of doing business with different government agencies. We are a family-owned business and operate by second-generation roofing family members. The company is debt-free with a strong financial standing. During the last decade, Castro Roofing has bec synonymous with large, complex, high-profile projects. 6 Primary Contact Name Primary Contact Name Chad Westbrook 7 Primary Contact Title Primary Contact Title Chad Westbrook 8 Primary Contact Email Primary Contact Email Chad@CastroRoofing.com 9 Primary Contact Phone Enter 10 digit phone number. (No dashes or extensions) Example: 8668398477 2143818108 Page 7 of 31 pages Vendor: Castro Roofing of Texas 210603 10 Primary Contact Fax Enter 10 digit phone number. (No dashes or extensions) Example: 8668398477 2143818109 11 Primary Contact Mobile Enter 10 digit phone number. (No dashes or extensions) Example: 8668398477 2147011492 12 Secondary Contact Name Secondary Contact Name Lynda Amesquita 13 Secondary Contact Title Secondary Contact Title Coordinator 14 Secondary Contact Email Secondary Contact Email Lynda@CastroRoofing.com 15 Secondary Contact Phone Enter 10 digit phone number. (No dashes or extensions) Example: 8668398477 2143818108 16 Secondary Contact Fax Enter 10 digit phone number. (No dashes or extensions) Example: 8668398477 2143818109 17 Secondary Contact Mobile Enter 10 digit phone number. (No dashes or extensions) Example: 8668398477 2146037221 18 Admin Fee Contact Name Admin Fee Contact Name. This person is responsible for paying the admin fee to TIPS. Carlos Valdes 19 Admin Fee Contact Email Admin Fee Contact Email Carlos@CastroRoofing.com Page 8 of 31 pages Vendor: Castro Roofing of Texas 210603 20 Admin Fee Contact Phone Enter 10 digit phone number. (No dashes or extensions) Example: 8668398477 2143818108 21 Purchase Order Contact Name Purchase Order Contact Name. This person is responsible for receiving Purchase Orders from TIPS. Chad Westbrook 22 Purchase Order Contact Email Purchase Order Contact Email Chad@CastroRoofing.com 23 Purchase Order Contact Phone Enter 10 digit phone number. (No dashes or extensions) Example: 8668398477 2147011492 24 Company Website Company Website (Format - www.company.com) www.CastroRoofing.com 25 Entity D/B/A's and Assumed Names Please identify all of your entity's assumed names and D/B/A's.Please note that you will be identified publicly by the name under which you responded to this solicitation unless you organize otherwise with TIPS after award. Historically Underutilized Business (HUB), North Central Regional Certification Agency (NCTRCA), Dallas/Fort Worth Minority Supplier (D/FWMSDC) and National Minority Supplier Development Council (NMSDC) 26 Primary Address Primary Address 4854 Olson Dr 27 Primary Address City Primary Address City Dallas 28 Primary Address State Primary Address State (2 Digit Abbreviation) TX 29 Primary Address Zip Primary Address Zip 75227-2103 Page 9 of 31 pages Vendor: Castro Roofing of Texas 210603 30 Search Words: Please list search words to be posted in the TIPS database about your company that TIPS website users might searc Words may be product names, manufacturers, or other words associated with the category of award. YOU MAY NOT NON-CATEGORY ITEMS. (Limit 500 words) (Format: product, paper, construction, manufacturer name, etc.) Roofing, commercial roofing, sheet metal, metal roofing, roof, roof leaks, storm damage, roof maintenance, leaks, emergency repairs, roof problems, roof inspection, insurance, shingle roof, TPO, single ply, modified bituminous, gra roof, BUR, standing seam metal roof, PVC roof, Duro-Last, roof consultant, solar, roof warranty. 31 Do you want TIPS Members to be able to spend Federal grant funds with you if awarded? Is it your intent able to sell to our members regardless of the fund source, whether it be local, state or federal? Most of our members receive Federal Government grants and they make up a significant portion of their budgets. Th members need to know if your company is willing to sell to them when they spend federal budget funds on their purch There are attributes that follow that are provisions from the federal regulations in 2 CFR part 200. Your answers will determine if your award will be designated as Federal or Education Department General Administrative Regulations (EDGAR)compliant. Do you want TIPS Members to be able to spend Federal grant funds with you if awarded and is it your intent to be ab sell to our members regardless of the fund source, whether it be local, state or federal? Yes 32 Yes - No Certification of Residency - The vendor's ultimate parent company or majority owner: (A) has its principal place of business in Texas; OR (B) employs at least 500 persons in Texas? This question is required as a data gathering function for information to our members making purchases with awarde vendors. Does not affect scoring with TIPS. Yes 33 Company Residence (City) Vendor's principal place of business is in the city of? Dallas 34 Company Residence (State) Vendor's principal place of business is in the state of? Texas Page 10 of 31 pages Vendor: Castro Roofing of Texas 210603 35 Discount Offered - CAUTION READ CAREFULLY BECAUSE VENDORS FREQUENTLY MAKE MISTAKES O THIS ATTRIBUTE QUESTION Remember this is a MINIMUM discount percentage so, be sure the discount percentage inserted here can be applied ANY OFFERING OF GOODS OR SERVICES THROUGH OUT THE LIFE OF THE CONTRACT CAUTION: BE CERTAIN YOU CAN HONOR THIS MINIMUM DISCOUNT PERCENTAGE ON ANY OFFERED SERVICE O GOOD NOW OR DURING THE LIFE OF THE CONTRACT. What is the MINIMUM percentage discount off of any item or service you offer to TIPS Members that is in your regular catalog (as defined in the solicitation specifications document), website, store or shelf pricing or when adding new go services to your offerings during the life of the contract? The resulting price of any goods or services Catalog list pric after this discount is applied is a ceiling on your pricing and not a floor because, in order to be more competitive in th individual circumstance, you may offer a larger discount depending on the items or services purchased and the quan time of sale. Must answer with a number between 0% and 100%. 3% 36 Yes - No If awarded on Part 1 of the TIPS Contract, for the duration of the Contract, Vendor agrees to provide catalog pricing, defined in the solicitation and below, to TIPS upon request for any goods and services offered on PART 1 of the Vend TIPS Contract, if any. "Catalog" means the available list of tangible personal property or services, in the most current listing, regardless of d during the life of the contract, that takes the form of a catalog, price list, schedule, shelf price or other form that: A. is regularly maintained by the manufacturer or Vendor of an item; and B. is either published or otherwise available for inspection by a customerduring the purchase process; C. to which the minimum discount proposed by the proposing Vendor maybe applied. YES 37 TIPS administration fee By submitting a proposal, I agree that all pricing submitted to TIPS shall include the participation fee, as designated in solicitation or as otherwise agreed in writing and shall be remitted to TIPS by the Vendor or the vendor's named resel and as agreed in the Vendor agreement. I agree that the fee shall not and will not be added by the vendor as a sepa line item on a TIPS member invoice, quote, proposal or any other written communications with the TIPS member. 38 REQUIRED FOR PART 2 JOC - PRICING OF Regular Hours Coefficient What is your regular hours coefficient for the RS Means Price Book? (FAILURE TO RESPOND PROHIBITS PA JOC EVALUATION) Remember that this is a ceiling price proposed. You can discount lower than your proposed contract coefficient, but n higher. This is one of three pricing questions that are required for consideration for award on this solicitation. Please consid answer carefully. An explanation of the TIPS scoring of pricing is included in the attachments for your information. The below is an Example of how pricing model works (not intended to influence your proposed coefficient, you should propose a coefficient that you determine is right for your business): To propose the exact pricing as the RS Means Unit Price Book, you would insert a 1.0 and to propose a 5% discount RS Means Price Book would be a .95 regular hours coefficient and so on. 0.95 Page 11 of 31 pages Vendor: Castro Roofing of Texas 210603 39 REQUIRED FOR PART 2 JOC - PRICING OF After Hours Coefficient What is your after hours coefficient for the RS Means Price Book for work performed after normal working hours? (FAILURE TO RE PROHIBITS PART 2 JOC EVALUATION) Remember that this is a ceiling price proposed. You can discount to any TIPS Member customer a lower coefficient th your proposed contract coefficient, but not higher. This is one of three pricing questions that are required for consideration for award on this solicitation. Please consid answer carefully. An explanation of the TIPS scoring of pricing titled "Pricing Coefficient Instruction" is included in the attachments for your information. The below is an EXAMPLE of how the pricing model works (It is not intended to influence your proposed coefficient, y should propose a coefficient that you determine is reasonable for your business for the life of the contract): The most common after hours coefficient is time and a half of the RS Means Unit Price Book prices. To illustrate this coefficient, if your regular hours coefficient is .95, your after hours coefficient would be 1.45. 1.45 40 REQUIRED FOR 2 PART JOC - PRICING for Markup of Non-Prepriced Items in RS Means Unit Price Book What is your proposed Markup Percentage on materials not found in the RS Means Price Book? (FAILURE TO RESPOND PROHIBITS 2 JOC EVALUATION) If any materials being utilized for a project cannot be found in the RS Means Price Book, this question is what is the m percentage on those materials? When answering this question please insert the number that represents your percentage of proposed markup. Example: if you are proposing a 30 percent markup, please insert the number "30". Remember that this is a ceiling markup. You may markup a lesser percentage to the TIPS Member customer when pr the project, but not a greater percentage. EXAMPLE: You need special materials that are not in the RS Means Unit Price Book for a project. You would buy the materials and mark them up to the TIPS Member customer by the percentage you propose in this question. If the ma cost you, the contractor, $100 and you proposed a markup on this question for the material of 30 percent, then you w charge the TIPS Member customer $130 for the materials. 30% 41 Yes - No Vendor agrees to remit to TIPS the required administration fee or, if resellers are named, guarantee the fee remittanc or for the reseller named by the vendor? TIPS/ESC Region 8 is required by Texas Government Code § 791 to be compensated for its work and thus, failure to shall render your response void and it will not be considered. Agreed 42 Yes - No Do you offer additional discounts to TIPS members for large order quantities or large scope of work? Yes 43 Years experience in this category of goods or services. Company years experience in this category of goods or services? 30 Page 12 of 31 pages Vendor: Castro Roofing of Texas 210603 44 Resellers: Does the vendor have resellers that it will name under this contract? Resellers are defined as other companies that sell your products under an agreement with you, as the awarded vend TIPS. EXAMPLE: BIGmart is a reseller of ACME brand televisions. If ACME were a TIPS awarded vendor, then ACME would BIGmart as a reseller. (If applicable, Vendor should add all Authorized Resellers within the TIPS Vendor Portal upon award). No 45 Right of Refusal Does the proposing vendor wish to reserve the right not to perform under the awarded agreement with a TIPS memb vendor's discretion? No 46 NON-COLLUSIVE BIDDING CERTIFICATE By submission of this bid or proposal, the Bidder certifies that: 1) This bid or proposal has been independently arrived at without collusion with any other Bidder or with any Compet 2) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of or proposals for this project, to any other Bidder, Competitor or potential competitor: 3) No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to sub bid or proposal; 4) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the penalties being applicable to the Bidder as well as to the per signing in its behalf. Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. 47 CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ -Do you have any CONFLICT OF INTEREST TO REPORT OR DISCLOSE under this statutory requirement? Do you have any CONFLICT OF INTEREST TO REPORT OR DISCLOSE under this statutory requirement? YES or N If you have a conflict of interest as described in this form or the Local Government Code Chapter 176, cited therein- y are required to complete and file with TIPS. The Form CIQ is one of the attachments to this solicitation. There is an optional upload for this form provided if you have a conflict and must file the form No 48 Filing of Form CIQ If yes (above), have you filed a form CIQ by uploading the form to this RFP as directed above? No Page 13 of 31 pages Vendor: Castro Roofing of Texas 210603 49 Regulatory Standing I certify to TIPS for the proposal attached that my company is in good standing with all governmental agencies Feder state that regulate any part of our business operations. If not, please explain in the next attribute question. Yes 50 Regulatory Standing Regulatory Standing explanation of no answer on previous question. No response 51 Antitrust Certification Statements (Tex. Government Code § 2155.005) By submission of this bid or proposal, the Bidder certifies that: I affirm under penalty of perjury of the laws of the State of Texas that: (1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below; (2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the Texa Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law; (4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of thi to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the sam of business as the Company. Page 14 of 31 pages Vendor: Castro Roofing of Texas 210603 52 Suspension or Debarment Instructions Instructions for Certification: 1. By answering yes to the next Attribute question below, the vendor and prospective lower tier participant is providing certification set out herein in accordance with these instructions. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transa was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification in addition to other remedies available to the federal government, the department or agency with which th transaction originated may pursue available remedies, including suspension and / or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitte has become erroneous by reason of changed circumstances. 4. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,” “participan “person,” “primary covered transaction,” “principal,” “proposal” and “voluntarily excluded,” as used in this clause, hav meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may co the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspe declared ineligible or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactio without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier cover transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless knows that the certification is erroneous. A participant may decide the method and frequency by which it determines t eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to r in good faith the certification required by this clause. The knowledge and information of a participant is not required t exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible or volunta excluded from participation in this transaction, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension an debarment. Page 15 of 31 pages Vendor: Castro Roofing of Texas 210603 53 Suspension or Debarment Certification By answering yes, you certify that no federal suspension or debarment is in place, which would preclude receiving a federally funded contract as described above. Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 126 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarre suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory au other than Executive Order 12549. By answering yes, you certify that no federal suspension or debarment is in place, which would preclude receiving a federally funded contract as described above. Yes 54 Non-Discrimination Statement and Certification In accordance with Federal civil rights law, all U.S. Departments, including the U.S. Department of Agriculture (USDA) rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, g identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202 2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, fou online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 63 9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assista Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; email: program.intake@usda.gov. (Title VI of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination 1975; Title 7 CFR Parts 15, 15a, and 15b; the Americans with Disabilities Act; and FNS Instruction 113-1, Civil Rights Compliance and Enforcement – Nutrition Programs and Activities) All U.S. Departments, including the USDA are equal opportunity provider, employer, and lender. Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. I certify in the performance of a contract with TIPS or its members, that our company will conform to the foregoing anti- discrimination statement and comply with the cited and all other applicable laws and regulations. Yes, I certify (Yes) Page 16 of 31 pages Vendor: Castro Roofing of Texas 210603 55 2 CFR PART 200 Contract Provisions Explanation Required Federal contract provisions of Federal Regulations for Contracts for contracts with ESC Region 8 and TIPS Members: The following provisions are required to be in place and agreed if the procurement is funded in any part with federal f The ESC Region 8 and TIPS Members are the subgrantee or Subrecipient by definition. Most of the provisions are lo in 2 CFR PART 200 - Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Aw at 2 CFR PART 200. Others are included within 2 CFR part 200 et al. In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-F entity under the Federal award must contain provisions covering the following, as applicable. 56 2 CFR PART 200 Contracts Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted a determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contrac violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Notice: Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region TIPS Members reserves all rights and privileges under the applicable laws and regulations with respect to this procur in the event of breach of contract by either party. Does vendor agree? Yes 57 2 CFR PART 200 Termination Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effe and the basis for settlement. (All contracts in excess of $10,000) Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and T Members reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process for cause after giving the vendor an appropriate opportunity and 30 days, to cure the causal breach of terms and conditions. ESC Region 8 and TIPS Members reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement p for convenience with 30 days notice in writing to the awarded vendor. The vendor would be compensated for work performed and goods procured as of the termination date if for convenience of the E Region 8 and TIPS Members. Any award under this procurement process is not exclusive and the ESC Region 8 and reserves the right to purchase goods and services from other vendors when it is in the best interest of the ESC Regio and TIPS. Does vendor agree? Yes Page 17 of 31 pages Vendor: Castro Roofing of Texas 210603 58 2 CFR PART 200 Clean Air Act Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amend Contracts and subgrants of amounts in excess of $250,000 must contain a provision that requires the non-Federal aw agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Pursuant to the Clean Air Act, et al above, when federal funds are expended by ESC Region 8 and TIPS Members, E Region 8 and TIPS Members requires that the proposer certify that during the term of an award by the ESC Region 8 TIPS Members resulting from this procurement process the vendor agrees to comply with all of the above regulations including all of the terms listed and referenced therein. Does vendor agree? Yes 59 2 CFR PART 200 Byrd Anti-Lobbying Amendment Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 m the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated fun pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a mem Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining a Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier up to the non-Federal award. Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and T Members requires the proposer certify that during the term and during the life of any contract with ESC Region 8 and Members resulting from this procurement process the vendor certifies to the terms included or referenced herein. Does vendor agree? Yes 60 2 CFR PART 200 Federal Rule Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $250,000) Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and T Members requires the proposer certify that in performance of the contracts, subcontracts, and subgrants of amounts excess of $250,000, the vendor will be in compliance with all applicable standards, orders, or requirements issued un section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive 11738, and Environmental Protection Agency regulations (40 CFR part 15). Does vendor certify that it is in compliance with the Clean Air Act? Yes Page 18 of 31 pages Vendor: Castro Roofing of Texas 210603 61 2 CFR PART 200 Procurement of Recovered Materials A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must com with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. Th requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection A (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 quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Does vendor certify that it is in compliance with the Solid Waste Disposal Act as described above? Yes 62 2 CFR PART 200 Rights to Inventions If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subre wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of p assignment or performance of experimental, developmental, or research work under that “funding agreement,” the re or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by No Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” a implementing regulations issued by the awarding agency. Pursuant to the above, when the foregoing applies to ESC Region 8 and TIPS Members, Vendor certifies that dur term of an award resulting from this procurement process, Vendor agrees to comply with all applicable requireme referenced in the Federal rule above. Does vendor agree? Yes 63 2 CFR PART 200 Domestic Preferences for Procurements As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produ the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products requirements of this section must be included in all subawards including all contracts and purchase orders for w products under this award. For purposes of 2 CFR Part 200.322, “Produced in the United States” means, for iron an products, that all manufacturing processes, from the initial melting stag through the application of coatings, occurred United States. Moreover, for purposes of 2 CFR Part 200.322, “Manufactured products” means items and const materials composed in whole or in part of non-ferrous metals such as aluminum, plastics and polymer-based produc as polyvinyl chloride pipe, aggregates such as concrete, class, including optical fiber, and lumber. Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies tha greatest extent practicable Vendor will provide a preference for the purchase, acquisition, or use of goods, produ materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufa products). Does vendor agree? Yes Page 19 of 31 pages Vendor: Castro Roofing of Texas 210603 64 2 CFR PART 200 Ban on Foreign Telecommunications Federal grant funds may not be used to purchase equipment, services, or systems that use “covered telecommunic equipment or services as a substantial or essential component of any system, or as critical technology as part system. “Covered telecommunications” means purchases from Huawei Technologies Company or ZTE Corporation subsidiary or affiliate of such entities), and video surveillance and telecommunications equipment produced by Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company subsidiary or affiliate of such entities). Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifi Vendor will not purchase equipment, services, or systems that use “covered telecommunications”, as defined by §200.216 equipment or services as a substantial or essential component of any system, or as critical technology as any system. Does vendor agree? Yes 65 2 CFR PART 200 Equal Employment Opportunity Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted const contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4 accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 196 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Emplo Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs Employment Opportunity, Department of Labor.” Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members on any federally a construction contract, the equal opportunity clause is incorporated by reference herein. Does vendor agree? Yes 66 2 CFR PART 200 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) [Applicable ONLY to contracts in excess of $100,000 involving mechanics or laborers.] Contract Work Hours and Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in exc $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of t each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standar week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensat 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 The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic m required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open ma contracts for transportation or transmission of intelligence. Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members on qualifying con Vendor certifies that Vendor will be in compliance with all applicable provisions of the Contract Work Hours and Standards Act during the term of an award for all contracts by the District resulting from this procurement process. Does vendor agree? Yes Page 20 of 31 pages Vendor: Castro Roofing of Texas 210603 67 Certification Regarding Lobbying Applicable to Grants, Subgrants, Cooperative Agreements, and Contracts Exceeding $100,000 in Federal Funds Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by section Title 31, U.S. Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Any person who fails to file the required certification shall be subject to a civil p of not less than $10,000 and not more than $100,000 for each such failure. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person f influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or emp of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the ma a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continu renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of cong or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the unders shall complete and submit Standard Form-LLL, “disclosure Form to Report Lobbying,” in accordance with its instructi (3) The undersigned shall require that the language of this certification be included in the award documents for all co subawards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and dis accordingly. I HAVE NOT Lobbied per above 68 Lobbying Report Standard Form-LLL, “disclosure Form to Report Lobbying,” ONLY IF you answered "I HAVE Lobbied per above" to attribute above titled "Certification Regarding Lobbying", p download and complete and upload the Standard Form-LLL, “disclosure Form to Report Lobbying,” in the Response attachments section. 69 Subcontracting with small and minority businesses, women's business enterprises, and labor surplus are firms. Do you ever anticipate the possibility of subcontracting any of your work under this award if you are successful? IF NO, DO NOT ANSWER THE NEXT ATTRIBUTE QUESTION. . IF YES, and ONLY IF YES, you must answer the next question YES if you want a TIPS Member to be authorized to spend Federal Grant Funds for Procurement. YES Page 21 of 31 pages Vendor: Castro Roofing of Texas 210603 70 ONLY IF YES TO THE PREVIOUS QUESTION OR if you ever do subcontract any part of your performanc under the TIPS Agreement, do you agree to comply with the following federal requirements? ONLY IF YES TO THE ABOVE QUESTIONS OR if you ever do subcontract any part of your performance under the TI Agreement, do you agree to comply with the following federal requirements? Federal Regulation 2 CFR §200.321 Contracting with small and minority businesses, women's business enterprises, labor surplus area firms. (a)The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. (b) Affirmative steps must include:(1) Placing qualified small and minority businesses and women's business enterpris solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum partici by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and mino businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration an Minority Business Development Agency of the Department of Commerce ; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs(1) t (5) of this section. YES 71 If proposing on PART 2, Davis-Bacon Act compliance. IF proposing on PART 2, Texas Statute requires compliance with Davis-Bacon Act, as amended (40 U.S.C. 3141-314 When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3 as supplemented by Department of Labor regulations (29 CFR Part S, "Labor Standards Provisions Applicable to Co Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be requir pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination m by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The no Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in e solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agenc contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act {40 U.S.C. 314S), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Buildi 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. non-Federal entity must report all suspected or reported violations to the Federal awarding agency. BY SUBMITTING A PROPOSAL FOR PART 2 OF THIS SOLICITATION, the Vendor agrees, AS REQUIRED BY LAW, to comply with the Davis Bacon Act, IF APPLICABLE and if proposing on PART 2 of this solicitation. Page 22 of 31 pages Vendor: Castro Roofing of Texas 210603 72 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employmen mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half t the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 370 applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchase supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmissio intelligence. By submitting a proposal to PART 2 of this solicitation and IF the customer is utilizing federal funds as described abov Vendor agrees to comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). 73 Indemnification The ESC Region 8 and TIPS is a Texas Political Subdivision and a local governmental entity; therefore, is prohibited f indemnifying third parties pursuant to the Texas Constitution (Article 3, Section 52) except as specifically provided by as ordered by a court of competent jurisdiction. A provision in a contract to indemnify or hold a party harmless is a pr to pay for any expenses the indemnified party incurs, if a specified event occurs, such as breaching the terms of the contract or negligently performing duties under the contract. Article III, Section 49 of the Texas Constitution states tha debt shall be created by or on behalf of the State ... " The Attorney General has counseled that a contractually impos obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Contract clauses which require the System or institutions to indemnify must be deleted or qualified with ''to the extent permitted the Constitution and Laws of the State of Texas." Liquidated damages, attorney's fees, waiver of vendor's liability, and waiver of statutes of limitations clauses should also be deleted or qualified with "to the extent permitted by the Constit and laws of State of Texas." Do you agree to these terms? Yes, I Agree (Yes) 74 Remedies The parties shall be entitled to exercise any right or remedy available to it either at law or in equity, subject to the cho law, venue and service of process clauses limitations agreed herein. Nothing in this agreement shall commit the TIPS arbitration resolution of any disagreement under any circumstances. Any Claim arising out of or related to the Contra except for those specifically waived under the terms of the Contract, may, after denial of the Board of Directors, be su to mediation at the request of either party. Any issues not resolved hereunder MAY be referred to non-binding media be conducted by a mutually agreed upon mediator as a prerequisite to the filing of any lawsuit over such issue(s). Th parties shall share the mediator’s fee and any associated filing fee equally. Mediation shall be held in Camp or Titus County, Texas. Agreements reached in mediation shall be reduced to writing, and will be subject to the approval by th District's Board of Directors, signed by the Parties if approved by the Board of Directors, and, if signed, shall thereaft enforceable as provided by the laws of the State of Texas. Do you agree to these terms? Yes, I Agree 75 Remedies Explanation of No Answer No response Page 23 of 31 pages Vendor: Castro Roofing of Texas 210603 76 Choice of Law The agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws State of Texas, regardless of any conflict of laws principles. THIS DOES NOT APPLY to a vendor's agreement entered into with a TIPS Member, as the Member may be located o Texas. Do you agree to these terms? Agreed 77 Venue, Jurisdiction and Service of Process Any proceeding, involving Region 8 ESC or TIPS, arising out of or relating to this procurement process or any contra issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proce waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in resp the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arisin of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of t knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to ve to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on party anywhere in the world. Any dispute resolution process other than litigation shall have venue in Camp County or County Texas. Do you agree to these terms? Agreed 78 Alternative Dispute Resolution Explanation of No Answer No response 79 Infringement(s) The successful vendor will be expected to indemnify and hold harmless the TIPS and its employees, officers, agents, representatives, contractors, assignees and designees from any and all third party claims and judgments involving infringement of patent, copyright, trade secrets, trade or service marks, and any other intellectual or intangible prope rights attributed to or claims based on the Vendor's proposal or Vendor’s performance of contracts awarded and app Do you agree to these terms? Yes, I Agree 80 Infringement(s) Explanation of No Answer No response 81 Acts or Omissions The successful vendor will be expected to indemnify and hold harmless the TIPS, its officers, employees, agents, representatives, contractors, assignees and designees from and against any and all liability, actions, claims, demand suits, and all related costs, attorney's fees and expenses arising out of, or resulting from any acts or omissions of the vendor or its agents, employees, subcontractors, or suppliers in the execution or performance of any agreements ultimately made by TIPS and the vendor. Do you agree to these terms? Yes, I Agree 82 Acts or Omissions Explanation of No Answer No response Page 24 of 31 pages Vendor: Castro Roofing of Texas 210603 83 Contract Governance Any contract made or entered into by the TIPS is subject to and is to be governed by Section 271.151 et seq, Tex Lo Code. Otherwise, TIPS does not waive its governmental immunities from suit or liability except to the extent expressly by other applicable laws in clear and unambiguous language. Yes, I Agree (Yes) 84 Payment Terms and Funding Out Clause Payment Terms: TIPS or TIPS members shall not be liable for interest or late payment fees on past due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding Out Clause: Vendor agrees to abide by the laws and regulations, including Texas Local Government Code § 271.903, or any statu or regulatory limitations of the jurisdiction of any TIPS Member which governs contracts entered into by the Vendor an TIPS or a TIPS Member that requires all contracts approved by TIPS or a TIPS Member are subject to the budgeting appropriation of currently available funds by the entity or its governing body. See statute(s) for specifics or consult your legal counsel. Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. Do you agree to these terms? Yes, I Agree (Yes) Page 25 of 31 pages Vendor: Castro Roofing of Texas 210603 85 Insurance and Fingerprint Requirements Information Insurance If applicable and your staff will be on TIPS member premises for delivery, training or installation etc. and/or with an automobile, you must carry automobile insurance as required by law. You may be asked to provide proof of insurance. Fingerprint It is possible that a vendor may be subject to Chapter 22 of the Texas Education Code. The Texas Education Code, C 22, Section 22.0834 & 22.08341. Statutory language may be found at: http://www.statutes.legis.state.tx.us/ If the vendor has staff that meet both of these criterion: (1) will have continuing duties related to the contracted services; and (2) has or will have direct contact with students Then you have ”covered” employees for purposes of completing the attached form. TIPS recommends all vendors consult their legal counsel for guidance in compliance with this law. If you have questio how to comply, see below. If you have questions on compliance with this code section, contact the Texas Department Public Safety Non-Criminal Justice Unit, Access and Dissemination Bureau, FAST-FACT at NCJU@txdps.state.tx.us and you should send an email identifying you as a contractor to a Texas Independent Schoo District or ESC Region 8 and TIPS. Texas DPS phone number is (512) 424-2474. See form in the next attribute to complete entitled: Texas Education Code Chapter 22 Contractor Certification for Contractor Employees Page 26 of 31 pages Vendor: Castro Roofing of Texas 210603 86 Texas Education Code Chapter 22 Contractor Certification for Contractor Employees Introduction: Texas Education Code Chapter 22 requires entities that contract with school districts to provide services obtain criminal history record information regarding covered employees. Contractors must certify to the district that th have complied. Covered employees with disqualifying criminal histories are prohibited from serving at a school distric Definitions: Covered employees: Employees of a contractor or subcontractor who have or will have continuing duties related to the service to be performed at the District and have or will have direct contact with students. The District wi the final arbiter of what constitutes direct contact with students. Disqualifying criminal history: Any conviction or other criminal history information designated by the District, or one of the following offenses, if at the time of the offense, th victim was under 18 or enrolled in a public school: (a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as a offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law or the another state. I certify that: NONE (Section A) of the employees of Contractor and any subcontractors are covered employees, as defined abov this box is checked, I further certify that Contractor has taken precautions or imposed conditions to ensure that the employees of Contractor and any subcontractor will not become covered employees. Contractor will maintain these precautions or conditions throughout the time the contracted services are provided. OR SOME (Section B) or all of the employees of Contractor and any subcontractor are covered employees. If this box is checked, I further certify that: (1) Contractor has obtained all required criminal history record information regarding its covered employees. None of covered employees has a disqualifying criminal history. (2) If Contractor receives information that a covered employee subsequently has a reported criminal history, Contract immediately remove the covered employee from contract duties and notify the District in writing within 3 business day (3) Upon request, Contractor will provide the District with the name and any other requested information of covered employees so that the District may obtain criminal history record information on the covered employees. (4) If the District objects to the assignment of a covered employee on the basis of the covered employee's criminal hi record information, Contractor agrees to discontinue using that covered employee to provide services at the District. Noncompliance or misrepresentation regarding this certification may be grounds for contract termination. Some 87 Texas Business and Commerce Code § 272 Requirements as of 9-1-2017 SB 807 prohibits construction contracts to have provisions requiring the contract to be subject to the laws of another to be required to litigate the contract in another state, or to require arbitration in another state. A contract with such provisions is voidable. Under this new statute, a “construction contract” includes contracts, subcontracts, or agreeme with (among others) architects, engineers, contractors, construction managers, equipment lessors, or materials supp “Construction contracts” are for the design, construction, alteration, renovation, remodeling, or repair of any building improvement to real property, or for furnishing materials or equipment for the project. The term also includes moving, demolition, or excavation. BY RESPONDING TO THIS SOLICITATION, AND WHEN APPLICABLE, THE PROPOSER AG TO COMPLY WITH THE TEXAS BUSINESS AND COMMERCE CODE § 272 WHEN EXECUTING CONTRACTS WITH T MEMBERS THAT ARE TEXAS GOVERNMENT ENTITIES. Page 27 of 31 pages Vendor: Castro Roofing of Texas 210603 88 Texas Government Code 2270 & 2270 Verification Form Texas Government Code 2270 & 2271 Verification Form If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this Agreemen value of $100,000 or more, the following certification shall apply; otherwise, this certification is not required. Purs Chapter 2271 of the Texas Government Code, the Vendor hereby certifies and verifies that neither the Vendor, n affiliate, subsidiary, or parent company of the Vendor, if any (the "Vendor Companies"), boycotts Israel, and the V agrees that the Vendor and Vendor Companies will not boycott Israel during the term of this Agreement. For purpo this Agreement, the term "boycott" shall mean and include refusing to deal with, terminating business activities w otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with Is with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action m ordinary business purposes. Our entity further certifies that it is is not listed on and we do not do business with companies prohibited by Government Code 2270 or that are on the Texas Comptroller of Public Accounts list of Designated Foreign Te Organizations per Texas Gov't Code 2270.0153 found at https://comptroller.texas.gov/purchasing/docs/foreign-terror I swear and affirm that the above is true and correct. YES 89 Logos and other company marks Please upload your company logo to be added to your individual profile page on the TIPS website. If any particular specifications are required for use of your company logo, please upload that information under the "Logo and Other Company Marks" section under the “Response Attachment” tab. Preferred Logo Format: 300 x 225 px - .png, .eps, .jp preferred Potential uses of company logo: * Your Vendor Profile Page of TIPS website * Potentially on TIPS website scroll bar for Top Performing Vendors * TIPS Quarterly eNewsletter sent to TIPS Members * Co-branding Flyers and or email blasts to our TIPS Members (Permission and approval will be obtained before publ 90 Solicitation Deviation/Compliance Does the vendor agree with the General Conditions Standard Terms and Conditions or Item Specifications listed in this proposal invitation? Yes 91 Solicitation Exceptions/Deviations Explanation If the bidder intends to deviate from the General Conditions Standard Terms and Conditions or Item Specifications list this proposal invitation, all such deviations must be listed on this attribute, with complete and detailed conditions and information included or attached. TIPS will consider any deviations in its proposal award decisions, and TIPS reserves the right to accept or reject any based upon any deviations indicated below or in any attachments or inclusions. In the absence of any deviation entry on this attribute, the proposer assures TIPS of their full compliance with the Sta Terms and Conditions, Item Specifications, and all other information contained in this Solicitation. No response Page 28 of 31 pages Vendor: Castro Roofing of Texas 210603 92 Agreement Deviation/Compliance Does the vendor agree with the language in the Vendor Agreement? Yes 93 Agreement Exceptions/Deviations Explanation If the proposing Vendor desires to deviate form the Vendor Agreement language, all such deviations must be listed o attribute, with complete and detailed conditions and information included. TIPS will consider any deviations in its prop award decisions, and TIPS reserves the right to accept or reject any proposal based upon any deviations indicated be In the absence of any deviation entry on this attribute, the proposer assures TIPS of their full compliance with the Ven Agreement. No response 94 Long Term Cost Evaluation Criterion on PART 1 EVALUATION ONLY READ CAREFULLY and see in the RFP document under "Proposal Scoring and Evaluation". Points will be assigned to this criterion based on your answer to this Attribute. Points are awarded if you agree not inc your catalog prices (as defined herein) more than X% annually over the previous year for the life of the contract, unle exigent circumstance exists in the marketplace and the excess price increase which exceeds X% annually is supporte documentation provided by you and your suppliers and shared with TIPS, if requested. If you agree NOT to increase more than 5%, except when justified by supporting documentation, you are awarded 10 points; if 6% to 14%, except w justified by supporting documentation, you receive 1 to 9 points incrementally. Price increases 14% or greater, except justified by supporting documentation, receive 0 points. price increases will be < 5% annually per question 95 Felony Conviction Notice Texas Education Code, Section 44.034, Notification of Criminal History, Subsection (a), states “a person or business e that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the c resulting in the conviction of a felony.” Subsection (b) states “a school district may terminate a contract with a person business entity if the district determines that the person or business entity failed to give notice as required by Subsec (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business e for services performed before the termination of the contract.” (c) This section does not apply to a publicly held corpo The person completing this proposal certifies that they are authorized to provide the answer to this question. Select A., B. or C. A. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable. OR B.My firm is not owned nor operated by anyone who has been convicted of a felony, OR C. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony. (if you answe below, you are required to provide information in the next attribute. B. Firm not owned nor operated by felon; per above 96 If you answered C. My Firm is owned or operated by a felon to the previous question, you are REQUIRED ANSWER THE FOLLOWING QUESTIONS. If you answered C. My Firm is owned or operated by a felon to the previous question, you must provide the following information. 1. Name of Felon(s) 2. The named person's role in the firm, and 3. Details of Conviction(s). No response Page 29 of 31 pages Vendor: Castro Roofing of Texas 210603 97 Required Confidentiality Claim Form Required Confidentiality Claim Form This completed form is required by TIPS. By submitting a response to this solicitation you agree to download from the “Attachments” section, complete according to the instructions on the form, then upload the completed form, with any confidential attachments, if applicable, to the “Response Attachments” section titled “Confidentiality Form” in order to provide to TIPS the completed form titled, “CONFIDENTIALITY CLAIM FORM”. THIS REQUIRED PROCESS IS THE O WAY TO DEEM PROPOSAL DOCUMENTATION CONFIDENTIAL ANY OTHER CONFIDENTIAL DESIGNATION WILL BE DISREGARDED UNLESS THE DOCUMENT IS IDENTIFIED BY AND ATTACHED TO THE REQUIRED FORM. By comp this process, you provide us with the information we require to comply with the open record laws of the State of Texas they may apply to your proposal submission. If you do not provide the form with your proposal, an award will not be m your proposal is qualified for an award, until TIPS has an accurate, completed form from you. Read the form carefully before completing and if you have any questions, email bids@tips-usa.com. 98 Choice of Law clauses for TIPS Members If the vendor is awarded a contract with TIPS under this solicitation, the vendor agrees to make any Choice of Law cla in any contract or agreement entered into between the awarded vendor and with a TIPS member entity to read as foll "Choice of law shall be the laws of the state where the customer resides" or words to that effect. Agreed 99 Venue of dispute resolution with a TIPS Member In the event of litigation or use of any dispute resolution model when resolving disputes with a TIPS member entity as result of a transaction between the vendor and TIPS or the TIPS member entity, the Venue for any litigation or other a upon model shall be in the state and county where the customer resides unless otherwise agreed by the parties at th the dispute resolution model is decided by the parties. Agreed 100 Indemnity Limitation with TIPS Members Texas and other states restrict by law or state Constitution the ability of a governmental entity to indemnify others. TIP requires that any contract entered into between a vendor and TIPS or a TIPS Member as a result of an award under Solicitation limit the requirement that the Customer indemnify the Vendor by either eliminating any such indemnity requirement clauses in any agreements, contracts or other binding documents OR by prefacing all indemnity clauses required of TIPS or the TIPS Member entity with the following: "To the extent permitted by the laws or the Constitution state where the customer resides, ". Agreement is a required condition to award of a contract resulting from this Solicitation. Agreed 101 Arbitration Clauses Except for certain circumstances, TIPS forbids a mandatory arbitration clause in any contract or agreement entered i between the awarded vendor with TIPS or a TIPS member entity. Does the vendor agree to exclude any arbitration requirement in any contracts or agreement entered into between TIPS or a TIPS member entity through an awarded contract with TIPS? Agreement is a required condition to award of a contract resulting from this Solicitation. Agreed 102 Upload of Current W-9 Required Please note that you are required by TIPS to upload a current W-9 Internal Revenue Service (IRS) Tax Form for your entity. This form will be utilized by TIPS to properly identify your entity. Page 30 of 31 pages Vendor: Castro Roofing of Texas 210603 Page 31 of 31 pages Vendor: Castro Roofing of Texas 210603 REFERENCES ALL INFORMATION MUST BE TYPED AND FORM MUST BE UPLOADED IN EXCEL FORMAT. DO NOT HANDWRIT Please provide three (3) references, preferably from school districts or other governmental entities who have used your services within the last three years. Additional references may be required. DO NOT INCLUDE TIPS EMPLOYEES AS A REFERENCE. References are Required for PART 1 & Part 2. Please verify your references are current and valid, as they are a SIGNIFICANT required evaluation component of the PART 2 evaluation process, and the evaluation cannot be completed without You may provide more than three (3) references. Entity Name Contact Person VALID EMAIL IS REQUIRED Phone Texas A&M Terry Goen Terry.Goen@sscserv.com (903) 468-8759 Ft. Worth ISD Gil Griffin Gilbert.griffin@fwisd.org (817)871-3361 Keller ISD Jerry Leafgreen jerry.leakfgreen@kellerisd.net (817)4717050 City of Dallas Gus Aswad ghassan.aswad@dallascityhall.com (214)205-1682 Dallas ISD Dewayne Cox shancox@dallasisd.org (214)854-1548 Texas Woman's University Don Strickland DStrickland@twu.edu (940) 898-3156 CERTIFICATION BY CORPORATE OFFERER &203/(7(21/<IF OFFERER IS A CORPORATION, THE FOLLOWING CERTIFICATE SHOULD BE EXECUTED AND INCLUDED AS PART OF PROPOSAL FORM/PROPOSAL FORM. OFFERER: (Name of Corporation) certify that I am the Secretary of the Corporation I, 1DPHRI&RUSRUDWH6HFUHWDU\ named as OFFERER herein above; that (Name of person who completed proposal document) who signed the foregoing proposal on behalf of the corporation offerer is the authorized person that is acting as (Title/Position of person signing proposal/offer document within the corporation) of the said Corporation; that said proposal/offer was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. CORPORATE SEAL if available SIGNATURE DATE Castro Roofing of Texas Juan C. Rodriguez Rodolfo Rodriguez President 7-6-2021 7,36 5)3   5HTXLUHG&RQILGHQWLDO,QIRUPDWLRQ6WDWXV)RUP   1DPH RI FRPSDQ\   3ULQWHG1DPHDQG7LWOHRI DXWKRUL]HGFRPSDQ\RIILFHU declaring below the confidential status of material   $GGUHVV &LW\6WDWH =,3 3KRQH >>sEKZ^Dh^dKDW>dd,Ks^d/KE CONFIDENTIALINFORMATIONSUBMITTEDIN RESPONSE TO COMPETITIVEPROCUREMENTREQUESTS OF EDUCATION SERVICE CENTER REGION 8 AND TIPS (ESC8) IS GOVERNEDBY TEXAS GOVERNMENTCODE, CHAPTER552 If you considerany portionof yourproposalto beconfidentialinformationand notsubjectto public disclosurepursuantto Chapter552Texas Gov¶t Code or other law(s),\RX PXVW DWWDFK D FRS\ RI DOO FODLPHG FRQILGHQWLDO PDWHULDOV ZLWKLQ \RXU SURSRVDO DQG SXW WKLV &203/(7(' IRUP DV D FRYHU VKHHW WR VDLG PDWHULDOV WKHQ VFDQ QDPH ³&21),'(17,$/´DQG XSORDG ZLWK \RXU SURSRVDO VXEPLVVLRQ. (You must include all the confidential information in the submitted proposal. The copy uploaded is to indicate which material inyourproposal,if any,youdeemconfidentialintheeventthereceivesa PublicInformationRequest.)ESC8andTIPSwillfollowprocedures of controlling statute(s) regarding any claim of confidentiality and shall not be liable for any release of information required by law. Upon your claim and your defense to the Office of Texas Attorney General is required to make the final determination whether the information submitted by you and held by ESC8 and TIPS is confidential and exempt frompublic disclosure. >>sEKZ^Dh^dKDW>dKEK&d,dtKKWd/KE^>Kt͘   237,21 , '2&/$,0 SDUWV RI P\ SURSRVDOWR EHFRQILGHQWLDO DQG DO NOT GHVLUH WR H[SUHVVO\ ZDLYH a claim of confidentiality of all information contained within our response to the solicitation. The attached contains material from our proposal that I classify and deem confidential under Texas Gov't Code Sec.552 or other law(s) and I invoke my statutory rights to confidential treatment of the enclosed materials. IF CLAIMING PARTS OF YOUR PROPOSAL CONFIDENTIAL, YOU MUST ATTACH THE SHEETS TO THIS FORM AND LIST THE NUMBER OT TOTAL PAGES THAT ARE CONFIDENTIAL.  $77$&+('ARE COPIES OF PAGES OF CLAIMED CONFIDENTIAL MATERIAL FROM OUR PROPOSAL THAT WE DEEM TO BE NOT PUBLIC INFORMATION AND WILL DEFEND THAT CLAIM TO THE TEXAS ATTORNEY GENERAL IF REQUESTED WHEN A PUBLIC INFORMATION REQUEST IS MADE FOR OUR PROPOSAL.   Signature Date   -----------------------------------------------------------25 --------------------------------------------------- 237,21 , '2 127 &/$,0 DQ\RI P\SURSRVDO WR EH FRQILGHQWLDO FRPSOHWH WKH VHFWLRQ EHORZ ([SUHVV :DLYHU ,GHVLUHWRH[SUHVVO\ZDLYH any claim of confidentiality as to any and all information contained within our response to the competitive procurement process (e.g. RFP, CSP, Bid, RFQ, etc.) by completing thefollowingand submitting this sheet with our response to Education Service Center Region 8 and TIPS.   Signature Date   Confidentiality Claim Form rev 10012020RP &DVWUR 5RRILQJ RI 7H[DV 5RGROIR 5RGULJXH] 3UHVLGHQW 7;   'DWH     2OVRQ 'U'DOODV August 9th, 2021 Re: Castro Roofing of 7exas, LLC - Daltas, TX 1'o Whom It May Concern: � CDiVTRACT BONDING AGENCY Castro Roofing of Texas, LLC �as been a �alued cEient of tf�is agency and SureTec Insurance Company since 2042. SureTe[ Insura�te Company is a treasury-19sted sure#y with an A.M. Best Rating of A (Excelfent). Castro Roofing of Texas, LLC is and has always been in good standing with their surety. In the past, we have consideret� bonds for Castro Roofing around $15,000,000 for single projects with $3Q,OQ0,000 aggregate. Of this, approximately $17,500,000 is a�ailable. We would be pleased to entertain any reasanable request from Castro Raofing shauld the n�ed for bonds arise on your prajects. Any bond request must be made by Castro Roofing, and be accampanied by underwriting information as required by the Surety. Each request is evafuated by the 5urety based upon conditions and inforr�ation a�ailable at the time of the request, including but nat limited to a contract and bar�d forms acceptable to our client and their Surety, as well as satisfactory evidence of financing for private projects. Any arrangement far bonding is a matter between our tlient and their Surery, and PCL as5umes no liability to you or t�ird parties for any reaso� we da not execute 6onds. We have worked with Castro Roofing for many years and consider �h�m to be the premier raofing cantraCtor in Sexas. Rudy Rodriguez and his staff are capable, hanest and professional, and we are certain that you will ha�e a very enjoyable experienee working with them. Sincerely, � Erlc Lesch, President To verify this letter you may email bondrequest@�clbonds.com 1,452 Hughes Rd ■ Suite 229 ■ Grapevine, TX ■76051 ■ 972.459.4749■ bondrequest@pclband$.com MINORITY BUSINESS ENTERPRISE (MBE) CERTIFIED Take advantage of a myriad of financial incentives and protect your business from costly non-compliance penaltiesby workingwith a minority-ownedbusinessthat brings a new perspectiveto your enterprise. Finding the right certified MBE to fulfill your diversity spend can pose a challenge. Many minority-owned businesses lack the size, experience, capability or reach to support your objectives. As one of the largest minority-owned roofing companies in the United States, we have over 30 years of experience providing expert solutions for your nightmare roof leak, extending roof life, determining real storm damage to your facilities, designing and installing new roof system. Providing up-to-date data empowering you to make intelligent roofing decisions and ultimately reduce your stress and increase your joy. We call it Total Roof Health Solutions. We have the capacity to operate as a prime contractor or subcontractor under a prime who wants to increase diversity spending without compromising professionalism or experience. Our client list includes Fortune 500 companies, utilities, government contractors and insurance companies who require cost-competitive, high-value services from a financially stable, certified MBE that has the capacity to handle large accounts. WHY WORK WITH AN MBE? Increase profitability and promote fresh ideas by working with a certified MBE Benefits of Working with a Minority Business Enterprise Besides the economic benefits, there are several intangible benefits to working with an MBE. An MBE can offer more adaptability, flexibility and balance in comparison to non-MBE suppliers. MBE suppliers can offer cost saving strategies due to diversity spend requirements and taking advantage of numerous federal and state tax incentives, tax breaks and potential rebates. Partnering with an MBE can also strengthen your brand recognition, community outreach, company culture and marketing efforts. Large and small corporations are seeking minority owned businesses due to policies that require the company to meet their supplier diversity goals. The benefits are only growing over time and meeting your diversity spend as a corporation cannot only help your business but allow you to expand into the government’s state and or federal realm as well. By meeting compliance requirements and utilizing a MBE, companies can expand their revenue by acquiring larger purchase opportunities that mandate a specific amount of spend through an MBE. The domestic growth opportunities indeed increase as well due to the strength of each supplier. BUSINESS INCENTIVES S UPPORT A T HRIVING E CONOMY P ROMOTE I NNOVATION REASONS TO INCREASE YOUR DIVERSITY SPEND Partnering with an MBE increases the opportunity to expand your business and open your client base to a larger demographic. Support the success of an array of businesses by encouraging growth and competition from emerging organizations throughout multiple industries. Top ideas come from fresh thinking—grant more significant opportunity to businesses with new perspectives. 800.759.1879 www.CastroRoofing.com Info@CastroRoofing.com C ASTRO R OOFING MBE CERTIFICATIONS Statewide HUB Historically Underutilized Business Certificate/VID Number: 1752365883300 Expiration Date: 04-17-2023 NCTRCA North Central Regional Certification Agency Certificate/VID Number: HMMB60382N0621 Expiration Date: 06-30-2021 NMSDC National Minority Supplier Development Council Certificate/VID Number: DL02432 Expiration Date: 09-30-2021 D/FWMSDC Dallas/Fort Worth Minority Supplier Development Council Certificate/VID Number: DL02432 Expiration Date: 09-30-2021 800.759.1879 www.CastroRoofing.com Info@CastroRoofing.com _ � _ �LENN HEGAR TE�AS COMPTROLVER OP PU'BLIC ACCOUNTS The Texas Comptraller of Pu�lic Accaunts (CPAJ administers the 5tatewide HistoricalEy Underu#ilized 8usiness (FiUBJ Pragram for the State vf 7exas, which in�iudes certifying minarity, wvman, and service disabled �eteran-owned businesses as HUBs and faciiitates ihe use of HUBs in siate procurement and pro�ides them with informatian on the state's procurement pro�ess. We are pleased to infarm you that your application for certifi�ationlre-certifcatiar� as a HEJB has been appraved. Your company's profile is Eisted in the Sfate of Texas FiUB Directary and may be �iewed Qnline at https:llmycpa.cpa.state.tx.usltpasscmt�ksearchlindex.jsp. Provided that your company continues t❑ rneet HLJB eligibility requirements, the attached FiUB certificate is �alid far fhe time period specified. You must notify the HU8 Program in writing of any �hanges afFe�ting yaur oompany's compliance with the HLJR efigibifity requirements, including changes in ownership, day-ta-day management, contral andlor principal prace af business. Note: Rny charrges made ta your compar�y's informatran may require the N�JB Progra�n to re-e�aluate your compar+y's efrgibrfrty. Please �isit ❑ur wetasite at http:llGomptroller.texas.ga�lprocurementlproglhut�l and reference aur publications [i.e. Grow Your Business pam�hlet, HUB Brochure and Vendvr Guide} praviding additian infvrmation an state procurement resaurces that can increase your company's chances of doing business with the state. Tnank you for your participation in tt�e HU� Program� if yau r�a�e any questions, you may contact a HUB Program representaii�e at 512-453-5872 ortall-free in 7'exas at 1-888-863-5881. Texas MistoriGally Lfnderutilized Business �MUB� C�rtificat� GertificateNlD Number: 7752355883300 H � � Fi1slVendor Number �68348 Approva! 6ate: 17-AI'R-2Q19 5�heduled Expirativn Date: 17-AAR-26F3 Statewlde His�orlcally Underutilieed Business Program The Texas Comptroller af Public Ac�au�ts {CPA}, hereby certifies that GASTR� RC]�FINC DF TEXAS, L.L.C. has successfufly met the estahlished requirements of #he 5tate of Texas Historically Llndenatilized Business jHUB} Pragram ta be recagnized as a HU6. This certlficate printed 19-APF2-2419, su�ersedes any registration and oertificate pre�iQusly issued by the FiL18 Pragram. If there are any Ghanges regarding the infarmation {i.e., business structure, awnership, day-to-day management, ❑perational cor�trol, business location) pro�ided in the subrrtission of the business' application for registrationlcertificatian as a HUB, you must Immediateiy {within 30 days af such changes} natify ihe HU6 Program in writing. The CPA resen+es the right to condu�t a�omplian�e review at any time to �Qnfirm HUB eligibiliiy. HU8 ceRification may be suspended or revoked upon findings of ineligit�ility. ��_�`.. ,�.as.t ttJ Laura Cagle-H+'najosa, 5tatewide N�6 Prvgram Mar+ager Stateµ�ide 5upport 5ervices divisiarr Note� In arcler for State agencies and institutions af higher educatian (universities} to �e credited for utilizing this husiness as a HL1B. they must award paymeret under the CertificaielVlQ Numher identified a6o�e. Agencies, uni�ersities and prime cantractors are encauraged to �eriFy fhe company's HLJB ❑er[ifcatifln prior to issuing a notioe of award Gy aacess�ng the Internet (https:llmycpa.cpa.state.tx.us�tpasscmhlsearch�index.jsp} or hy cantaoting fhe HIfB Pragram a! 512-463�8T2 or toll-free in Texas at 7�888-863-5881. Re�•.nr.�ic I CT : ��4 Minority Business Enterprise (MBE) Castro Roofing of Texas, LLC Castro Roofing of Texas, LLC has filed with the Agency an Affidavit as defined by NCTRCA Minority Business Enterprise (MBE) Policies & Procedures and is hereby certified to provide service(s) in the following areas: NAICS 23816Q: ROOFING CONTRACTORS This Certification commences June 26, 2019 and supersedes any registration or listing previously issued. This certification must be updated every two years by submission of an Annual Update Affidavit. At any time there is a change in ownership, control of the firm or operation, notification must be made immediately to the North Central Texas Regional Certification Agency for eligibility evaluation. Certification Expiration: June 34, 2021 �e+�s ���f�Q � Issued Date: June 26, 2019 n`�"fllCP ' � CERTIFICATION NO. HMMB60382N0621 �, �' ,-'" ;rp i ' .., a� ��afiori �t � ��-�+in� ��-l� Certification Administrator S � r�� `i]allas/Fo�t WortF� Ml�i�ai ��v 5��y�il�i.� Il�.v�.l.i��.r�..r�� I:a��i..� if. �i.� . h,l.. �firvi�rl��� . ir �. �i. it.- ir� ��.�. lrii� i..i.•:1�� Dc�llc�sl�o�t G�ortlz Minori�y �upplie� Develnprr�ent Coun�il, In�. S�E �'ER TIFI�'A �'1�11T This certi ficrrte crckno��l�.rrlges tltat tlre I7�cltcis/Fnrt Wnrth Mi�or�fy .�'u�plier J�rrs cn�tiplcrterl rlue rlili�ence rr�rrl rleter�rir7erl Castr�o Raa�n� o f Texcrs, LL C Hrxs mc.�t th�.� criterin r�f rr .sfttr�ll husitre�c.� canc:�.jr�� r�s defirred �ursurrrrt tn se�ctinn 3 r�f thc.� SNrrall 13usiness Act anrl,Snra7113usir�ess Aclmirristr�rtian re�ulrrtiarrs implemerrtirrg it {13 CF�2 p�rrt 121 j that alsa doe� nat exceerl t�i� cu� on avera��.• u�znuul �ro�� receipts s��.rci�erl in �{9 CFR Prrrt 2fi. fi �(L}. Commodity Descriptivn: �'ommercial Roofing �nd Related Sheet Me�al Gvntr�ctor. NAICS Codes: �3SIC0 Expir�tion D�tel Certific�tion #: �913U12D� 1 1 DL0�432 � � �� �� .11ri�'�c�,I. 1'a.s��t', I�l't'.FfC�['1'11 THIS CERTIFI�S THAT Castra Roofing of Texas, LLC � � � � NMS�C Ndtiona[ Minori[y $uppli@r ❑erelvpment Counti! ' r�ationa��y ce�t�fed ey the; DAI.LASJF�RT W�RTH MIN�RITY SUPPL�IER DEVEL�PMENT C�UNC I�. *NAICS Code�sy: 238166 ' Description af [heir prflducG'services as defined hy the North American Industry Classification System (NAICS} osi� ai�o�a Issued E]ate 0913f}12021 Expiretion Qa;e ❑ �a�a32 Certificate Number �-N=i-� 4:.:�A�� � ,� Adrienne Trimble � � Margv J. Pasey, President 8y using your password (NMS�C issued oniy}, authorized users may iog into NM50C Cenaa[ ta �iew the entire proti€e: �:iG� n„°,:1� .�: <i; _ �:�.. �.-._ _ -.i.-,:: , . .-.... .......� ..� . ` MBEs certified by an AFfiliate af the Nationa! Minority 5upplier De�elo�ment Council, Inc� ` � Benefits of Working with a Minority Business Enterprise Apart from advancing your client base into the government sector, due to themanystringent requirements that are put in place to become a certified MBE, you can rest assured that the company you are working with has extensive value and experience. The value an MBE can give is crucial for a company’s culture as well. Diversity is high in value; partnering with an MBE, shows that your business supports the broadening of minority communities. MBE’s are well-connected in local businesses and can bring more opportunities through various networking events. Certified MBE’s receive access to training programs that can enhance an employee’s skills and workshops and mentorship programs that provide strategies for selling to large corporations. 800.759.1879 www.CastroRoofing.com Info@CastroRoofing.com Texas Small Business Association Programs The Texas Small Business Association offers certifications to women, veterans, minority-owned businesses, and small businesses. These SBA-approved certifications can help businesses find greater opportunities for government and public contracting through the state. •MBE (Minority Business Enterprise) •WBE (Woman Business Enterprise) •SBE (Small Business Enterprise) •VBE (Veteran Business Enterprise) Why Businesses Work with M/WBEs? The first reason has to do with the bottom line -you can gain substantial tax savings.On the federal level, companies can get tax breaks for using minority and women-owned businesses in procuring materials and supplies. There’s also a federal tax incentive that reduces tax liabilities for companies using minorities that supply labor or services to a project funded with federal or state grants or loans. On the state level, some states also offer additional tax breaks of their own. Another reason is more philosophical. Companies may simply want to pursue diversity among their supplier and customer network. Depending on a business’s objectives, seeking out M/WBEs to partner with can help reinforcetheir mission and values. MBE is a company level ownership/diversity certification. MBE certifications are usually issued by the federal, state or local government. Eligibility for certification as a Minority Business Enterprise varies depending on the issuer but generally requires that a company be owned and operated by a member of a minority group such as African American, Native American, Asian or Hispanic American. MBE certification is non-industry specific. What is an MBE Certified Company?       #  " "##$"!             &-)     $ "  $$           "   ***********************'    "       ***************    "   $"   *****$ +, " '    " ! ! *** $ "  $%   "%   !   %   $    $      $  "'  "  $!   $   %% %  %  %!  % % % %   $ $    ' $        $  $ ' $      ""  $ "       "  ! '      #"  %#         %     "   ! $ "  $' "  $)    $"+,'  "  $!   " $ !   '   ! "  $       '  %   "          ' "!% !  # "              $   %   !      ('                      delivering peace of mind 4854 Olson Dr . Dallas, TX 75227 • 800.897.6543 • www.CastroRoofing.com • Info@CastroRoofing.com Client: City of Dallas Challenge: The existing coal tar roof had asbestos-containing materials (ACM) requiring more stringent requirements than NESHAP regulations. The building's exterior needed to be clean and waterproof while maintaining the City of Dallas water draining requirements. The BUR and Foam roof with multiple levels and sheet metal were all specified to be removed and replaced during the cloak of darkness. The work had to be done at night due to the high profile of the building and citizen use. Interior access was not permitted, and access to the roof had to be done through the building's exterior. If all this was not enough, we met Mayor Ron Kirk in the elevator, and he was very concerned with the reputation of the City of Dallas and didn't want the news reporting on problems related to the roofing project. Solution: The asbestos was subcontracted and all work was scheduled to be done at night with special lights to maintained safety and quality. The cranes and equipment were moved from the site each morning to avoid normal building operations. Results: The Fire Chief, two floors of attorneys and the city mayor, did not have a single complaint and the news media didn’t report a single negative on a project that took five months to complete. Award Winner ABC Outstanding Contraction and Project NTRCA Gold Hammer Contract:$997,127 Sq. Ft. 100,000 “I want you to keep me and you out of the news.” Ron Kirk, Dallas Mayor Our promise to you We Promise to permanently stop your nightmare roof leaks, extend the life of your existing roofs, determine real storm damage to your facilities, empower you to make smart roofing decisions, and ultimately to reduce your stress and increase your happiness. We call it Total RoofHealth Solutions. Highest profile building in Dallas, Texas Opened in 1978, the present Dallas City Hall is situated on an 11.8-acre site near downtown Dallas. The overall square footage is approximately one million, including over 374,000 square feet of usable office space. It had few floor-to-ceiling walls at its opening, using five, six, and seven- foot high partitions instead to create separate offices. The absence of walls allowed employees and visitors to have window views from all areas. We installed a new coal-tar gravel built-up roof system including a newly designed tapered insulation system, custom stainless steel sheet metal flashing, installed fully adhered PVC single-ply roof system, modification to existing foam roof areas at clear story areas to terminate new PVC single-ply roof system, repaired existing foam roofs and applied a new urethane coating system. Installed protective walkway pads with a second layer of concrete pavers and new roof drains, drain lines and overflows. Install new backer rod and sealants with fall protection railing at skylights. The entire exterior of the building was cleaned and waterproof to improve the appearance and waterproofing. Raving Fans "I want to take this opportunity to acknowledge and commend you and your staff for your dedication to customer satisfaction, quality workmanship and your commitment to service on City of Dallas' roofing projects. Your most recently completed re-roof project was on our Dallas City Hall. The job was quite complex and challenging, but through all the complexities it was completed with very few problems. Throughout the past fifteen years Castro Roofing of Texas, Inc., has completed numerous projects for the City of Dallas and because of that track record, you have developed a very good contractor/customer client relationship. We look forward to continued success on City of Dallas projects in the future. Keep up the good work! David Walker, City of Dallas Department of Equipment and Building Services Client Success Story #93 Dallas City Hall delivering peace of mind 4854 Olson Dr . Dallas, TX 75227 • 800.897.6543 • www.CastroRoofing.com • Info@CastroRoofing.com Client: McCarthy Building Challenge: The roofing project had many unique characteristics associated with ethical looks and sound control. The acoustical requirements were very stringent, and the installation of these items had to be extremely precise. Solution: The Longest Kalzip® Panels in North America. Because of this, the length of the panels presented logistical and hoisting challenges. Some of the lengths were 75 feet, 90 feet, and 146 feet, but the longest and hardest to handle were the 306-foot panels. For the first three lengths, a custom-built hoist was used to raise the panels to the roof surface without any damage to the light-gauge metal. However, the longest panels had to be manually lifted by twenty men on the roof and twenty men on the ground. Also, the metal panel field fabrication required a significant amount of space. For the longest panels, which measured 306 feet, an adjacent busy road had to be shut down to allow for the necessary space for the panels’ fabrication. After that, the twenty-member team on the ground was evenly positioned to move the panels next to the building safely and placed the panel on the roof hoist. Finally, many roof assembly components came from Europe, thereby necessitating careful ordering and tracking of these components. Results: Beautiful continues metal panels without seams. Award Winner NRCA Gold Circle Award & Safety Innovation and NTRCA Gold Hammer Contract:$1,327,050 Sq. Ft. 360,000 Longest Kalzip Metal Panel in North America! Our promise to you We Promise to permanently stop your nightmare roof leaks, extend the life of your existing roofs, determine real storm damage to your facilities, empower you to make smart roofing decisions, and ultimately to reduce your stress and increase your happiness. We call it Total RoofHealth Solutions. The he length of the panels presented logistical and hoisting challenges with he longest panel being 306 foot. City Performance Hall opened its doors September 2012 to serve as a multi-disciplinary gateway to the Arts District, presenting a broad range of cultural performances and events by a growing group of small and midsize cultural organizations representing all artistic disciplines and the diverse heritages of the Dallas community. This lyrical and elegant addition to the Dallas Arts District promises to be a unique and delightful “village for the arts” for Dallas audiences. The newly completed includes a state of the art, 750-seat, multi-purpose theater specifically designed to accommodate a wide variety of performance needs. Dallas City Performance Hall is the place to discover our next generation of great arts organizations and be captivated by the energetic and multifaceted creative spirit of Dallas artists! The standing metal roof assembly consisted of ten different layers of materials for acoustical control. From infilling the metal deck with “rockwool” that was cut from stock material to fit precisely between the deck-flutes, all the way to the self-adhering acoustical anti-drumming membrane, which was hand-applied to the underside of the panels, the roof assembly was a very complicated procedure. A detailed sample of the roof assembly, from the metal deck up, was sent to a laboratory for acoustical testing and final approval. The aesthetic considerations were of the utmost importance due to the building’s unique position in the downtown Dallas area. Raving Fans "The Dallas City Performance Hall is a very unique building which will provide the City of Dallas a beautiful venue to explore the Arts. One of the unique characteristics of this building was its roofing component. Due to the nature of the building, acoustics were major challenge in the design of the roof. The roof consisted of many layers of acoustic material capped off with Kalzip panels that exceeded single lengths at minimum of 125 feet and some up to 320 feet. Castro's field operations exceeded the owners and McCarthy's expectations. After various coordination meetings, the field supervision from Castro implemented this difficult roof with high quality performance and attention to detail.” Wesley J. Moncrief, Project Manager, McCarthy Building Companies Client Success Story #469 Dallas Performance Hall QUALITY CONTROL PLAN “We consistently deliver superior craftsmanship” Quality: A Core Value www.CastroRoofing.com Delivering Peace of Mind 2 | Page QUALITY CONTROL PHILOSOPHY The following items comprise our Construction Quality Control Plan (CQC) as instituted by our company. 1. All work will be performed in accordance with contract requirements. Castro Roofing will maintain an inspection system that assures compliance with all contract requirements. Any indication of system deficiencies, whether discovered as a result of the Owner’s or Castro Roofing’s checks and tests, will result in modifications to the system to correct the cited deficiencies. 2. This CQC Plan will not repeat or summarize contract requirements. Instead, it will describe the process by which Castro Roofing will assure compliance with those requirements. The CQC Plan documents the broad categories of contract work normally found in a construction project. Necessary details dealing with minor items that may be overlooked in this plan will be addressed formally or informally between Castro Roofing’s primary and alternate quality personnel and the Owner’s quality or project manager(s). Documentation of all meetings, clarifications, issues and discrepancies will be accomplished as required by the contract or requested by the Owner. It is understood that the level of QC accountability and control exercised by Castro Roofing on these broad items of contract scope will be consistent with the content of this CQC Plan. 3. Our assigned project General Superintendent will have overall responsibility for the successful completion of the project work. We will assign a General Superintendent with similar experience and responsibilities on projects of similar size and/or scope. 4. The assigned project foreman will serve as the alternate CQC representative for Castro Roofing when the project General Superintendent is not available. The Foreman will report directly to the project General Superintendent. The project General Superintendent reports directly to Castro Roofing’s Chief Operating Officer in his quality control role. The assigned Foreman will have at least three (3) years of experience in that position and will periodically receive company CQC Plan refresher training. The Foreman will be responsible for overseeing the day-to-day construction operations from a QC standpoint. The Foreman will assure that all required tests and documentation are completed and that the results are furnished to the Owner or his representative in the timeframe required. The General Superintendent and Foreman are both empowered to suspend any operations they deem to be in noncompliance with the contract and take or order whatever corrective action measures are required to assure compliance. The assignee Foreman will complete the Contractor’s Inspector Roofing Checklist and Test Report daily (Daily Report) and make the appropriate distribution. 5. If the number of operations or their dispersion around the project begins to overwhelm the assigned QC staff, Castro Roofing will assign other supervisory personnel with the specific responsibility for given operations. If this occurs, notification to the Owner or representative will be made in advance so all coordination activities can occur. Notification will consist of the names, experience and qualifications of that additional personnel assuming CQC Plan responsibilities. Castro Roofing has an experienced and highly professional staff that is used to the responsibility entailed by the quality control requirements. Therefore, we do not anticipate any personnel or training problems in complying with them. If any such problems occur, Castro Roofing will take necessary actions through a Corrective Action Proposal (CAP) process to correct them. This may include retraining, providing more supervision and, certainly, the removal of poorly performing personnel. www.CastroRoofing.com Delivering Peace of Mind 3 | P a g e CQC PLAN ELEMENTS ORGANIZATION STRUCTURE Castro Roofing uses a combined staff approach to the implementation of our quality control system. Quality, just like marketing, client relations, etc., is everyone’s job and part of all job descriptions. It is not something added on; it’s built-in. Therefore, we refrain from pitting one function of the company against another because we are all on the same team with the same company culture. Due to the importance, we place on quality performance, one being the high return on investment for both the client and us, the quality “chain of command” goes right to the top of our operations arm, our COO. Any quality issue that occurs on a job gets briefed to him as soon as possible. The standard operating procedure is to allow the incumbent QC staff to work their issues, but when resolution is not occurring soon enough or to the client’s satisfaction, our senior management will immediately step in to apply quality management tools to affect permanent fixes by addressing quality causal factors rather than working on symptoms. Our quality control system is staffed according to the attached organization chart. Quality Control System responsibilities are indicated in “grey.” TESTING If required by the contract, testing will be conducted, and samples may be furnished to the Owner per contract requirements. Test samples will be furnished to the Owner via the submittal process. INTERNAL QUALITY PROCEDURES MEETINGS: Meetings to discuss quality issues will be held as required and may be called by either Castro Roofing or the Owner. However, certain specified meetings will be held if they are contract requirements. Before the start of construction, a “coordination meeting” will be held to discuss and determine the suitability of Castro Roofing’s Construction Quality Control System and its implementing plan. Changes directed by the Owner or determined by Castro Roofing to be necessary will be furnished to the Owner by the submittal process. During the coordination meeting, Castro Roofing and the Owner will determine what efforts within the scope of work can be grouped to become a definable feature of work. Once these features of work are defined, then schedules for meetings at the beginning of each preparatory, initial and follow-up phase can be determined so proper notifications can be delivered. Preparatory Meeting: These meetings are held prior to a working feature or segment beginning and are conducted to assure there is a mutual understanding of each applicable paragraph of the specification, required drawings are available, reference codes and standards have been reviewed, proper materials are on hand in the correct quantities, equipment is in safe working order, required submittals have been forwarded, and pending inspections and testing during the initial and follow-up phases are understood. All pertinent Requests for Information (RFIs) will also be discussed. A review of safety requirements for the particular segment of work will be reviewed, and any onsite training required will be conducted. Finally, all previously resolved quality control issues will be reviewed in order to keep definitive corrective actions at the forefront of each person’s mind. Castro Roofing will notify the Owner Representative 24 hours in advance of the first and each succeeding Preparatory Meeting time. These meetings will be documented using a Preparatory Phase Checklist for that work segment. These meeting notes will be kept in the job site CQC notebook. One copy will also be sent to Castro Roofing’s home office for placement in the contract job file. A second copy will be sent to the Owner attached to the daily CQC Report. Initial Phase Meeting: This meeting will be accomplished at the beginning of a definable feature or segment of work. This meeting will take place before more than 10% of that definable feature has been completed. Castro Roofing and the client will conduct this “inspection” to www.CastroRoofing.com Delivering Peace of Mind 4 | P a g e sample and review the process for that particular work segment to assure it is in full compliance with contract requirements, that adequate controls are in place for testing and further inspections, and to monitor the level of workmanship to assure it meets minimum work standards. If there are differences in opinion, they will be resolved prior to the resumption of work activity on that work feature. An ongoing review of safety practices will also be accomplished during this time. These meetings will be documented using an Initial Phase Checklist for that work segment. These meeting notes will be kept in the job site CQC notebook. One copy will also be sent to Castro Roofing’s home office for placement in the contract job file. A second copy will be sent to the Owner attached to the daily CQC Report as an FIO submittal. Follow-up Meeting: These continuations of the Initial Phase Meeting are conducted daily throughout the life of a work feature or segment to assure continued levels of workmanship and quality and accomplishment of required testing. The approved representative sample in the Initial Phase Meeting becomes the basis for all follow-up efforts during a particular work segment. All inspections and reviews during the work segment will be evaluated against the representative sample. Deficiencies noted during this phase will be corrected to the client’s satisfaction before work begins on the next work segment. Deficiencies will be corrected using Castro Roofing’s CORRECTIVE ACTION PROPOSAL process, which is documented below. The documentation for this phase is satisfied by the submittal of the daily CQC Report as an FIO submittal. Additional Meetings: Additional CQC meetings will be held at the discretion of the client if chronic quality problems occur. If changes in CQC onsite staff or significant workforce changes occur, or if other problems occur which affect the quality output of Castro Roofing will notify the client sufficiently in advance of those changes and request a CQC meeting. SPECIFIC INSPECTION AND WORK PROCEDURES: General Requirements: Insulation and roofing materials will typically be installed as a continuous assembly per section of work area—not phased. All completed sections will be waterproofed at the end of the workday. The Foreman will check the work area at the beginning of each workday to ensure no visible ice, frost or moisture is present in the expected work area. Completed portions of the roofing system will be protected from damage after installation. No material storage, walking, wheeling of equipment, or trucking directly on the insulation or roofed surfaces will be allowed. Where access is required, smooth, clean board or plank walkways, runways or platforms will be used to distribute weight on the re-roofed surface. Flame heated kettles will be placed on the ground in an area designated by the Owner representative. The CQC manager or his assistant will continually monitor the workforce for consistent, high-quality performance during a phase of demolition, installation, clean-up, mobilization and demobilization. Material Receiving Inspection—Material, products and equipment delivered to the project site shall be subject to inspection by the CQC Manager for conformance with the contract and submittals before incorporation into the work. Items found not to conform to contractual requirements shall be identified, tagged as deficient by the CQC Manager and separated from acceptable materials and equipment. A quality Deficiency Report will be issued on these items. These items will be held until a manufacturer’s representative has inspected the item in question and determined the corrective actions necessary to validate the product warranty or restore the product to like-new condition, subject to the approval of the client. Hazardous material will be handled and monitored according to its applicable Materials Safety Data Sheet (MSDS). Material received at the worksite will be checked to see it complies with: ƒ FMP7825-material certification and label compliance ƒ Mechanical Fasteners—type, number, length as recommended by the manufacturer. www.CastroRoofing.com Delivering Peace of Mind 5 | P a g e ƒ Wood Nailers—treated with water-borne preservative and dimensioned according to application ƒ Cants—made from perlite or treated fiberboard and dimensioned to specification ƒ Roofing Materials for membrane, bitumen or built-up—Specification sheets from the contract will be used to verify these materials ƒ Primer, Asphalts, Cements, Sealants and Adhesives—All such materials used shall conform to ASTM standards or be an approved type recommended by the manufacturer ƒ Sheet Metal—Inspected for shipping damage and dampness and wet storage stains. ƒ Sheet Metal Screws and Other Fasteners—Hardened sheet metal screws shall be 400 Series stainless steel with exposed fasteners to toggle screws being 300 Series stainless steel. Any exposed pop rivets will be 300 Series stainless steel. Roof Insulation—Daily checks of storage facilities will be made to ensure the insulation is dry. If insulation is wet for any reason, it will be permanently removed from the worksite. The insulation documentation will be checked after delivery of each load to make sure it conforms to contract specifications. Insulation fasteners, stress plates and wood nailers will also conform to contract specifications. The CQC manager or assistant will check these items prior to their being used to secure the insulation to the roofing deck. The CQC manager or assistant will also make an inspection of the roofing deck to determine if it is in a suitable condition to accept the insulation. If it is not, then repairs will be coordinated with the Owner or his representative. Once it is determined the roofing deck is in an acceptable state of repair, it will be prepped as outlined in the applicable part of the roofing insulation specification, and then the insulation will be laid per contract requirements. ALL INSULATION LAID IN A WORKDAY WILL BE COVERED WITH ROOFING MATERIAL THAT SAME DAY. Roofing Membrane—At the end of the workday, the completed portions of the roof will be protected from weather and wind by sealing the terminated edge according to the applicable paragraph in the specification. Roofing Sheet Metal—Materials shall be of thicknesses and configurations established in SMACNA- 02 unless otherwise specified. Roof penetrations, copings and counter flashings shall be made from 300 Series stainless steel and dimension as required by the specification. The manufacture and installation of all expansion joints, connections, rivets, seams, cleats, flashing and counterflashing shall be accomplished in the sheet metal specification. Installation Inspection—During and after installation, the CQC manager or his assistant will check roofing assemblies in each work area for each work segment for:   Correct fastener use, spacing and penetration;   Proper joint orientation and width;   Proper installation of cutoffs and jointing of work between days;   Continuous check on the appropriate use of correct materials;   Adequate use of and condition of equipment before use that day;   Proper installation of flashing, cants and curbs   Proper installation of roof areas and walkways   Proper placement, starter sheet widths, overlap   Correct use of acceptable installation methods and techniques CQC CORRECTIVE ACTION PROPOSAL (CAP) When necessary, Castro Roofing will issue a Deficiency Notice and identify it as either product/material or workmanship/process when materials or workmanship is found to not be in conformance with the contract. A Deficiency Report may also be generated for safety or environmental infractions. The CQC Manager or his Assistant has the authority to issue a deficiency report for Castro Roofing. Blank copies www.CastroRoofing.com Delivering Peace of Mind 6 | P a g e of our Deficiency report will be provided to the Owner for their use if so desired. All deficiency notices will be maintained in a job site log. This log will also be maintained electronically at the home office. Deficiency Notices generated each day will be attached to the Daily Report and distribution made accordingly. Once received, the CQC System Manager will meet with the onsite CQC Manager and/or his assistant to review the scope and significance of the deficiency and propose corrective action back to the Owner. Castro Roofing may elect to correct the deficiency at its own risk before buy-off and approval of the corrective action is received from the Owner. This action will be so indicated in the proper spot on the CAP. However, no action will be taken if Castro Roofing will cover up the defect so as to impede the ability of the Owner to verify corrective action. CQC PLAN DOCUMENTATION AND FORMS Castro Roofing will maintain current records of quality control operations on the project. These records will be maintained for both our subcontractors and ourselves. CQC documentation and forms shall consist of the following forms:   Quality Deficiency Notice (internal and subcontractor)   Corrective Action Proposal (internal and subcontractor)   Deficiency Notice Log (with symbols noting Castro Roofing or subcontractor notice)   Notification of Testing   Testing Log   Preparatory Inspection Checklist   Initial Inspection Checklist   Contractor’s Daily Report Roofing Checklist and Testing �+-- �. ; r-rr.---�- � , . � � ,-- � � � tbe source for the roofing industry • • ;; .:� ; t � ���� ��L ���. ��� .�' � �� x ,�, � ■ZJ ! s"�` - t. 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JULY 2015 VOLUME 45 [SSLIE 7 FEATURES 22 Sa�ety: A care �alue Castro RvoFing shares its suaregies far impro�ing workplace safery. by Rudy Rodriguez 2$ Connecting the DDT's rules Be sure your eosnpany complies with re�'ssed Departrnent ofTransportation rules. by Harry Diefz 32 Re�olutianary roafing James R, Walls reno�ates i�e iibrary at the National 5o�iery �aughters of �he American Revolutiar�� in Washington, D.C. by Chrystine Elle Honus 3f� Prefe�ring to be pa�d Protect ynur cornpany from customers who lay daim to atready rendered payrnents a�ter enteting �aankruptcy. �y Philip 5iegeE 4� T�e truth about poaching Trust is paramvunt to retaining Lacino empioyees. by Ricardo Ganzblez � ►� � .�----� r.-- A m � ¢ � 0 rn a C� � o �G C Iy^ � V O j C 0 �a � �� O •� � 'v �+ � p 1, �' O YC � Z � � � � � a ,ol _. ❑ � E � � � m N C' O �. � � �� � �� �� � _��_.___�-: � JtJLY 2D15 PRQFfSSI�NAL ROOFING � � � � � i � � i i . i • .., , --- _ � � . — - . - --- �''�� x, � ,�,� , Castro Roofing shares it5 methods for creating a safe wvrk en�iranment hy Rudy Rodrsguez s commercial (inw-slope} rno6ng co wirhin wha� rhe Bureau of I..abvr St Fourth mas� dangerous occupation 6ased �ics. A� Castro Ftoofing, Dallas, we recog emphasize safety always wiil 6e at the to� pany's ageada. We ha�e de�claped a saFery cWture sh; ating tltroughaut our �ompany and keep insurance premiums at record lows. We c believe safety measures make us any �ess : Qr negari�ely afFecr our 6onam line. In f we'�e obser�ed de�eloping a scrong safery cul�ure has had the greaces� positive efFec on acciden� reduction and project managemenc, and it uitimately savcd our company more than a quarrer- million dallars during the past year. Safery is a prioriry far us, and the mvneiary sa�i�tgs are , an addi�ioaal benefir. �r The following are some r' successful safery measures '�' �t . , we s�ra�egicaliy haVe �' ' • [ J implemented o�er the f'�`��' � : _, �tir years that may help �; r your cnmpany became �� �" .' ' a saFer warkplace For �,: _. ' . ` your employees. . �- `r �� www.proFessionoiroo�ing.net JllLY 2015 .,': � . .�� If� N-�� �� .-_--� '� _ � _ ! � .� e __ _� -- � �,�,� � � C� � `V s C �� � ; ■ I .��� ' � 5incc 1990, Cascro Raafitig has been 6uild'sng a history o�avoiding accidents, Fatalities and poten- tiaJly detrimental situativns. Althaugh no safety program can be perfecr, our proacti�iry in our safery rneasures has paid ofF in [he fQrm af experience modiFication rates (EMRs} that lower our workers' compensation premiums, For �ompanies that genera�e qualifying premium le�els (rhe le�eis �ary state co sta�e, ', rypicaiIy $5,�Q0 to $15,000), an EMR is a good indirator af a conrractor's claim �� � hisrory and can signiiscandy affecr a�usiness's annual workers' campensation � premiun�s. These rates can be lawer or higher depending on a business's claim � experience in any applicab�e chree-year period. Keeping saFery as yau� �'irst pri- y� j'� oriry terrainly �an effe�t a lawer �MR i2i rhe U.S.� Faur�}i mast haxardous '� - I � proFession. `L 'T'4.e .-.la.l,..�.. ..F��.,y f3I15� injuries and Fa�ali�ies accoutits for the raoF •sh history wit� insuranre �omPanies. In 2�fl8> rhaugh a whole experienced some dire numbers, Casrry Roof- ed a low EMIt, spardcing tlse idea chac insticu�ing more zeasures cduld heip us keep a lower EMR. Wc set aut Iiowing initial three-step plan to reduce accidents and � .[� � ��,� �I * � � ,� 4 � ■ �I � � a a,. � . �� J..� �� Plan in ad�ance and for any special safery issues. 2_ f'ravide rhe necessary eq�ipment and job mals. 3. Train e�eryone For workplaee saFery and haw ta use equipment safely. The OecuparionalSaFecy and Healrh Administra- � tion's [OSHAsj most com�rehe�isive data from 2013 easily could deFlare rhe con�sdence of any ,"'� roofing professional racpecting lower industry �� r� insurance premiums, bur it emphasizes �• business owners' responsi�iliry ta take �'�•, awnership for doing e�erything they �� can to maintain safe w�rkplaces. In 2U23, there were $28 construction i ,�•s, industry fatalities of which Sd � - Fatalities were reparted frorn :, roafing companies. Falls .a, `��' were rhe leading cause � 'y� of cvnstruGtion and � �� roo� ng deaths, sa we • brainscormed several * �► _��.�` medtods to comhat `�}'� til�se sta[istpCs. � � n One methad '�'+ � inciuded devel- •— oping a work- �::;; ��! �,'li' site cu�ture of ���~ I' i ���.' _,s safery from the � '�,�� �op dowti. ]IJLY 2015 PRaFE55iQNQL RaOFING �ur safery rulture starts at rhe �op oFour organiurianal �har� where an Fxecuti�e 5afety Corr�mirtee cornposed oF aur campany's owtier and CEO, human resources depart- ment, FuII-tirne saFery manager, sateiry cansulrant and insurance hraker wark cogerher ro keep o�r saFcry plan sc:ala6Ie, reler�an� and 6ener than 05HA's minimurn requirements. The Eacecuri�e SaFery Camrni�tee e�aluates all prnjects ta deeermine any distinc� project's specifc needs and re- quirements w�en est':mating a job. The saFery mar�ager reports directly to rhe C$�, adding a high ]e�el oFae- Cauntabiliry d�a� rrickles down rhrguglzout the on-site produc�ion tearns. The on-si�e praducrian and ser�i�e �ea�ns aee required m atrend monthly safery ineecin�s and �rainir�g address- ing com�anywide 6es�-saFery practices in addirion �o 05HA regulatioos. As a small business, we alsa have rhe oPgarnxniry to involve our emplpyees in safery dialogue that rypira]Ey may seern more appropriate anly �ar r�ian- agemenr. Haweve , in our case, the dialogue f�elps our rechnicians understand we're not dictating ru[es; we are cnsuring rheir daily safe return home ry dieir lo�ed ones. We have �ound inc�usiqn-created 6uy-in works well to 6ui3d strpng tearn ries and accounta6iliry For one another, estab[ishing raofing crews that truly �alue rhe posi�ion tl�eir coznpany is tal:ing coward saFery. We 6elie�e nur ce�hnicians appreciare thc sa.fery �,s rulture we are develaping, and rheir increasing ".�+�i,� a�c�areness on-site reflects their carnrnicrneac � 1 �� �o rhe best saFery prar�ices on e�ery project Wr erccourage healrhy safety-driven dia- logue during meetings and rei:ognize i emplayees with gold hard hats for � malcirtg �alua�Ie co:itriburions roward ouc growing sa.Fery pt'Q- grasn. We ha�e found reward- ing empioyees wi�h a bonus can hiirt saFety� �ecausc employees tend to hide irsjuries �r noc reporc near-misses if�money is ia�olved. Instead, we pro�ide gold hard �a�s far emplQyees rn wear in frunt af Feilow ernployees ta reFlett their dedicaz'son ro safery, and this rys�em is working weil. For us, deli�ering safety is no dif�erenr from our focus on deli�ering the highest quadizy ser+�ice. We internally grade nursel�es an safery just as we grade aursel�es on projece �omplerian, craFtsmanship and cusromer serv'sce. Hnwever, in diis c3se, poar safery grades cquate ta fe�ver cvseamers and f�igher insuran�e prerniu►��s across the board (generaI liabiliry, �ehicle and workers' compensation}_ In addition ta culu�a�ing a c�slturz of safery from the top down, we 6a�e a grzat focus on professianal de�el- opment. Haw da we garner buy-in? Can we simply snstitu[e safery? Is it a cqmmand} Dr is i� a much higher cogni�i�e func�ian rhat lives beyand working hours? It sounds rnore complica�ed, 6ut tf�e beaury of buy-in is siznpler than yau may imagine—we keep our employ- ees engaged in the saFery conversation. Not only do we i�iclude our servi�e teams in the creatian oFprvicedures, paii�ies as�d repertusssons thar wil] affecc chem e�ery day, we help rhem knowledga6ly assiinilate into our various teams. Throu�h nur automated unlsne project rnanagen�enr {�PM) sofiware, we cazi surpass human error by auto- mating t:�sks and crearing safery road maps that uansform prospecis in�o grea� empiayees. We ha�e a campaign rhat triggers iniria� emails, skill-based courses, surveys and onf�oarding educatianal �ideas rha� musc successFully be campleted befare deeming an employee a�+iabie candi- daee far field proje�ts. By aurqmarin� rhese cas€cs, wc ensure there is a system in place and dara tl�ac �splays each employment pros�ect or new employee's status at any given timc. Automatee� on6oarding is rhe way of the Future, and with the right soFnvare, businesses can transforrn their �uman resaurces ef3�orrs. Castro Roof ng aIso offets its ernployees classes il�at teaeh tall protectivri, Frst aid, defensi�e driving and OSI-LA tapirs. We make sure to teach mflst uF the classes ❑n an annual basis and pro�ide refresher caurses. This year, we aisa will be putting �ogether same simulation c�asses and saFery drills su everyoae in the o[�tie and in the field knorws exactly what ta da in an emergenry, Castra RoaFng aiso has implemraired a regirrsen based an The 4I]ilciplines of Executdan {4DXJ: l�rhieuing Yaur Wildly Impnrtarit Gaals, wri�ten by Chris McC�iesney, Sean Covcy and �im Huiing. 7'he Fallowing fqur disci- plines are des�ri6ed in 4�X: • Forus on the wildly imporran� ■ Act on lead measures • Kee� a compeIling s�orebaard • Crca�e a cadence af acmun�abiliry �Q www.prafessianairoofing.neT JL1LY 2�15 �n 2�14, 4DX was implemen�ed companywide. We implemenced wildly imporrant goa�s �a ensure all depart- ments have three aetionable items at any given time that, when completed, wiU direcriy increase our 6o�mm iine. Dur safery deparun�nt progressi�ely is working toward exceilence 6y chaosing ta incorporaie the pra�i�e nFset- �ing ehree wildly imporrant a�hievable gaals, a�ing on rhe measures most likely ta increase rhose goa�s wl�ile keeping accura�e deparrn�e�iral scareboards that a�ways shaw employees where thc departaient stands at any gi�en mornen�. Qur safery c�epartment srarted i�s goal with S$ per- cent campliance. This year, rhe departmcnr set a wiidFy imp�r�anc gaaJ to a�hie�e a saFery audit comp�iante nF9Q perccn� by I�ec. 31, Z015. As oFApri�, we have exceeded ❑ur go�] by a6out 3 pertent, whic;h shntild lower uur company's prrmiurns even more when this year is calcv- Eated into rhe EMR formula. ❑ur safery deparimenrs wi�dly imporranr goals rou- �inely are emphasized, 6ur the clearest case is 6Psc Rresented as a result oFirs goals far perFarmance and cammitment to sa5ery durin� vur Dallas City Performance Hall praject. In 2414, saFery taok center stage when thc prestigious Da�las C�ty PerFormu�ce Nall project called far the lan- gest Kalzip' mechanicafly seamed, aiuminum-plus, zinc- caa�ed panef 'snstal�ation in N�rth Amerira. The Dalias Ciry Performance Hall is a 70,D00-square- fvot, 75�-sear professionai rhea�er ]acatcd in the renowned, GS-acre Dallas Arts District. Thc halI features a 2�,fl00- square-Foo� raof system with Kalzip AiuPlusZinc G51�OU rnndnuous panels in �arying len.g�hs thaz posed a tremen- dous cha�lenge in the farm of insealling 306-foor-long panels near rhe 6usrling avenues af downtown Dallas. It is Qne rhing �a i:as�all rnetal panels atvp a 5U-Faot, cusrom-enginecred maruel; however, there are signiFicandy maee challenges that come wirh ins�allislg North Americas longest G�n�inuous standitig-seam panefs withat:t a loss in ccafrsmanship ar saFery assurance, Nnr tv menpon underperForming vn a project of this size would havc had detrimental effeets on vur precniurn modifier, so this called For all safery managers ta oversce different portions of rhe projecr. The �anei lengrh presented parti�ulaz safcry and logis- riral chalIenges rhat we wcre more rhan prepared cp tackle as all issues were discussed during critica.l planaing stages. This jaEa required us to close rpads arousid 3 a.m. ro allaw the necessary space for the panels' fa�ricatiqn—rhe panels easily suerrhed chraugh rhe jo6 site and out into rhe street. There were so maiiy mo�ing pieccs to this projeer, yet prvactive craining and preparation allawed us to �omplete it wichnut a hiceh ar hi�cup. The �allas Ciry PcrFflamance LEADERS U Hall fs a prime eacample of how creating a c�lture of safety yields THE IMP recurn on a safety investment. The Eongest paneis wcre more AC�dUN than 304 feet vf �nntinuaus sheet �H� �i��M� metal, and each panei �ad ca be manuaIly lif�ed 6y2U men on the ACC��J� roaf alid 20 rnen on the ground. Coordination of safery measure5 WITHIN was key. Dur lOq percent cie-off r�sle ne�er was compromised, and we performed our instaila[ian wirh ex�ellence. As a resulr of impfemenring c4te wildly impor�ant safery goals we sec tor the �al}as Ciry Performance Hall, ura accidenrs were repartcd, �he project was corngleted on rime, and we racked anather aceompiishment vn aur scaFe6oard ihar works toward our stellar safery record rather than against it. In addition, Castra Rooiing won a 2014 Ni�CA Gold Circle 5aFery Award and a Gold Cirele Awards honorable menuon in the �uutanding Workmanship: 5teep-slope category. N�ERSTAND o��a�cE oF TA8ILITY AND ND�US VALUE TABILIN HA5 MANAGEM�NT A successful saFery plan wouldn't be cora�lece wirhau� too36ox safery traEning. Castro Rs�vFing's• weekly on-site taalbux safery craining mee�ings encaurage faremcn to take rhe iead 6y adrninistering thc meetings and making recomme�dations abour up�oming porrions of a projeu that may affect the entire team. Poremen are managed and guided diraugh �iis process by aur safery manager, and it's 5een aur experi- ence rhis inr+esrment in our Foresnen prepares thern for die pa�ential af being prarnoted and reinFnr�es job-site accountabiliry, Leaders unders�and rhe importance of aceowxta6iliry and rhe trernendous va�uc ac�ountabiliry has wirhin managernent. �n-size sa�ety training cpnver- sarinns noc only subs�anuaily increase emptayee alertness, �ur they also help culti�ate a crew oF diin4cers, leaders and executvrs. Dur safery masiager holds �aol�ox saFer}T training ses- sions dirougho�st the duration of each projec�. In the case lULY 2415 PROFE55�aNAl RflOFING Our satery �u�ture starts at the top of our organira�ional chart where an Executi�e Safery C:ammittee eompased of our com�any's awner and CE�, human resour�es depari- rnent, full-time safery manage , safety �onsultazsr and insurance braker work togerher co keep our sa�ery plan scala6fe, rele�ant and better than C7SHA's minimum requirerrsencs. The Execu�i�c Safery Commietee e�uates all projects �a determine any distinrt project's speci�ir needs and re- c�uiremenis when rstimating a job. T�e saFery manager ceporrs direccly �o rhe CEO, adding a high le�el vFac- cuunta6iliry that rrickles down rhroughaur the on-site produCtion teams, 7'he on-site productian and ser�ice teams are required ro a�cend monrfily safery meecings and craining address- ing companywide 6est-safery pra�tices in addit'son rn OSHA reguiations. As a smal! bus"si�ess, we als4 have the opQortuniry to in�nl�e our employees in safery dialague sha� rypically may seem morc appropriaze vnly For man- agemenf. Howe�er, in aur case, che dialogue helPs our �erf�n�cians unders�and we're nos dictating rules; we are ensuring their daily safe return home to dieir lnved nnes. We have faund inclnsips�-created �uy-in works welJ ta biuld srrang tearn �ies and accounrabiliry for one another, es�ab�ishing ronFing erews rha� �ruly value rhe pQsizion their company is taking toward safery. � We believe our trcJ;nicsans appreciace Ehe safery culture we are ��eloping, and their increasing a .ti' li,. :�w;3reness on-size re�ecrs riieir mmmi[men[ 4"' ta rhe best safery �raCtices on e�ery project. � We eneanrage heairhy safery-dri�en dia- a �y Ingue during meetings and recggniae �mpluyces with gold hard hats for Y� ��� ,� aiaking �aluable conrributions ��.��- �r ,� roward our �rowing safety Pro- �� ���1�� �'�`�" .'•---� grarn. We ha�e found reward- ing employees with a honus �an l�ure safecy be�use e�n�ioyees cend ca hide injuries or not re�or� ncarEnisses iFmoncy is in�oi�ed_ Instead, we prov+ide gald hard hats For employees to wear in fron� af fellow employees to reflect tiieir dcdsration to saFery, and this ryscem is working well. For us, deli�cring safery is no different From our Focus an deli�ering the h'sghest qualiry ser�ice. We internally grade ourselves on safery just as we grade ourselves on projee� complerior�, cta�tsmanship and cusmmer service. Howe�er, in this case, poor saFery grades equate to fewer customers and higher insuran�e �remiums acrotis rhe board (genera� liahiliry. ve�-iide and workers' compensation), In addi�ion �o cul�ivating a culture oFsaFery from r�e tap down, we �ave a great facus vn prQFessianal de�el- opment. How do we garner huy-in? Gan we sim�[y ins�i�uce safery? Is it a command? Qr is it a mu�h higher cagni�ive Function thaz Ii�es beyand workin� hours? It sounds more camplicated, 6ut the heaury oF buy-in is simpler shan you may irnagine—we keep our empioy- ees engaged in rhe safery canversation. hldt only do we include our service �ea�ns in rhe �reation oFprocedures, palicies ana reperctissians rhar will affecc rhem every day, wc heip them knowiedgahly assimilare in�a o�r various �eams. � Through aur auronzared online prajec� mana�ement {QPM} software, we �an sur�ass human error hy auto- mating tasks and creating safery toad maps t�iat transfora� prospeccs inro great emplayees. We ha�e a eampasgn rhat �riggers inicial emaiis, skill-based courscs, surveys and on6�arding educaciona] videas rhac must sueressfia3ly he comple�ed �eFore deeming an employee a �iable candi- da�c f'or field prajects. By automating ihese tasks, we ensure there is a systerri in place and data rhac displays each employrnent praspecc ar new employcc's sratus a� any given time. Automated on�oarding is the way of the future, and with the right spFtware, l�usinesses can �ransfarm cheir human resources eiur[s. Castra Roofing also oFFers ics employees classes rhar teac3� fall procection, firsc aid, defensive dri�in� and DSHA topies. We rnake sure to teaeh most of tlte classes on an annual �asis and provide refresher eourses. This year, we alsa will be puning tog�rher so�ne simulation classes and safery drills su e�eryone in the o�ce and in the �te1d knows exactly what ta dv in an emergency, Castra Roo�ing alsa has implemented a regimen 6ased an Th� 4Disciplznes ofFxec��rian (9DXJ:.Achieving Your Wildly Important Gauls, wrizten by Chris McChesney, Sean Co�ey and Jim Hulin�. The following foLir disci- plines are described in 4�JC: • Focus on the wildly impartant ■ Act on tead measures ■ Keep a compelling srorebaard • Creace a cadence af accounca6iliry www.professionolrooFing.nef JULY 2415 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity FORM CIQ OFFICE USE ONLY Date Received This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. Name of Officer 4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an 6 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 Signature of vendor doing business with the governmental entity Date ownership interest of one percent or more. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 X X Not Applicable 12-28-2021 Castro Roofing of Texas, LLC EXHIBIT C Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA DATE:12/14/2021 REFERENCE NO.: **M&C 21- 0950 LOG NAME:13P ROOF REPAIR REPLACEMENT SRV AW CODE:P TYPE:CONSENT PUBLIC HEARING:NO SUBJECT: (ALL) Authorize Non-Exclusive Purchase Agreements for Roof Repair and Replacement Services with Bazan Roofing, Inc., Castro Roofing of Texas LLC., and Crimson Construction Management LLC., Using The Interlocal Purchasing System Cooperative Contract No. 210603 for an Initial Two-Year Term in a Combined Amount of $8,500,000.00 for Each Year and Authorize Two Consecutive One-Year Renewal Options in the Same Amount for the City Departments RECOMMENDATION: It is recommended that the City Council authorize non-exclusive purchase agreements for roof repair and replacement services with Bazan Roofing, Inc., Castro Roofing of Texas LLC., and Crimson Construction Management LLC., using The Interlocal Purchasing System Cooperative Contract No. 210603 for an initial two-year term in a combined amount of $8,500,000.00 for each year and authorize two consecutive one-year renewal options in the same amount for the City Departments. DISCUSSION: The Property Management Department contacted the Purchasing Division to enter into non-exclusive purchase agreements with Bazan Roofing, Inc., Castro Roofing of Texas LLC., and Crimson Construction Management LLC., using The Interlocal Purchasing System Cooperative Contract No. 210603. The City of Fort Worth (City) will use these contracts to purchase roof repair and replacement services on an as-needed basis. Roof repair and replacement services are used by City departments in connection with a variety of projects. Prices under the The Interlocal Purchasing System (TIPS) contract 210603 were compared and a discount will be applied under the contract. AGREEMENT TERMS: Upon City Council’s approval, this agreement shall begin upon execution and expire on September 30, 2023 after an initial two-year term in accordance with the terms of the TIPS Contract. RENEWAL TERMS: The agreement may be renewed for two additional one-year renewals in accordance with the terms of the TIPS Contract. The renewal action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City’s obligations during the renewal term. BUSINESS EQUITY: An M/WBE goal is not assigned when purchasing from an approved purchasing cooperative or public entity. ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the participating department’s operating funds to support the approval of the above recommendation and execution of the purchase agreements. Prior to any expenditure being incurred, the participating department has the responsibility to validate the availability of funds. BQN\\ TO FROM Submitted for City Manager's Office by:Jay Chapa (5804) Dana Burghdoff (8018) Originating Department Head:Reginald Zeno (8517) Steve Cooke (5134) Additional Information Contact:Cynthia Garcia (8525) Alyssa Wilkerson (8357) ATTACHMENTS