Loading...
HomeMy WebLinkAboutContract 59665CSC No. 59665 FORT WORTH CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement ("Agreement") is entered into by and between Buyers Barricades, Inc. ("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 — Pricelist; 3. Exhibit B — Cooperative Agency Contract BuyBoard 703-23; and 4. Exhibit C — Conflict of Interest Questionnaire Exhibits A, B, and C, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the provisions of this Agreement. Total payment made under this Agreement for the first year by City shall not exceed Two Hundred Thousand Dollars ($200,000.00). Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. The term of this Agreement is effective beginning on the date signed by the Assistant City Manager below ("Effective Date") and expires on May 31, 2024 in line with cooperative contract. Upon the expiration of this Term, the Agreement shall renew automatically under the same terms and conditions for up to two (2) one-year renewal periods (June 1 to May 31), unless City or Contractor provides the other party with notice of non -renewal at least 60 days before the expiration of the Initial Term or renewal period. However, if funds are not appropriated, the City may cancel the Agreement 30 calendar days after providing written notification to the Contractor. 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: To CITY: City of Fort Worth Attn: Dana Burghdoff, Assistant City Manager 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 To VENDOR: Buyers Barricades, Inc. Cole Benton, Director of Estimating Address: 7409 Baker Blvd. OFFICIAL RECORD Richland Hills, TX 76118 CITY SECRETARY FT. WORTH, TX With copy to Fort Worth City Attorney's Office at Facsimile: 817-831-7171 same address The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Vendor. CITY OF FORT WORTH: Dana Burando15:10�F Dana Burghdoff (Ju 6, 2023CDT) Y' Name: Dana Burghdoff Title: Assistant City Manager Date: Jun 26, 2023 APPROVAL RECOMMENDED: By: Christopher Ffarder (Jun 26, 202311:36 CDT) Name: Christopher Harder Title: Water Director ATTEST: oonvpn j'd —� o9' g �000 dvo o=4 Ppp* o0 00 *� By: U Name: Jannette Goodall Title: City Secretary VENDOR: Buyers Barricades, Inc. By: C'e& 5646r, Name: Cole Benton Title: Director of Estimating Date: 6/26/2023 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: Regina Jones Title: Contract Compliance Specialist APPROVED AS TO FORM AND LEGALITY: Q uJ By: o0 Name: Jessika Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 23-0369 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, May 9, 2023 REFERENCE NO.: **M&C 23-0369 LOG NAME: 13PAMEND COOP BB 608-20 HIGHWAY SAFETY AND TRAFFIC CNTR WTR HO SUBJECT: (ALL) Authorize Execution of an Amendment to City Secretary Contract No. 57855 with Buyers Barricades Inc. for Highway Safety and Traffic Control Products to Increase the Annual Amount by $100,000.00 for a New Annual Amount of $200,000.00 Using BuyBoard Cooperative Contract for the Water Department RECOMMENDATION: It is recommended that the City Council authorize execution of an amendment to City Secretary Contract No. 57855 with Buyers Barricades Inc. for highway safety and traffic control products to increase the annual amount by $100,000.00 for a new annual amount of $200,000.00, using BuyBoard Cooperative Contract 608-20, for the Water Department and authorize two one-year renewal options under substantially similar terms. DISCUSSION: On July 13, 2022, the Water Department entered into the Agreement for the purchase of highway safety and traffic control products for an annual spend amount of $100,000.00 using BuyBoard contract 608- 20. The Request for Proposal for BuyBoard Contract No. 698-23 was published on July 21, 2019, and responses were opened on November 7, 2019. BuyBoard contracts offer fixed discounts. Staff reviewed the pricing and determined it to be fair and reasonable. The Water Department requested that the Purchasing Division assist with amending the agreement with Buyers Barricades Inc. to increase the annual spending limit by up to $100,000.00 for a new not to exceed annual amount of $200,000.00. The increase will be used to purchase traffic control equipment such as road signs, stands, traffic cones, and barrels which are used to divert traffic around work sites providing a safe work environment for crews repairing water and sewer mains. The maximum amount allowed under this agreement for the Water Department will be $200,000.00; however, the actual amount used will be based on the need of the department and the available budget. Funding is budgeted in the Water Department's rollup within the Water and Sewer Fund. COOPERATIVE PURCHASE - State law provides that a local government purchasing an item under a cooperative purchase agreement satisfies any state law requiring that the local government seek competitive bids for the purchase of the item. BuyBoard contracts are competitively bid to increase and simplify the purchasing power of government entities across the State of Texas. SUCCESSOR CONTRACTS: The City will initially use the BuyBoard contract to make purchases authorized by this Mayor and Council Communication (M&C). The Cooperative Contract is set to expire on May 31, 2023. If BuyBoard 608-20 is extended, this M&C authorizes the City to purchase similar equipment and supplies under the extended contract. If BuyBoard 608-20 is not extended but BuyBoard executes a new cooperative contract with Buyers Barricades Inc. and with substantially similar terms, this M&C authorizes the City to purchase the services under the new BuyBoard contract. If this occurs, in no event will the City continue to purchase services under the new agreement for more than three (3) years without seeking Council approval. In the event that a Cooperative Agreement is not renewed, Staff would cease purchasing at the end of the last Purchase Agreement coinciding with the valid Cooperative Agreements. If the City Council were to not appropriate funds for a future year, Staff would stop making purchases when the last appropriation expires, regardless of whether the then -current Purchase http://apps.cfwnet.org/ecouncil/printmc.asp?id=30996&print=true&DocType=Print 6/20/2023 Agreement has expired. DIVERSITY & INCLUSION - A Business Equity goal is not assigned when purchasing from an approved purchasing cooperative or public entity. AGREEMENT TERM: The current term of this Agreement expires on May 31, 2023 in accordance with the BuyBoard contract. RENEWAL OPTIONS: This agreement may be renewed up to two one-year renewal terms at the City's option. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal terms. 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. These projects will serve ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated in the Water Department Operating Fund to support the approval of the above recommendation and execution of the amendment to the contract. Prior to any expenditures being incurred the Water Department has the responsibility to validate the availability of funds. BQN\\ FUND IDENTIFIERS (FIDsJ: TO Fund Department Account Project ProgramActivity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project ProgramActivity Budget Reference # Amount ID ID I . Year (Chartfield 2) CERTIFICATIONS: Reginald Zeno (8517) Submitted for Citv Manager's Office bv: Dana Burghdoff (8918) Reginald Zeno (8517) Originatinq Department Head: Christopher Harder (5020) Jo Ann Gunn (8525) Additional Information Contact: Heather Oakes (8354) ATTACHMENTS 1. 13PAmend COOP BB 608-20 Hiphwav Safetv and Traffic Cntr Wtr.docx (CFW Internal) 2. Buvers Barricades SAM 04.03.23.Ddf (CFW Internal) 3. Form 1295 Certificate 101032130 Signed 4-12-23.Ddf (CFW Internal) 4. Water - FID Table - Barricades.xlsx (CFW Internal) http://apps.cfwnet.org/ecouncil/printmc.asp?id=30996&print=true&DocType=Print 6/20/2023 Exhibit A - Pricelist CUSTOMER: Buy Board Proposal Name: Highway Safety and Traffic Control Products Proposal Number: 703-23 Proposal Opening Date and Time: 1/19/23 4PM CT DATE: 01/16/2023 Spec For "5" Discounted ROAD SIGNS, POSTS, AND HARDWARE Part# Manufacturer List Price % Discount Line Item Price 48" x 48" Reflective Roll Up Sign Blank (Orange & Black Only)(No Velcro) -Sheeted in House R48DI Plasticade $135.10 10 8 $121.58 Fiberglass Replacement Rib Kits for Roll Up RK48 Plasucade $30.68 10 8 $27.61 Temporary Plastic Construction Signs (orange & black) per sq ft. 3M MUTCD $7.22 10 8 $6.50 Temporary Plastic Regulatory Signs (white & black) per sq ff. 3M MUTCD $7.22 10 8 $6.50 Aluminum Signs (black, & various) persq ft. 3M MUTCD $10.56 10 8 $9.50 Bi: Buster Flex Stand w/(2) Rigid Sign Mounting Brackets 60060-RSB-BP Traffix Devices, Inc $246.44 10 8 $221.80 BiR Buster Flex Stand w/ Roll -Up Sign Mounting Bracket 60060-BRU-BP Traffix Devices, Inc $234.92 10 8 $211.43 Rigid Bracket for Big Buster 60019 Traffix Devices, Inc $31.17 10 8 $28.06 Roll -up Bracket for Big Buster 60035 Traffix Devices, Inc $31.23 10 8 $28.11 Little Buster SiRn Stand w/(2) Rigid Sign Mounting Brackets 24018-RSB-BP Traffix Devices, Inc $183.18 10 8 $164.86 Little Buster SR A Stand w/ Roll -Up SiRn MountinR Bracket 24018-BRU-BP Traffix Devices, Inc $183.16 10 8 $164.85 Rigid Bracket for Little Buster 24321 Traffix Devices, Inc $26.90 10 8 $24.21 Roll -Up Bracket for Little Buster 24000-BRU Traffix Devices, Inc $26.99 10 8 $24.30 Phoenix Base w/ Steel Plate Insert (Rubber Base) 90018-NM Traffix Devices, Inc $86.27 10 8 $77.64 Step & Drop Sign Stand 22000-USH Traffix Devices, Inc $134.45 10 8 $121.00 Tri-Buster Sign Stand 93012-BP Traffix Devices, Inc $105.68 10 8 $95.11 Zephyr Sign Stand 26000-BP Traffix Devices, Inc $113.17 10 8 $101.85 Spec For"S" Discounted DELINEATION PRODUCTS AND OBJECT MARKERS Part # Manufacturer List Price % Discount Une Item Price 12"Traffic Cone (11/21b Base, No Collar) RS30008C JBC Safety Products $11.29 10 3 & 7 $10.16 18" Traffic Cone (31b Base, 6" Collar, 3M HI Grade Sheeting RS45015C3M6 JBC Safety Products $17.86 10 3 & 7 $16.08 28" Traffic Cone (71b Base, WIDE w/ 4" & 6" Collars, 3M HI Grade SheetinR(TxDot) RS70032CT3M64 JBC Safety Products $20.40 10 4 & 7 $18.36 28" Traffic Cone (71b Base, SLIM w/ 4" & 6" Collars, 3M HI Grade SheetinR(TxDot) RS70032SR3M64 JBC Safety Products $22.96 10 5 & 7 $20.67 28" Traffic Cone (101b Base, WIDE w/ 4" & 6" Collars, 3M HI Grade SheetinR(TxDot) RS70045CT3M64 JBC Safety Products $24.18 10 6 & 7 $21.76 28" Traffic Cone (101b Base, SLIM w/ 4" & 6" Collars, 3M HI Grade SheetinR(TxDot) RS70045SR3M64 JBC Safety Products $26.40 10 3 & 7 $23.77 36" Traffic Cone (101b Base, Wide w/ 4" & 6" Collars, 3M HI Grade SheetinR(TxDot) RS90045CT3M64 JBC Safety Products $28.74 10 3 & 7 $25.87 Navigator Looper Cone w/(4)4"HIP Bands OWOW 650RI-0-4-HIP-A Plasticade $27.29 10 3&7 $24.56 3011b Navigator/ Looper Cone Base 650-RB-30 Plasticade $21.69 10 3 & 7 $19.52 $0.00 $0.00 Barrel -Commander Drum 456-LD-T-40 Plasticade $43.51 10 3&7 $39.17 Tire Ring Base for Drum, 22 1/211b TR 22.5 VIVA Recycle $6.30 10 3 & 7 $5.68 $0.00 $0.00 Vertical Panel-0ranRe, HIP 2sides 8" x 36" 4100-0-36-HI-P Plasticade $30.21 10 3 & 7 $27.19 Vertical Panel -White, w/2-Way Arrows 8"x36" 4100-W Plasticade $19.41 10 3&7 $17.47 301b Vertical Panel Base 400-B-30R Plasticade $21.69 10 3 & 7 $19.52 Type A -Frame, 2-Board, White 42" H x 96" L 97-01-004 Cortina Safety Products $95.14 10 3 & 7 $85.63 Type II Combocade, 8" EG Top Board (Metal) 42.3" H x 24" W 105G-T8EGB8 Plasticade $46.55 10 3 & 7 $41.89 Type II Econocade, 8" EG Top Board (Plastic) 42.3" H x 24" W 110W-T8EG Plasticade $46.55 10 3 & 7 $41.89 Type III Panel HIP O/W 2-Way L/R 5' H x 8' W 308-HIP-7-DRILL Plasticade $239.80 10 3 & 7 $215.82 Spec For"S" Discounted EQUIPMENT Part# Manufacturer List Price % Discount Line Item Price Fu11 Size Three -Line VMS (Hydraulic Lit) WTLMB(A) Wanco $20,200.00 5% 2 & 4 $19,190.00 Full Size Three -Line VMS (Manual Winch) WTLMB(B) Wanco $19,700.00 5% 2 & 4 $18,715.00 Fu11 Size Fu11 Matrix VMS (Hydraulic Lit) Basic Model WTMMB(A) Wanco $19,100.00 5% 2 & 4 $18,145.00 Full Size Full Matrix VMS (Manual Winch) Basic Model WTMMB(B) Wanco $18,600.00 5% 2 & 4 $17,670.00 Fu11 Size Full Matrix VMS (Hydraulic Lit) *Buyers Fleet WTMMB(A) Wanco $20,700.00 5% 2 & 4 $19,665.00 *Buyers Fleet Includes:Security Battery Box, 170w Solar Upgrade, 2" Bulldog Hitch, 4G GPS Modem with Data Plan Mini Three -Line VMS (Hydraulic Lit) WVr3(A) Wanco $18,900.00 5% 2 & 4 $17,955.00 Mini Three -Line VMS (Manual Winch) WVr3(B) Wanco $18,400.00 5% 2&4 $17,480.00 Mini Metro Three -Line VMS- PD(Manual Winch) WVr3B-PD Wanco $20,200.00 5% 2&4 $19,190.00 Mini Matrix VMS (Hydrauhc Lift) WVrM(A) Wanco $19,400.00 5% 2 & 4 $18,430.00 Mini Matrix VMS (Manual Winch) WVrM(B) Wanco $19,100.00 5% 2 & 4 $18,145.00 Full Matrix 5 Color VMS WVTM-SC Wanco $37,400.00 5% 2 & 4 $35,530.00 Metro Compact VMS Medium Sign WVTMM-M Wanco $15,500.00 5% 2 & 4 $14,725.00 Metro Compact VMS Large Sign WVTMM-L Wanco $16,800.00 5% 2&4 $15,960.00 Vehicle Mount VMS Small Sign WVMBM-2LP Wanco $10,400.00 5% 2 & 4 $9,880.00 Vehicle Mount VMS Large Sign WVMBM-3LP Wanco $11,200.00 5% 2 & 4 $10,640.00 Portable Arrow Board 15-LiRht (7 Arrow Patterns) Basic Model VJTSP55-LSA Wanco $5,600.00 5% 2 & 4 $5,320.00 Portable Arrow Board 25-LiRht (12 Arrow Patterns) Basic Model VJTSP55-LSAC Wanco $5,800.00 5% 2 & 4 $5,510.00 5% Vehicle Mount Skids Arrow Board 15-LIRht WSSP55-LSA Wanco $5,100.00 5% 2 & 4 $4,845.00 Vehicle Mount Skids Arrow Board 25-LIRht WSSP55-LSAC Wanco $5,100.00 5% 2 & 4 $4,845.00 Radar Speed Trailer SiRn Basic Model WSDT3-S3S Wanco $9,500.00 5% 2&4 $9,025.00 Standard Diesel LiRht Towerw/ Mitsubishi MVS4L2-W462DG and 6 kW WLT-4MM6K Wanco $16,500.00 5% 2&4 $15,675.00 Compact Vertical Mast Diesel LiRht Towerw/ Mitsubishi MVS4L2-W462DG and 6 kW WLTT-4MM6K Wanco $16,800.00 5% 2 & 4 $15,960.00 Small compact trailerand 730-watt solararray(Two-365W flat) WLTS-SM4A-730 Wanco $15,300.00 5% 2&4 $14,535.00 Medium trailerwith 750-watt solararray WLTS-MM4A-750 Wanco $22,900.00 5% 2&4 $21,755.00 Medium trailerwith 1500-watt solararray and 8 batteries WLTS-MM8A-1500 Wanco $31,500.00 5% 2&4 $29,925.00 Medium [railer Hybrid diesel and 1500-watt solararray WLTS-MM4A-1500H Wanco $44,800.00 5% 2&4 $42,560.00 Spec For"S" Discounted PAVEMENT MARKING SUPPLIES Part# Manufacturer List Price % Discount Line Item Price Barrier Wall Reflectors (1 Way White)(D/G) TI-1W Trafco $1.82 10 5 $1.64 Barrier Wall Reflectors (1 Way Yellowl(D/Gl TI-1Y Trafco $1.82 10 5 $1.64 Barrier Wall Reflectors (2 Way White)(D/G) TI-2W Trafco $1.92 10 5 $1.73 Barrier Wall Reflectors (2 Way Yellow)(D/G) TI-2Y Trafco $1.92 10 5 $1.73 Low Profile Barrier Wa11 Reflectors (1 Way White)(D/G) TI-1W Trafco $1.47 10 5 $1.33 Low Profile Barney Wall Reflectors (1 Way Yellow)(D/G) TI-2W Trafco $1.56 10 5 $1.40 Low Prohle Barrier Wa11 Reflectors (2 Way White)(D/G) TI36-2W Trafco $4.62 10 5 $4.16 Low Profile Barney Wall Reflectors (2 Way Yellow)(D/G) TI36-2Y Trafco $4.62 10 5 $4.16 Temporary Overlay Markers - White Tab TSI-4W Traffic Supply $1.00 10 5 $0.90 Temporary Overlay Markers - Yellow Tab TSI-4Y2 Traffic Supply $0.98 10 5 $0.88 Barrier Wall Adhesive (Davidson 795A) (10oz) 80ADH795AI Pexco $28.02 10 5 $25.22 Delta Line Tape#2030Y043020, Yellow Removable Tape(310' Roll) 2030Y04300 Briteline $381.64 10 5 $343.51 Delta Line Tape #2030W043020, White Removable Tape (310' Roll( 2030W04300 Briteline $381.64 30 5 $343.51 Delta Line Tape #BTR2040B06330, Black Removable Tape (330' Roll( 2040B06330 Briteline $538.39 30 5 $484.60 Spec For "5" Discounted MISC. Part# Manufacturer List Price % Discount Line Item Price Stop/Slow Paddles 24" w/ Ba& NR243A Dicke Safety Products $70.27 10 1 $63.25 Stop/Slow Paddle Economy C18NR Dicke Safety Products $33.80 10 1 $30.43 Stop/Slow Paddles Reflective SB243A Dicke Safety Products $105.17 10 1 $94.66 Oran&e, 24" Warmn& Flags 1036-24 Dicke Safety Products $7.23 10 1 $6.50 Red, 24" Warmn& Flags 2036-24 Dicke Safety Products $7.44 10 1 $6.70 Fla& Brackets 22003-FH Traffix $15.01 10 1 $13.51 Yellow Flashing Lights - Amber Lens LiRht BC3.AC.M4.YA Dicke Safety Products $22.93 10 1 $20.64 Dan&er Tape-1000ff. Roll - En&lish/Spanish B31021121 Trinity Tape &Markin& $11.88 10 1 $10.70 Caution Tape -1000ff. Roll - En&lish/Spanish Caution Tape Trinity Tape &Markin& $11.88 10 1 $10.70 Oran&e Safety Fence W x 100' Roll) Safety Fence Texas Erosion Supply $40.12 10 1 $36.11 6' x 12' Chain Link Fence Panels w/ Stand SPS 12x6 Master Halco $205.30 10 1 $184.79 Pedestrian Barricades (Bike Racks) Light Duty 7.5' with feet BB406 Tamis $149.07 10 1 $134.17 Sandba&s Heavy Duty (Full of Pea Gravel or Sand) Sand Ba& Ovasco $16.69 10 1 $15.02 Sandba&s Heavy Duty (Empty) 10400021426 Ovasco $5.30 10 1 $4.77 Thank You For The Opportunity, Claudia Serna - Procurement/Purchasing Exhibit B - Cooperative Agency Contract P!VBoard ° 800.695.2919 • info@buyboard.com Box 400, Austin, Texas 78767 o@buyboard.com • buyboard.com April 17, 2023 Sent Via Email: cole@buyersbarricades.com Cole Benton Buyers Barricades DFW 7409 Baker Blvd. Richland Hills, TX 76118 Welcome to BuyBoard! Re: Notice of The Local Government Purchasing Cooperative ContractAward; Proposal Invitation No. 703- 23, Highway Safety and Traffic Control Products Congratulations, The Local Government Purchasing Cooperative (Cooperative) has awarded your company a BuyBoard® contract based on the above -referenced Proposal Invitation. The contract is effective for an initial one-year term of June 1, 2023 through May 31, 2024, and may be subject to two possible one-year renewals. Please refer to the Proposal Invitation for the contract documents, including the General Terms and Conditions of the Contract. To review the items your company has been awarded, please review Proposal Tabulation No. 703-23 at: www.buyboard.com/vendor. Only items marked as awarded to your company are included in this contract award, and only those awarded items may be sold through the BuyBoard contract. All sales must comply with the contract terms and must be at or below the awarded pricing as set forth in the General Terms and Conditions. The contract will be posted on the BuyBoard website as an online electronic catalog(s). You are reminded that, in accordance with the General Terms and Conditions, all purchase orders must be processed through the BuyBoard. Except as expressly authorized in writing by the Cooperative's administrator, you are not authorized to process a purchase order received directly from a Cooperative member that has not been processed through the BuyBoard or provided to the Cooperative. If you receive a purchase order directly from a Cooperative member that you have reason to believe has not been received by the Cooperative or processed through the BuyBoard, you must promptly forward a copy of the purchase order by email to info@buyboard.com. A list of Cooperative members is available on the buyboard.com website. Once the contract is active, the BuyBoard vendor relations staff will be contacting you to assist with the resources available and to provide any support you may need as an awarded BuyBoard vendor. On behalf of the Cooperative, we appreciate your interest in the Cooperative and we are looking forward to your participation in the program. If you have any questions, feel free contact me at 800-695-2919. Sincerely, Y_b� CPaku Leigh Clover, Bid Analyst Texas Association of School Boards, Inc., Administrator for The Local Government Purchasing Cooperative v.02.01.2021 Endorsed by A TASAV VT VBoard' URCHASING COOPERATIVE 12007 Research Boulevard , Austin, Texas 78759-2439 , PH: 800-695-2919 , buvboard.com PROPOSERS ACCEPTANCE AND AGREEMENT Proposal Invitation Name: Highway Safety and Proposal Due Date/Openina Date and Time: Traffic Control Products January 19, 2023, at 4:00 PM Proposal Invitation Number: 703-23 Contract Term: June 1, 2023, through May 31, 2024, with two possible one-year renewals. Location of Proposal Ooeninq: Texas Association of School Boards, Inc. BuyBoard Department 12007 Research Blvd. Austin, TX 78759 Anticipated Cooperative Board Meetina Date: April 2023 By signature below, the undersigned acknowledges and agrees that you are authorized to submit this Proposal, including making all acknowledgements, consents, and certifications herein, on behalf of Proposer and, to the best of your knowledge, the information provided is true, accurate, and complete. Buyers Barricades, Inc. Name of Proposing Company 7409 Baker Blvd. Street Address Richland Hills, Tx 76118 City, State, Zip 817-535-3939 Telephone Number of Authorized Company Official 817-831-7171 01 /13/2023 Date Signature of Authorized Company Official Cole Benton Printed Name of Authorized Company Official Director Of Estimating Position or Title of Authorized Company Official 75-2963599 Fax Number of Authorized Company Official Federal ID Number 10 of 71 Proposal Forms COMM/SVCS v.08.11.2021 Board' PURCHASING COOPERATIVE 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buvboard.com PROPOSAL FORMS PART 1: COMPLIANCE FORMS INSTRUCTIONS: Proposer must review and complete all forms in this Proposal Forms Part 1: ■ Proposal Acknowledgements • Felony Conviction Disclosure ■ Resident/Nonresident Certification ■ Debarment Certification ■ Vendor Employment Certification ■ No Boycott Verification ■ No Excluded Nation or Foreign Terrorist Organization Certification ■ Historically Underutilized Business Certification ■ Acknowledgement of BuyBoard Technical Requirements ■ Construction -Related Goods and Services Affirmation ■ Deviation and Compliance • Vendor Consent for Name Brand Use ■ Confidential/Proprietary Information ■ EDGAR Vendor Certification • Compliance Forms Signature Page An authorized representative of Proposer must initial in the bottom riaht corner of each oaae where indicated and complete and sign the Compliance Forms Signature Page. Proposer's failure to fully complete, initial, and sign forms as required may result in your Proposal being rejected as non -responsive. PROPOSAL ACKNOWLEDGEMENTS The proposing company ("you" or "your") hereby acknowledges and agrees as follows: 1. You have carefully examined and understand all information and documentation associated with this Proposal Invitation, including the Instructions to Proposers, General Information, General Terms and Conditions, attachments/forms, appendices, item specifications, and line items (collectively "Requirements'; 2. By your response ("Proposal's to this Proposal Invitation, you propose to supply the products or services submitted at the pricing quoted in your Proposal and in strict compliance with the Requirements, unless specific deviations or exceptions are noted in the Proposal; 3. By your Proposal, you acknowledge and certify all items set forth in the General Terms and Conditions, Section B.12 (Certifications), including all non -collusion certifications and certifications regarding legal, ethical, and other matters set forth therein. 4. Any and all deviations and exceptions to the Requirements have been noted in your Proposal on the required form and no others will be claimed; Initial• 11 of 71 Proposal Forms COMM/SVCS v.08.11.2021 Board' PURCHASING COOPERATIVE 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buvboard.com 5. If the Cooperative accepts any part of your Proposal and awards you a Contract, you will furnish all awarded products or services at the pricing quoted and in strict compliance with the Requirements (unless specific deviations or exceptions are noted on the required form and accepted by the Cooperative), including without limitation the Requirements related to: a. conducting business with Cooperative members, including offering pricing to members that is the best you offer compared to similarly situated customers in similar circumstances; b. payment of a service fee in the amount specified and as provided for in this Proposal Invitation; c. the possible award of a piggy -back contract by the National Purchasing Cooperative or nonprofit entity, in which event you will offer the awarded products and services in accordance with the Requirements; and d. submitting price sheets or catalogs in the proper format as required by the Cooperative as a prerequisite to activation of your Contract; 6. You have clearly identified on the included form any information in your Proposal that you believe to be confidential or proprietary or that you do not consider to be public information subject to public disclosure under the Texas Public Information Act or similar public information law; 7. The individual submitting this Proposal is duly authorized to enter into the contractual relationship represented by this Proposal Invitation on your behalf and bind you to the Requirements, and such individual (and any individual signing a form or Proposal document) is authorized and has the requisite knowledge to provide the information and make the representations and certifications required in the Requirements; 8. You have carefully reviewed your Proposal, and certify that all information provided is true, complete, and accurate to the best of your knowledge, and you authorize the Cooperative to take such action as it deems appropriate to verify such information; and 9. Any misstatement, falsification, or omission in your Proposal, whenever or however discovered, will be grounds for disqualifying you from consideration for a contract award under this Proposal Invitation, termination of a contract award, or any other remedy or action provided for in the General Terms and Conditions or by law. FELONY CONVICTION DISCLOSURE Subsection (a) of Section 44.034 of the Texas Education Code (Notification of Criminal History of Contractor) states: "A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony." Section 44.034 further states in Subsection (b): "A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract." Please check W) one of the followina: ❑ My company is a publicly -held corporation. (Advance notice requirement does not apply to publicly -held corporation.) ■❑ My company is not owned or operated by anyone who has been convicted of a felony. ❑ My company is owned/operated by the following individual(s) who has/have been convicted of a felony: Name of Felon(s): Details of Conviction(s): Initial: 12 of 71 Proposal Forms COMM/SVCS v.08.11.2021 Board' PURCHASING COOPERATIVE 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buvboard.com RESIDENT/NONRESIDENT CERTIFICATION Chapter 2252, Subchapter A, of the Texas Government Code establishes certain requirements applicable to proposers who are not Texas residents. Under the statute, a "resident" proposer is a person whose principal place of business is in Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in Texas. A "nonresident" proposer is a person who is not a Texas resident. Please indicate the status of your company as a "resident" proposer or a "nonresident" proposer under these definitions. Please check (,/) one of the followina: ❑■ I certify that my company is a Resident Proposer. ❑ I certify that my company is a Nonresident Proposer. If your company is a Nonresident Proposer, you must provide the following information for your resident state (the state in which your company's principal place of business is located): Company Name City Address State Zip Code A. Does your resident state require a proposer whose principal place of business is in Texas to under -price proposers whose resident state is the same as yours by a prescribed amount or percentage to receive a comparable contract? ❑ Yes ❑ No B. What is the prescribed amount or percentage? $ or % DEBARMENT CERTIFICATION By signature on the Compliance Forms Signature Page, I certify that neither my company nor an owner or principal of my company has been debarred, suspended or otherwise made ineligible for participation in Federal Assistance programs under Executive Order 12549, "Debarment and Suspension," as described in the Federal Register and Rules and Regulations. Neither my company nor an owner or principal of my company is currently listed on the government -wide exclusions in SAM, debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. My company agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from my company if my company or an owner or principal is later listed on the government -wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. VENDOR EMPLOYMENT CERTIFICATION Section 44.031(b) of the Texas Education Code establishes certain criteria that a school district must consider when determining to whom to award a contract. Among the criteria for certain contracts is whether the vendor or the vendor's ultimate parent or majority owner (i) has its principal place of business in Texas; or (ii) employs at least 500 people in Texas. If neither your company nor the ultimate parent company or majority owner has its principal place of business in Texas, does your company, ultimate parent company, or majority owner employ at least 500 people in Texas? Please check W) one of the followina: ❑ Yes ❑ No Initial: 13 of 71 Proposal Forms COMM/SVCS v.08.11.2021 Board' PURCHASING COOPERATIVE 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buvboard.com NO BOYCOTT VERIFICATION A Texas governmental entity may not enter into a contract with a value of $100,000 or more that is to be paid wholly or partly from public funds with a company (excluding a sole proprietorship) that has 10 or more full-time employees for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel and will not boycott Israel during the term of the contract (TEx. Gov'T CODE Ch. 2271), (2) does not boycott energy companies and will not boycott energy companies during the term of the contract (TEx. Gov'T CODE Ch. 2274 effective September 1, 2021), and (3) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of the contract against a firearm entity or firearm trade association (TEx. Gov'T CODE Ch. 2274 effective September 1, 2021). Accordingly, this certification form is included to the extent required by law. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes. TEx. Gov'T CODE §808.001(1). "Boycott energy company" means, without an ordinary business purpose, 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 a company because the company: (A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel -based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by Paragraph (A). TEx. Gov'T CODE §809.001(1) (effective September 1, 2021). "Discriminate against a firearm entity or firearm trade association" means, (A) with respect to the entity or association, to: (i) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (ii) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (iii) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; and (B) does not include: (i) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and (ii) a company's refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship: (aa) to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency; or (bb) for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity's or association's status as a firearm entity or firearm trade association. TEx. Gov'T CODE §2274.001(3) (effective September 1, 2021). By signature on the Compliance Forms Signature Page, to the extent applicable, I certify and verify that Vendor does not boycott Israel, boycott energy companies, or discriminate against a firearm entity or firearm trade association and will not do so during the term of any contract awarded under this Proposal Invitation, that this certification is true, complete and accurate, and that I am authorized by my company to make this certification. Initial: 14 of 71 Proposal Forms COMM/SVCS v.08.11.2021 Board' PURCHASING COOPERATIVE 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 , buvboard.com NO EXCLUDED NATION OR FOREIGN TERRORIST ORGANIZATION CERTIFICATION Chapter 2252 of the Texas Government Code provides that a Texas governmental entity may not enter into a contract with a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization — specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.) By signature on the Compliance Forms Signature Page, I certify and verify that Vendor is not on the Texas Comptroller's list identified above; that this certification is true, complete and accurate; and that I am authorized by my company to make this certification. HISTORICALLY UNDERUTILIZED BUSINESS CERTIFICATION A Proposer that has been certified as a Historically Underutilized Business (also known as a Minority/Women Business Enterprise or "MWBE" and all referred to in this form as a "HUB' is encouraged to indicate its HUB certification status when responding to this Proposal Invitation. The BuyBoard website will indicate HUB certifications for awarded Vendors that properly indicate and document their HUB certification on this form. Please check (-\/) all that ar)Dly: ❑ I certify that my company has been certified as a HUB in the following categories: ❑ Minority Owned Business ❑ Women Owned Business ❑ Service -Disabled Veteran Owned Business (veteran defined by 38 U.S.C. §101(2), who has a service -connected disability as defined by 38 U.S.C. § 101(16), and who has a disability rating of 20% or more as determined by the U. S. Department of Veterans Affairs or Department of Defense) Certification Number: WFWB39615N 1023 Name of Certifying Agency: NCTRCA ❑ My company has NOT been certified as a HUB. ACKNOWLEDGEMENT OF BUYBOARD TECHNICAL REQUIREMENTS Vendor shall review the BuyBoard Technical Requirements included in this Proposal Invitation. By signature on the Compliance Forms Signature Page, the undersigned affirms that Proposer has obtained a copy of the BuyBoard Technical Requirements, has read and understands the requirements, and certifies that Vendor is able to meet and will comply with those requirements except as follows: [List and explain BuyBoard Technical Requirements, if any, to which your company cannot or will not comply.] Note: In accordance with the General Terms and Conditions of the Contract, to the extent Vendor is awarded a Contract under this Proposal Invitation but is unable or unwilling to meet the applicable BuyBoard Technical Requirements, the information available on the BuyBoard for Vendor's awarded products or services may be limited, potentially placing Vendor at a disadvantage and impacting the ability of Cooperative members to search, find, review, and purchase Vendor's awarded products and services on the BuyBoard website. Further, to the extent Vendor has acknowledged ability to meet and comply with the BuyBoard Technical Requirements, any subsequent failure or refusal by Vendor to promptly provide information upon request to the Cooperative administrator in accordance with those technical requirements may be deemed anPvv of default under the Contract. Initial: il�� 15 of 71 Proposal Forms COMM/SVCS v.08.11.2021 Women Business Enterprise (WBE) Buyers Barricades, Inc. �'. P Buyers Barricades, Inc. has filed with the Agency an Affidavit as defined by NCTRCA Women Business Enterprise (WBE) Policies & Procedures and is hereby certified to provide service(s) in the following areas: NAICS 334290: OTHER COMMUNICATIONS EQUIPMENT MANUFACTURING NAICS 339950: SIGN MANUFACTURING NAICS 423440: OTHER COMMERCIAL EQUIPMENT MERCHANT WHOLESALERS NAICS 561990: FLAGGING (I.E., TRAFFIC CONTROL) SERVICES This Certification commences October 11, 2021 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: October 31, 2023 Issued Date: October 11, 2021 CERTIFICATION NO. WFWB39615N1023 Certification Administrator Board' PURCHASING COOPERATIVE 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buvboard.com CONSTRUCTION -RELATED GOODS AND SERVICES AFFIRMATION The Cooperative issued the BuyBoard Procurement and Construction -Related Goods and Services Advisory for Texas Members ("Advisory's, which provides information specifically relevant to the procurement of construction -related goods and services by Texas Cooperative members. The Advisory, available at buvboard.com/Vendor/Resources.asr)x, provides an overview of certain legal requirements that are potentially relevant to a Cooperative member's procurement of construction or construction -related goods and services, including those for projects that may involve or require architecture, engineering or independent testing services. A copy of the Advisory can also be provided upon request. Because many BuyBoard contracts include goods or installation services that might be considered construction -related, Proposer must make this Construction Related -Goods and Services Affirmation regardless of type of goods or services associated with this Proposal Invitation. A contract awarded under this Proposal Invitation covers only the specific goods and/or services awarded by the Cooperative. As explained in the Advisory ("Advisory's, Texas law prohibits the procurement of architecture or engineering services through a purchasing cooperative. This Proposal Invitation and any Contract awarded thereunder does not include such services. Architecture or engineering services must be procured by a Cooperative member separately, in accordance with the Professional Services Procurement Act (Chapter 2254 of the Texas Government Code) and other applicable law and local policy. By signature on the Compliance Forms Signature Page, Proposer affirms that Proposer has obtained a copy of the Advisory, has read and understands the Advisory, and is authorized by Proposer to make this affirmation. If Proposer sells construction - related goods or services to a Cooperative member under a Contract awarded under this Proposal Invitation, Proposer will comply with the Advisory and applicable legal requirements, make a good faith effort to make its Cooperative member customers or potential Cooperative member customers aware of such requirements, and provide a Cooperative member with a copy of the Advisory before accepting the member's Purchase Order or other agreement for construction -related goods or services. Initial: 16 of 71 Proposal Forms COMM/SVCS v.08.11.2021 Board- PURCHASING COOPERATIVE 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buvboard.com DEVIATION AND COMPLIANCE If your company intends to deviate from the General Terms and Conditions, Proposal Specifications or other requirements associated with this Proposal Invitation, you MUST list all such deviations on this form, and provide complete and detailed information regarding the deviations on this form or an attachment to this form. Prior to completing this form, Vendor shall review the General Terms and Conditions section B.4 (Deviations from Item Specifications and General Terms and Conditions). Please note that, as provided in section B.4, certain provisions of the General Terms and Conditions are NOT subject to deviation, and certain deviations will be deemed rejected without further action by the Cooperative. Any attempted deviation, whether directly or indirectly, to provisions identified in this Proposal Invitation as not subject to deviation shall be deemed rejected by the Cooperative and, unless otherwise withdrawn by Vendor, may result in Vendor's Proposal being rejected in its entirety. The Cooperative will consider any deviations in its contract award decision and reserves the right to accept or reject a proposal based upon any submitted deviation. In the absence of any deviation identified and described in accordance with the above, your company must fully comply with the General Terms and Conditions, Proposal Specifications and all other requirements associated with this Proposal Invitation if awarded a Contract under this Proposal Invitation. A deviation will not be effective unless accepted by the Cooperative. The Cooperative, by and through the Cooperative administrator, may, in its sole discretion, seek clarification from and/or communicate with Proposer(s) regarding any submitted deviation, consistent with general procurement principles of fair competition. The Cooperative reserves the right to accept or reject a Proposal based upon any submitted deviation. Please check W) one of the followina: ❑■ NO; Deviations ❑ Yes; Deviations List and fully explain any deviations you are submitting: Initial: 17 of 71 Proposal Forms COMM/SVCS v.08.11.2021 Board- PURCHASING COOPERATIVE 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buvboard.com VENDOR CONSENT FOR NAME BRAND USE BuyBoard members seeking to make purchases using a Contract awarded under this Proposal Invitation may view information regarding awarded Vendors, including but not limited to product catalogs, pricelists, pricing, and Proposals, through the BuyBoard website. To improve and enhance the experience of BuyBoard members seeking to procure goods and services under the Contract utilizing the BuyBoard website, any Vendor logo, product images, and similar brand and trademark information provided by Vendor for purposes of the Contract ("Vendor Information's may be posted on the BuyBoard website. You acknowledge that, by submitting your Proposal, unless you specifically opt out below, you consent to use of your company's Vendor Information on the BuyBoard website if awarded a Contract. You further acknowledge that whether, where, and when to include the Vendor Information on the BuyBoard website shall be at the sole discretion of the BuyBoard Administrator. Vendor retains, however, the right of general quality control over the BuyBoard Administrator's authorized display of proprietary Vendor Information. Neither the BuyBoard nor its administrator will be responsible for the use or distribution of Vendor Information by BuyBoard members or any other third party using the BuyBoard website. This Vendor Consent shall be effective for the full term of the Contract, including renewals, unless Vendor provides a signed, written notice revoking consent to contractadmin6@buvboard.com. BuyBoard shall have up to thirty days from the date of receipt of a termination or revocation of a Vendor Consent to remove Vendor information from the BuyBoard website. This Vendor Consent is subject to the Terms and Conditions of the Contract, including, but not limited to, those terms pertaining to Disclaimer of Warranty and Limitation of Liability, Indemnification, and Intellectual Property Infringement. Vendor logo files must be submitted in one of the formats set forth in the BuyBoard Technical Requirements. Proposers are requested to submit this information with Vendor's Proposal. (This consent shall not authorize use of your company's Vendor Information by BuyBoard if your company is not awarded a Contract.) rOUA911" If your company wishes to opt out of the Vendor Consent for Name Brand Use, you must check the opt out box below. DO NOT select this box unless your company is opting out of this Vendor Consent for Name Brand Use. ❑ By checking this box, Vendor hereby declines to provide consent for use of Vendor Information (as defined herein) on the BuyBoard website. By opting out, Vendor acknowledges and agrees that, if Vendor is awarded a Contract under this Proposal Invitation, information available on the BuyBoard for Vendor's awarded products or services may be limited, potentially placing Vendor at a disadvantage and impacting the ability of Cooperative members to search, find, review, and purchase Vendor's awarded products and services on the BuyBoard website. Initial: 18 of 71 Proposal Forms COMM/SVCS v.08.11.2021 Board' PURCHASING COOPERATIVE 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buvboard.com CONFIDENTIAL/PROPRIETARY INFORMATION A. Public Disclosure Laws All Proposals, forms, documentation, catalogs, pricelists, or other materials submitted by Vendor to the Cooperative in response to this Proposal Invitation, may be subject to the disclosure requirements of the Texas Public Information Act (Texas Government Code chapter 552.001, et. seq.) or similar disclosure law. Proposer must clearly identify on this form any information in its Proposal (including forms, documentation, or other materials submitted with the Proposal) that Proposer considers proprietary or confidential. If Proposer fails to properly identify the information, the Cooperative shall have no obligation to notify Vendor or seek protection of such information from public disclosure should a member of the public or other third party request access to the information under the Texas Public Information Act or similar disclosure law. When required by the Texas Public Information Act or other disclosure law, Proposer may be notified of any third -party request for information in a Proposal that Proposer has identified in this form as proprietary or confidential. Does your Proposal (including forms, documentation, catalogs, pricelists, or other materials submitted with the Proposal) contain information which Vendor considers proprietary or confidential? Please check (-\/) one of the following: NO, I certify that none of the information included with this Proposal is considered confidential or proprietary. YES, I certify that this Proposal contains information considered confidential or proprietary and all such information is specifically identified on this form. If you responded "YES", you must clearly identify below the specific information you consider confidential or proprietary. List each page number, form number, or other information sufficient to make the information readily identifiable. The Cooperative and Cooperative administrator shall not be responsible for a Proposer's failure to clearly identify information considered confidential or proprietary. Further, by submitting a Proposal, Proposer acknowledges that the Cooperative and Cooperative administrator will disclose information when required by law, even if such information has been identified herein as information Vendor considers confidential or proprietary. Confidential / Proprietary Information: (Attach additional sheets if needed.) Initial: 19 of 71 Proposal Forms COMM/SVCS v.08.11.2021 Board' PURCHASING COOPERATIVE 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buvboard.com B. Coovriaht Information Does your Proposal (including forms, documentation, pricelists, catalogs, or other materials submitted with the Proposal) contain copyright information? Please check W) one of the following: ❑E NO, Proposal (including forms, documentation, pricelists, catalogs, or other materials submitted with the Proposal) does not contain copyright information. ❑ YES, Proposal (including forms, documentation, pricelists, catalogs, or other materials submitted with the Proposal) does contain copyright information. If you responded "YES", clearly identify below the specific documents or pages containing copyright information. Copyright Information: (Attach additional sheets if needed.) C. Consent to Release Confidential/Proorietarv/Coovriaht Information to BuvBoard Members BuyBoard members (Cooperative and nonprofit members) seeking to make purchases through the BuyBoard may wish to view information included in the Proposals of awarded Vendors. If you identified information on this form as confidential, proprietary, or subject to copyright, and you are awarded a BuyBoard contract, your acceptance of the BuyBoard contract award constitutes your consent to the disclosure of such information to BuyBoard members, including posting of such information on the secure BuyBoard website for members. Note: Neither the Cooperative nor Cooperative administrator will be responsible for the use or distribution of information by BuyBoard members or any other party. D. Consent to Release Proposal Tabulation Notwithstanding anything in this Confidential/Proprietary Information form to the contrary, by submitting a Proposal, Vendor consents and agrees that, upon Contract award, the Cooperative may publicly release, including posting on the public BuyBoard website, a copy of the proposal tabulation and award information for the Contract including Vendor name; proposed catalog/pricelist name(s); proposed percentage discount(s), hourly labor rate(s), or other specified pricing; and Vendor award or non -award information. Initial: 20 of 71 Proposal Forms COMM/SVCS v.08.11.2021 Board- PURCHASING COOPERATIVE 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buvboard.com EDGAR VENDOR CERTIFICATION (2 CFR Part 200 and Appendix II) When a Cooperative member seeks to procure goods and services using funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR 200 (sometimes referred to as the "Uniform Guidance" or new "EDGAR'�. All Vendors submitting a Proposal must complete this EDGAR Certification Form regarding Vendor's willingness and ability to comply with certain requirements which may be applicable to specific Cooperative member purchases using federal grant funds. Completed forms will be made available to Cooperative members for their use while considering their purchasing options when using federal grant funds. Cooperative members may also require Vendors to enter into ancillary agreements, in addition to the terms and conditions of the BuyBoard contract, to address the member's specific contractual needs, including contract requirements for a procurement using federal grants or contracts. For each of the items below, Vendor should certify Vendor's agreement and ability to comply, where applicable, by having Vendor's authorized representative check the applicable boxes, initial each page, and sign the Compliance Forms Signature Page, If you fail to complete any item in this form, the Cooperative will consider and may list the Vendor's response on the BuyBoard as "NO,"the Vendor is unable or unwilling to comply, A "NO" response to any of the items may, if applicable, impact the ability of a Cooperative member to purchase from the Vendor using federal funds. 1. Vendor Violation or Breach of Contract Terms: Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 USC 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Provisions regarding Vendor default are included in the BuyBoard General Terms and Conditions, including Section E.18, Remedies for Default and Termination of Contract. Any Contract award will be subject to such BuyBoard General Terms and Conditions, as well as any additional terms and conditions in any Purchase Order or Cooperative member ancillary contract agreed upon by Vendor and the Cooperative member which must be consistent with and protect the Cooperative member at least to the same extent as the BuyBoard Terms and Conditions. The remedies under the Contract are in addition to any other remedies that may be available under law or in equity. By submitting a Proposal, you agree to these Vendor violation and breach of contract terms. 4 YES, I agree. ❑ NO, I do not agree. 2. Termination for Cause or Convenience: For any Cooperative member purchase or contract in excess of $10,000 made using federal funds, you agree that the following term and condition shall apply: The Cooperative member may terminate or cancel any Purchase Order under this Contract at any time, with or without cause, by providing seven (7) business days advance written notice to the Vendor. If this Agreement is terminated in accordance with this Paragraph, the Cooperative member shall only be required to pay Vendor for goods or services delivered to the Cooperative member prior to the termination and not otherwise returned in accordance with Vendor's return policy. If the Cooperative member has paid Vendor for goods or services not yet provided as of the date of termination, Vendor shall immediately refund such payment(s). If an alternate provision for termination of a Cooperative member purchase for cause and convenience, including the manner by which it will be effected and the basis for settlement, is included in the Cooperative member's Purchase Order or ancillary agreement agreed to by the Vendor, the Cooperative member's provision shall control. YES, I agree. ❑ NO, I do not agree. Initial: 21 of 71 Proposal Forms COMM/SVCS v.08.11.2021 Board' PURCHASING COOPERATIVE 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buvboard.com 3. Equal Employment Opportunity: Except as otherwise provided under 41 CFR Part 60, all Cooperative member purchases or contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR Part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Vendor agrees that such provision applies to any Cooperative member purchase or contract that meets the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 and Vendor agrees that it shall comply with such provision. 4 YES, I agree. ❑ NO, I do not agree. 4. Davis -Bacon Act: When required by Federal program legislation, Vendor agrees that, for all Cooperative member prime construction contracts/purchases in excess of $2,000, Vendor shall comply with the Davis -Bacon Act (40 USC 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction'). In accordance with the statute, Vendor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determinate made by the Secretary of Labor. In addition, Vendor shall pay wages not less than once a week. Current prevailing wage determinations issued by the Department of Labor are available at beta.sam.gov. Vendor agrees that, for any purchase to which this requirement applies, the award of the purchase to the Vendor is conditioned upon Vendor's acceptance of the wage determination. Vendor further agrees that it shall also comply with the Copeland "Anti -Kickback" Act (40 USC 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. A YES, I agree. ❑ NO, I do not agree. 5. Contract Work Hours and Safety Standards Act: Where applicable, for all Cooperative member contracts or purchases in excess of $100,000 that involve the employment of mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 USC 3702 of the Act, Vendor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 USC 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. A YES, I agree. ❑ NO, I do not agree. Initial• 22 of 71 Proposal Forms COMM/SVCS v.08.11.2021 Board' PURCHASING COOPERATIVE 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buvboard.com 6. Right to Inventions Made Under a Contract or Agreement: If the Cooperative member's Federal award meets the definition of "funding agreement" under 37 CFR 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance or experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Vendor agrees to comply with the above requirements when applicable. A YES, I agree. ❑ NO, I do not agree. 7. Clean Air Act and Federal Water Pollution Control Act: Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act (33 USC 1251-1387), as amended — Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act, as amended (33 USC 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). When required, Vendor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act. 4 YES, I agree. ❑ NO, I do not agree. 8. Debarment and Suspension: Debarment and Suspension (Executive Orders 12549 and 12689) — A contract award (see 2 CFR 180.220) must not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that Vendor is not currently listed on the government -wide exclusions in SAM, is not debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor further agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from Vendor if Vendor is later listed on the government -wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. A YES, I agree. ❑ NO, I do not agree. 9. Byrd Anti -Lobbying Amendment: Byrd Anti -Lobbying Amendment (31 USC 1352) - Vendors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. As applicable, Vendor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 USC 1352). 4 YES, I agree. ❑ NO, I do not agree. Initial: 23 of 71 Proposal Forms COMM/SVCS v.08.11.2021 Board' PURCHASING COOPERATIVE 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buvboard.com 10. Procurement of Recovered Materials: For Cooperative member purchases utilizing Federal funds, Vendor agrees to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information and certifications as a Cooperative member may require to confirm estimates and otherwise comply. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery, and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. A YES, I agree. ❑ NO, I do not agree. 11. Domestic Preferences for Procurements: Where appropriate and consistent with law, 2 CFR §200.322 contains certain considerations for domestic preferences for procurements which may be applicable to Cooperative members using federal funds. When required by a Cooperative member, Vendor agrees to provide such information or certification as may reasonably be requested by the Cooperative member regarding Vendor's products, including whether goods, products, or materials are produced in the United States. A YES, I agree. ❑ NO, I do not agree. 12. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment 2 CFR §200.216 prohibits expending federal loan or grant funds to procure or obtain certain telecommunications and video surveillance services or equipment. To the extent applicable and when required by a Cooperative member, Vendor agrees to provide such information or certification as may reasonably be requested by the Cooperative member to confirm whether any telecommunications or video surveillance services or equipment provided by Vendor is covered equipment or covered services under 2 CFR §200.216. 4 YES, I agree. ❑ NO, I do not agree. 13. Profit as a Separate Element of Price: For purchases using federal funds in excess of the Simplified Acquisition Threshold, a Cooperative member may be required to negotiate profit as a separate element of the price. See, 2 CFR 200.324(b). When required by a Cooperative member, Vendor agrees to provide information and negotiate with the Cooperative member regarding profit as a separate element of the price for a particular purchase. However, Vendor agrees that the total price, including profit, charged by Vendor to the Cooperative member shall not exceed the awarded pricing, including any applicable discount, under Vendor's Cooperative Contract. A YES, I agree. ❑ NO, I do not agree. 14. General Compliance and Cooperation with Cooperative Members: In addition to the foregoing specific requirements, Vendor agrees, in accepting any Purchase Order from a Cooperative member, it shall make a good faith effort to work with Cooperative members to provide such information and to satisfy such requirements as may apply to a particular Cooperative member purchase or purchases including, but not limited to, applicable recordkeeping and record retention requirements. 11 YES, I agree. ❑ NO, I do not agree. Initial: 24of71 Proposal Forms COMM/SVCS v.08.11.2021 Board' PURCHASING COOPERATIVE 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buvboard.com COMPLIANCE FORMS SIGNATURE PAGE By initialing pages and by signature below, I certify that I have reviewed the following forms; that the information provided therein is true, complete, and accurate; and that I am authorized by my company to make all certifications, consents, acknowledgements, and agreements contained herein: ■ Proposal Acknowledgements ■ Felony Conviction Disclosure ■ Debarment Certification ■ Resident/Nonresident Certification ■ Vendor Employment Certification • No Boycott Verification ■ No Excluded Nation or Foreign Terrorist Organization Certification ■ Historically Underutilized Business Certification ■ Construction -Related Goods and Services Affirmation ■ Acknowledgement of BuyBoard Technical Requirements ■ Deviation and Compliance ■ Vendor Consent for Name Brand Use • Confidential/Proprietary Information ■ EDGAR Vendor Certification Buyers Barricades, Inc. Company Name Signature of Authorized Company Official Cole Benton / Director Of Estimating Printed Name and Title 01 /13/2023 Date 25 of 71 Proposal Forms COMM/SVCS v.08.11.2021 Board' PURCHASING COOPERATIVE 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buvboard.com PROPOSAL FORMS PART 2: VENDOR INFORMATION FORMS INSTRUCTIONS: Proposer must completely and accurately provide all information requested in the following Vendor Information Forms or your Proposal may be rejected as non -responsive: ■ Vendor Business Name ■ Vendor Contact Information ■ Federal and State/Purchasing Cooperative Experience ■ Governmental References ■ Company Profile ■ Texas Regional Service Designation ■ State Service Designation ■ National Purchasing Cooperative Vendor Award Agreement (vendors serving outside Texas only) ■ Local/Authorized Seller Listings ■ Manufacturer Dealer Designation ■ Proposal Invitation Questionnaire ■ Vendor Request to Self -Report BuyBoard Purchases (optional) To the extent any information requested is not applicable to your company, you must so indicate on the form. VENDOR BUSINESS NAME By submitting a Proposal, Vendor is seeking to enter into a legal contract with the Cooperative. As such, Vendor must be an individual or legal business entity capable of entering into a binding contract. Name of Pr000sina Comoanv: Buyers Barricades, Inc. (List the legal name of the company seeking to contract with the Cooperative. Do NOT list an assumed name, dba, aka, etc. here. Such information may be provided below. If you are submitting a joint proposal with another entity to provide the same proposed goods or services, each submitting entityshould complete a separate vendor information form. Separately operating legal business entities, even if afliated entities, which propose to provide goods or services separately must submit their own Proposals.) Please check (-\/) one of the following: Woe of Business: ❑ Individual/Sole Proprietor ❑ Other (Specify: State of Incorooration (If applicable): Texas 11 Corporation ❑ Limited Liability Company ❑ Partnership Federal Emalover Identification Number: 75-2963599 (Vendor must include a completed IRS W-9 form with their Proposal) Name by which Vendor, if awarded, wishes to be identified on the BuvBoard: (Note.. If different than the Name of Proposing Company listed above, only valid trade names (dba, aka, etc.) of the Proposing Company may be used and a copy of your Assumed Name Certihcate(s), if applicable, must be attached.) Buyers Barricades, Inc. 26 of 71 Proposal Forms COMM/SVCS v.08.11.2021 Form W"9 Request for Taxpayer (Rev. October 2018) Identification Number and Certification Department of the Treasury Intemal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required an this tine; do not leave this line blank. Buyers Barricades, Inc 2 Business name/disregarded entity name, if different from above Give Form to the requester. Do not send to the IRS. 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to following seven boxes. certain entities, not individuals; see instructions on page 3): ElIndividual/sole proprietor or ❑v C Corporation ElS Corporation ❑ Partnership ❑ Trust/estate single -member LLC Exempt payee code Cif any) N/A ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► Note: Check the appropriate box In the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code (if any} N/A another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ Other (see Instructions)► (Appfas ra accounts mahtm-d outside the U.S.) 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) 7409 Baker Blvd 6 City, state, and ZIP code Richland Hills, TX 7611 S 7 List account number(s) here (optional} Remit to Address: PO Sox 95368 Grapevine, TX 76099-9733 Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid social security number backup withholding. For individuals, this is generally your social security number (SSN). However, for a _ m resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see Now to get a TIN, later, or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. M75 — 2 9 6 I3 5 9 9 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and divide , you are not requi7jto sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. Sign Signature of Flee O.S. person ► r = Date ► General Instructions Section references are to the Intemal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/F`ormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (iTIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding_ See What is backup withholding, later_ Cat. No. 10231X Form W-9 (Rev. 10-201a) VBoard' URCHASING COOPERATIVE 12007 Research Boulevard , Austin, Texas 78759-2439 , PH: 800-695-2919 , buvboard.com VENDOR CONTACT INFORMATION Vendor shall provide the requested Vendor Contact Information in the electronic proposal submission system including contract, purchase order, RFQ, and invoice contacts (or, if submitting a hard copy Proposal, timely request and complete the Vendor Contact Information form in accordance with the Instructions to Proposers). FEDERAL AND STATE/PURCHASING COOPERATIVE EXPERIENCE The Cooperative strives to provide Cooperative members with the best services and products at the best prices available from Vendors with the technical resources and ability to serve Cooperative members. Please respond to the following questions. Provide the dollar value of sales to or through purchasing cooperatives at or based on an established catalog or market price during the previous 12-month period or the last fiscal year: $ $180,264.53 . (The period of the 12-month period is 2021 / 2022 ). In the event that a dollar value is not an appropriate measure of the sales, provide and describe your own measure of the sales of the item(s). By submitting a proposal, you agree that, based on your written discounting policies, the discounts you offer the Cooperative are equal to or better than the best price you offer other purchasing cooperatives for the same items under equivalent circumstances. Provide the information requested below for other purchasing cooperatives for which Proposer currently serves, or in the past has served, as an awarded vendor. Rows should be added to accommodate as many purchasing cooperatives as required. 1. Federal General Services Administration N 2. T-PASS (state of Texas) N 3. OMNIA Partners N 4. Sourcewell (NJPA) N 5. E&I Cooperative N 6. Houston -Galveston Area Council (HGAC) N 7. Choice Partners N 8. The Interlocal Purchasing System (TIPS) N 9. Other N ❑■ MY COMPANY DOES NOT CURRENTLY HAVE ANY OF THE ABOVE OR SIMILAR TYPE CONTRACTS. CURRENT BUYBOARD VENDORS If you are a current BuyBoard vendor in the same contract category as proposed in this Proposal Invitation, indicate the discount for your current BuyBoard contract and the proposed discount in this Proposal. Explain any difference between your current and proposed discounts. Current Discount (%): 5%-1 0% Proposed Discount (%): 5%-10% Explanation: n/a 27 of 71 Proposal Forms COMM/SVCS v.08.11.2021 Board' PURCHASING COOPERATIVE 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buvboard.com GOVERNMENTAL REFERENCES For your Proposal to be considered, you must supply a minimum of five (5) individual governmental entity references. The Cooperative may contact any and all references provided as part of the Proposal evaluation. Provide the information requested below, including the existing pricing/discounts you offer each customer. The Cooperative may determine whether pricing/discounts are fair and reasonable by comparing pricing/discounts stated in your Proposal with the pricing/discounts you offer other governmental customers. Attach additional pages if necessary. Quantity/ Entitv Name Contact Phone# Email Address Discount Volume 1 City of Fort Worth/Alyssa Wilkerson/817-392-8357/Alyssa.wilkerson@fortworthtexas.gov/5%/5% 2 Denton ISD/Diarael Sanchez/817-705-3143/dsanchez2@dentonisd.com/5%/5% 3 City of River Oaks/Jeremy Bell/682-309-1793/jbell@riveroakstx.com/5%/5% 4 City of North Richland Hills/David Nichols/817-427-6440/dnichols@nrhtx.com/5%/5% 5 City of Arlington - Public Work/Patrick Simpson/817-459-5410/patricksimpson@arlingtontx.gov/5°/o/5% Do you ever modify your written policies or standard governmental sales practices as identified in the above chart to give better discounts (lower pricing) than indicated? YES ❑■ NO ❑ If YES, please explain: Occasionally based on circumstances of sale/use, quantities, emergencies, natural disasters, etc. COMPANY PROFILE Information on awarded Cooperative Contracts is available to Cooperative Members on the BuyBoard website. If your company is awarded a Contract under this Proposal Invitation, please provide a brief company description that you would like to have included with your company profile on the BuyBoard website. Submit your company profile in a separate file, in Word format, with your Proposal. (Note: Vendor is solely responsible for any content provided for inclusion on the BuyBoard website. The Cooperative reserves the right to exclude or remove any content in its sole discretion, with or without prior notice, including but not limited to any content deemed by the Cooperative to be inappropriate, irrelevant to the Contract, inaccurate, or misleading.) 28 of 71 Proposal Forms COMM/SVCS v.08.11.2021 COMPANY PROFILE Founded in 1984, Buyers Barricades is a customer -focused business, serving the great state of Texas from our locations in DFW, Houston, and San Antonio. Steve Buyers began his career as a construction superintendent servicing a project at DFW Airport where he hired a barricade company to handle traffic control. After days of poor customer service, Steve decided to take matters into his own hands. Within 24 hours, Steve started Buyers Barricades with nothing more than his'65 Chevy pickup, a 16-foot trailer, and the vow to run his business by the golden rule. While we're proud of our steady growth over the years, we're even more proud of our unwavering dedication to our customers. Steve's commitment to run a service -focused barricade company lives on as our business has expanded to serve the entire state of Texas and beyond. Buyers Barricades is sharply focused on the importance of family, integrity, quality, customer dedication, and working hard to foster healthy, long-lasting relationships. Board PURCHASING COOPERATIVE 12007 Research Boulevard ' Austin, Texas 78759-2439 ' PH: 800-695-2919 ' buvboard.com TEXAS REGIONAL SERVICE DESIGNATION This form must be completed in the electronic proposal submission system (or, if submitting a hard copy Proposal, timely reauest and complete the form in accordance with the Instructions to Proposers), The Cooperative (referred to as "Texas Cooperative" in this form and in the State Service Designation form) offers vendors the opportunity to service its members throughout the entire State of Texas. In the electronic proposal submission system, you must indicate if you will service Texas Cooperative members statewide or, if you do not plan to service all Texas Cooperative members statewide, you must indicate the specific regions you will service. If you propose to serve different regions for different products or services included in your Proposal, you must complete and submit a separate Texas Regional Service Designation form for each group of products and clearly indicate the products or services to which the designation applies. (Additional forms can be obtained by contacting bids()buvboard.com at least five (5) business days prior to the Proposal Due Date.) By designating a region or regions, you are certifying that you are authorized and willing to provide the proposed products and services in those regions Designating regions in which you are either unable or un willing to pro vide the specified products and services shall be grounds for either rejection of your Proposal or, if awarded, termination of your Contract, Additionally, if you do not plan to service Texas Cooperative members (i.e., if you will service only states other than Texas), you must so indicate on the form in the electronic proposal submission system. Regional Education Service Centers Z %--I — Reaion and Headauarters 1 Edinburg 2 Corpus Christi 3 Victoria 4 Houston 5 Beaumont 6 Huntsville 7 Kilgore 8 Mount Pleasant 9 Wichita Falls 10 Richardson 11 Fort Worth 12 Waco 13 Austin 14 Abilene 15 16 San Angelo Amapffilln 17 18 11 i i�c bbQcr.U1 i i�c-bbQcrk Midland 19 El Paso 20 San Antonio 29of71 Proposal Forms COMM/SVCS v.08.11.2021 Board° PURCHASING COOPERATIVE 12007 Research Boulevard • Austin, Texas 78759-2439 - PH: 800-695-2919 • buvboard.com STATE SERVICE DESIGNATION This form must be completed in the electronic proposal submission system (or, if submitting a hard copy Proposal, timely reauest and complete the in accordance with the Instructions to Proposers), As set forth in the Proposal Invitation, it is the Cooperative's intent that other governmental entities in the United States have the opportunity to purchase goods or services awarded under the Contract, subject to applicable state law, through a piggy- back award or similar agreement through the National Purchasing Cooperative BuyBoard. If you plan to service the entire United States or only specific states, you must complete the State Service Designation information in the electronic proposal submission system. (Note: If you plan to service Texas Cooperative members, be sure that you complete the Texas Regional Service Designation form.) In addition to this form, to be considered for a piggy -back award by the National Purchasing Cooperative, you must have an authorized representative sign the National Purchasing Cooperative Vendor Award Agreement that follows this page. If you serve different states for different products or services included in your Proposal, you must complete and submit a separate State Service Designation form for each group of products and clearly indicate the products or services to which the designation applies. (Additional forms can be obtained by contacting bids(a)buvboard.com at least five (5) business days prior to the Proposal Due Date.) By designating a state or states, you are certifying that you are authorized and willing to pro vide the proposed products and services in those states Designating states in which you are either unable or unwilling to provide the specified products and services shall be grounds for either rejection of your Proposal or, if awarded, termination of your Contract; ■ I will service all states in the United States. ■ I will not service all states in the United States. Alabama Alaska Nebraska Arizona Nevada Arkansas New Hampshire California (Public Contract Code 20118 & 20652) New Jersey Colorado New Mexico Connecticut New York Delaware North Carolina District of Columbia North Dakota Florida Ohio Georgia Oklahoma Hawaii Oregon Idaho Pennsylvania Illinois Rhode Island Indiana South Carolina Iowa South Dakota Kansas Tennessee Kentucky Texas Louisiana Utah Maine Vermont Maryland Virginia Massachusetts Washington Michigan West Virginia Minnesota Wisconsin Mississippi Wyoming Missouri Montana Proposal Forms COMM/SVCS v.08.11.2021 30 of 71 Board° PURCHASING COOPERATIVE 12007 Research Boulevard • Austin, Texas 78759-2439 - PH: 800-695-2919 • buvboard.com NATIONAL PURCHASING COOPERATIVE VENDOR AWARD AGREEMENT In accordance with the Terms and Conditions associated with this Proposal Invitation, a contract awarded under this Proposal Invitation may be "piggy -backed" by another governmental entity. The National Purchasing Cooperative is an intergovernmental purchasing cooperative formed by certain school districts outside of Texas to serve its members throughout the United States. If you agree to be considered for a piggy -back award by the National Purchasing Cooperative, you agree to the following terms and agree to serve National Purchasing Cooperative members in the states you have indicated on the State Service Designation form, in your Proposal. By signing this form, Proposer (referred to in this Agreement as "Vendor") agrees as follows: 1. Vendor acknowledges that if The Local Government Purchasing Cooperative ("Texas Cooperative's awards Vendor a contract under this Proposal Invitation ("Underlying Award', the National Purchasing Cooperative ("National Cooperative' may - but is not required to - "piggy -back" on or re -award all or a portion of that Underlying Award ("Piggy -Back Award'. By signing this National Cooperative Vendor Award Agreement ("Agreement's, Vendor accepts and agrees to be bound by any such Piggy -Back Award as provided for herein. 2. In the event National Cooperative awards Vendor a Piggy -Back Award, the National Cooperative Administrator ("BuyBoard Administrator's will notify Vendor in writing of such Piggy -Back Award, which award shall commence on the effective date stated in the Notice and end on the expiration date of the Underlying Award, subject to annual renewals as authorized in writing by the BuyBoard Administrator. Vendor agrees that no further signature or other action is required of Vendor in order for the Piggy -Back Award and this Agreement to be binding upon Vendor. Vendor further agrees that no interlineations or changes to this Agreement by Vendor will be binding on National Cooperative, unless such changes are agreed to by its BuyBoard Administrator in writing. 3. Vendor agrees that it shall offer its goods and services to National Cooperative members at the same unit pricing and same general terms and conditions, subject to applicable state laws in the state of purchase, as required by the Underlying Award. However, nothing in this Agreement prevents Vendor from offering National Cooperative members better (i.e., lower) competitive pricing and more favorable terms and conditions than those in the Underlying Award. 4. Vendor hereby agrees and confirms that it will serve those states it has designated on the State Service Designation Form of this Proposal Invitation. Any changes to the states designated on the State Service Designation Form must be approved in writing by the BuyBoard Administrator. 5. Vendor agrees to pay National Cooperative the service fee provided for in the Underlying Award based on the amount of purchases generated from National Cooperative members through the Piggy -Back Award. Vendor shall remit payment to National Cooperative on such schedule as it specifies (which shall not be more often than monthly). Further, upon request, Vendor shall provide National Cooperative with copies of all purchase orders generated from National Cooperative members, vendor invoices, and/or such other documentation regarding those purchase orders as the Cooperative's administrators may require in their reasonable discretion for purposes of reviewing and verifying purchase activity. Vendor further agrees that National Cooperative shall have the right, upon reasonable written notice, to review Vendor's records pertaining to purchases made by National Cooperative members in order to verify the accuracy of service fees. 6. Vendor agrees that the Underlying Award, including its General Terms and Conditions, are adopted by reference to the fullest extent such provisions can reasonably apply to the post-proposal/contract award phase. The rights and responsibilities that would ordinarily inure to the Texas Cooperative pursuant to the Underlying Award shall inure to National Cooperative; and, conversely, the rights and responsibilities that would ordinarily inure to Vendor in the Underlying Award shall inure to Vendor in this Agreement. Vendor recognizes and agrees that Vendor and National Cooperative are the only parties to this Agreement, and that nothing in this Agreement has application to other third parties, including the Texas Cooperative. In the event of conflict between this Agreement and the terms of the Underlying Award, the terms of this Agreement shall control, and then only to the extent necessary to reconcile the conflict. Proposal Forms COMM/SVCS v.08.11.2021 31 of 71 Board° PURCHASING COOPERATIVE 12007 Research Boulevard • Austin, Texas 78759-2439 - PH: 800-695-2919 • buvboard.com 7. This Agreement shall be governed and construed in accordance with the laws of the State of Rhode Island and venue for any dispute shall lie in the federal district court of Alexandria, Virginia. 8. Vendor acknowledges and agrees that the award of a Piggy -Back Award is within the sole discretion of National Cooperative, and that this Agreement does not take effect unless and until National Cooperative awards Vendor a Piggy -Back Award and the BuyBoard Administrator notifies Vendor in writing of such Piggy -Back Award as provided for herein. WHEREFORE, by signing below Vendor agrees to the foregoing and warrants that it has the authority to enter into this Agreement. Buyers Barricades, Inc. Name of Vendor Signature of Authorized Company Official 01/13/2023 Date 703-23 Proposal Invitation Number Cole Benton Printed Name of Authorized Company Official Proposal Forms COMM/SVCS v.08.11.2021 32 of 71 Board° PURCHASING COOPERATIVE 12007 Research Boulevard • Austin, Texas 78759-2439 - PH: 800-695-2919 • buvboard.com LOCATION/AUTHORIZED SELLER LISTINGS If you have more than one location/authorized seller that will service a Contract awarded under this Proposal Invitation, please list each location/authorized seller below. If additional sheets are required, please duplicate this form as necessary. NOTE: Awarded Vendors shall remain responsible for all aspects of the Contract, including processing of Purchase Orders, and shall be responsible for the performance of all locations and authorized sellers under and in accordance with the Contract. If you are a product manufacturer and wish to designate Designated Dealers as defined in the General Terms and Conditions to receive Cooperative member Purchase Orders on your behalf, you must complete the Manufacturer Designated Dealer form, Buyers Barricades, Inc (Richland Hills, TX) Buyers Barricades, Inc (Richland Hills, TX) Cole Benton Alex Thlang 7409 Baker Blvd. Richland Hills, Tx 76118 cole@buyersbarricades.com 817-535-3939 7409 Baker Blvd. Richland Hills, Tx 76118 alex@buyersbarricades.com 817-535-3939 Proposal Forms COMM/SVCS v.08.11.2021 33 of 71 Board° PURCHASING COOPERATIVE 12007 Research Boulevard • Austin, Texas 78759-2439 - PH: 800-695-2919 • buvboard.com MANUFACTURER DEALER DESIGNATION If Vendor is a manufacturer that sells products through a dealer network and wishes to designate a dealer or multiple dealers ("Designated Dealers' to receive Cooperative member Purchase Orders on Vendor's behalf, you must complete this form for each dealer you wish to designate. Regardless of any Designated Dealers submitted by Vendor, Vendor specifically agrees and acknowledges that any such designations are for Vendor's convenience only and shall not, if Vendor is awarded a Contract, relieve Vendor of any obligations under the Contract, including payment of Cooperative service fees on all Purchase Orders submitted to Vendor or any Designated Dealer. In accordance with the General Terms and Conditions, an awarded Vendor shall remain responsible and liable for all of its obligations under the Contract and the performance of both Vendor and any of Vendor's Designated Dealers under and in accordance with the Contract and remain subject to all remedies for default thereunder, including, but not limited to suspension and termination of Vendor's Contract for nonpayment of service fees. If awarded, Vendor authorizes the Cooperative, in its sole discretion, to list any Vendor Designated Dealers in the BuyBoard system and to receive Purchase Orders directly from Cooperative members on behalf of Vendor. To the extent a Vendor with Designated Dealers receives a Purchase Order directly, it shall be the responsibility of Vendor to appropriately process such Purchase Order in accordance with the Contract, including but not limited to timely forwarding such Purchase Order to a Designated Dealer for processing. The Cooperative reserves the right, in its sole discretion, to refuse addition of, or request removal of, any Designated Dealer, and Vendor agrees to immediately require such Designated Dealer to cease accepting Purchase Orders or otherwise acting on Vendor's behalf under the Contract. Further, the Cooperative administrator shall be authorized to remove or suspend any or all Designated Dealers from the BuyBoard at any time in its sole discretion. If you wish to designate a dealer to service a contract awarded under this Proposal Invitation, please list the Designated Dealer below. If you wish to designate multiple dealers, please duplicate this form as necessary. Designated Dealer Name Designated Dealer Contact Person Designated Dealer Address City State Zip Phone Number Fax Number Email address Designated Dealer Tax ID Number* (*attach W-9) Proposal Forms COMM/SVCS v.08.11.2021 34of71 Board° PURCHASING COOPERATIVE 12007 Research Boulevard • Austin, Texas 78759-2439 - PH: 800-695-2919 • buvboard.com PROPOSAL INVITATION QUESTIONNAIRE The Cooperative will use your responses to the questions below in evaluating your Proposal and technical and financial resources to provide the goods and perform the services ("Work") under the BuyBoard contract contemplated by this Proposal Invitation ("Contract"). Proposers must fully answer each question, numbering your responses to correspond to the questions/numbers below. Proposers must complete below or attach your responses to this questionnaire and submit in one document with your Proposal. You must submit the questionnaire and responses with your Proposal or the Proposal will not be considered. 1. List the number of years Proposer has been in business and former business names (if applicable). Note whether your company is currently for sale or involved in any transaction that would significantly alter its business or result in acquisition by another entity. 39 Years 2. Describe the resources Proposer has to manage staff and successfully perform the Work contemplated under this Contract. State the number and summarize the experience of company personnel who may be utilized for the Work, including those who will be available to Cooperative members for assistance with project development, technical issues, and product selection for Work associated with this Contract. Buyers Barricades has designated a dedicated contact at the branch level to assist with sales and support for clients on this contract. 3. Marketina Strateav: For your Proposal to be considered, you must submit the Marketing Strategy you will use if the Cooperative accepts all or part of your Proposal. (Example: Explain how your company will initially inform Cooperative members of your BuyBoard Contract, and how you will continue to support the BuyBoard for the duration of the Contract term.) Attach additional pages if necessary. Explain how your company will initially inform Cooperative members of your BuyBoard Contract, and how you will continue to support the BuyBoard Proposal Forms COMM/SVCS v.08.11.2021 35 of 71 Board° PURCHASING COOPERATIVE 12007 Research Boulevard • Austin, Texas 78759-2439 - PH: 800-695-2919 • buvboard.com 4. Describe Proposer's financial capability to perform the Contract. State or describe the firm's financial strength and rating, bonding capacity, and insurance coverage limits. State whether the firm, or any of the firm's past or present owners, principal shareholders or stockholders, or officers, have been a debtor party to a bankruptcy, receivership, or insolvency proceeding in the last 7 years, and identify any such debtor party by name and relationship to or position with your firm. Buyers Barricades is in good financial health. The company continues to grow its revenue, assets, headcount, and profitability. We continue to take on larger projects, signing up the three highest dollar contracts and longest duration contracts in the company's history last year. All indications are 2023 will be another very successful year. None of the firm's pastor present owners, principal shareholders or stockholders, or officers has been a debtor party to a bankruptcy, receivership, or insolvency proceeding in the last seven years. 5. Does your company have any outstanding financial judgments and/or is it currently in default on any loan or financing agreement? If so, provide detailed information on the nature of such items and prospects for resolution. WR 6. List all contracts, if any, in the last 10 years on which Proposer has defaulted, failed to complete or deliver the work, or that have been terminated for any reason. For each such contract, provide the project name, scope, value and date and the name of the procuring entity. Fully explain the circumstances of the default, failure to complete or deliver the work, or termination. N/A 7. List all litigation or other legal proceedings (including arbitration proceedings), if any, in the last 10 years brought against your firm, or any of the firm's past or present owners, principal shareholders or stockholders, officers, agents or employees, that relate to or arise from a contract similar to this Contract or the Work contemplated under this Contract. Provide the style of the lawsuit or proceeding (name of parties and court or tribunal in which filed), nature of the claim, and resolution or current status. 01.111 Proposal Forms COMM/SVCS v.08.11.2021 36 of 71 Board° PURCHASING COOPERATIVE 12007 Research Boulevard , Austin, Texas 78759-2439 - PH: 800-695-2919 , buvboard.com VENDOR REOUEST TO SELF -REPORT BUYBOARD PURCHASES The General Terms and Conditions require that all Purchase Orders generated by or under any Contract awarded under this Proposal Invitation be processed through the BuyBoard and, except as expressly authorized in writing by the Cooperative administrator, Vendors are not authorized to process Purchase Orders received directly from Cooperative members that have not been processed through the BuyBoard or provided to the Cooperative. In accordance with this provision, Vendor may request authorization of the Cooperative administrator to self -report Cooperative member purchases if awarded a Contract under this Proposal Invitation. By making such a request, Vendor acknowledges and agrees that self -reporting is specifically subject to and conditioned upon (1) Vendor's agreement to the Additional Terms and Conditions for BuyBoard Self -Reporting which are included in this Proposal Invitation and incorporated herein for all purposes and (2) approval of this request in writing by the Cooperative administrator. Note. This form is NOT required as part of your proposal. You should sign and return this form ONLY if you wish to request authorization to self -report BuyBoard purchases Any request to self -report will not be effective, and Vendor shall not be authorized to self -report BuyBoard member purchases, unless and until (1) Vendor is awarded a Contract under this Proposal Invitation, and (2) the request has been approved in writing by the Cooperative administrator. By my signature below, I hereby request authorization from the Cooperative administrator to self -report BuyBoard purchases if my company is awarded a Contract. I certify that I am authorized by the above -named Vendor to approve this form, and I have received and read the Additional Terms and Conditions for BuyBoard Self -Reporting included in this Proposal Invitation and do hereby approve and agree to such terms and conditions on behalf of Vendor, NAME OF VENDOR: Buyers Barricades, Inc. Signature of Vendor Authorized Representative Printed Name: Cole Benton Title: Director Of Estimating Date: 01 /13/2023 (For Cooperative Administrator Use Only) Approved by BuyBoard Administrator: Effective/Start Date for Self -Reporting: Proposal Forms COMM/SVCS v.08.11.2021 37of71 Board° PURCHASING COOPERATIVE 12007 Research Boulevard , Austin, Texas 78759-2439 - PH: 800-695-2919 , buvboard.com REOUIRED FORMS CHECKLIST (Please check (-\/) the following) 0 Reviewed/Completed: Proposer's Acceptance and Agreement PROPOSAL FORMS PART 1: COMPLIANCE FORMS Reviewed/Completed: Proposal Acknowledgements Reviewed/Completed: Felony Conviction Disclosure Reviewed/Completed: Resident/Nonresident Certification Reviewed/Completed: Debarment Certification Reviewed/Completed: Vendor Employment Certification Reviewed/Completed: No Boycott Verification Reviewed/Completed: No Excluded Nation or Foreign Terrorist Organization Certification Reviewed/Completed: Historically Underutilized Business Certification Reviewed/Completed: Acknowledgement of BuyBoard Technical Requirements Reviewed/Completed: Construction -Related Goods and Services Affirmation Reviewed/Completed: Deviation and Compliance Reviewed/Completed: Vendor Consent for Name Brand Use Reviewed/Completed: Confidential/Proprietary Information Reviewed/Completed: EDGAR Vendor Certification Reviewed/Completed: Compliance Forms Signature Page PROPOSAL FORMS PART 2: VENDOR INFORMATION FORMS Reviewed/Completed: Vendor Business Name Reviewed/Completed: Vendor Contact Information (complete in electronic oroposa/submission system) Reviewed/Completed: Federal and State/Purchasing Cooperative Experience Reviewed/Completed: Governmental References Reviewed/Completed: Company Profile Reviewed/Completed: Texas Regional Service Designation (complete in eiectronicproposaisubmission system) Reviewed/Completed: State Service Designation (complete in electronic oroposa/submission system) Reviewed/Completed: National Purchasing Cooperative Vendor Award Agreement (vendors serving outside Texas only) Reviewed/Completed: Local/Authorized Seller Listings Reviewed/Completed: Manufacturer Dealer Designation Reviewed/Completed: Proposal Invitation Questionnaire Reviewed/Completed: Vendor Request to Self -Report BuyBoard Purchases (optional) 0 Reviewed/Completed: Proposal Specifications Discount (%) off Catalog/Pricelist and/or other required pricing information including Catalogs/Pricelists (or no bid response) must be submitted with the Proposal or the Proposal will not be considered. Proposal Forms COMM/SVCS v.08.11.2021 39 of 71 Board° PURCHASING COOPERATIVE 12007 Research Boulevard • Austin, Texas 78759-2439 - PH: 800-695-2919 • buvboard.com PROPOSAL SPECIFICATION SUMMARY The categories and items specified for this Proposal Invitation are summarized below. For full Proposal Specifications, you must review and complete the Proposal Specification information in the electronic proposal submission system in accordance with the Instructions to Proposers (or, if submitting a hard copy Proposal, timely request and complete the Proposal Specification Form in accordance with the Instructions to Proposers). PROPOSAL NOTE: Vendors shall submit catalog (s)/pricelist(s) with their Proposal response, or the Proposal will not be considered. Vendors shall submit catalog (s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No saner cataloas or manufacturer/vendor websites will be accented. Section I: Eauipment. Products, and Sunnlies 1. Discount (%) off catalog/pricelist for Highway Safety Products, Supplies, and Equipment. 2. Discount (%) off catalog/pricelist for Traffic Control Products, Supplies, and Equipment. 3. Discount (%) off catalog/pricelist for Pavement Marking Supplies and Equipment. 4. Discount (%) off catalog/pricelist for Delineation Products and Object Markers. 5. Discount (%) off catalog/pricelist for Road Signs, Posts, and Hardware. 6. Discount (%) off catalog/pricelist for Fire Hydrants and Accessories. 7. Discount (%) off catalog/pricelist for Wheel Wash Systems (In Ground) and (Above Ground). 8. Discount (%) off catalog/pricelist for Locking Systems for Highway/Safety Products (storm sewer grate, traffic signal cabinet, man -hole cover, and other related locking systems). 9. Discount (%) off catalog/pricelist for Animal Cages, Traps, and Accessories for Roads and Highways. 10. Discount (%) off catalog/pricelist for Herbicides and Weed Control Products for Roads and Highways. 11. Discount (%) off catalog/pricelist for Oil and Hazardous Material Spill Remediation Products and Supplies. 12. Discount (%) off catalog/pricelist for RENTAL of Highway Safety and Traffic Control Products and Equipment (Rental Rate Sheet shall be submitted with Proposal response or Proposal will not be considered). 13. Discount (%) off catalog/pricelist for All Other Related Highway Safety and Traffic Control Products. 14. Discount (%) off catalog/pricelist for Maintenance/Warranty Agreements for Highway Safety and Traffic Control Equipment and Systems. Section II: Installation and Repair Service 15. Hourly Labor Rate for Installation/Repair Service of Highway Safety and Traffic Control Equipment and Products - Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 16. Hourly Labor Rate for Weed Control Service for Roads and Highways - Not to Exceed hourly labor rate for Weed Control Service of Roads and Highways. Proposal Forms COMM/SVCS v.08.11.2021 38 of 71 Board° PURCHASING COOPERATIVE 12007 Research Boulevard • Austin, Texas 78759-2439 - PH: 800-695-2919 , www.buvboard.com THE LOCAL GOVERNMENT PURCHASING COOPERATIVE ADDENDUM NO. 1 Proposal Invitation No. 703-23 Hiahwav Safetv and Traffic Control Products The following addenda are issued to Proposal Invitation 703-23, Highway Safety and Traffic Control Products, and shall become a permanent part of the Proposal Invitation document: ADDENDUM TO PROPOSAL SPECIFICATIONS The proposal specification summary has been updated. The following proposal specification line has been added as listed below. This line item has been updated in the electronic proposal submission system and in the Proposal Specification Summary. 11. Discount (%) off catalog/pricelist for Road Maintenance Products for Dust Control, Anti-icing/Deicing, and Stabilization (granular, liquid, and/or chemical based). Please sign and return one copy of this Addendum with your proposal as verification of your receipt and compliance with the information contained in this Addendum. Company Name: Address Signature of Authorized /J aQ� Company Official: C� Telephone Number: 817-535-3939 Title: Director Of Estimating Date: 01 /13/2023 Addendum No. 1, Proposal Invitation No. 703-23 Page 1 of 1 Buyers Barricades - DFW Information Address: 7409 Baker Bvld Richland Hills, TX 76118 Phone: (817) 535-3939 Toll Free: (817) 535-3939 Web Address: www.buyersbarricades.com By submitting your response, you certify that you are authorized to represent and bind your company. Cole Benton cole@buyersbarricades.com Signature Email Submitted at 1/1812023 10:44:02 AM (CT) Requested Attachments BuyBoard Proposal Invitation No. 703-23 Highway Safety and Traffic Control Proposal-No-703-23.pdf Products REQUIRED -In PDF format, upload all proposal invitation documents available for download at vendor.buyboard.com including any additional pages, as necessary. NOTICE: DO NOT complete proposal forms in internet browser. No data will be stored. Download file to computer and complete proposal forms prior to submitting. (Please DO NOT password protect uploaded files.) Catalog/Pricelist BUY BOARD Price List 703-23.pdf REQUIRED -In Excel or PDF format, upload catalog (s)/price Iist(s) in accordance with proposal invitation instructions. Vendors shall submit catalog (s)/pricelist(s) with their Proposal response or Proposal will not be considered. No paper catalogs or manufacturer/vendor websites will be accepted. File size must not exceed 250MB. (Please DO NOT password protect uploaded files.) Addendum No. 1 Signed Addendum-No-1-for-703-23 (01-16-2023).pdf REQUIRED - In PDF format, upload addendum document available for download at vendor.buyboard.com including any additional pages, as necessary. (Please DO NOT password protect uploaded files.) Exceptions and/or Detailed Information Related to Discount % and/or Discount Explanation DFW.pdf Hourly Labor Rate Proposed In PDF format and if necessary, vendor shall attach detailed information regarding exceptions to pricing and/or discount percentage and define the services that are proposed to be provided. NOTE: IF DETAILED INFORMATION IS NOT SUBMITTED, PROPOSAL MAY NOT BE CONSIDERED. (Please DO NOT password protect uploaded files.) Company Profile COMPANY PROFILE.docx REQUIRED -Information on awarded Cooperative Contracts is available to Cooperative Members on the BuyBoard website. If your company is awarded a Contract under this Proposal Invitation, please provide a brief company description that you would like to have included with your company profile on the BuyBoard website. Submit your company profile in a separate file, in Word format, with your Proposal. (Note: Vendor is solely responsible for any content provided for inclusion on the BuyBoard website. The Cooperative reserves the right to exclude or remove any content in its sole discretion, with or without prior notice, including but not limited to any content deemed by the Cooperative to be inappropriate, irrelevant to the Contract, inaccurate, or misleading.) IRS Form W-9 Request for Taxpayer Identification Number and Certification REQUIRED -In PDF format, upload W-9 form. (Please DO NOT password protect uploaded files.) Response Attachments Buyers Barricades, Inc. - WBE Certificate.pdf WBE Certificate DFW 2023 W-9.pdf Page 3 of 32 pages Vendor: Buyers Barricades - DFW 703-23 Addendum 1 Equipment Rental ltems.pdf Equipment Rental Items Bid Attributes 1 1 Federal Identification Number Federal Identification Number 175-2963599 2 1 HUB/No Israel Boycott Certification/No Excluded Nation or Foreign Terrorist Certification HUB/No Israel Boycott Certification/No Excluded Nation or Foreign Terrorist Certification 3 No Israel Boycott Certification A Texas governmental entity may not enter into a contract with a value of $100,000 or more that is to be paid wholly or partly from public funds with a company (excluding a sole proprietorship) that has 10 or more full-time employees for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. (TEX. GOV'T CODE Ch. 2270). Accordingly, this certification form is included to the extent required by law. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes. TEX. GOV'T CODE §808.001(1). By signature on the Compliance Forms Signature Page, to the extent applicable, I certify and verify that Vendor does not boycott Israel and will not boycott Israel during the term of any contract awarded under this Proposal Invitation, that this certification is true, complete and accurate, and that I am authorized by my company to make this certification. Yes 4 No Excluded Nation or Foreign Terrorist Organization Certification Chapter 2252 of the Texas Government Code provides that a Texas governmental entity may not enter into a contract with a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization — specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.) By signature on the Compliance Forms Signature Page, I certify and verify that Vendor is not on the Texas Comptroller's list identified above; that this certification is true, complete and accurate; and that I am authorized by my company to make this certification. Yes 1 5 MWBE/HUB Status Certification A Proposer that has been certified as a Historically Underutilized Business (also known as a Minority/Women Business Enterprise or "MWBE" and all referred to in this form as a "HUB") is encouraged to indicate its HUB certification status when responding to this Proposal Invitation. The BuyBoard website will indicate HUB certifications for awarded Vendors that properly indicate and document their HUB certification on this form. certify that my company has been certified as a MWBE/HUB in the following categories: (Please check all that apply) Page 4 of 32 pages Vendor: Buyers Barricades - DFW 703-23 Addendum 1 6 Minority Owned Business Minority Owned Business ❑ Minority Owned Business (Yes) 7 Women Owned Business Women Owned Business ❑,� Women Owned Business (Yes) 8 Service -Disabled Veteran Owned Business Service -Disabled Veteran Owned Business (veteran defined by 38 U.S.C. §101(2), who has a service -connected disability as defined by 38 U.S.C. § 101(16), and who has a disability rating of 20% or more as determined by the U. S. Department of Veterans Affairs or Department of Defense) ❑ Service -Disabled Veteran Owned Business (Yes) 9 Certification Number Certification Number WFWB39615N1023 1 Name of Certifying Agency U Certifying Agency INCTRCA 1 Non-MWBE/HUB 1 My company has NOT been certified as a MWBE/HUB ❑ Non -HUB (Yes) L12Vendor General Contact Information Proposal/Contract General Contact Information 1 Vendor Proposal/Contract Contact Name 3 Vendor Proposal/Contract Contact Name I Cole Benton 1 Vendor Proposal/Contract Contact E-mail Address 4 Vendor Proposal/Contract Contact E-mail Address I cole@buyersbarricades.com 1 Vendor Proposal/Contract Mailing Address 5 Vendor Proposal/Contract Mailing Address 17409 Baker Blvd. 1 Vendor Proposal/Contact Mailing Address - City 6 Vendor Proposal/Contact Mailing Address - City Richland Hills 1 Vendor Proposal/Contact Mailing Address - State 7 Vendor Proposal/Contact Mailing Address - State (Abbreviate State Name) ITX Page 5 of 32 pages Vendor: Buyers Barricades - DFW 703-23 Addendum 1 1 Vendor Proposal/Contact Mailing Address - Zip Code 8 Vendor Proposal/Contact Mailing Address - Zip Code 176118 1 Vendor Proposal/Contact Phone Number 9 Vendor Proposal/Contact Phone Number (xxx-xxx-xxxx) 18175353939 2 Vendor Proposal/Contact Extension Number U Vendor Proposal/Contact Extension Number No response 2 Company Website 1 Company Website (www.xxxxx.com) https://buyersbarricades.com/ 2 2 Purchase Orders Contact Information All Purchase Orders from Cooperative members will be available through the Internet. Vendors need Internet access and at least one e-mail address so that notification of new orders can be sent to the Internet contact when a new purchase order arrives. An information guide will be provided to Vendors to assist them with retrieving their orders. Please select options below for receipt of Purchase Orders and provide the requested information: • I will use the internet to receive Purchase Orders at the following address Yes I 2 Purchase Order E-mail Address 3 Purchase Order E-mail Address alex@buyersbarricades.com 2 Purchase Order Contact Name 4 Purchase Order Contact Name Alex Thlang 2 Purchase Order Contact Phone Number 5 Purchase Order Contact Phone Number (xxx-xxx-x)=) 18175353939 2 Purchase Order Contact Extension Number 6 Purchase Order Contact Extension Number No response 2 Alternate Purchase Order E-mail Address 7 Alternate Purchase Order E-mail Address cole@buyersbarricades.com Page 6 of 32 pages Vendor: Buyers Barricades - DFW 703-23 Addendum 1 2 Alternate Purchase Order Contact Name 8 Alternate Purchase Order Contact Name Cole Benton 2 Alternate Purchase Order Contact Phone Number 9 Alternate Purchase Order Contact Phone Number (xxx-xxx-xxxx) No response 3 Alternate Purchase Order Contact Extension Number U Alternate Purchase Order Contact Extension Number No response 3 1 Purchase Orders Contact Information All Purchase Orders from Cooperative members will be available through the Internet. Vendors need Internet access and at least one e-mail address so that notification of new orders can be sent to the Internet contact when a new purchase order arrives. An information guide will be provided to Vendors to assist them with retrieving their orders. Please select options below for receipt of Purchase Orders and provide the requested information: • Purchase Orders may be received by the Designated Dealer(s) identified on my company's Dealer Designation form as provided to the Cooperative administrator. I understand that my company shall remain responsible for the Contract and the performance of all Designated Dealers under and in accordance with the Contract. Yes I 3 I Request for Quotes (5EoeRFQ5E) 2 Cooperative members will send RFQs to you by e-mail. Please provide e-mail addresses for the receipt of RFQs: 3 Request for Quote (RFQ) E-mail Address 3 Request for Quote (RFQ) E-mail Address Alex@buyersbarricades.com 3 Request for Quote (RFQ) Contact Name 4 Request for Quote (RFQ) Contact Name Alex Thlang 3 Request for Quote (RFQ) Contact Phone Number 5 Request for Quote (RFQ) Contact Phone Number (xxx-xoa-=oo 18175353939 3 Request for Quote (RFQ) Contact Extension Number 6 Request for Quote (RFQ) Contact Extension Number No response 3 Alternate Request for Quote (RFQ) E-mail Address 7 Alternate Request for Quote (RFQ) E-mail Address cole@buyersbarricades.com Page 7 of 32 pages Vendor: Buyers Barricades - DFW 703-23 Addendum 1 3 I Alternate Request for Quote (RFQ) Contact Name 8 Alternate Request for Quote (RFQ) Contact Name Cole Benton 3 Alternate Request for Quote (RFQ) Contact Phone Number 9 Alternate Request for Quote (RFQ) Contact Phone Number (xxx-xxx-xxxx) No response 4 Alternate Request for Quote (RFQ) Contact Extension Number U Alternate Request for Quote (RFQ) Contact Extension Number No response 4 1 4 2 Invoices Your company will be billed monthly for the service fee due under a Contract awarded under this Proposal Invitation. All invoices are available on the BuyBoard website and e-mail notifications will be sent when they are ready to be retrieved. Invoices Please choose only one (1) of the following options for receipt of invoices and provide the requested information: (a) Service fee invoices and related communications should be provided directly to my company at: 1180 (b) In lieu of my company, I request and authorize all service fee invoices to be provided directly to the following billing agent: If Vendor authorizes a billing agent to receive and process service fee invoices, in accordance with the General Terms and Conditions of the Contract, Vendor specifically acknowledges and agrees that nothing in that designation shall relieve Vendor of its responsibilities and obligations under the Contract including, but not limited to, payment of all service fees under any Contract awarded Vendor. Service fee invoices and notices direct to company 4 Invoice Company Name 3 Invoice Company Name Buyers Barricades, Inc. 4 Invoice Company Department Name 4 Invoice Company Department Name Procurement 4 Invoice Contact Name 5 Invoice Contact Name Claudia Serna 4 Invoice Mailing Address 6 Invoice Mailing Address (P.O. Box or Street Address) 17409 Baker Blvd. Page 8 of 32 pages Vendor: Buyers Barricades - DFW 703-23 Addendum 1 4 Invoice Mailing Address - City 7 Invoice Mailing Address - City Richland Hills 4 Invoice Mailing Address - State 8 Invoice Mailing Address - State (Abbreviate State Name) I-rx 4 Invoice Mailing Address - Zip Code 9 Invoice Mailing Address (Zip Code) 176118 5 Invoice Contact Phone Number U Invoice Contact Phone Number (xxx-xxx-xxxx) 18175353939 5 Invoice Contact Extension Number Invoice Contact Extension Number No response 5 Invoice Contact Fax Number 2 Invoice Contact Fax Number (xxx-xxx-xxxx) No response 5 Invoice Contact E-mail Address 3 Invoice Contact E-mail claudia@buyersbarricades.com 5 Invoice Contact Alternate E-mail Address 4 Invoice Contact Alternate E-mail Address marie@buyersbarricades.com 5 Billing Agent Company Name 5 Billing Agent Company Name Buyers Barricades, Inc. 5 Billing Agent Department Name 6 Billing Agent Department Name No response 5 Billing Agent Contact Name 7 Billing Agent Contact Name No response 5 Billing Agent Mailing Address 8 Billing Agent Mailing Address (P.O. Box or Street Address) No response Page 9 of 32 pages Vendor: Buyers Barricades - DFW 703-23 Addendum 1 5 Billing Agent Mailing Address - City 9 Billing Agent Mailing Address - City I No response 6 Billing Agent Mailing Address - State U Billing Agent Mailing Address - State (Abbreviate State Name) I No response 6 Billing Agent Mailing Address - Zip Code Billing Agent Mailing Address - Zip Code No response 6 Billing Agent Contact Phone Number 2 Billing Agent Contact Phone Number (xxx-xxx-xxxx) No response 6 Billing Agent Contact Extension Number 3 Billing Agent Contact Extension Number I No response 6 Billing Agent Fax Number 4 Billing Agent Fax Number I No response 6 Billing Agent Contact E-mail Address 5 Billing Agent Contact E-mail Address I No response 6 Billing Agent Alternative E-mail Address 6 Billing Agent Alternative E-mail Address I No response 6 Shipping Via 7 Common Carrier, Company Truck, Prepaid and Add to Invoice, or Other I Common Carrier I 6 Payment Terms 8 Note: Vendor payment terms must comply with the BuyBoard General Terms and Conditions and the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Net 30 6 Vendor's Internal/Assigned Reference/Quote Number 9 Vendor's Internal/Assigned Reference/Quote Number I No response Page 10 of 32 pages Vendor: Buyers Barricades - DFW 703-23 Addendum 1 7 State or Attach Return Policy U Note: Only return requirements and processes will be deemed part of Vendor's return policy. Any unrelated contract terms, terms of sale, or other information not specifically related to return requirements and processes included in Vendor's return policy shall not apply to any awarded Contract unless specifically included as a deviation in the Deviation and Compliance Form and accepted by the Cooperative. No response 7 Electronic Payments 1 Are electronic payments acceptable to your company? �No 7 Credit Card Payments 2 Are credit card payments acceptable to your company? INo I 7 3 Texas Regional Service Designation Texas Regional Service Designation - Refer to Form in Proposal Invitation The Cooperative (referred to as "Texas Cooperative" in this form and in the State Service Designation form) offers vendors the opportunity to service its members throughout the entire State of Texas. If you do not plan to service all Texas Cooperative members statewide, you must indicate the specific regions you will service on this form. If you propose to serve different regions for different products or services included in your Proposal, you must complete and submit a separate Texas Regional Service Designation form for each group of products and clearly indicate the products or services to which the designation applies. By designating a region or regions, you are certifying that you are authorized and willing to provide the proposed products and services in those regions. Designating regions in which you are either unable or unwilling to provide the specified products and services shall be grounds for either rejection of your Proposal or, if awarded, termination of your Contract. Additionally, if you do not plan to service Texas Cooperative members (i.e., if you will service only states other than Texas), you must so indicate on this form. 7 Company Name 4 Company Name Buyers Barricades, Inc. 7 Texas Regional Service Designation 5 Select only one of the following options. If you select "I will NOT serve all Regions of Texas", you must then check the individual Regions you wish to serve. Select Regions 7 Region 1 6 Region 1 - Edinburg ❑ Region 1 (1) 7 Region 2 7 Region 2 - Corpus Christi ❑ Region 2 (2) 7 Region 3 8 Region 3 - Victoria ❑ Region 3 (3) Page 11 of 32 pages Vendor: Buyers Barricades - DFW 703-23 Addendum 1 7 Region 4 9 Region 4 - Houston ❑ Region 4 (4) 8 Region 5 0 Region 5 - Beaumont ❑ Region 5 (5) 8 Region 6 Region 6 - Huntsville ❑ Region 6 (6) 8 Region 7 2 Region 7 - Kilgore ❑ Region 7 (7) 8 Region 8 3 Region 8 - Mount Pleasant ❑ Region 8 (8) 8 Region 9 4 Region 9 - Wichita Falls .❑ Region 9 (9) 8 Region 10 5 Region 10 - Richardson 0 Region 10 (10) 8 Region 11 6 Region 11 - Fort Worth 0 Region 11 (11) 8 Region 12 7 Region 12 - Waco ❑ Region 12 (12) 8 Region 13 8 Region 13 - Austin ❑ Region 13 (13) 8 Region 14 9 Region 14 - Abilene ❑ Region 14 (14) 9 Region 15 0 Region 15 - San Angelo ❑ Region 15 (15) Page 12 of 32 pages Vendor: Buyers Barricades - DFW 703-23 Addendum 1 9 Region 16 1 Region 16 - Amarillo ❑ Region 16 (16) 9 Region 17 2 Region 17 - Lubbock ❑ Region 17 (17) 9 Region 18 3 Region 18 - Midland ❑ Region 18 (18) 9 Region 19 4 Region 19 - El Paso ❑ Region 19 (19) 9 Region 20 5 Region 20 - San Antonio ❑ Region 20 (20) 9 6 State Service Designation State Service Designation - Refer to Form in Proposal Invitation. As set forth in the Proposal Invitation, it is the Cooperative's intent that other governmental entities in the United States have the opportunity to purchase goods or services awarded under the Contract, subject to applicable state law, through a piggy -back award or similar agreement through the National Purchasing Cooperative BuyBoard. If you plan to service the entire United States or only specific states, you must complete this form accordingly. (Note: If you plan to service Texas Cooperative members, be sure that you complete the Texas Regional Service Designation form.) In addition to this form, to be considered for a piggy -back award by the National Purchasing Cooperative, you must have an authorized representative sign the National Purchasing Cooperative Vendor Award Agreement that follows this form. If you serve different states for different products or services included in your Proposal, you must complete and submit a separate State Service Designation form for each group of products and clearly indicate the products or services to which the designation applies. By designating a state or states, you are certifying that you are authorized and willing to provide the proposed products and services in those states. Designating states in which you are either unable or unwilling to provide the specified products and services shall be grounds for either rejection of your Proposal or, if awarded, termination of your Contract. 9 Company Name 7 Company Name Buyers Barricades, Inc. H State Service Designation Select only one of the following options. If you select "I will NOT serve all States", you must then check the individual States you wish to serve. I will not serve all states in the United States 9 Alabama 9 Alabama ❑ Alabama (AL) Page 13 of 32 pages Vendor: Buyers Barricades - DFW 703-23 Addendum 1 1 Alaska 0 0 Alaska ❑ Alaska (AK) 1 Arizona Arizona ❑ Arizona (AZ) 1 Arkansas 0 Arkansas ❑ Arkansas (AR) 1 California 0 California (Public Contract Code 20118 & 20652) 3 ❑ California (CA) 1 Colorado 0 Colorado 4 ❑ Colorado (CO) 1 Connecticut 0 Connecticut 5 ❑ Connecticut (CT) 1 Delaware 0 Delaware ❑ Delaware (DE) 1 District of Columbia 0 District of Columbia 7 ❑ District of Columbia (DC) 1 Florida 0 8 Florida ❑ Florida (FL) 1 Georgia 9 Georgia ❑ Georgia (GA) 1 Hawaii UHawaii ❑ Hawaii (HI) 1 Idaho 1 Idaho 1 ❑ Idaho (ID) Page 14 of 32 pages Vendor: Buyers Barricades - DFW 703-23 Addendum 1 1 Illinois 1 Illinois 2 ❑ Illinois (IL) 1 Indiana 1 Indiana ❑ Indiana (IN) 1 Iowa 4 Iowa ❑ Iowa (IA) 1 Kansas 5 Kansas ❑ Kansas (KS) 1 Kentucky 1 Kentucky 6 ❑ Kentucky (KY) 1 Louisiana 1 Louisiana ❑ Louisiana (LA) 1 Maine 1 Maine ❑ Maine (ME) 1 Maryland 9 Maryland ❑ Maryland (MD) 1 Massachusetts 2 Massachusetts 0 ❑ Massachusetts (MA) 1 Michigan 2 Michigan 1 ❑ Michigan (MI) 1 Minnesota 2 Minnesota ❑ Minnesota (MN) 1 Mississippi 2 3 Mississippi ❑ Mississippi (MS) Page 15 of 32 pages Vendor: Buyers Barricades - DFW 703-23 Addendum 1 1 Missouri 2 Missouri ❑ Missouri (MO) 1 Montana 25 Montana ❑ Montana (MT) 1 Nebraska 2 6 Nebraska ❑ Nebraska (NE) 1 Nevada 2 Nevada ❑ Nevada (NV) 1 New Hampshire 2 8 New Hampshire ❑ New Hampshire (NH) 1 New Jersey 2 9 New Jersey ❑ New Jersey (NJ) 1 New Mexico 6 New Mexico ❑ New Mexico (NM) 1 New York 3 1 New York ❑ New York (NY) 1 North Carolina 3 2 North Carolina ❑ North Carolina (NC) 1 North Dakota 3 3 North Dakota ❑ North Dakota (ND) 1 Ohio 4 Ohio ❑ Ohio (OH) 1 Oklahoma 3 5 Oklahoma ❑ Oklahoma (OK) Page 16 of 32 pages Vendor: Buyers Barricades - DFW 703-23 Addendum 1 1 Oregon 6 Oregon ❑ Oregon (OR) 1 Pennsylvania 3 7 Pennsylvania ❑ Pennsylvania (PA) 1 Rhode Island 3 Rhode Island ❑ Rhode Island (RI) 1 South Carolina 3 9 South Carolina ❑ South Carolina (SC) 1 South Dakota 4 0 South Dakota ❑ South Dakota (SD) 1 Tennessee Tennessee ❑ Tennessee (TN) 1 Texas 4 Texas ❑ Texas (TX) 1 Utah 3 Utah ❑ Utah (UT) 1 Vermont 4 Vermont ❑ Vermont (VT) 1 Virginia 44 Virginia ❑ Virginia (VA) 1 Washington 4 6 Washington ❑ Washington (WA) 1 West Virginia 4 7 West Virginia ❑ West Virginia (WV) Page 17 of 32 pages Vendor: Buyers Barricades - DFW 703-23 Addendum 1 1 Wisconsin 8 Wisconsin ❑ Wisconsin (WI) 4 Wyoming 9 Wyoming ❑ Wyoming (WY) Bid Lines 1 Section I: Eauipment. Products. and Supplies Discount (%) off catalog/pricelist for Highway Safety Products, Supplies, and Equipment. Catalog/Pricelist MUST be included or proposal will not be considered. Total: 1 10% Item Notes: PROPOSAL NOTE: Vendors shall submit catalog (s)/pricelist(s) with their Proposal response, or the Proposal will not be considered. Vendors shall submit catalogs)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No pacer cataloas or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: • Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed • Vendor's must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". BUY BOARD Price List 703-23 Page 18 of 32 pages Vendor: Buyers Barricades - DFW 703-23 Addendum 1 2 Section I: Eauipment. Products. and Supplies Discount (%) off catalog/pricelist for Traffic Control Products, Supplies, and Equipment. Catalog/Pricelist MUST be included or proposal will not be considered. Total: 1 5% 1 Item Notes: PROPOSAL NOTE: Vendors shall submit catalog (s)/pricelist(s) with their Proposal response, or the Proposal will not be considered. Vendors shall submit catalog (s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper cataloas or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: • Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed • Vendor's must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". BUY BOARD Price List 703-23 Page 19 of 32 pages Vendor: Buyers Barricades - DFW 703-23 Addendum 1 3 Section I: Eauipment. Products. and Supplies Discount (%) off catalog/pricelist for Pavement Marking Supplies and Equipment. Catalog/Pricelist MUST be included or proposal will not be considered. Total: 1 10% 1 Item Notes: PROPOSAL NOTE: Vendors shall submit catalog (s)/pricelist(s) with their Proposal response, or the Proposal will not be considered. Vendors shall submit catalog (s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper cataloas or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: • Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed • Vendor's must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". BUY BOARD Price List 703-23 Page 20 of 32 pages Vendor: Buyers Barricades - DFW 703-23 Addendum 1 4 Section I: Eauiament. Products. and Supplies Discount (%) off catalog/pricelist for Delineation Products and Object Markers. Catalog/Pricelist MUST be included or proposal will not be considered. Total: 1 10% 1 Item Notes: PROPOSAL NOTE: Vendors shall submit catalog (s)/pricelist(s) with their Proposal response, or the Proposal will not be considered. Vendors shall submit catalog (s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper cataloas or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: • Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed • Vendor's must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". BUY BOARD Price List 703-23 Page 21 of 32 pages Vendor: Buyers Barricades - DFW 703-23 Addendum 1 5 Section I: Eauiament. Products. and Supplies Discount (%) off catalog/pricelist for Road Signs, Posts, and Hardware. Catalog/Pricelist MUST be included or proposal will not be considered. Total: 1 10% 1 Item Notes: PROPOSAL NOTE: Vendors shall submit catalog (s)/pricelist(s) with their Proposal response, or the Proposal will not be considered. Vendors shall submit catalog (s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper cataloas or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: • Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed • Vendor's must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". BUY BOARD Price List 703-23 Page 22 of 32 pages Vendor: Buyers Barricades - DFW 703-23 Addendum 1 6 Section I: Eauiament. Products. and Suaalies Discount (%) off catalog/pricelist for Fire Hydrants and Accessories. Catalog/Pricelist MUST be included or proposal will not be considered. V57 jla Item Notes: PROPOSAL NOTE: Vendors shall submit catalog (s)/pricelist(s) with their Proposal response, or the Proposal will not be considered. Vendors shall submit catalog (s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper cataloas or manufacturer/vendor websites will be accented. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: • Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed • Vendor's must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". No response Page 23 of 32 pages Vendor: Buyers Barricades - DFW 703-23 Addendum 1 7 Section I: Eauiament. Products. and Suaalies Discount (%) off catalog/pricelist for Wheel Wash Systems (In Ground) and (Above Ground). Catalog/Pricelist MUST be included or proposal will not be considered. V57 jla Item Notes: PROPOSAL NOTE: Vendors shall submit catalog (s)/pricelist(s) with their Proposal response, or the Proposal will not be considered. Vendors shall submit catalog (s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper cataloas or manufacturer/vendor websites will be accented. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: • Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed • Vendor's must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". No response Page 24 of 32 pages Vendor: Buyers Barricades - DFW 703-23 Addendum 1 0 Section I: Eauiament. Products. and Supplies Discount (%) off catalog/pricelist for Locking Systems for Highway/Safety Products (storm sewer grate, traffic signal cabinet, man -hole cover, and other related locking systems). Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes: PROPOSAL NOTE: Vendors shall submit catalog (s)/pricelist(s) with their Proposal response, or the Proposal will not be considered. Vendors shall submit catalog (s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No Dan_ er cataloas or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: • Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed • Vendor's must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". No response Page 25 of 32 pages Vendor: Buyers Barricades - DFW 703-23 Addendum 1 9 Section I: Eauiament. Products. and Supplies Discount (%) off catalog/pricelist for Animal Cages, Traps, and Accessories for Roads and Highways. Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes: PROPOSAL NOTE: Vendors shall submit catalog (s)/pricelist(s) with their Proposal response, or the Proposal will not be considered. Vendors shall submit catalog (s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No Dan_ er cataloas or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: • Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed • Vendor's must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". No response Page 26 of 32 pages Vendor: Buyers Barricades - DFW 703-23 Addendum 1 1 Section I: Eauiament. Products. and SuDDlies 0 Discount (%) off catalog/pricelist for Herbicides and Weed Control Products for Roads and Highways. Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes: PROPOSAL NOTE: Vendors shall submit catalog (s)/pricelist(s) with their Proposal response, or the Proposal will not be considered. Vendors shall submit catalog (s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No Dan_ er cataloas or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: • Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed • Vendor's must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". No response Page 27 of 32 pages Vendor: Buyers Barricades - DFW 703-23 Addendum 1 1 Section I: Eauiament. Products. and SuaDlies 1 Discount (%) off catalog/pricelist for Road Maintenance Products for Dust Control, Anti-icing/Deicing, and Stabilization (granular, liquid, and/or chemical based). Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes: PROPOSAL NOTE: Vendors shall submit catalog (s)/pricelist(s) with their Proposal response, or the Proposal will not be considered. Vendors shall submit catalog (s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper cataloas or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: • Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed • Vendor's must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". No response Page 28 of 32 pages Vendor: Buyers Barricades - DFW 703-23 Addendum 1 1 Section I: Eauiament. Products. and Supplies 2 Discount (%) off catalog/pricelist for Oil and Hazardous Material Spill Remediation Products and Supplies. Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes: PROPOSAL NOTE: Vendors shall submit catalog (s)/pricelist(s) with their Proposal response, or the Proposal will not be considered. Vendors shall submit catalog (s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No Dan_ er cataloas or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: • Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed • Vendor's must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". No response Page 29 of 32 pages Vendor: Buyers Barricades - DFW 703-23 Addendum 1 1 Section I: Eauipment. Products. and Suaalies 3 Discount (%) off catalog/pricelist for RENTAL of Highway Safety and Traffic Control Products and Equipment (Rental Rate Sheet shall be submitted with Proposal response or Proposal will not be considered). Catalog/Pricelist MUST be included or proposal will not be considered. Total: 10% 1 Item Notes: PROPOSAL NOTE: Vendors shall submit catalog (s)/pricelist(s) with their Proposal response, or the Proposal will not be considered. Vendors shall submit catalog (s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No oaoer cataloas or manufacturer/vendor websites will be acceated. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: • Select "Add Alternate" for each additional manufacturer product line and/or catalog/price list proposed • Vendor's must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". Equipment Rental Items Page 30 of 32 pages Vendor: Buyers Barricades - DFW 703-23 Addendum 1 1 Section I: Eauiament. Products. and Suaalies 4 Discount (%) off catalog/pricelist for All Other Related Highway Safety and Traffic Control Products. Catalog/Pricelist MUST be included or proposal will not be considered. Total: 10% 1 Item Notes: PROPOSAL NOTE: Vendors shall submit catalog (s)/pricelist(s) with their Proposal response, or the Proposal will not be considered. Vendors shall submit catalog (s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper cataloas or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: • Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed • Vendor's must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". BUY BOARD Price List 703-23 Page 31 of 32 pages Vendor: Buyers Barricades - DFW 703-23 Addendum 1 1 Section I: Eauipment. Products. and SuDDlies 5 Discount (%) off catalog/pricelist for Maintenance/Warranty Agreements for Highway Safety and Traffic Control Equipment and Systems. Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes: PROPOSAL NOTE: Vendors shall submit catalog (s)/pricelist(s) with their Proposal response, or the Proposal will not be considered. Vendors shall submit catalog (s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper cataloas or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: • Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed • Vendor's must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Item Attributes 1. State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". No response 1 Section II: Installation and Repair Service 6 Hourly Labor Rate for Installation/Repair Service of Highway Safety and Traffic Control Equipment and Products - Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity: 1 UOM: Hourly Labor Rate No Bid 1 Section II: Installation and Repair Service 7 Hourly Labor Rate for Weed Control Service for Roads and Highways - Not to Exceed hourly labor rate for Weed Control Service of Roads and Highways. Quantity: 1 UOM: Hourly Labor Rate Response Total: $0.00 Page 32 of 32 pages Vendor: Buyers Barricades - DFW 703-23 Addendum 1 PjiBoard® Couperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 www.buvboard.com BUYBOARD PROCUREMENT AND CONSTRUCTION -RELATED GOODS AND SERVICES ADVISORY FOR TEXAS MEMBERS Why make purchases using BuyBoard? Purchasing through a cooperative or "interlocal contract" satisfies the Texas law requirement of local governments to seek competitive procurement for the purchase of goods or services. ' Therefore, you may purchase goods and services from a vendor under Texas law through BuyBoard without having to conduct your own competitive procurement. If, however, you are procuring construction -related services through a BuyBoard contract, such as a Job Order Contract (JOC) or contract for the installation of equipment or materials (e.g., athletic fields and surfaces, kitchen equipment, HVAC, playground equipment, or modular buildings), you may, as explained in this Advisory, need to procure certain aspects of these services using a separate procurement process outside of the BuyBoard and should consult your procurement officer and/or legal advisor for specific advice. What is BuyBoard's Procurement Process? The BuyBoard uses a competitive procurement process to award contracts to vendors for goods and services that the BuyBoard determines, based on an evaluation of multiple criteria, represents the best value for its members. How does BuyBoard award a contract to a vendor? As a condition of being awarded a BuyBoard contract, a vendor is bound by and must agree to comply with all the terms of the BuyBoard's proposal invitation (or specifications), the vendor's proposal response, and any additional contract terms negotiated with the BuyBoard member. Among other things, the vendor must honor the pricing submitted in the vendor's proposal. THE PRICE YOU PAY FOR THE GOODS AND SERVICES COVERED BY THE BUYBOARD CONTRACT MAY BE LESS THAN THE AWARDED PRICING, BUT CANNOT BE MORE. Additionally, the vendor must comply with the BuyBoard contract's general terms and conditions, and any additional terms and conditions that apply to the specific BuyBoard contract, as set out in the proposal invitation. How does a BuyBoard member make purchases through the BuyBoard contract? You utilize the awarded BuyBoard contract by issuing a signed purchase order through the BuyBoard online application to procure the selected goods or services. Although BuyBoard must receive a copy of the signed purchase order, BuyBoard does not review or approve the purchase order or other supplemental agreement that you obtain — this is a matter between you and the vendor. If construction -related services are procured through the BuyBoard, additional contracts with professionals and the contractor may be required, depending on the nature and scope of the services. As stated above, you should consult your procurement officer and/or legal advisor for specific advice. How do I know that my entity has made a purchase through the BuyBoard? BuyBoard must have a copy of the purchase order in order for the purchase to be considered a BuyBoard procurement. To ensure that your entity has satisfied state law requirements for competitive procurement, make sure that the BuyBoard has your purchase order. Do not rely on the vendor to submit the purchase order on your behalf; it is your responsibility to make sure that the BuyBoard has the signed purchase order. You may log in to www.buvboard.com using your member I.D. and password to view the Purchase Order Status Report to confirm that the purchase order is in the BuyBoard system. What should BuyBoard members consider when using BuyBoard for construction -related purchases? While purchasing goods and services through BuyBoard satisfies your legal requirement to competitively procure a good or service, as a general matter you must keep in mind other legal requirements that may relate to the purchase, especially when using BuyBoard for construction -related procurement. Page 1 of 3 Rev. January 17, 2017 PJiBoard® Couperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 www.buvboard.com When making construction -related purchases through a BuyBoard contract, BuyBoard members must consider the following: ➢ Best value determination. In compliance with Texas law and any local policy, your entity must first determine that purchasing through an interlocal contract or purchasing cooperative is the procurement method that will provide best value." This is done by the governing body (e.g., board of trustees, council, commissioners' court, etc.) or may be delegated by the governing body to an individual or committee, with written notice. ➢ Products or services not covered by the BuyBoard contract. The BuyBoard contract covers only the specific goods and services awarded by the BuyBoard. If you want to purchase from a BuyBoard vendor goods or services from a BuyBoard vendor that are not covered by the vendor's BuyBoard contract, such as architectural, design, or engineering services, you must procure them separately in accordance with state law and local policy. ➢ Architectural or Engineering and Independent Testing services. If your procurement includes a construction component that requires architectural or engineering services, you must procure those services separately. YOU MAY NOT PROCURE ARCHITECTURAL OR ENGINEERING SERVICES THROUGH A BUYBOARD CONTRACT. Texas law requires architectural and engineering services to be obtained in accordance with the Professional Services Procurement Act (Chapter 2254 of the Texas Government Code) and prohibits them from being procured through a purchasing cooperative."' • Architecture. A new building owned by a political subdivision having construction costs exceeding $100,000 or an alteration or addition to an existing building having construction costs exceeding $50,000 must have architectural plans and specifications prepared by an architect.' (An "alteration" or "addition" for purposes of this requirement requires the removal, relocation, or addition of a wall or partition or the alteration or addition of an exit.) Engineering. If the goods or services procured through the BuyBoard will involve engineering in which the public health, welfare, or safety is involved, the plans for structural, mechanical, electrical, electronic, fire suppression, geotechnical systems, foundation design, surface water drainage, plumbing and certain roof modifications and associated estimates must be prepared by an engineer, and the engineering construction must be performed under the direct supervision of an engineer. The Engineering Practice Act provides two exceptions to this rule — no engineer is required if (1) the project involves mechanical or electrical engineering and will cost $8,000 or less, or (2) the project does not require mechanical or electrical engineering and will cost $20,000 or less.' • Independent Testing. If acceptance of a facility by a public entity involves independent testing of construction materials engineering and/or verification testing services, the testing services should be procured under the Professional Services Procurement Act, and may not be procured under a BuyBoard contract. ■ Written Certification. A local governmental entity purchasing construction -related goods and services through a cooperative in an amount that exceeds $50,000 must designate a person to certify in writing that the project does not require the preparation of plans or specifications by an architect or engineer OR that an architect or engineer has prepared the plans or specifications." Page 2 of 3 Rev. January 17, 2017 PJiBoard® Couperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 www.buvboard.com ➢ Bonds. You must also consider whether the vendor is required to provide a payment or performance bond. A payment bond is required for contracts that exceed $25,000 to protect subcontractors who supply labor or materials for the project. A performance bond is required for a contract that exceeds $100,000, to protect the local government if a contractor fails to complete the project. v"' Without payment and performance bonds, if the contractor fails to pay its subcontractors or to complete the project, the public entity that entered the contract can be held responsible for payment claims or costs to complete. ➢ Construction Contract. Even though the procurement of construction or construction -related services may be through the BuyBoard, your construction contract is between your entity and the contractor. The BuyBoard contract's general terms and conditions, standing alone, are not sufficient to document your entity's specific transaction. THEREFORE, YOU SHOULD USE AN APPROPRIATE FORM OF CONSTRUCTION CONTRACT JUST AS YOU WOULD DO IF YOU PROCURED CONSTRUCTION SERVICES INDEPENDENTLY, USING COMPETITIVE SEALED PROPOSALS. The contract must contain provisions required by state law including: performance and payment bonds, requirements for payment of prevailing wages to all construction workers, workers' compensation coverage for all workers and, on projects where contractor employees may have direct contact with students, criminal history record checks. Other provisions which should be considered in the construction contract are retainage, contingency, liquidated damages and dispute resolution, among others. If federal funds are involved, additional requirements may apply. (See the Purchasing with Federal Funds BuyBoard Advisory available on the BuyBoard° website for additional information on purchases with federal funds.) By supplementing the BuyBoard contract with an appropriate form of construction contract, you ensure that your entity's unique interests are addressed and that your entity can enforce the contract directly. ➢ Legal advice. Because of the variety of laws that relate to construction -related purchasing and the potential risk of high exposure, you are well-advised to consult with your entity's legal counsel before procuring construction -related goods and services under any procurement method, including a purchasing cooperative. This Advisory is provided for educational purposes only to facilitate a general understanding of the law. This Advisory is neither an exhaustive treatment on the subject nor is it intended to substitute for the advice of an attorney. For more information about BuyBoard, contact us at 800-695-2919. i. Tex. Gov't Code §791.025 and Tex. Local Gov't Code §271.102. ii. Tex. Ed. Code §44.031(a) (school districts); Tex. Local Gov't Code §252.043(a)(municipalities) and §262.022(5-a) and §262.027(counties) iii. Tex. Gov't Code §2254.004 and §791.011(h) iv. Tex. Occ. Code §1051.703 V. Tex. Occ. Code §1001.0031(c) vi. Tex. Occ. Code §1001.053 vii. Tex. Gov't Code §791.0110). effective September 1, 2013 viii. Tex. Gov't Code §2253.021(a) Page 3 of 3 Rev. January 17, 2017 Board Cooperative Purchasing 12007 Research Boulevard - Austin, Texas 78759-2439 PH: 800-695-2919 • FAX: 800-211-5454 • www.vendor.buyboard.com Bonding Regulatory Notice BuyBoard contract pricing does not include bonding or insurance. Each entity must assess their individual projects to determine the need for bonding and insurance, including without limitation such workers' compensation insurance as may be required by state or local law or policy. If required, it is the responsibility of each entity to obtain such bonding and insurance or confirmation of coverage, as applicable, from the vendor. Also, each entity must assess their individual projects to determine whether the project is subject to prevailing wage rate requirements under the federal Davis Bacon Act or state or local law. If any such requirements apply, it is the responsibility of each entity to take appropriate action to determine compliance by the vendor. The Texas Professional Services Procurement Act, Chapter 2254 of the Texas Government Code ("Act"), prohibits a governmental entity from using a competitive bid process that initially considers price in the procurement of professional services covered under the Act. "Professional services" under the Act includes, but is not limited to, professional engineering, architecture, accounting, landscape architecture, land surveying, and real estate appraisal services. Additionally, the Texas Interlocal Cooperation Act provides that a governmental entity may not use an interlocal contract with a purchasing cooperative to purchase engineering or architectural services (Texas Government Code, Section 791.011(h)). BuyBoard® contracts do not, and are not intended to, include professional services that must be procured in accordance with the Act. Cooperative members are reminded that they must comply with the Act whenever a contract includes professional services as a component part, and may not procure engineering or architectural services through a BuyBoard contract. 6/20/23, 7:34 AM Menu Power BI Host Board Vendor Contract Information Summary Vendor Buyers Barricades, Inc. (Richland Hills) Contact Alex Thlang Phone 8175353939 Email alex@buyersbarricades.com Vendor Website https://buyersbarricades.com/ TIN 75-2963599 Address Line 1 7409 Baker Blvd. Vendor City Richland Hills Vendor Zip 76118 Vendor State TX Vendor Country USA Delivery Days 10 Freight Terms FOB Destination Payment Terms Net 30 days Shipping Terms Freight prepaid by vendor and added to invoice Ship Via Best Way Designated Dealer No EDGAR Received No Service -disabled Veteran Owned No Minority Owned No Women Owned Yes Certificate Number WFWB39615N1023 Certifying Agency NCTRCA National No No Foreign Terrorist Orgs Yes No Israel Boycott Yes MWBE Yes ESCs All Texas Regions States All States Contract Name Highway Safety and Traffic Control Products Contract No. 703-23 Effective 06/01/2023 Expiration 05/31/2026 Accepts RFQs Yes Paae 1 of 1 https://app.buyboard.com/report/20 1/2 Exhibit C CONFLICT OF INTEREST DISCLOSURE REQUIREMENT Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (i.e. The City of Fort Worth) must disclose in the Questionnaire Forms CIQ ("Questionnaire") the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City, or submits an application or response to a request for proposals or bids, correspondence, or another writing related to potential agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaires Form CIQ is enclosed with submittal documents. The form is also available at http://www.ethics.state.tx.us/forms/CIQ.pdf. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor. NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might have with the City, state Contractor name in the # 1, use N/A in each of the areas on the form. However, a signature is required in the #7 box in all cases. CONFLICT OF INTEREST QUESTIONNAIRE FORA CIO For vendor doing busimss with local governmental entity This questionnaire reflects changes made to the law by H,f3. 23, a4ih Leg., Regular Session. OFFICEUSEONLY his questionnaire is being liled it accordance with Chapter 176. Local Gavemmant Code, by a vendor who Date Aeca- a has a business relationship as dahned by Section 176-001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a)- fay law this questionnaire must be liled with the records administrator of the local govemmenlal entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. Sap Section 1 76-0o6(a-1), Local Goaemment Code. A vendor commits an offense if the vendor knowingly violates Section 176.Ut16, Loral Government Code- An offense under this section is a misdemeanor. J N ame of vendor who has a business relationship with lo-cal governmental entity. Buyers Barricades, Inc. J El Cheek ih is box Ifyou mm fill ng an update to a priavicusly filed quasfionnmlre. (The law requires that you file an updates completeci a jestionnaire with the appropriate filing auth wity not later than the 7th business day after the date on wh is h you became aware that the originally filed questionnaire was incomplete Or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Off cer J Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.00.2(a)(2)(A). Also describe any f am i ly relationsh i p with the local govern rnentoff icer. Complete subparts A and B ioreach employment or business relationship described. Attach additional pages to this Form CIO as necessary. A- Is the local government officer or a family member of the officer receiving or likely to r9caive taxable income, other than investment income. from the vendor? Yes =No 13- Is thevendor receiving or likely to receive taxable irtratne, other than investment i-icome. from or at the direction of the local govemment officer Or a family mrirnbarof the offirarAND the taxable income is not received from the local governmental entity? =Yes =No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership inierest of one percent or more. 61 ❑ Check this boat if the vendor has given the local government officer or a family member of the officer One or more gifts as described in section 178.OU3(a}(P}(Bj, excluding gifts described in Section 176-003(a-1). 71 �z U6/26/2023 Signature of vendor doing business wrth the governmental entry Form provided by Texas Ethics Commission brew. athi cs.stata. roc. u s Re Ased 111r2021 Revised 6.9.22cc Signature: Saves Email: allison.tidwell@fortworthtexas.gov CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Cade may be found at http Avww. statutes_legis_state.tx_usF Docs+L +htrNLG_ 17B.tOm. For easy reference. below are some of the sections cited on this farm. Local Government Code 6176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity ofone of the parties. The germ does not include a connection based on: (A) a tran saction that is s ubject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a pu rchase or lease of goods or services from a person that is ch artered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Cade § 176.DD3(a)(2)(Al and ( B), (a) A local govern ment officer sh all fi le a confI icts disclo sure statement with respect to a vendor if: (2) thevendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than irnrestmerd income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local govern mental entity and vendor has been executed; or (i i) the local governmental entity is considering entering into a contract with the vendor, (B) h as given to the lccaJ government officer or a family mem ber of the off icer one or more gifts that have an aggregate value of more than 3 100 in the 12-month period preceding the date the officer becomes aware that: (i) a oontract between the local governmental entity and vendor has been executed; or (i i) the local governmental entity is considering entering into a contract with the vendor- Loca I Gove rnme nt Code 61 76.006(a) and (a-1) {a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a fam ily member of the officer. descri bed by Section 176-003(a)(2) (A); (2) h as given a local government officer of that I oval govern mental entity, or a family member of the officer. one or more giftswith the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1)1 or (3) has a famity relationship with a local government officer of that local governmental entity- {a- f ) The completed confI ict of interest questionnaire must be fi led with the appropriate records admin istrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) subm its to the local governmental entity an application. response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the ven dor has given one or mare gifts described by Subsection (a), or (G) of a family relationship with a local government officer - Form provided by Texas Dhics Commission rrnw. othi cs.stato.lx. u s Reuised 1112021 Revised 6.9.22cc