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HomeMy WebLinkAboutContract 60522CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement (“Agreement”) is entered into by and between Texas AirSystems, LLC (“Vendor”) and the City of Fort Worth (“City”), a Texas home rule municipality. The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1.This Cooperative Purchase Agreement; 2.Exhibit A – Seller’s Quote, Scope of Services or Purchase Order; 3.Exhibit B – Cooperative Agency Contract – Texas Interlocal Purchasing System (TIPS) No. 220106; 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 One Hundred and Thirty Thousand Dollars ($130,000.00). 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 March 31, 2024 in line with the COOP Agreement. City shall be able to renew this agreement for up to two (2) one-year renewal options by written agreement of the parties, so long as the underlying COOP is renewed. 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 anydirectlypertinent 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. Federal Compliance: Vendor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, domesticpreference and environmental compliance. Additionally, for workto be performed under the Agreement or subcontract thereof, including procurement of materials or leases of equipment, Vendor shall notify each potential subcontractor or supplier of the Vendor's federal compliance obligations. These may include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age DiscriminationAct of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) any other nondiscrimination provisions in any specific statute(s) applicabletoanyFederal funding forthisAgreement; (g) the requirements of any other nondiscrimination statute(s) which may apply to this Agreement; (h) applicable provisions of the Davis-Bacon Act under 40 USC § 3141 – 3148, and the Contract Work Hours and Safety Standards Act under 40 USC § 3701 – 3708; (i) applicable provisions of the Rights to Invention Made Under Contract or Agreement Act under 37 CFR Part 401; (j) applicable provisions of the Clean Air Act under 42 USC § 7401 – 7671, the Energy Federal Water Pollution Control Act 33 USC § 1251 – 1387, and the Energy Policy Conservation Act under 42 USC § 6201; (k) compliance with all Buy America requirements under 23 USC 313 and 23 CFR 635.410, which require a domestic manufacturing process for any steel or iron products; (l) Compliance with Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment under 2 CFR §200.216 and §200.471; (m) compliance with federal assistance programs under Executive Order 12549, Debarment and Suspension, which prohibit participation of debarred or suspended or otherwise excluded from or ineligible vendor or its suppliers using federal funds; (n) compliance with federal restriction on lobbying expenditures under 2 CFR 200 clauses: (o) consistent with Domestic preferences for procurements under 2 CFR §200.322, which provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States as appropriate and to the greatest extent practicable. 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: , Assistant City Manager 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney’s Office at same address To VENDOR: Texas AirSystems, LLC 6029 Campus Dr. West, Suite 100 Irving TX 76063 Facsimile: (256) 355-0852 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: BYoa�PJ!/&.�1efisll Name: Dana Burghdoff Title: Assistant City Manager Date: APPROVAL RECOMMENDED: By:/!Z) �-JrName: Ricardo Salazar Title: Interim Director, PMD ATTEST: � A � By:U I Name: Jannette S. Goodall Title: City Secretary VENDOR: Texas Air�, LL� Bt � � Ii Name: Anthe ; Finch PETitle: Sales Man::r Dare· 1 I I J po;; 3> 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 repo11ing requirements. Z:::,�t:7� By �eniseGl!lrcia {Nov 14, �lCST) Name: Denise Garcia Title: Purchasing Manager, PMD APPROVED AS TO FORM AND LEGALITY: By:�_w._�_-------­Name: Jessika Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 23-0919 2023 - TIPS Products and Services List External Labor Rates Regular Time (M-F 7am-3:30pm) Overtime (Outside regular hours & Saturdays) Double-time (Sundays & Holidays) Technician $157.00/hour $236.00/hour $315.00/hour Helper $119.00/hour $179.00/hour $239.00/hour Additional Charges Item/description Price UOM Notes Mileage $.75 Mile Roundtrip per tech per day for jobs outside the 30-mile radius Per Diem $185.00 Day Per tech per day for out-of-town jobs &/or overnight stays Service Trip Charge $75.00 Day Oil Disposal Surcharge $40.00 Gallon Refrigerant Reclamation ********Market value per refrigerant type Refrigerant Disposal ********Market value per refrigerant type and condition (Burnt, Water, etc.) Vacuum pump fee $35.00 Circuit Oil Analysis $180.00 **** Water Sample Analysis $180.00 **** Recovery High Pressure $125.00 Unit Torch/ Refrigerant Leak Detection Equipment $35.00 Unit Boiler Flue testing Equipment $100.00 Unit Testing of Boiler Flue conditions Replacement Parts ********Cost times 1.75 Project Management $175.00 Hour Subcontractor ********TAS cost + 20% overhead and 15% profit Non-scheduled Material ********TAS cost + 20% overhead and 15% profit Texas AirSystems reserves the right to increase the prices for the above services from year one to year two and from year two to year three no more than 5% per year. TAS Tax ID: 26-1642107 TAS D&B #: 09-408-2856 Texas AirSystems provides Start-up Services for all the equipment that we sell. All our technicians are factory trained to assist our customers with unusual problems and can provide complete service coverage in all the areas that we serve. We can also provide Full-Service Maintenance and Warranty Support for all the equipment that we sell including the Variable Speed Drives. We also offer preventive maintenance contracts for your HVAC equipment. Technician Helper Mileage $.75 Replacement Parts .■ : : TIPS VENDOR AGREEMENT PART 1 ONLY TEXAS AIR SYSTEMS Between and (Company Name) THE INTERLOCAL PURCHASING SYSTEM (TIPS), a Department of Texas Education Service Center Region 8 for TIPS RFP 220106 Comprehensive HVAC (2 Part with JOC) - PART 1 ONLY General Information The Vendor Agreement ("Agreement") made and entered into by and between The Interlocal Purchasing System (hereinafter "TIPS") a government cooperative purchasing program authorized by the Region 8 Education Service Center, having its principal place of business at 4845 US Hwy 271 North, Pittsburg, Texas 75686 and the TIPS Vendor. This Agreement consists of the provisions set forth below, including provisions of all attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth shall control unless otherwise agreed by the parties in writing and by signature and date on the attachment. A Purchase Order ("PO"), Agreement or Contract is the TIPS Member's approval providing the authority to proceed with the negotiated delivery order under the Agreement. Special terms and conditions as agreed between the Vendor and TIPS Member should be added as addendums to the Purchase Order, Agreement or Contract. Items such as certificate of insurance, bonding requirements, small or disadvantaged business goals are some, but not all, of the possible addendums. Terms and Conditions Freight All quotes to Members shall provide a line item for cost for freight or shipping regardless if there is a charge or not. If no charge for freight or shipping, indicate by stating "No Charge", "$0", "included in price" or other similar indication. Otherwise, all shipping, freight or delivery changes shall be passed through to the TIPS Member at cost with no markup and said charges shall be agreed by the TIPS Member unless alternative shipping terms are agreed by TIPS as a result of the proposal award. Warranty Conditions All new supplies equipment and services shall include manufacturer's minimum standard warranty unless otherwise agreed to in writing. Vendor shall be legally permitted to sell all products offered for sale to TIPS Members if the offering is included in the Request for Proposal ("RFP") category. All goods proposed and sold shall be new unless clearly stated in writing. Customer Support The Vendor shall provide timely and accurate customer support for orders to TIPS Members as agreed by the Parties. Vendors shall respond to such requests within a commercially reasonable time after receipt of the request. If support and/or training is a line item sold or packaged with a sale, support shall be as agreed TIPS Vendor Agreement PART 1 ONLY Ver. 06022020_sr Page 1 with the TIPS Member. Agreements Agreements for purchase will normally be put into effect by means of a contract, agreement, or purchase order(s) executed by authorized agents of the TIPS Member participating government entities, but other means of placing an order may be used at the Member's discretion. Vendor accepts and understands that when a purchase order or similar purchase document is sent from a customer through TIPS to the Vendor, TIPS is recordin� the purchase and verifyin� whether the purchase is within the parameters of the TIPS Contract only. Vendor a�rees that TIPS is not a legal party to the purchase order or similar purchase document and TIPS is not responsible for identifyin� fraud, mistakes, or misrepresentations for the specific order. Vendor agrees that any purchase order or similar purchase document issued from a customer to Vendor, even when processed throu�h TIPS, constitutes a legal contract between the customer and Vendor only. A Vendor that accepts a purchase order or similar purchase document and fulfills an order, even when processed through TIPS, is representin� that the vendor has carefully reviewed the purchase order or similar purchase document for le�ality, authenticity, and accuracy. Tax exempt status Most TIPS Members are tax exempt and the related laws and/or regulations of the controlling jurisdiction(s) of the TIPS Member shall apply. Assignments of Agreements No assignment of this Agreement may be made without the prior notification of TIPS. Written approval of TIPS shall not be unreasonably withheld. Payment for delivered goods and services can only be made to the awarded Vendor, Vendor designated reseller or vendor assigned company. Disclosures • Vendor and TIPS affirm that he/she, or any authorized employees or agents, has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this Agreement. Vendor shall attach, in writing, a complete description of any and all relationships that might be considered a conflict of interest in doing business with the TIPS program. . The Vendor affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this Agreement. Term of Agreement and Renewals The Agreement with TIPS is for approximately three (3) years with an option for renewal for an additional one (1) consecutive year. IfTIPS offers the renewal extension year, the Vendor will be notified by email to the primary contact of the awarded Vendor and shall be deemed accepted by the Vendor unless the awarded Vendor notifies TIPS of its objection to the additional term. TIPS may or may not exercise the available extension(s) provided in the original solicitation beyond the base three-year term. Whether or not to offer the extension is at the sole discretion of TIPS. TIPS Vendor Agreement PART 1 ONLY Ver. 06022020_sr Page 2 "Start Date" for Term Calculation Purposes Only: Regardless of actual award/effective date of Contract, for Agreement "term" calculation purposes only, the Agreement "start date" is the last day of the month that Award Notifications are anticipated as published in the Solicitation Example: If the anticipated award date published in the Solicitation is May 22, 2020 but extended negotiations delay award until June 27, 2020 The end date of the resulting initial "three-year" term Agreement, (which is subject to an extension(sJJ will still be May 31, 2023 in this example. "Termination Date": The scheduled Agreement "termination date" shall be the last day of the month of the month of the Original Solicitation's Anticipated Award Date plus three years. Example: If the original term is approximately three years, and the solicitation provides an anticipated award date of May 22, 2020, the expiration date of the original three-year term shall be May 31, 2023 in this example. Extensions: Any extensions of the original term shall begin on the next day after the day the original term expires. Example Following the Previous Example: If TIPS offers a one-yearextension, the expiration of the extended term shall be May 31, 2024 in this example. TIPS may offer to extend Vendor Agreements to the fullest extent the original Solicitation permits. Automatic Renewal Clauses Incorporated in Awarded Vendor Agreements with TIPS Members Resulting from the Solicitation and with the Vendor Named in this Agreement. No Agreement for goods or services with a TIPS Member by the awarded vendor named in this Agreement that results from the solicitation award named in this Agreement, may incorporate an automatic renewal clause that exceeds month to month terms with which the TIPS Member must comply. All renewal terms incorporated in an Agreement by the vendor with the TIPS Member shall only be valid and enforceable when the vendor receives written confirmation by purchase order, executed Agreement or other written instruction issued by the TIPS Member for any renewal period. The purpose of this clause is to avoid a TIPS Member inadvertently renewing an Agreement during a period in which the governing body of the TIPS Member has not properly appropriated and budgeted the funds to satisfy the Agreement renewal. This term is not negotiable and any Agreement between a TIPS Member and a TIPS awarded vendor with an automatic renewal clause that conflicts with these terms is rendered void and unenforceable. Shipments The Vendor shall ship, deliver or provide ordered products or services within a commercially reasonable time after the receipt of the order from the TIPS Member. If a delay in said delivery is anticipated, the Vendor shall notify TIPS Member as to why delivery is delayed and shall provide an estimated time for completion of the order. TIPS or the requesting entity may cancel the order if estimated delivery time is not acceptable or not as agreed by the parties. I nvoices Each invoice or pay request shall include the TIPS Member's purchase order number or other identifying designation as provided in the order by the TIPS Member. If applicable, the shipment tracking number or pertinent information for verification of TIPS Member receipt shall be made available upon request. Payments The TIPS Member will make payments directly to the Vendor, the Vendor Assigned Dealer or as agreed by the Vendor and the TIPS Member after receiving invoice and in compliance with applicable payment statute(s), whichever is the greater time or as otherwise provided by an agreement of the parties. TIPS Vendor Agreement PART 1 ONLY Ver. 06022020_sr Page 3 Pricing Price increases will be honored according to the terms of the solicitation. All pricing submitted to TIPS shall include the participation fee, as provided in the solicitation, to be remitted to TIPS by the Vendor. Vendor will not show adding the fee to the invoice presented to TIPS Member customer. Participation Fees and Reporting of Sales to TIPS by Vendor The Participation Fee that was published as part of the Solicitation and the fee published is the legally effective fee, along with any fee conditions stated in the Solicitation. Collection of the fees by TIPS is required under Texas Government Code §791.011 Et seq. Fees are due on all TIPS purchases reported by either Vendor or Member. Fees are due to TIPS upon payment by the Member to the Vendor, Reseller or Vendor Assigned Dealer. Vendor, Reseller or Vendor Assigned Dealer agrees that the participation fee is due to TIPS for all Agreement sales immediately upon receipt of payment including partial payment, from the Member Entity and must be paid to TIPS at least on a monthly basis, specifically within 31 calendar days of receipt of payment, if not more frequently, or as otherwise agreed by TIPS in writing and signed by an authorized signatory of TIPS. Thus, when an awarded Vendor, Reseller or Vendor Assigned Dealer receives any amount of payment, even partial payment, for a TIPS sale, the legally effective fee for that amount is immediately due to TIPS from the Vendor and fees due to TIPS should be paid at least on a monthly basis, specifically within 31 calendar days of receipt of payment, if not more frequently. Reporting of Sales to TIPS by Vendor Vendor is required to report all sales under the TIPS contract to TIPS. When a public entity initiates a purchase with a TIPS Awarded Vendor, if the Member inquires verbally or in writing whether the Vendor holds a TIPS Contract, it is the duty of the Vendor to verify whether or not the Member is seeking a TIPS purchase. Once verified, the Vendor must include the TIPS Contract number on any communications and related sales documents exchanged with the TIPS Member entity. To report sales, the Vendor must login to the TIPS Vendor Portal online at https://www.tips-usa.com/vendors form.cfm and click on the PO's and Payments tab. Pages 3-7 of the Vendor Portal User Guide will walk you through the process of reporting sales to TIPS. Please refer to the TIPS Accounting FAQ's for more information about reporting sales and if you have further questions, contact the Accounting Team at accountin�@tips-usa.com. The Vendor or vendor assigned dealers are responsible for keeping record of all sales that go through the TIPS Agreement and submitting same to TIPS. Failure to render the participation fee to TIPS shall constitute a breach of this agreement with our parent governmental entity, Texas Education Service Center Region 8, as established by the Texas legislature and shall be grounds for termination of this agreement and any other agreement held with TIPS and possible legal action. Any overpayment of participation fees to TIPS by a Vendor will be refunded to the Vendor within ninety (90) days of receipt of notification if TIPS receives written notification of the overpayment not later than the expiration of six (6) months from the date of overpayment and TIPS determines that the amount was not legally due to TIPS pursuant to this agreement and applicable law. It is the Vendor's responsibility to identify which sales are TIPS Agreement sales and pay the correct participation fee due for TIPS Agreement sales. Any notification of overpayment received by TIPS after the expiration of six (6) months from the date of overpayment will be non-refundable. Region 8 ESC and TIPS reserve the right to extend the six (6) month deadline to notify if approved by the Region 8 ESC Board of Directors. TIPS reserves all rights under the law to collect the fees due. Please contact TIPS at tips@tips-usa.com or call (866) 839-8477 if you have questions about paying fees. Indemnity The Vendoragreesto indemnifyand hold harmlessand defend TIPS,TIPS Member(s), officers and employees from and against all claims and suits by third parties for damages, injuries to persons (including death), TIPS Vendor Agreement PART 1 ONLY Ver. 06022020_sr Page 4 property damages, losses, and expenses including court costs and reasonable attorney's fees, arising out of, or resulting from, Vendor's performance under this Agreement, including all such causes of action based upon common, constitutional, or statutory law, or based in whole or in part, upon allegations of negligent or intentional acts on the part of the Vendor, its officers, employees, agents, subcontractors, licensees, or invitees. Parties found liable shall pay their proportionate share of damages as agreed by the parties or as ordered by a court of competent jurisdiction over the case. NO LIMITATION OF LIABILITY FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE PERMITTED OR AGREED BY TIPS/ESC REGION 8. Per Texas Education Code §44.032(f), and pursuant to its requirements only, reasonable Attorney's fees are recoverable by the prevailing party in any dispute resulting in litigation. State of Texas Franchise Tax By signature hereon, the Vendor hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171, Tax Code. Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time. Purchase Order Pricing/Product Deviation If a deviation of pricing/product on a Purchase Order or contract modification occurs between the Vendor and the TIPS Member, TIPS must be notified within five (5) business days of receipt of change order. Termination for Convenience of TIPS Agreement Only TIPS reserves the right to terminate this agreement for cause or no cause for convenience with a thirty (30) days prior written notice. Termination for convenience is conditionally required under Federal Regulations 2 CFR part 200 if the customer is using federal funds for the procurement. All purchase orders presented to the Vendor, but not fulfilled by the Vendor, by a TIPS Member prior to the actual termination of this agreement shall be honored at the option of the TIPS Member. The awarded Vendor may terminate the agreement with ninety (90) days prior written notice to TIPS 4845 US Hwy North, Pittsburg, Texas 75686. The vendor will be paid for goods and services delivered prior to the termination provided that the goods and services were delivered in accordance with the terms and conditions of the terminated agreement. This termination clause does not affect the sales agreements executed by the Vendor and the TIPS Member customer pursuant to this agreement. TIPS Members may negotiate a termination for convenience clause that meets the needs of the transaction based on applicable factors, such as funding sources or other needs. TIPS Member Purchasing Procedures Usually, purchase orders or their equal are issued by participating TIPS Member to the awarded vendor and should indicate on the order that the purchase is per the applicable TIPS Agreement Number. Orders are typically emailed to TIPS at tipspo@tips-usa.com. • Awarded Vendor delivers goods/services directly to the participating member. • Awarded Vendor invoices the participating TIPS Member directly. • Awarded Vendor receives payment directly from the participating member. • Fees are due to TIPS upon payment by the Member to the Vendor. Vendor agrees to pay the participation fee to TIPS for all Agreement sales upon receipt of payment including partial payment, from TIPS Vendor Agreement PART 1 ONLY Ver. 06022020_sr Page 5 the Member Entity or as otherwise agreed by TIPS in writing and signed by an authorized signatory of TI PS. Licenses Awarded Vendor shall maintain, in current status, all federal, state and local licenses, bonds and permits required for the operation of the business conducted by awarded Vendor. Awarded Vendor shall remain reasonably fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of goods or services under the Agreement. TIPS and TIPS Members reserves the right to stop work and/or cancel an order or terminate this or any other sales Agreement of any awarded Vendor whose license(s) required for performance under this Agreement have expired, lapsed, are suspended or terminated subject to a 30-day cure period unless prohibited by applicable statue or regulation. Novation If awarded Vendor sells or transfers all assets, rights or the entire portion of the assets or rights required to perform this Agreement, a successor in interest must guarantee to perform all obligations under this Agreement. A simple change of name agreement will not change the Agreement obligations of awarded vendor. TIPS will consider Contract Assignments on a case by case basis. TIPS must be notified within five (5) business days of the transfer of assets or rights. Site Requirements (only when applicable to service or job) Cleanup: When performing work on site at a TIPS Member's property, awarded Vendor shall clean up and remove all debris and rubbish resulting from their work as required or directed by TIPS Member or as agreed by the parties. Upon completion of work, the premises shall be left in good repair and an orderly, neat, clean and unobstructed condition. Preparation: Awarded Vendor shall not begin a project for which TIPS Member has not prepared the site, unless awarded Vendor does the preparation work at no cost, or until TIPS Member includes the cost of site preparation in a purchase order. Site preparation includes, but is not limited to: moving furniture, installing wiring for networks or power, and similar pre-installation requirements. Registered sex offender restrictions: For work to be performed at schools, awarded Vendor agrees that no employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are, or reasonably expected to be, present unless otherwise agreed by the TIPS Member. Awarded Vendor agrees that a violation of this condition shall be considered a material breach and may result in the cancellation ofthe purchase order at the TIPS Member's discretion. Awarded Vendor must identify any additional costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge. Safety measures: Awarded Vendor shall take all reasonable precautions for the safety of employees on the worksite, and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Awarded Vendor shall post warning signs against all hazards created by the operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage. Safety Measures Awarded Vendor shall take all reasonable precautions for the safety of employees on the worksite, and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Awarded vendor shall post warning signs against all hazards created by the operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage. TIPS Vendor Agreement PART 1 ONLY Ver. 06022020_sr Page 6 Smoking Persons working under Agreement shall adhere to the TIPS Member's or local smoking statutes, codes or policies. Marketing Awarded Vendor agrees to allow TIPS to use their name and logo within TIPS website, marketing materials and advertisement subject to any reasonable restrictions provided to TIPS in the Proposal to the Solicitation. The Vendor may submit an acceptable use directive for Vendor's names and logos with which TIPS agrees to comply. Any use of TIPS name and logo or any form of publicity, inclusive of press release, regarding this Agreement by awarded vendor must have prior approval from TIPS which will not be unreasonably withheld. Request may be made by email to TIPS@TIPS-USA.COM. Supplemental Agreements The TIPS Member entity participating in the TIPS Agreement and awarded Vendor may enter into a separate Supplemental Agreement or contract to further define the level of service requirements over and above the minimum defined in this Agreement such as but not limited to, invoice requirements, ordering requirements, specialized delivery, etc. Any Supplemental Agreement or contract developed as a result of this Agreement is exclusively between the TIPS Member entity customer and the Vendor. TIPS, its agents, TIPS Members and employees not a party to the Supplemental Agreement with the TIPS Member customer, shall not be made party to any claim for breach of such agreement unless named and agreed by the Party in question in writing in the agreement. If a Vendor submitting a Proposal requires TIPS and/or TIPS Member to sign an additional agreement, those agreements shall comply with the award made by TIPS to the Vendor. Supplemental Vendor's Agreement documents may not become part of TIPS' Agreement with Vendor unless and until an authorized representative of TIPS reviews and approves it. TIPS review and approval may be at any time during the life of this Vendor Agreement. TIPS permits TIPS Members to negotiate additional terms and conditions with the Vendor for the provision of goods or services under the Vendor's TIPS Agreement so long as they do not materially conflict with this Agreement. Survival Clause All applicable sales, leases, Supplemental Agreements, contracts, software license agreements, warranties or service agreements that were entered into between Vendor and TIPS or the TIPS Member Customer under the terms and conditions of this Agreement shall survive the expiration or termination of this Agreement. All Orders, Purchase Orders issued or contracts executed by TIPS or a TIPS Member and accepted by the Vendor prior to the expiration or termination of this agreement, shall survive expiration or termination of the Agreement, subject to previously agreed terms and conditions agreed by the parties or as otherwise specified herein relating to termination of this agreement. Legal obligations It is the responding Vendor's responsibility to be aware of and comply with all local, state and federal laws governing the sale of products/services identified in the applicable Solicitation that resulted in this Vendor Agreement and any awarded Agreement thereof. Applicable laws and regulations must be followed even if not specifically identified herein. Audit rights Due to transparency statutes and public accountability requirements of TIPS and TIPS Members', the awarded Vendor shall, at their sole expense, maintain appropriate due diligence of all purchases made by TIPS Member that utilizes this Agreement. TIPS and Region 8 ESC each reserve the right to audit the accounting of TIPS related purchases for a period of three (3) years from the time such purchases are made. TIPS Vendor Agreement PART 1 ONLY Ver. 06022020_sr Page 7 This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. In order to ensure and confirm compliance with this agreement, TIPS shall have authority to conduct audits of Awarded Vendor's pricing or TIPS transaction documentation with TIPS Members with 30 days' notice unless the audit is ordered by a Court Order or by a Government Agency with authority to do so without notice. Notwithstanding the foregoing, in the event that TIPS is made aware of any pricing being offered to eligible entities that is materially inconsistent with the pricing under this agreement, TIPS shall have the ability to conduct the audit internally or may engage a third- party auditing firm to investigate any possible non- compliant conduct or may terminate the Agreement according to the terms of this Agreement. In the event of an audit, the requested materials shall be reasonably provided in the time, format and at the location acceptable to Region 8 ESC or TIPS. TIPS agrees not to perform a random audit the TIPS transaction documentation more than once per calendar year, but reserves the right to audit forjust cause or as required by any governmental agency or court with regulatory authority over TIPS or the TIPS Member. Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. Choice of Law The Agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles. Venue, Jurisdiction and Service of Process Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competentjurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Venue for any dispute resolution process, other than litigation, between TIPS and the Vendor shall be located in Camp or Titus County, Texas. Project Delivery Order Procedures The TIPS Member having approved and signed an interlocal agreement, or other TIPS Membership document, may make a request ofthe awarded Vendor under this Agreement when the TIPS Memberdesires goods or services awarded to the Vendor. Notification may occur via phone, the web, courier, email, fax, or in person. Upon notification of a pending request, the awarded Vendor shall acknowledge the TIPS Member's request as soon as possible, but must make contact with the TIPS Member within two working TIPS Vendor Agreement PART 1 ONLY Ver. 06022020_sr Page 8 days. Status of TIPS Members as Related to This Agreement TIPS Members stand in the place of TIPS as related to this agreement and have the same access to the proposal information and all related documents. TIPS Members have all the same rights under the awarded Agreement as TIPS. Vendor's Resellers as Related to This Agreement Vendor's Named Resellers ("Resellers") under this Agreement shall comply with all terms and conditions of this agreement and all addenda or incorporated documents. All actions related to sales by Authorized Vendor's Resellers under this Agreement are the responsibility of the awarded Vendor. If Resellers fail to report sales to TIPS under your Agreement, the awarded Vendor is responsible for their contractual failures and shall be billed for the fees. The awarded Vendor may then recover the fees from their named reseller. Support Requirements If there is a dispute between the awarded Vendor and TIPS Member, TIPS or its representatives may, at TIPS sole discretion, assist in conflict resolution if requested by either party. TIPS, or its representatives, reserves the right to inspect any project and audit the awarded Vendor's TIPS project files, documentation and correspondence related to the requesting TIPS Member's order. Ifthere are confidentiality requirements by either party, TIPS shall comply to the extent permitted by law. Incorporation of Solicitation The TIPS Solicitation which resulted in this Vendor Agreement, whether a Request for Proposals, the Request for Competitive Sealed Proposals or Request for Qualifications solicitation, or other, the Vendor's response to same and all associated documents and forms made part of the solicitation process, including any addenda, are hereby incorporated by reference into this Agreement as if copied verbatim. SECTION HEADERS OR TITLES THE SECTON HEADERS OR TITLES WITHIN THIS DOCUMENT ARE MERELY GUIDES FOR CONVENIENCE AND ARE NOT FOR CLASSIFICATION OR LIMITING OF THE RESPONSIBILITES OF THE PARTIES TO THIS DOCUMENT. STATUTORY REQUIREMENTS Texas governmental entities are prohibited from doing business with companies that fail to certify to this condition as required by Texas Government Code Sec. 2270. By executing this agreement, you certify that you are authorized to bind the undersigned Vendor and that your company (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. You certify that your company is not listed on and does not and will not do business with companies that are on the Texas Comptroller of Public Accounts list of Designated Foreign Terrorists Organizations per Texas Gov't Code 2270.0153 found at https://comptroller.texas.�ov/purchasin�/docs/forei�n-terrorist.pdf You certify that if the certified statements above become untrue at any time during the life of this Agreement that the Vendor will notify TIPS within three (3) business day of the change by a letter on Vendor's letterhead from and signed by an authorized representative of the Vendor stating the non-compliance decision and the TIPS Agreement number and description at: TIPS Vendor Agreement PART 1 ONLY Ver. 06022020_sr Page 9 Attention: General Counsel ESC Region 8/The Interlocal Purchasing System (TIPS) 4845 Highway 271 North Pittsburg, TX,75686 And by an email sent to bids@tips-usa.com Insurance Requirements The undersigned Vendor agrees to maintain the below minimum insurance requirements for TIPS Contract Holders: General Liability Automobile Liability Workers' Compensation Umbrella Liability $1,000,000 each Occurrence/Aggregate $300,000 Includes owned, hired & non-owned Statutory limits for the jurisdiction in which the Vendor performs under this Agreement. $1,000, 000 When the Vendor or its subcontractors are liable for any damages or claims, the Vendor's policy, when the Vendor is responsible for the claim, must be primary over any other valid and collectible insurance carried by the Member. Any immunity available to TIPS or TIPS Members shall not be used as a defense by the contractor's insurance policy. The coverages and limits are to be considered minimum requirements and in no way limit the liability of the Vendor(s). Insurance shall be written by a carrier with an A-; VII or better rating in accordance with current A.M. Best Key Rating Guide. Only deductibles applicable to property damage are acceptable, unless proof of retention funds to cover said deductibles is provided. "Claims made" policies will not be accepted. Vendor's required minimum coverage shall not be suspended, voided, cancelled, non-renewed or reduced in coverage or in limits unless replaced by a policy that provides the minimum required coverage except after thirty (30) days prior written notice by certified mail, return receipt requested has been given to TIPS or the TIPS Member if a project or pending delivery of an order is ongoing. Upon request, certified copies of all insurance policies shall be furnished to the TIPS or the TIPS Member. Special Terms and Conditions • Orders: All Vendor orders received from TIPS Members must be emailed to TIPS at tipspo@tips- usa.com. Should a TIPS Member send an order directly to the Vendor, it is the Vendor's responsibility to forward a copy of the order to TIPS at the email above within 3 business days and confirm its receipt with TIPS. • Vendor Encouraging Members to bypass TIPS agreement: Encouraging TIPS Members to purchase directly from the Vendor or through another agreement, when the Member has requested using the TIPS cooperative Agreement or price, and thereby bypassing the TIPS Agreement is a violation of the terms and conditions of this Agreement and will result in removal of the Vendor from the TIPS Program. • Order Confirmation: All TIPS Member Agreement orders are approved daily by TIPS and sent to the Vendor. The Vendor should confirm receipt of orders to the TIPS Member (customer) within 3 business days. • Vendor custom website for TIPS: If Vendor is hosting a custom TIPS website, updated pricing when TIPS Vendor Agreement PART 1 ONLY Ver. 06022020_sr Page 10 effective. TIPS shall be notified when prices change in accordance with the award. Back Ordered Products: If product is not expected to ship within the time provided to the TIPS Member by the Vendor, the Member is to be notified within 3 business days and appropriate action taken based on customer request. The TIPS Vendor Agreement Signature Page is inserted here. TIPS Vendor Agreement PART 1 ONLY Ver. 06022020_sr Page 11 TIPS Vendor Agreement Signature Farm ;::, . c� , r �r:;?.t.)c� L:c-��� �� ,s..�, ; � s:,fi. s � L,� 1�1d i• ���.,i�:'v[: i'+.. ";i. �i --�(; 1 ':'Ji��"! �i.3: , i'� ��: � L �.%IV Com�any �vame Texas Air 5ystems Address ���� �ampus Circle DriWe Vllest Suite 1�Q c;�y I r�i ng st�t� Tx �;p 75��3 P���� 972-�7�-47�Q ��x nla Email ❑fAutharized Representati�e rYan.williams@texasairsystems.Cfll7i Name ❑fAuthorized Representative RYan Wilfiams T�t�� Account Exe�uti�e � Sigr�ature af Auth�rized Representati�e W R ��.�� 113�122 TIPS Autharized Repres�ntati�e Name David Fitts ��t�� i r cto r TiPS Autharized Representative 5ignature Appraved by E5C Regian 8_�(y��,� ^ Date 22 NOTICE TO MEMBERS REGARDING ATTRIBUTE RESPONSES TIPS VENDORS RESPOND TO ATTRIBUTE QUESTIONS AS PART OF TIPS COMPETITIVE SOLICITATION PROCESS. THE VENDOR'S RESPONSES TO ATTRIBUTE QUESTIONS ARE INCLUDED HEREIN AS "SUPPLIER RESPONSE." PLEASE BE ADVISED THAT DEVIATIONS, IF ANY, IN VENDOR'S RESPONSE TO ATTRIBUTE QUESTIONS MAY NOT REFLECT VENDOR'S FINAL ATTRIBUTE RESPONSE, WHICH IS SUBJECT TO NEGOTIATIONS PRIOR TO AWARD. PLEASE CONTACT THE TIPS OFFICE AT 866-839- 8477 WITH QUESTIONS OR CONCERNS REGARDING VENDOR ATTRIBUTE RESPONSE DEVIATIONS. PLEASE KEEP IN MIND THAT TIPS DOES NOT PROVIDE LEGAL COUNSEL TO MEMBERS. TIPS RECOMMENDS THAT YOU CONSULT YOUR LEGAL COUNSEL WHEN EXECUTING CONTRACTS WITH OR MAKING PURCHASES FROM TIPS VENDORS. � � � 220106 Addendum 2 TEXAS AIRSYSTEMS Texas Ai rSystems, LLC Supplier Response Event Information Number: 220106 Addendum 2 Title: Comprehensive HVAC ( 2 Part with JOC) Type: Request for Proposal Issue Date: 1 /6/2022 Deadline: 2/18/2022 03:00 PM (CT) Notes: This is a 2 PART solicitation. PART 1 is for projects that are not considered construction or a public work. It includes, but is not limited to, parts, supplies, maintenance services and repairs. PART 2 Job Order Contract (JOC) is for projects considered construction or public work projects. The determination of whether or not a project requires a PART 2 JOC is the responsibility of the TIPS member entity. Vendors are encouraged to respond to BOTH PARTS 1 and 2 to meet the needs of our members, but responses to both parts is not required. IF YOU CURRENTLY HOLD TIPS CONTRACTS: 180101 COMPREHENSIVE HVAC SOLUTIONS AND SERVICES PART 1 OR 2("180101 "); 190604 COMPREHENSIVE HVAC SOLUTIONS AND SERVICES PART 1 OR 2("190604"), OR; 200303 COMPREHENSIVE HVAC PART 1 OR 2("200303"), YOU MUST RESPOND TO THIS SOLICITATION TO PREVENT LAPSE OF CONTRACT UNLESS YOU HOLD ANOTHER CURRENT TIPS Page 1 of 32 pages Vendor: TEXAS AIRSYS"I'RMS 220106 Addendum 2 CONTRACT THAT COVERS ALL OF YOUR HVAC OFFERINGS. THIS AWARDED CONTRACT WILL REPLACE YOUR EXPIRING TIPS CONTRACTS 180101, 190604, AND 200303. Contact Information Address: Region 8 Education Service Center 4845 US Highway 271 North Pittsburg, TX 75686 Phone: +1 (866) 839-8477 Email: bids@tips-usa.com Page 2 of 32 pages Vendor: TEXAS AIRSYS"I'RMS 220106 Addendum 2 Signature Email Submitted at 1/31/2022 11:43:36 AM No response No response No response No response No response Bid Attributes 11Yes-No Disadvantaged/Minority/Women Business Enterprise - D/M/WBE/Federal HUBZone (Required by some participating governmental entities). Vendor certifies that their firm is a D/M/WBE or HUBZone? Vendor must upload proof of certification to the "Response Attachments" D/M/WBE CERTIFICATES section. No 21Yes-No Historically Underutilized Business - HUB (Required by some participating governmental entities) Vendor certifies that their firm is a HUB as defined by the State of Texas at https://comptroller.texas.gov/purchasing/vendor/hub/. Proof may be submitted. Vendor must upload proof of certification to the "Response Attachments" HUB CERTIFICATES section. No 31Yes-No The Vendor can provide services and/or products to all 50 US States? No 4 I States Served: If answer is NO to question #3, please list which states can be served. (Example: AR, OK, TX) Texas 5 � Company and/or Product Description: This information will appear on the TIPS website in the company profile section, if awarded a TIPS contract. (Limit 750 characters.) Texas Air Systems is one of the largest HVAC Equipment suppliers serving all of Texas. We have been providing equipment, service and turnkey solutions for over 30 years. Our success and philosophy have always been customer satisfaction driven. Texas Air Systems prides itself on having the most technically competent sales professionals and staff in the industry. 6 � Primary Contact Name Primary Contact Name Ryan Williams 7 � Primary Contact Title Primary Contact Title Account Executive 8 � Primary Contact Email Primary Contact Email ryan.williams@texasairsystems.com 9 � Primary Contact Phone Enter 10 digit phone number. (No dashes or extensions) Example: 8668398477 5127880360 Page 5 of 32 pages Vendor: TEXAS AIRSYS"I'RMS 220106 Addendum 2 No response No response 2 Admin Fee Contact Phone � Enter 10 digit phone number. (No dashes or extensions) Example: 8668398477 9726523181 2 Purchase Order Contact Name � Purchase Order Contact Name. This person is responsible for receiving Purchase Orders from TIPS. Bill Engebretsen 2 I Purchase Order Contact Email 2 Purchase Order Contact Email bille@texasairsystems.com 2 Purchase Order Contact Phone 3 Enter 10 digit phone number. (No dashes or extensions) Example: 8668398477 9726523181 2 Company Website 4 Company Website (Format - www.company.com) www.texasairsystems. com 2 Entity D/B/A's and Assumed Names 5 Please identify all of your entity's assumed names and D/B/A's. Please note that you will be identified publicly by the legal name under which you responded to this solicitation unless you organize otherwise with TIPS after award. Texas Air Systems 2 Primary Address 6 Primary Address 6029 Campus Circle Drive West Suite 100 2 Primary Address City 7 Primary Address City Irving 2 Primary Address State 8 Primary Address State (2 Digit Abbreviation) TX 2 Primary Address Zip 9 Primary Address Zip 75063 Page 7 of 32 pages Vendor: TEXAS AIRSYS"I'RMS 220106 Addendum 2 3 Search Words: � Please list search words to be posted in the TIPS database about your company that TIPS website users might search. Words may be product names, manufacturers, or other words associated with the category of award. YOU MAY NOT LIST NON-CATEGORY ITEMS. (Limit 500 words) (Format: product, paper, construction, manufacturer name, etc.) HVAC, Piping, Temtrol, York, ABB, VFD, VAV, AHU, Chiller, VRF, DX, Split, Rooftop, Controls 3 Do you want TIPS Members to be able to spend Federal grant funds with you if awarded? Is it your � intent to be able to sell to our members regardless of the fund source, whether it be local, state or federal? Most of our members receive Federal Government grants or other funding and they make up a significant portion of their budgets. The Members need to know if your company is willing to sell to them when they spend federal budget funds on their purchase. There are attributes that follow that include provisions from the federal regulations in 2 CFR part 200, etc. Your answers will determine if your award will be designated as eligible for TIPS Members to utilize federal funds with your company. Do you want TIPS Members to be able to spend Federal funds, at the Member's discretion, with you? Yes 3IYes-No 2 Certification of Residency - The vendor's ultimate parent company or majority owner: (A) has its principal place of business in Texas; C�7:7 (B) employs at least 500 persons in Texas? This question is required as a data gathering function for information to our members making purchases with awarded vendors. Does not affect scoring with TIPS. Yes 3 Company Residence (City) 3 Vendor's principal place of business is in the city of? Irving 3 Company Residence (State) 4 Vendor's principal place of business is in the state of? TX Page 8 of 32 pages Vendor: TEXAS AIRSYS"I'RMS 220106 Addendum 2 3 Discount Offered - CAUTION READ CAREFULLY BECAUSE VENDORS FREQUENTLY MAKE MISTAKES 5 ON THIS ATTRIBUTE QUESTION Remember this is a MINIMUM discount percentage so, be sure the discount percentage inserted here can be applied to ANY OFFERING OF GOODS OR SERVICES THROUGH OUT THE LIFE OF THE CONTRACT CAUTION: BE CERTAIN YOU CAN HONOR THIS MINIMUM DISCOUNT PERCENTAGE ON ANY OFFERED SERVICE OR GOOD NOW OR DURING THE LIFE OF THE CONTRACT. If awarded on PART 1, what is the MINIMUM percentage discount off of any item or service you offer to TIPS Members that is in your regular catalog (as defined in the solicitation specifications document), website, store or shelf pricing or when adding new goods or services to your offerings during the life of the contract? The resulting price of any goods or services Catalog list prices after this discount is applied is a ceiling on your pricing and not a floor because, in order to be more competitive in the individual circumstance, you may offer a larger discount depending on the items or services purchased and the quantity at time of sale. Must answer with a number between 0% and 100%. 5% 3 MINIMUM Discount Term 6 If awarded on PART 1, does the vendor agree to at least offer, for the life of the Agreement, the Minimum Discount Percentage off list or catalog proposed by Vendor in response to the Attribute entitled "Discount Offered - CAUTION READ CAREFULLY BECAUSE VENDORS FREQUENTLY MAKE MISTAKES ON THIS ATTRIBUTE QUESTION"? TIPS will utilize this response to satisfy the Long Term Cost scoring evaluation criteria on PART 1. A"YES" answer will be awarded the maximum 10 points for this criterion out of the 100 total points and a"NO" answer is awarded 0 points. YES 3 Yes - No 7 If awarded on Part 1 of the TIPS Contract, for the duration of the Contract, Vendor agrees to provide, upon request, their then current catalog pricing, as defined in the solicitation and below, to TIPS upon request for any goods and services offered on PART 1 of the Vendor's TIPS Contract, if any. "Catalog" means the available list of tangible personal property or services, in the most current listing, regardless of date, during the life of the contract, that takes the form of a catalog, price list, schedule, shelf price or other form that: A. is regularly maintained by the manufacturer or Vendor of an item; and B. is either published or otherwise available for inspection by a customerduring the purchase process; C. to which the minimum discount proposed by the proposing Vendor may be applied. YES 3 TIPS administration fee $ By submitting a proposal, I agree that all pricing submitted to TIPS shall include the participation fee, as designated in the solicitation or as otherwise agreed in writing and shall be remitted to TIPS by the Vendor or the vendor's named resellers and as agreed in the Vendor agreement. I agree that the fee shall not and will not be added by the vendor as a separate line item on a TIPS member invoice, quote, proposal or any other written communications with the TIPS member. Page 9 of 32 pages Vendor: TEXAS AIRSYS"I'RMS 220106 Addendum 2 3 REQUIRED FOR PART 2 JOC - PRICING OF Regular Hours Coefficient 9 What is your regular hours coefficient for the RS Means Price Book? (FAILURE TO RESPOND PROHIBITS PART 2 JOC EVALUATION) Remember that this is a ceiling price proposed. You can discount lower than your proposed contract coefficient, but not higher. This is one of three pricing questions that are required for consideration for award on this solicitation. Please consider your answer carefully. An explanation of the TIPS scoring of pricing is included in the attachments for your information. The below is an Example of how pricing model works (not intended to influence your proposed coefficient, you should propose a coefficient that you determine is right for your business): To propose the exact pricing as the RS Means Unit Price Book, you would insert a 1.0 and to propose a 5% discount for the RS Means Price Book would be a.95 regular hours coefficient and so on. 1.2 4 REQUIRED FOR PART 2 JOC - PRICING OF After Hours Coefficient � What is your after hours coefficient for the RS Means Price Book for work performed after normal working hours? (FAILURE TO RESPOND PROHIBITS PART 2 JOC EVALUATION) Remember that this is a ceiling price proposed. You can discount to any TIPS Member customer a lower coefficient than your proposed contract coefficient, but not higher. This is one of three pricing questions that are required for consideration for award on this solicitation. Please consider your answer carefully. An explanation of the TIPS scoring of pricing titled "Pricing Coefficient Instruction" is included in the attachments for your information. The below is an EXAMPLE of how the pricing model works (It is not intended to influence your proposed coefficient, you should propose a coefficient that you determine is reasonable for your business for the life of the contract): The most common after hours coefficient is time and a half of the RS Means Unit Price Book prices. To illustrate this coefficient, if your regular hours coefficient is .95, your after hours coefficient would be 1.45. 1.7 4 I REQUIRED FOR 2 PART JOC - PRICING for Markup of Non-Prepriced Items in RS Means Unit Price � Book YOU MUST ENTER A PERCENTAGE NOT A COEFFICIENT. What is your proposed Markup Percentage on materials not found in the RS Means Price Book? (FAILURE TO RESPOND PROHIBITS PART 2 JOC EVALUATION) If any materials being utilized for a project cannot be found in the RS Means Price Book, this question is what is the markup percentage on those materials? When answering this question please insert the number that represents your percentage of proposed markup. YOU MUST ENTER A PERCENTAGE NOT A COEFFICIENT. Example: if you are proposing a 30 percent markup, please insert the number "30". Remember that this is a ceiling markup. You may markup a lesser percentage to the TIPS Member customer when pricing the project, but not a greater percentage. EXAMPLE: You need special materials that are not in the RS Means Unit Price Book for a project. You would buy the materials and mark them up to the TIPS Member customer by the percentage you propose in this question. If the materials cost you, the contractor, $100 and you proposed a markup on this question for the material of 30 percent, then you would charge the TIPS Member customer $130 for the materials. YOU MUST ENTER A PERCENTAGE NOT A COEFFICIENT. 38% Page 10 of 32 pages Vendor: �I�EXAS nIRSYS"I'RMS 220106 Addcndum 2 shall never No response No response 5 I Antitrust Certification Statements (Tex. Government Code § 2155.005) 3 By submission of this bid or proposal, the Bidder certifies that: I affirm under penalty of perjury of the laws of the State of Texas that: (1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below; (2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law; (4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company. Page 13 of 32 pages Vendor: �I�EXAS nIRSYS"I'RMS 220106 Addcndum 2 5 I Suspension or Debarment Instructions 4 Instructions for Certification: 1. By answering yes to the next Attribute question below, the vendor and prospective lower tier participant is providing the certification set out herein in accordance with these instructions. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and / or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participants," "person," "primary covered transaction," "principal," "proposal" and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction" without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and / or debarment. 5 Suspension or Debarment Certification 5 By answering yes, you certify that no federal suspension or debarment is in place, which would preclude receiving a federally funded contract as described above. Yes Page 14 of 32 pages Vendor: �I�EXAS nIRSYS"I'RMS 220106 Addcndum 2 5 Non-Discrimination Statement and Certification 6 In accordance with Federal civil rights law, all U.S. Departments, including the U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov. (Title VI of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title 7 CFR Parts 15, 15a, and 15b; the Americans with Disabilities Act; and FNS Instruction 113-1, Civil Rights Compliance and Enforcement — Nutrition Programs and Activities) All U.S. Departments, including the USDA are equal opportunity provider, employer, and lender. Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. I certify that in the performance of a contract with TIPS or its members, that our company will conform to the foregoing anti-discrimination statement and comply with the cited and all other applicable laws and regulations. �❑ Yes, I certify (Yes) 5 2 CFR PART 200 Contract Provisions Explanation 7 Required Federal contract provisions of Federal Regulations for Contracts for contracts with ESC Region 8 and TIPS Members: The following provisions are required to be in place and agreed if the procurement is funded in any part with federal funds. The ESC Region 8 and TIPS Members are the subgrantee or Subrecipient by definition. Most of the provisions are located in 2 CFR PART 200 - Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards at 2 CFR PART 200. Others are included within 2 CFR part 200 et al. In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non- Federal entity under the Federal award must contain provisions covering the following, as applicable. Page 1� of 32 pages Vendor: �I�EXAS nIRSYS"I'RMS 220106 Addcndum 2 5 2 CFR PART 200 Contracts $ Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 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. Notice: Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party. Does vendor agree? Yes 5 2 CFR PART 200 Termination 9 Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process for cause after giving the vendor an appropriate opportunity and up to 30 days, to cure the causal breach of terms and conditions. ESC Region 8 and TIPS Members reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process for convenience with 30 days notice in writing to the awarded vendor. The vendor would be compensated for work performed and goods procured as of the termination date if for convenience of the ESC Region 8 and TIPS Members. Any award under this procurement process is not exclusive and the ESC Region 8 and TIPS reserves the right to purchase goods and services from other vendors when it is in the best interest of the ESC Region 8 and TIPS. Does vendor agree? Yes 6 2 CFR PART 200 Clean Air Act � Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as 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 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Pursuant to the Clean Air Act, et al above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members requires that the proposer certify that during the term of an award by the ESC Region 8 and TIPS Members resulting from this procurement process the vendor agrees to comply with all of the above regulations, including all of the terms listed and referenced therein. Does vendor agree? Yes Page 16 of 32 pages Vendor: �I�EXAS nIRSYS"I'RMS 220106 Addcndum 2 6 2 CFR PART 200 Byrd Anti-Lobbying Amendment � Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 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 U.S.C. 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. Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members requires the proposer certify that during the term and during the life of any contract with ESC Region 8 and TIPS Members resulting from this procurement process the vendor certifies to the terms included or referenced herein. Does vendor agree? Yes 6 2 CFR PART 200 Federal Rule 2 Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $250,000) Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members requires the proposer certify that in performance of the contracts, subcontracts, and subgrants of amounts in excess of $250,000, the vendor will be in compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). Does vendor certify that it is in compliance with the Clean Air Act? Yes 6 2 CFR PART 200 Procurement of Recovered Materials 3 A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental 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. Does vendor certify that it is in compliance with the Solid Waste Disposal Act as described above? Yes Page 17 of 32 pages Vendor: �I�EXAS nIRSYS"I'RMS 220106 Addcndum 2 6 2 CFR PART 200 Rights to Inventions 4 If the 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 of 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. Pursuant to the above, when the foregoing applies to ESC Region 8 and TIPS Members, Vendor certifies that during the term of an award resulting from this procurement process, Vendor agrees to comply with all applicable requirements as referenced in the Federal rule above. Does vendor agree? Yes 6 2 CFR PART 200 Domestic Preferences for Procurements 5 As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of 2 CFR Part 200.322, "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stag through the application of coatings, occurred in the United States. Moreover, for purposes of 2 CFR Part 200.322, "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum, plastics and polymer-based products such as polyvinyl chloride pipe, aggregates such as concrete, glass, including optical fiber, and lumber. Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies that to the greatest extent practicable Vendor will provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). Does vendor agree? Yes 6 2 CFR PART 200 Ban on Foreign Telecommunications 6 Federal grant funds may not be used to purchase equipment, services, or systems that use "covered telecommunications" equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. "Covered telecommunications" means purchases from Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities), and video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies that Vendor will not purchase equipment, services, or systems that use "covered telecommunications", as defined by 2 CFR §200.216 equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Does vendor agree? Yes Page 18 of 32 pages Vendor: �I�EXAS nIRSYS"I'RMS 220106 Addcndum 2 Applicable ONLY to contracts in excess of $100,000 involving mechanics or laborers 7 FEMA Fund Certifications � Submission of this proposal is Vendor's certification that Vendor agrees to this term. Vendor certifies that IF and when Vendor accepts a TIPS purchase paid for in full or part with FEMA funds, Vendor certifies that: (1) Vendor agrees to provide the TIPS Member, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to and rights to reproduce any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Vendor agrees to provide the FEMA Administrator or an authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. Vendor acknowledges and agrees that no language in this contract or the contract with the TIPS Member is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. (2) The Vendor shall not use the Department of Homeland Security's seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. (3) The Vendor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. (4) The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. (5) The Vendor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Vendor's actions pertaining to this contract. 7 Certification of Compliance with the Energy Policy and Conservation Act � When appropriate and to the extent consistent with the law, Vendor certifies that it will comply with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq; 49 C.F.R. Part 18) and any mandatory standards and policies relating to energy efficiency which are contained in applicable state energy conservation plans issued in compliance with the Act. Does Vendor agree? Yes Page 20 of 32 pages Vendor: �I�EXAS nIRSYS"I'RMS 220106 Addcndum 2 7 I Certification Regarding Lobbying 2 Applicable to Grants, Subgrants, Cooperative Agreements, and Contracts Exceeding $100,000 in Federal Funds Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by section 1352, Title 31, U.S. Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all covered subawards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly. I HAVE NOT Lobbied per above 7 Lobbying Report Standard Form-LLL, "disclosure Form to Report Lobbying," 3 ONLY IF you answered "I HAVE Lobbied per above" to attribute above titled "Certification Regarding Lobbying", please download and complete and upload the Standard Form-LLL, "disclosure Form to Report Lobbying," in the Response attachments section. 7 I Subcontracting with small and minority businesses, women's business enterprises, and labor surplus 4 area firms. Do you ever anticipate the possibility of subcontracting any of your work under this award if you are successful? IF NO, DO NOT ANSWER THE NEXT ATTRIBUTE QUESTION. . IF YES, and ONLY IF YES, you must answer the next question YES if you want a TIPS Member to be authorized to spend Federal Grant Funds for Procurement. YES Page 21 of 32 pages Vendor: �I�EXAS nIRSYS"I'RMS 220106 Addcndum 2 7 ONLY IF YES TO THE PREVIOUS QUESTION OR if you ever do subcontract any part of your 5 performance under the TIPS Agreement, do you agree to comply with the following federal requirements? ONLY IF YES TO THE ABOVE QUESTIONS OR if you ever do subcontract any part of your pertormance under the TIPS Agreement, do you agree to comply with the following federal requirements? Federal Regulation 2 CFR §200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. (a)The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. (b) Affirmative steps must include:(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce ; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs(1) through (5) of this section. YES 7 I If proposing on PART 2, Davis-Bacon Act compliance. 6 IF proposing on PART 2, Texas Statute requires compliance with Davis-Bacon Act, as amended (40 U.S.C. 3141- 3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part S, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act {40 U.S.C. 314S), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public 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. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. BY SUBMITTING A PROPOSAL FOR PART 2 OF THIS SOLICITATION, the Vendor agrees, AS REQUIRED BY LAW, to comply with the Davis Bacon Act, IF APPLICABLE and if proposing on PART 2 of this solicitation. Page 22 of 32 pages Vendor: �I�EXAS nIRSYS"I'RMS 220106 Addcndum 2 No response No response No response No response 8 I Payment Terms and Funding Out Clause $ Payment Terms: TIPS or TIPS members shall not be liable for interest or late payment fees on past due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding Out Clause: Vendor agrees to abide by the laws and regulations, including Texas Local Government Code § 271.903, or any statutory or regulatory limitations of the jurisdiction of any TIPS Member which governs contracts entered into by the Vendor and TIPS or a TIPS Member that requires all contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body. See statute(s) for specifics or consult your legal counsel. Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. Do you agree to these terms? �❑ Yes, I Agree (Yes) 8 I Insurance and Fingerprint Requirements Information 9 Insurance If applicable and your staff will be on TIPS member premises for delivery, training or installation etc. and/or with an automobile, you must carry automobile insurance as required by law. You may be asked to provide proof of insurance. Fingerprint It is possible that a vendor may be subject to Chapter 22 of the Texas Education Code. The Texas Education Code, Chapter 22, Section 22.0834 & 22.08341. Statutory language may be found at: http://www.statutes.legis.state.tx.us/ If the vendor has staff that meet both of these criterion: (1) will have continuing duties related to the contracted services; and (2) has or will have direct contact with students Then you have "covered" employees for purposes of completing the attached form. TIPS recommends all vendors consult their legal counsel for guidance in compliance with this law. If you have questions on how to comply, see below. If you have questions on compliance with this code section, contact the Texas Department of Public Safety Non-Criminal Justice Unit, Access and Dissemination Bureau, FAST-FACT at NCJU@txdps.state.tx.us and you should send an email identifying you as a contractor to a Texas Independent School District or ESC Region 8 and TIPS. Texas DPS phone number is (512) 424-2474. See form in the next attribute to complete entitled: Texas Education Code Chapter 22 Contractor Certification for Contractor Employees Page 2� of 32 pages Vendor: �I�EXAS nIRSYS"I'RMS 220106 Addcndum 2 9 Texas Education Code Chapter 22 Contractor Certification for Contractor Employees � Introduction: Texas Education Code Chapter 22 requires entities that contract with school districts to provide services to obtain criminal history record information regarding covered employees. Contractors must certify to the district that they have complied. Covered employees with disqualifying criminal histories are prohibited from serving at a school district. Definitions: Covered employees: Employees of a contractor or subcontractor who have or will have continuing duties related to the service to be performed at the District and have or will have direct contact with students. The District will be the final arbiter of what constitutes direct contact with students. Disqualifying criminal history: Any conviction or other criminal history information designated by the District, or one of the following offenses, if at the time of the offense, the victim was under 18 or enrolled in a public school: (a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law or the laws of another state. I certify that: NONE (Section A) of the employees of Contractor and any subcontractors are covered employees, as defined above. If this box is checked, I further certify that Contractor has taken precautions or imposed conditions to ensure that the employees of Contractor and any subcontractor will not become covered employees. Contractor will maintain these precautions or conditions throughout the time the contracted services are provided. OR SOME (Section B) or all of the employees of Contractor and any subcontractor are covered employees. If this box is checked, I further certify that: (1) Contractor has obtained all required criminal history record information regarding its covered employees. None of the covered employees has a disqualifying criminal history. (2) If Contractor receives information that a covered employee subsequently has a reported criminal history, Contractor will immediately remove the covered employee from contract duties and notify the District in writing within 3 business days. (3) Upon request, Contractor will provide the District with the name and any other requested information of covered employees so that the District may obtain criminal history record information on the covered employees. (4) If the District objects to the assignment of a covered employee on the basis of the covered employee's criminal history record information, Contractor agrees to discontinue using that covered employee to provide services at the District. Noncompliance or misrepresentation regarding this certification may be grounds for contract termination. None Page 26 of 32 pages Vendor: �I�EXAS nIRSYS"I'RMS 220106 Addcndum 2 9 Texas Business and Commerce Code § 272 Requirements as of 9-1-2017 � SB 807 prohibits construction contracts to have provisions requiring the contract to be subject to the laws of another state, to be required to litigate the contract in another state, or to require arbitration in another state. A contract with such provisions is voidable. Under this new statute, a"construction contract" includes contracts, subcontracts, or agreements with (among others) architects, engineers, contractors, construction managers, equipment lessors, or materials suppliers. "Construction contracts" are for the design, construction, alteration, renovation, remodeling, or repair of any building or improvement to real property, or for furnishing materials or equipment for the project. The term also includes moving, demolition, or excavation. BY RESPONDING TO THIS SOLICITATION, AND WHEN APPLICABLE, THE PROPOSER AGREES TO COMPLY WITH THE TEXAS BUSINESS AND COMMERCE CODE § 272 WHEN EXECUTING CONTRACTS WITH TIPS MEMBERS THAT ARE TEXAS GOVERNMENT ENTITIES. 9 Texas Government Code 2270 & 2270 Verification Form 2 Texas Government Code 2270 & 2271 Verification Form If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this Agreement has a value of $100,000 or more, the following certification shall apply; otherwise, this certification is not required. Pursuant to Chapter 2271 of the Texas Government Code, the Vendor hereby certifies and verifies that neither the Vendor, nor any affiliate, subsidiary, or parent company of the Vendor, if any (the "Vendor Companies"), boycotts Israel, and the Vendor agrees that the Vendor and Vendor Companies will not boycott Israel during the term of this Agreement. For purposes of this Agreement, the term "boycott" shall mean and include refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with Israel, or with a person or entity doing business in Israel or in an Israeli- controlled territory, but does not include an action made for ordinary business purposes. Our entity further certifies that it is is not listed on and we do not do business with companies prohibited by Texas Government Code 2270 or that are on the Texas Comptroller of Public Accounts list of Designated Foreign Terrorists Organizations per Texas Gov't Code 2270.0153 found at https://comptroller.texas.gov/purchasing/docs/foreign-terrorist.pdf I swear and affirm that the above is true and correct. YES 9 Logos and other company marks 3 Please u load our com an lo o to be added to our individual rofile a e on the TIPS website. If an articular P Y P Y 9 Y P P J YP specifications are required for use of your company logo, please upload that information under the "Logo and Other Company Marks" section under the "Response Attachment" tab. Preferred Logo Format: 300 x 225 px -.png, .eps, .jpeg preferred Potential uses of company logo: * Your Vendor Profile Page of TIPS website * Potentially on TIPS website scroll bar for Top Performing Vendors * TIPS Quarterly eNewsletter sent to TIPS Members * Co-branding Flyers and or email blasts to our TIPS Members (Permission and approval will be obtained before publishing) Page 27 of 32 pages Vendor: �I�EXAS nIRSYS"I'RMS 220106 Addcndum 2 No response No response No response See See See See See 1 Acknowledgement � By submitting this proposal, Vendor certifies that it has read, examined, and understands all portions of this 0 solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if found to be necessary by the proposing vendor, vendor has sought the advice of counsel in understanding all portions of the solicitation. Page 32 of 32 pages Vendor: �I�EXAS nIRSYS"I'RMS 220106 Addcndum 2 ADDENDUM NO. 1 TIPS 220106 Comprehensive HVAC (2 Part with JOC) This Addendum #1 does not require action from responding Vendors and does not require resubmission for Vendors who have already submitted. It is only to correct a misstatement originally included in Pages 4-5 of the solicitation attachment entitled "220106 RCSP Specifications." The original pages 4-5 provided for and discussed a term of years of, "approximately two (2) years with an option for renewal extension for an additional three (4) consecutive one (1) year terms." This Addendum No. 1 corrects it to properly state and describe a term of, "approximately two (2) years with an option for renewal extension for an additional two (2) consecutive one (1) year terms" as expanded upon below. Specifically, the section entitled "Term of Agreement and Renewals" starting on Page 4 and ending on Page 5 of the attachment entitled "220106 RCSP Specifications" is now changed to read as follows: "Term of Agreement and Renewals The Agreement with TIPS is for approximately two (2) years with an option for renewal extension for an additional two (2) consecutive one (1) year terms. The first renewal extension year shall be automatic unless the awarded vendor notifies TIPS of its objection to the first additional one (1) year renewal extension. If TIPS offers the second one (1) year renewal extension terms, the vendor will be notified by email to the primary contact of the awarded Vendor and shall be deemed accepted by the Vendor unless the awarded vendor notifies TIPS of its objection to the additional term. TIPS may or may not exercise the available extension(s) provided in the original solicitation beyond the base term. Whether or not to offer the renewal extension years is at the sole discretion of TIPS. "Start Date" for Term Calculation Purposes Only: Regardless of actual award/effective date of Contract, for Agreement "term" calculation purposes only, the Agreement "start date" is the last day of the month that Award Notifications are anticipated as published in the Solicitation. Example: If the anticipated award date published in the Solicitation is August 27, 2020 but extended negotiations delay award until September 24, 2020 the end date of the resulting initial "two-year" term Agreement, (which is subject to an extension(sJJ will still be August 31, 2022 in this example "Termination Date": The scheduled Agreement "termination date" shall be the last day ofthe month of the month of the Original Solicitation's Anticipated Award Date plus two years. Example: If the original term is approximately two years, and the solicitation provides an anticipated award date of August 27, 2020, the expiration date of the original two-year term shall be August 31, 2022 in this example. Extensions: Any extensions of the original term shall begin on the next day after the day the original term expires. Example Following the Previous Example: If TIPS offers a one-year extension, the expiration of the extended term shall be August 31, 2023 in this example. TIPS may offer to extend Vendor Agreements to the fullest extent the original Solicitation permits. Total term of Agreement can be up to the number of years provided in the solicitation or as limited by statute." ADDENDUM NO. 2 TIPS 220106 Comprehensive HVAC (2 Part with JOC) This correction does not require action from responding Vendors and does not require resubmission for Vendors who have already submitted unless you wish to correct the optional form entitled "PART 2IOC Priting of Itemized List of Means Non-Prepriced Items" based on the information herein. This Addendum is only to correct a misstatement on the original optional attachment entitled "PART 2 JOC Pricing of Itemized List of Means Non-Prepriced Items." The attachment mistakenly provided for and discussed "Attribute 39." Specifically, any erroneous reference to "Attribute 39" on the specified attachment should be considered immediately replaced with "the Attribute Question asking for Pricing for Markup of Non- Prepriced Items in RS Means Unit Price Book." Please disregard any reference to Attribute 39 on this optional form and consider it to be referencing the Attribute Question asking for "Pricing for Markup of Non-Prepriced Items in RS Means Unit Price Book" instead. rr L � a N V � _ � .� C � V s O a� � Q. t 0 3 U � O � 0 N N a LL � � a � t/f W U Z w � 11..� L.L W � � v � .� a v i v � � � � v U C 4J 4J 4J � c 0 .�' � � Q i � v � v 4J t � (O 4J L a--� � .� � � N v U C � ai v 3 O L G1 � a� � s � � +' G1 N � L � � � � � � � U � L � a � � L ia v .N � � � c � �> 0 O � � � � � o � O .G1 � � > � � 3 � � L � � fC f0 LL +S+ v U c a� a� N L.(1 N > � c ca � � O � v � .> O Q � ca � � O } � � � O o0 N lD c-I c-I I� lD l0 N M � � O lD � .-1 I� O CY �r1 � LP1 00 00 � N � � i i i i i i O N I� N N c-I r-I � r-I .--I 00 M 00 00 d � 00 lD 00 N N i � � W � � N � 3 i � O +, w � � +� s a� � � O QJ N C � � N � U � 7 J � � s U �1 QC � � � � U � G X U � � v LLJ a--+ � I� � . � � Y = O v Q O � � p O O i � � � cn m H c C � N o L � }' L � ai � a� f} o ai d C U U +.' i ! u m � � � m o�c +�-� tlA N �6 = v �. � � � � i C � > p � i U � Vf 0 t% t% H i i � > .� o 0 � � � 0 — � � +�+ N � 4J dA +-� N �O � L C U1 N z O O (> i — cn �' � U O � v� � bA � i U +-+ X i f6 C �--+ C � 4J i. w � � Q � U � CERTIFICATION BY CORPORATE OFFERER COMPLETE ONLY IF OFFERER IS A CORPORATION, THE FOLLOWING CERTIFICATE SHOULD BE EXECUTED AND INCLUDED AS PART OF PROPOSAL FORM/PROPOSAL FORM. OFFERER: TEXAS AIR SYSTEMS LLC TRAVIS MARTIN (Name of Corporation) certify that I am the Secretary of the Corporation I, (Name of Corporate Secretary) named as OFFERER herein above; that RYAN WILLIAMS (Name of person who completed proposal document) who signed the foregoing proposal on behalf of the corporation offerer is the authorized person that is acting as ACCOUNT EXECUTIVE - TIPS CONTRACT CONTACT (Title/Position of person signing proposal/offer document within the corporation) of the said Corporation; that said proposaUoffer was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. CORPORATE SEAL if available ' �� SIGNATURE 1 /29/22 DATE � 1. � i '� ' T�e uir-ed Conf dential Infflrmat�on tatus Fflrm Name of ca►npany Texas Air 5ystems Printed Narr�e an[� Ti#fe oF authorized cvm�any oificer declarin�; k�elow the confidential status of material Ryan Williams - Accaunt Exec Address ir�ing City TX75fl63 972-576-471]0 State 7IP Phone . � .. � .Y fi ... .: � .�., �. ;asi "��i�$� �'�� i��.-..5_. + .."..5��a:3 . ._�.. i �. . r �'e i���s8..75i�; ..R: . , _ i`�€ C�NFID�NTIA€� 1Nf'DKMATION 5[]BMITTE� IN RESPDNSE TQ COMPETITIVE PRQCLJREMENT RE�UFSTS C)F Ei][JCAT]QN SERVIC� C�NTLR REGf�N 8 AND TIPS {ESC$] IS GOVFTtNED SY TEXAS G[)VFR�IMENT C�DE, C}�{APTEA SS? lf } ou consider ai�y po�tio�� o1'yQur praposal to be ct�nfidential information and not subject ta publi� disclosure pursuant to Chapter 552 'I'exas Ga�'t Cade or other iati(s}, yau tnust__afiach a con►° vf alI claimed confidential materials within yaur prnposal and pu# this CUMPL�TED forni as a co�er sheet E❑ said materials the� scan, naine "C�NFti}FNT1riL" and up�oad ►vith your prvpasal subniission. (Yc��� mtist include all the enz�fidenti�i infDnnation in ihe stibn�itted prUppsa�. 'I'he Copy up�oacled is tn indicate �vliich inaterial in y�ur pro�asal, if�any, you dec�n ct�nfidential in the e�ent the recei�es a Pubiii �nfarmation Request.} ESCB and TIPS will fnilo� prncedures of contralling stat«te(s} re�arding any �1aim of contidentialiry ai�d shall not be liabie for any release of informatior3 req�3ired b� la��. Upon ynur �laim and yaur defense to the C7tfi�e oFTexas Attorney Generai is required to make the izr�al determination whether the infanr�ation submitted hy° you and held �y F'SC$ a��d T[PS is contidential and exempt from puhiic disclosure. .s • � .. ,. �.. `�q r • r � - - r � . - • � 5 C' '� ..F % ""k ': y' . 1 "P _. A (,' J a } a 1 t{�:..... �{n.S'L1.��'�J�;�Y.� 6V1U �'+. �,�i�`��.�9���..0 ... � itdi :�Y" s S"9�. J i?:�F,r {.Ji' g F':,I:a],,A ±:�:E_3.�'�i�4 . �3I'T�[)'`[ � : -��:, �. �.,',��.��.�1�� ��E��'i� i:3$� ti� 4' }�i�,?��;ysa�� !;� �9€ ['.Crtu i�it�� il [.<iN and DD NOT [�eSli'C fU Eapl'QSS�j' WalVe S Cidlf7l ❑t COfitlC�e[if17�1[V Of d�� 1[ifOriT7afIOt7 GOfld�ll7eC{ W1i�71t7 pUC t`�S�IOf'lS� �0 illE S[3I1CIi3tl4[l, T�l� attc3CheCI CDIi�a{t15 3Y33Ieila� �1'�IT] DLIT proposal t3�at I classi#y aiid deem cnnfic�e��tial ti�nder'iexas Gn�'t Code Sec. SS2 or ntfier law(s} ar�d I i�i�oke my statutory rigl�ts ta �anfidei�tial treacment of the enclosed materials. � _ .,, .y: i, c , � � .. .:� `, s: '� :a�'; r: 3; , . �`t � :['����: I-i:�i.. Yt �d_ ��� ��: �� ;h ��-; :,�- � i 'I'��� ti! II=I�T'�; '-�.� -i i =i`, i�3' 3 � , :t'� •g• \1.4 s._€ti i i a.ts °:;. .1��i?.i� �.,� � 1l) �:i€. l'r°.=.�i".� < <. � _ �'s�ti�. ��i §�i;-f�'1.:�= ; €'i:,, ATTACHED ARE G�PIES D� PAGES C3F CI.AIME17 C[J�iFII]ENTIAL MA`F'ERTAL FF�QM {7UR PRUPUSAL TIIAT' WE ❑E�M T� B� NDT PUI3LIC tNP[}AMATi�N AND WILL DEFEND THAT CL�I.INI TC7 TI-�E TEXA� ATT�RN�Y GENERAL IF REQiJESTED WHEN A F'UBLFC INFORMATION REQiJEST IS MAD� F�R UUR PR4P�5AL. S i gnature �I � � �� ZZ ---------------------------------....---------________..______ �� ��. ----------_______.._.,___---------------------,.------ . . �� �� .... ..... _' ..�k .;ri�4' f3$� iFzL' �'rf'6,'�.3ii�;'<3s {? �:�:' �°�p¢I��4E� Fi�:,S�, s' ¢� ' ,y :.` 5..::'. '�N:: d e'a. "+'>2. 9. u i =i" �.'� ''rf'i. a.. +�F".._ Exnress Wai�°er: I desire ta ex�ressly wai�e a��y claim af ��n�identiality as ta any° and a1i infarmation contained witllin nur respanse to the competiti�e pracurcment process [e.g. RF�', C:SP, Bid, I�kQ, etc.} by con7pl�ting the fallowin� and submittin�; this sheet witl� ❑ur respanse to �ducation Ser�i�e Center Reginn $ and TIl'�, Si�nature I�ate Cnnlidc�tialil� Claim Fnnn r�� IUf]i2[]2DRE' TI PS Contract 220106 Texas Air Systems is one of the largest HVAC Equipment suppliers serving all of Texas. We have been providing equipment, service and turnkey solutions for over 30 years. Our success and philosophy have always been customer satisfaction driven. TexasAirSystems prides itself on havingthe most technically competent sales professionals and staff in the industry. The following page is a list of our manufacturer partners www.texasa i rsystems.com TEXAS �iRs�sTEms� AUI��If1G PARTiIFA$HIP$ - .4AON° �� �� �� �� �� �� �bla�luf�arturer I'artners RERCO` A,�e.a�d World leader in creating comfortable indoor Technology ]eader innovating digitally connected A recognizcd lcadcr in dclivcring cost-effective, environments, efficiently, through thc manufacture and enabled systems including variable frequency commercia] caidcnsing boilers, high-efficiency water of custom commercial-use HVAC equipment drives and commercia] clectrica] equipment heaters and cncrgy rccovcry solutions �AGronomic FORGROWIH AirFizture —� �amiad", WqTErz STEMS The standard for commercial growers to deliver the The global leader of underfloor air distribution, A sophisticated g1oUa1 leader in water treatment and most precise temperature/humidity control in the designed to enhance indoor air quality and reduce filtration solutions including condenser, chilled, hot industry, with exceptional energy efficiency. energy consumption in a variety of applications and domestic water suitable for various systems N�EIr controls Making Venturi Valves, Venturi PX Valves (IIigh Accuracy'Perminals) and standard VAV airflow contro] devices for use in critical spaces ::::� Applied Air Climate control systems designed for direct and indiroct fircd gas makc-up air units, air turnover and evaporative cooling systems ARMSTRONG � Industry standard for packaged pumping systems, integrated plant control, commcrcial pumps, heat exchangers, dirt/airseparators,and more sATB Solutions for fouling prevention in straight, shell and tube heat exchangers (including chillers); minimizing fouling and maximizing energy savings �I ����r Providing hcalthicr, morc producti�•c intcrior environments with unequaled precision b5• monitoring and cleaning the air we hreathe BELIMO O Global devclopers of hcat transfcr solutions including cooling towers, closed circuit coolers, evaporative condensers and ice thermal storage oA; � Wall motint packaged A/C and heat pump equipment Leader in the production of actuator solutions for Air purification and corrosion protection systems for designed to scrvc thc education, mobilq spring rcturn and clectronic fail-safe dampers, all cnvironments that arc enginecrcd for lasting telecommunications and comrncrcial markets firc/smokc spring return dampers and control vahcs quality, high perfor�nancc and encrgy sa��ings ��� Blender� ��� Products B�U�DU�T B�aCK. WATER HEATERS Manufacturing HVAC products with a uniquc focus An undcrground duct system made from ultra- Manufacturing thc highest quality gas, oil, ducl fucl, on air and gas mixing through thc application of durablc polycthylene engineered to protect against cicctric, indirect, solar, and gco-thermal watcr static mixing technology corrosion, mold/mildew, radon, rust and air leaks heaters with industry-leading innovation � Bry-Air � �BRYAN: BOILERS. BURN:;AM' Leading manufacturer of desiccant dehumidifier The original manufacturer of flexible water tube hot Engineered and inanufactured steam and hot water products and services for technically complex water and steam boilers, designed to work in the boilers with blowdown heat recoaery systems, feed applicatio�s with critical quality roquirements toughcst HVAC applicatio�s water systcros, watcr softeners and more CCSolutions� ..omposite Cooling Solutions, LP. Cooling towcr solutions providcr specializing in the construction of custom built pultruded composite, field-erected FRP and concrete cooling towers /� i • • IIrCf PAI(� --�condair Manufacturer of fully integratcd modular ccntral Humidificr and evaporative cooling manufacturer plants that provide completc chillcd watcr and hot working to meet specific applications with thc most water solutions in a cost-effective manner efficient/cost effective solutions available � . ~J dataaire Precise by Duigii A premier-global authority in the design and Manufacturer of rooftop units and easily Precision air control for data processing centers that manufacturing of fans, blo�vers, vents, laboratory installahle rooftop screening, built to fit any existing configures a mission-critical cooling sy°stem saving exhaust systems, and energy recovery ventilators RTU and aeailable with a variety of custom options data, energy and money for companies globally �urkeesox`R Air Dispersfon System Offering higl� quality elastomeric tl�ermal insulation, customized fabric air duct and A/C system integration globally for the ]ast 2g years EASYWJ ArERa w�- Manufacturer of water treatment solutions that minimize water waste, the use of chcmicals, and maintenance in commercial HVAC applications ENERVEX� �, VENTING DESIGN SOLUTIONS Venting solutions offering demand-controlled mechanical draft exhaust and combustion malce-up air systems for boilers, heaters, ur other vents TexasAirSystems.COCIl \ GQ'9 Campus (;ircle llri�•e W.. 5uitc 100. ]r�•inn. TX 7)OG3 •!vlain: 9??.j;"{I./k7I10 TEXAS �iRs�sTEms� 9UI��If1G PARTiIFA$HIP$ - �enVerid ,, ��I ENVIRO TEC �'��l]1Ll��l�(l�l"Cf ��.iC[I1�C5 ITr Indoor air treatment, automated regeneration, Single-duct and fan powcrcd VAV tcrminals, fan coil A leadcr in thc watcr source and geo-thermal heat outside xir manxgement and monitoring/reporting units and blower coil units ineeting the highest pump categories providing heating, cooling and that lowers energy consumption and system costs standards for quiet, efficient performance dehumidification on a global scale FRANKLIN CCJNTROL SYSTEMS �OVERNAIR GRISWOLD CONTROLS Motor starters, soft starters, building automation Industry innoaator of HVAC systems specializing in Leader in flow control technology including starters, motor control componcnts and cooling tower custom air handling units, integrated packagc automatic or manual balancing � al� cs, pressure controls for aarious markets rooftop units, and prefab centra] plants independent control valacs, and coil packages �HUNTAIR� ��uytte�i lohnson �%�(� � controls A lcadcr in mecting critical air management Phe original manufactwcr of thc ceiling fan, A global leadcr committed to creating intelligent requirements in fan wal] technology and custom air providing industrial high-efficiency HVLS ceiling buildings, efficient energy solutions, innovative handling units with installations globally fans that require minimal maintenance and repairs systems, and integrated infrastructures � LG ����/IING M' MILLER-PICKING'" Llfes Gaod A leader and innovator across global business Controlling the temperature/quality of outside air Providers of custom air handler products and categories for eariable refrigerant flow (VRP) with integral face and bypass coils, air curtains, unit solutions �vith a focus on design, reliability, and systems, ductless split systems a�d Y'1'AC systcros heaters, duct furnaces and door heaters flexibility with improved products and performance 111@MULTISTACK` M Munters ��� NORTEK � Originarors.Innovamrs.Neverthelmitators. YouraPrP�ccr�m�cP AIR SOLUTIONS Ultra high-cfficicncy packaged and inodular chillers, A global leader in innovative, energy-efFicient and A globa] industrial company that leverages its design process cooling chillcrs, oil-frcc Maglev chillcrs, and sustainablc climate solutions for mission-critica] and and manufacturing capabilitics to deliver innovative heat recovery chillers commercial processes air management for commercial IIVAC markets • y � � Or�on � PONAROLN P07TORFF° Control Systems N�o�a�o�;ATEo Manufacturer of automated systems allowing IIVAC Designer of commercial andindustrial airflow and Manufacturer of UL-rated fire/smoke dampers, components to be interconnected, networked and pressure sensing elements, room or space pressure louvers and noise control products with an emphasis expanded to provide a complete solution monitoring, and control systems on quality, time sensitivity and competitive prices �r�c� �I���i� Redd-i A WATIS B.a�d Market leadcr in manufacturing and supplying air Manufacturing comma�cial ASMF, wata� hcatcrs in a Supplying the industry with quality/affordable VAV distribution, critica] controls, rcgisters, grilles, wide range of energy sources including gas, electric, systems, duct heaters, hazardous location unit diffusers, terminal tmits and noise control products steam, and oil ranging from ig9 MBH to �,000 MBH heatcrs and residential wal] heaters �RenewAire � 5@�@SCO ��HIPCO" � h'nergy Recouery V nti[at ion PLJ M PS One of the largest manufacturers of �nergy Recovery Manufactures of multi-purpose dehumidifiers setting Pennsylvania-based manufacturers of condensate Ventilation (ERV) technology in North America with new standards for quality, performance and return pumps, boiler feed pumps, deaerators, and industry-leading building design reliability in dehumidification systems vacuum pumps for a variety of applications sPiRo =Rm �� � � p�]OC3 ��'S'�CQl1 ■ ■ BOILER �_i�_i Manufacturers of the high efficiency coalescing-type Leading manufacturer of Scotch Marine Piretube, Modular systems in a controlled factory air elimi�atioi� products and dirt scparators, condcnsing boilers and boiler room cquipment for environme�t, limiting risk, shortcning timelines and improving watcr quality in systems proccss stcam, hotwatcr andwastc recoacry improving quality comparedto traditiona] methods ' ��� S�/Stef7lalf THERMAL ❑OTemtrol SOLUTION:s Manufacturing a widc rangc of fans for usc in aarious Manufacturer of high-quality custom, packagcd and Providcrs of innovativc hot �vatcr systcros for applications, from sinall office premises to large knockdown air handlers, fan retrofit systems, and environmentally-friendly, high-efficiency heating as industrial applications new/replacement coils for commercial applications the only company that manufactures copper boilers TexasAirSystems.COCIl \ GQ'9 Campus (;ircle llri�•e W.. 5uitc 100. ]r�•inn. TX 7)OG3 •!vlain: 9??.j;"{I./k7I10 TEXAS �iRs�sTEms� 9pl.��ff1G Pr",R-➢ER$HIP$ - TIGE � LOW 'l�� UVRESOURCES ���a��ut��c�i�rer Par�ners � VENMAR CES Manufacturcr of pump packages, skids, and domestic I.cadcr in thc education, design and innovative A pioneer in commercial air-to-air energy recovery, water booster systems with the xbility to design and engineering of industrial-grxde ultraviolet-C (UV-C) heat ventilation and 100% outside air units with huild for a variety of HVAC applications equipment solutions for IIVAC applications over one-million installations across North America � Ventrol� _� VIBRO�COUSTICS� � Swegon Group mm�a�y Innovative custom air handling solutions for retr•ofit National designer and manufacturer of high-quality An integrated approach to noise and vibration; and new construction buildings working to dcliver products that control aibration isolation, shock and manufacturing silcncers, quict air handling units, high qualiry products for divcrsc applications sound control in HVAC and industrial applications acoustical enclosures, barricrs and acoustic louvers � The Whalen Company �YORK� Manufacturing tanks built to AYI standards with Manufacturcrs of thc original vcrtical stack and Global brand of air handling units, packaged/split first-dass materials and workmanship for a varicty watcr sourcc hcat pump (WSITY); innovators of air DX systems, ducticss/VRF scstcros and chilled water of industrial and commercial applications handlers and water cooled air conditioners systems that optimize environments TexasAirSystems.COCIl \ GQ'9 Campus (;ircle llri�•e W.. 5uitc 100. ]r�•inn. TX 7)OG3 •!vlain: 9??.j;"{I./k7I10 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. CONFLIGT OF 1NTEREST c�UEST141�NA1RE FC7R�1 ClQ For ve€�dor cioinc� b�asl�ess wltF� loc�l �ov�rn�rrent�l entlry This q�assoionrsaire reflecas chas�ges made ro tha law by H.H. 23, E�ih Leg., R�gular S�essaoa�. OFFiCEUSE4NLY €�sis �zsfi�nns�ire is oei� :� Ails� ir� �coar�:nr.e ��vi1F Gh�t��r � ��;. LU:aI rc•d�mnianr Gx1��. �y a �r ��� r:; hc �.,_., ';'',="•'= = �ss a busines� rP�a�i�-nshl� as daFin� b�� Secai�3n '1:6.o01f1-a? •�11h a 1x3� �Uvernn]en3al �ntir� ar� ih� v�r�ar m�s� re+�uir�me�ts undar 5ecti�r, 1�6.i�r��(al. Ey Ixh i1.i; quN�t+anr:.sire rt��l he ii€a� wilh €he rer.nrd�. �dminis�ru;or ci the I�caf gwamrran:al �n[ity nt•1 latar ih�n �a rN businass day anQr �he �atq th� vnna�� t��x'mss awaro �i fa::s �ha: rcquire the saa�er�e�t ta b� ii€ed. Seo �+cii�n 1's_or3;ta-i1, Lo�f Gavamme�t ��. A�r�nc�ir co€nmi:is ar aiensa Et 1i�� vendor e.r�sfi•in�P� vio�air� Sa��iora 1; 8.�a�6, Cocaf �caernmc�rst �c�Ja. Ar� ai�ar�s� �rk��r �his ��ic�n is a mssdameano;. � Name ofvandorwkro h�s a busirress relu.tionshipwith EacAI gover�menl�sl entity. 2�Check this box it you arc� fi�ing an updai� ta a pnsviausFy Filed q ueslianna�i re, (�h? law r�quik r�s th�[ y�+� f:lr., ccn �p�atse r�m�leted a�asti�r�r,�i�� tvii� t��a apprc�priatc fliz�g a�thorihj not �atar U'��,� Y�e 7th btt�i�ess d�rf ufter ths �#1ts cm �^��hich y�u hecam�+ s�a�r� thai ih� �r;�inally iCl�d qu�+sti�nna:i¢� ivaa �ne;omple�_� or i�a�.��ra.t,��.i � Narns flf ic�ca! �ov$rnrraent ofticer ubout wham 11x> infarmatiq� is being d"escl4sed. Fda�1� �f (J41�'n_r a[aascribe each empioymenfi nr oti�r tousir�ss ra.lAtian�hip with the foG�l g�veavtt��nt oificer, or a ium9iy member of lh� o#E€car, �s dascril�d by Section 176.603 (a�(2,)(Aj, A9so d�escri�e any famity Eselatioreship with t�se locai government ot#icer. Gampfata s�bparts A and B tareach �+mplfly�nant o� businc+ss reiatinnship des�c�ibed. Attach ad�iit�oa�al pages ko this Forrn G[Q as ne�cessary. k. I� tna I��I gw9�nrri�nt �,ffi�.yr e,r � famih� �n��nLa� of i�A ufficer recearin� vr I;ka:y t;, rac�^re _�.ti«i�z ;n�c�me, uth�r ih�n i�ra�sstment inc��me, i�rm tha wendc,r? � Y2 s � hd o E. Is th2u�n�cr re�eiti� ina cr lik��y ic� re.c�;°v�a i�ah�e inco�rrA, a'ther t��n irn���tmenB i��com�, icom �r at th� d'arection 4f �ne local g��r�¢ne�t officar r�c � f�r�i��y msmGar �f t�a �ffica_�A,h1Cs t��g ta:�:ahle ir,r�m� is n�i r�r�aivad fr�m th� Itseal gov��r�m�ntal �ntily? � v�s � r� � 5 Describe each amploymant ar busin�ss rel�tioroship that �he ven�or na�ed in Sect�a�ai 1 ma[nt�[ns w'rlh a carporatio� ar olher busir�ss antity with rsspact lo which lhe ]ocaf gov�rnment off€car sar�es ns �an ofFicer or dir�tar, or holds �n owttership interest aF one per�ni o� more. 6 � t`hQ[k Sit�.s Gax if t-�a r�n�ior hae• q^'er� tha I��al goue�nm�nt af,� �r nr � famih/ �a��es oY fhe o`i;ce? 0�9 �ar rr�ora eins as de_�r<�sd i� �� �:i�2� 1� fl.Cv'��yf,2;rE}, azc�u��inr� !��fts +je cnbed �n Sectian 176_GO.�,a 1 j. � ���� � �� � - �� ,I13 ��-� .�r�n3t�re at va:»c•r oiinr ,�sint •�::nn t �> g�:; ar:"��n:� ar•���' ua:a Farm �rrr�uidnd t�y T�xas E€hi�� Core-�r*issao� n;s•n,et'aics_sl3t€�.4x.us ��i� �+6I�:�'� �ONFLI�� �F Ih�TERE�T QUE�TI��JNAIRE For v�ndor doir�g bu�irpess wit� local ga�vernmen�al �ntity A cam�lete copy o� Cfi�apter � 7� of E.#�e Loc a� ;avernment �od� may �e fo�n� at h4tp:,:�l+uww. s�a€��es_�eg�s_state.tx _t�s�' Docs;'L�� htm� L� 176.fii[�n. F�r easy referer�ce, b��aw are so�ne �f the sec��ons ciked an t�is form. Local �avemEnent Cad� � 176.001{1=a1: "B�siness re�at�ansfi�ip�� rneans a connection beiweer� twa or rnore pa�ties based cn cammercia; activit}� of o�re af the parties. The ter{n does not ir�clude a connection ba�se-� on_ (A1 a r��n�action that is subject to rate or fee regulation by a�e�era�, s�aEe, �r iaca� �overnme�t�al entity oi an agency �f a federa�, sta;e, or 2ccal grnrernmenta� e�rtity; {B) a trans�v[icn conducted at � pric� and s�bjecE to terr�s ava�lable to �he pubiic; or (�} a pu rch ass or lease of �ac�ds or servi� es trom a person t*�at is ch a;tere� by a state or fes�eral agency and that is s��ject tc regula; exarninaticn by, and repar[ing ta. :ha; age?�cy. �aea1 Governrnent Code � 176.0�3ta1{21iA1 and iB1: ; a; A;c�a� g�rernment o�fic8! sha:i file a canfli�tsdisclasu�e s€atementw� respecE to ave��o� i€: (2} t�evendor: iAl has an er�p3oymentoratherbusaness relationshipwi�the local government o�r�cerar a farriih{ fnembe� of the afticer that resui�s �n the officar �r #arni#y mernber recei�ing tax�ble ir�come, o�#�er than irnrestr�er�f income. that excee�s ��.wOQ durin� the 1�-manth period p�ecedi!�g the daEe that t#�e atficer becomes aware that �;i:� a oon[�acF �eiween the loc�l grnrernrner+.ka; entity a��v�ndor has been executed; �r �ii) t�re loca1 govern�nantal entityr +s considering en�ering �nko � cantracE w�th the +.��dor: (�} h�S OIY�fI C� Cfi1$ IOC81 �0�5F�fllff3$f5[OffIC2f Or8 f�ff11�'f ffl�f;lb2f Of E�3$ O�IC�f Of32 Of f.IOF���if[S tha[ have an aggreg�te va �ue of more than $140 in the 12-month per�ad pr�ce-� ing t�se dat� [h 8 officerbecarrres aware �at: (ij a ca�;Eract beiween the local governrne�;Eal entityr and vendoi ;�as beer� execut8d; �r [ii) �he icval �c�vernrnental en[s;}r �s considering enteri;�g into � contract with tl�e ver,dar_ Laeal Ga�+ernrrten# Cod� tt 176.�06ia1 an� ia-11 ; a; A uend�r sl7all'i'e a vompleted ccnflict af interest q�estionr�aire if the vendor h�s a�usiness relatia�s#�ip Wli��d �OCB� L�01r�f!1r19�:ia� �fltl�'f ��?d" (1 } tras an ernployrr�ent ar ather b�siness relatianship with a I� a1 �overnmett officer af that l�cal �a+rernmental a�t�ty, arafarni#y rnembero�the �fficer, �escribedbySec�i�n 176_�03;aj�,�j(Ai; (2} has givers a�cr�al grnr8rnment offi�e� o� kh�[ loca� grnrernrraentai e�sEityr. ar a�amdy member of the af�cer. one ar mar8 grftswith the a�grecate v�lue s�ecified �y Section 17�.043{aj��j(B�, exc�udino arr� gittde�ribe�by�ection �76.0O3(a-,1;ot �;31 has a fafnih� relationshi� with a lacal governrner�; affice� o[ that local governrnenta� entity_ �a-3) Thecom�let8dcanflict�fir,kerestques[i�nr�airemusEbefiledwiththeappro�riaterecordsa�rn3nistratoi r±oR later than the seventh busi�,ess �ay afier t�e 3ater of= �; I�� tt�e date tt�at the vendor (Aj bes�ins disvussions ar negotiatior�s ta e�ker �nto a contract with [�e lacal g�v�r�rr�ental e�tity; of ( 6� subm i#s to the I aca3 gorernrrienkal entity an �ppiicaEi on, respo�se to a req�es[ for prapasals or bids, corresporderce, or another writing re�ated to a potential cont�acE with �i�e �ocal s�OV$'lr�ffl2^F�I E�'1C�i}r; 0{ i�] k�e �at� the ver,�or become� aware: (Aj o� an �mployment oT other �usir�ess re�ak��nsn;� with a lacal government off:cer, ar a farnih� mernbe� �f the �fficer, �escribed by SubsBctio� (a�= (B1 tha[!hev�ndafhasgiv�r���eormoregifts�escribedby�ubsectio�a(a��a� (C) ofafafn�lyrelatior�shi�wi[i�alocalgaver�mentotr:cer_ Formpraro�dedbyTexasEBhicsCar,sr�iss?aT vrww_ethics.state.ax.us �e,,;sed 11';'2�2• City of Fort Worth, Mayor and Texas Council Communication DATE: 10/31/23 M&C FILE NUMBER: M&C 23-0919 LOG NAME: 13P COOP TIPS 220106 COMPREHENSIVE HVAC SERVICE EC PMD SUBJECT (ALL) Authorize Execution of an Agreement with Texas AirSystems, LLC Using The Interlocal Purchasing System Contract Number 220106 for an Annual Amount Up to $130,000.00 for the Purchase of Comprehensive Heating Ventilation Air Conditioning Services for the Property Management Department RECOMMENDATION: It is recommended the City Council authorize execution of an agreement with Texas AirSystems, LLC using The Interlocal Purchasing System Contract Number 220106 for an annual amount up to $130,000.00 for the purchase of comprehensive heating ventilation and air conditioning services, and authorize two, one-year renewal options for up to the same annual amount for the Property Management Department. DISCUSSION: The Property Management Department (PMD) approached the Purchasing Division to finalize an annual agreement with Texas AirSystems, LLC using The Interlocal Purchasing System (TIPS) Contract Number 220106 for comprehensive heating ventilation air conditioning services on an as-needed basis. Funding is budgeted in the Property Management Departments roll up within the General Fund. State law provides that a local government purchasing an item under a Cooperative Purchasing Agreement satisfies state laws requiring that the local government seek competitive bids for the purchase of the item. TIPS 220106 has been competitively bid to increase and simplify the purchasing power of government entities. TIPS Contract No. 220106 has a term through March 31, 2025, with one one-year renewal option. The Request for Proposal was published on January 6, 2022, and responses were opened on February 18, 2023. TIPS contracts offer fixed discounts. Staff reviewed the pricing and determined it to be fair and reasonable. ADMINISTRATIVE CHANGE ORDERS - 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. AGREEMENT TERMS — The City's initial term will begin on the date of execution and expire on March 31, 2024 with two possible renewals of one year each in the same annual amount. RENEWAL OPTIONS — This Agreement may be renewed for up to two additional one-year terms, in accordance with the terms of the TIPS Contract. A M/WBE goal is not assigned when purchasing from an approved purchasing cooperative or public entity. This project will serve ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the recommendation, funds are available in the current operating budget, as previously appropriated, in the General Fund. Prior to an expenditure being incurred, the Property Management Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office b� Reginald Zeno 8517 Dana Burghdoff 8018 Originating Business Unit Head: Reginald Zeno 8517 Ricardo Salazar 8379 Additional Information Contact: Jo Gunn 8525 Eugene Chandler 2057