The URL can be used to link to this page

R-2023-040 - 2/9/2023 RESOLUTION NO. R-2023-040 WHEREAS, the City of Round Rock ("City") desires to complete the Buck Egger Park Synthetic Turf Conversion ("Project"); and WHEREAS, Chapter 271, Subchapter F of the Texas Local Government Code allows for local governments to participate in cooperative purchasing programs with other local governments; and WHEREAS, the Interlocal Purchasing System ("TIPS") is a cooperative purchasing program administered by the Region 8 Education Service Center for the purpose of procuring goods and services for its members; and WHEREAS, the City is a member of TIPS; and WHEREAS, Act Global Americas, Inc. is an approved vendor of TIPS; and WHEREAS, the City now wishes to enter into a "Standard Form of Agreement Between Owner and Contractor" with Act Global Americas, Inc. through TIPS Contract No. 20020501, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a "Standard Form of Agreement Between Owner and Contractor" with Act Global Americas, Inc. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 0112.20232:4865-2549-2300 RESOLVED this 9th day of February, 2023. 4AZ CRAIG RGA , ayor City of Round R 01 Texas ATTEST: MEAGAN SPNKS, ty Clerk 2 TIPS VENDOR AGREEMENT Between Act Global Americas Inc. and (Company Name) THE INTERLOCAL PURCHASING SYSTEM (TIPS), a Department of Texas Education Service Center Region 8 for TIPS RFP 200205 Synthetic or Natural Sports Fields, Courts or Tracks 2 Part 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 with the TIPS Member. Non-JOC Vendor Agreement Ver.01142020.sr Page 1 Agreements Agreements for purchase will normally be put into effect by means of a purchase order(s) executed by authorized agents of the TIPS Member participating government entities, but other means of placing an order may be used at the Member's discretion. Tax exempt status Most TIPS Members are tax exempt and the related laws and/or regulations of the controlling jurisdiction(s) of the TIPS Member shall apply. Assignments of Agreements No assignment of 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 and Renewal of Agreements The Agreement with TIPS is for three(3)years with an option for renewal for an additional one(1)consecutive year if both parties agree. TIPS may or may not exercise the one-year extension beyond the base three-year term and whether or not to offer the extension is at the sole discretion of TIPS. The scheduled Agreement termination date shall be the last date of the month of the last month of the agreement's legal effect. Example:If the agreement is scheduled to end on May 23, the anniversary date of the award, it would actually be extended to May 31 in the last month of the last year the contract is active. Automatic Renewal Clauses Incorporated in Awarded Vendor Agreements with TIPS Members Resulting from the Solicitation and with the Vendor Named in this Agreement. No Agreement for goods or services with a TIPS Member by the awarded vendor named in this Agreement that results from the solicitation award named in this Agreement, may incorporate an automatic renewal clause that exceeds month to month terms with which the TIPS Member must comply. All renewal terms incorporated in an Agreement by the vendor with the TIPS Member shall only be valid and enforceable when the vendor receives written confirmation by purchase order,executed Agreement or other written instruction issued by the TIPS Member for any renewal period. The purpose of this clause is to avoid a TIPS Member inadvertently renewing an Agreement during a period in which the governing body of the TIPS Member has not properly appropriated and budgeted the funds to satisfy the Agreement renewal. This term is not negotiable and any Agreement between a TIPS Member and a TIPS awarded vendor with an automatic renewal clause that conflicts with these terms is rendered void and unenforceable. Shipments The Vendor shall ship, deliver or provide ordered products or services within a commercially reasonable time after the receipt of the order from the TIPS Member. If a delay in said delivery is anticipated,the Vendor shall Non-JOC Vendor Agreement Ver.01142020.sr Page 2 notify TIPS Member as to why delivery is delayed and shall provide an estimated time for completion of the order. TIPS or the requesting entity may cancel the order if estimated delivery time is not acceptable or not as agreed by the parties. Invoices 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. 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 to pay the participation fee to TIPS for all Agreement sales upon receipt of payment including partial payment,from the Member Entity or as otherwise agreed by TIPS in writing and signed by an authorized signatory of TIPS. 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 due to TIPS from the Vendor. Reporting of Sales to TIPS by Vendor Vendor is required to report all sales under the TIPS contract to TIPS. If the TIPS Member entity requesting a price from the awarded Vendor requests the TIPS contract,Vendor must include the TIPS Contract number on any communications with the TIPS Member entity. To report sales, the Vendor must login to the TIPS Vendor Portal online at https://www.tips-usa.com/vendors form.cfm and click on the PO's and Payments tab. Pages 3- 7 of the Vendor Portal User Guide will walk you through the process of reporting sales to TIPS. Please refer to the TIPS Accounting FAQ's for more information about reporting sales and if you have further questions, contact the Accounting Team at accounting@tips-usa.com. The Vendor or vendor assigned dealers are responsible for keeping record of all sales that go through the TIPS Agreement and submitting same to TIPS. Failure to render the participation fee to TIPS shall constitute a breach of this agreement with our parent governmental entity, Texas Education Service Center Region 8, as established by the Texas legislature and shall be grounds for termination of this agreement and any other agreement held with TIPS and possible legal action. Any overpayment of participation fees to TIPS by a Vendor will be refunded to the Vendor within ninety(90) days of receipt of notification if TIPS receives written notification of the overpayment not later than the expiration of six(6) months from the date of overpayment and TIPS determines that the amount was not legally due to TIPS pursuant to this agreement and applicable law. It is the Vendor's responsibility to identify which sales are TIPS Agreement sales and pay the correct participation fee due for TIPS Agreement sales. Any notification of overpayment received by TIPS after the expiration of six (6) months from the date of overpayment will be non- refundable. Region 8 ESC and TIPS reserve the right to extend the six (6) month deadline to notify if approved by the Region 8 ESC Board of Directors. TIPS reserves all rights under the law to collect the fees due. Please contact TIPS at tips@tips-usa.com or call (866) 839-8477 if you have questions about paying fees. Non-JOC Vendor Agreement Ver.01142020.sr Page 3 Indemnity The Vendor agrees to indemnify and hold harmless and defend TIPS,TIPS Member(s),officers and employees from and against all claims and suits by third parties for damages, injuries to persons (including death), property damages, losses, and expenses including court costs and reasonable attorney's fees, arising out of, or resulting from,Vendor's 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 the Member Entity or as otherwise agreed by TIPS in writing and signed by an authorized Non-JOC Vendor Agreement Ver.01142020.sr Page 4 signatory of TIPS. 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 of the purchase order at the TIPS Member's discretion. Awarded Vendor must identify any additional costs associated with compliance of this term.If no costs are specified,compliance with this term will be provided at no additional charge. Safety measures:Awarded Vendor shall take all reasonable precautions for the safety of employees on the worksite, and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Awarded Vendor shall post warning signs against all hazards created by the operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers,general public and existing structures from injury or damage. Safety Measures Awarded Vendor shall take all reasonable precautions for the safety of employees on the worksite, and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Awarded vendor shall post warning signs against all hazards created by the operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers,general public and existing structures from injury or damage. Smoking Persons working under Agreement shall adhere to the TIPS Member's or local smoking statutes, codes or policies. Non-JOC Vendor Agreement Ver.01142020.sr Page 5 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.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- Non-JOC Vendor Agreement Ver.01142020.sr Page 6 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 competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding,waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing,voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Venue for any dispute resolution process,other than litigation, between TIPS and the Vendor shall be located in Camp or Titus County, Texas. Project Delivery Order Procedures The TIPS Member having approved and signed an interlocal agreement,or other TIPS Membership document, may make a request of the awarded Vendor under this Agreement when the TIPS Member desires goods or services awarded to the Vendor. Notification may occur via phone,the web, courier,email,fax, or in person. Upon notification of a pending request, the awarded Vendor shall acknowledge the TIPS Member's request as soon as possible, but must make contact with the TIPS Member within two working days. Status of TIPS Members as Related to This Agreement TIPS Members stand in the place of TIPS as related to this agreement and have the same access to the proposal information and all related documents. TIPS Members have all the same rights under the awarded Agreement as TIPS. Vendor's Resellers as Related to This Agreement Vendor's Named Resellers ("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. Non-JOC Vendor Agreement Ver.01142020.sr Page 7 Support Requirements If there is a dispute between the awarded Vendor and TIPS Member, TIPS or its representatives may assist, at the sole discretion of TIPS, 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. If there 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.gov/purchasing/docs/foreign-terrorist.pdf You certify that if the certified statements above become untrue at any time during the life of this Agreement that the Vendor will notify TIPS within 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: 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 $1,000,000 each Occurrence/Aggregate Automobile Liability $300,000 Includes owned, hired & non-owned Workers' Compensation Statutory limits for the jurisdiction in which the Vendor performs under this Agreement. Umbrella Liability $1,000,000 Non-JOC Vendor Agreement Ver.01142020.sr Page 8 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 P rog ra m. • 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 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. Non-JOC Vendor Agreement Ver.01142020.sr Page 9 TIPS Vendor Agreement Signature Form RFP 200205 Synthetic or Natural Sports Fields, Courts or Tracks PART 1 ONLY Company Name Act Global Americas Inc. Address 4201 W Parmer Ln STE B175 CityAustin State TX Zip 78727 Phone 5127335300 Fax 5127335326 Email of Authorized Representative lbaize @ actglobal.com Name of Authorized Representative John Baize Title CEO Signature of Authorized Representative ".— Date 3/16/2020 TIPS Authorized Representative Name Meredith Barton Title Chief Operating Officer TIPS Authorized Representative Signature Approved by ESC Region 8 464ak A Date 4/28/2020 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. l Ala IGNW ov" 200205 Addendum 2 Act Global Americas Inc Supplier Response Event Information Number: 200205 Addendum 2 Title: Synthetic or Natural Sports Fields, Courts or Tracks 2 Part Type: Request for Proposal Issue Date: 2/6/2020 Deadline: 3/30/2020 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 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. Contact Information Contact: Kristie Collins, Contracts Compliance Specialist Address: Region 8 Education Service Center 4845 US Highway 271 North Pittsburg, TX 75686 Phone: +1 (866) 839-8477 Page I of 27 pages Vendor.Act Global Americas Inc 200205 Addendum 2 Fax: +1 (866) 839-8472 Email: bids@tips-usa.com Page 2 of 27 pages Vendor.Act Global Americas Inc 200205 Addendum 2 Act Global Americas Inc Information Contact: Mark Weightman Address: 4201 West Parmer Lane Austin, TX 78727 Phone: (512) 733-5300 Email: mweightman@actglobal.com By submitting your response, you certify that you are authorized to represent and bind your company. Christopher Vaage cvaage@actglobal.com Signature Email Submitted at 3/30/2020 11:05:23 AM Supplier Note We are a dynamic, global synthetic turf company committed to "Be More". We have manufacturing facilities on three continents and a trusted network around the world. Our mission to "Be More" is ingrained in every facet of our business, every employee and throughout our value chain. With a foundation of innovation, integrity and quality, Act Global strives to positively impact society and maximize land use through the use of synthetic turf. Act Global is a world leader in synthetic turf technology with an ISO 9001 Quality Certified manufacturing facility in Calhoun, Georgia. Act Global is a FIFA Quality Licensee and preferred supplier for World Rugby, the International Hockey Federation, and the United Soccer League. The Act Global Speed Series is the leading brand for NFL & NCAA Division I Football Fields and has been featured in the New Orleans Superdome 2013, 2017, and 2018, New York Met Life Stadium 2014, and Minneapolis U.S. Bank Stadium 2016 and 2019. Requested Attachments Vendor Agreement part 1 ActGlobal-200205 Vendor Agreement—PART ONE ONLY.pdf The vendor must download the Vendor Agreement from the attachment tab, fill in the requested information and upload the completed agreement. DO NOT UPLOAD encrypted or password protected files. Agreement Signature Form part 1 ActGlobal-200205 Agreement_Signature_Form_ PART ONE ONLY-Signed.pdf If you have not taken exception or deviation to the agreement language in the solicitation attributes, download the AGREEMENT SIGNATURE FORM from the"ATTACHMENTS"tab. This PDF document is a Tillable form. Download the document to your computer, fill in the requested company information, print the file, SIGN the form, SCAN the completed and signed AGREEMENT SIGNATURE FORM, and upload here. If you have taken exception to any of the agreement language and noted the exception in the deviations section of the attributes for the agreement, complete the AGREEMENT SIGNATURE FORM, but DO NOT SIGN until those deviations have been negotiated and resolved with TIPS management. Upload the unsigned form here, because this is a required document. Vendor Agreement Part 2 ActGlobal-200205 Vendor Agreement_JOC_PART 2 ONLY.pdf If proposing on Part 2, the vendor must download the Vendor Agreement from the attachment tab, fill in the requested information and upload the completed agreement. DO NOT UPLOAD encrypted or password protected files. Agreement Signature Form Part 2 ActGlobal-200205 Agreement_Signature_Form_ PART 2 ONLY-Signed.pdf If proposing on Part 2, the vendor must download the Vendor Agreement from the attachment tab, fill in the requested information and upload the completed agreement. DO NOT UPLOAD encrypted or password protected files. Page 3 of 27 pages Vendor.Act Global Americas Inc 200205 Addendum 2 Part 1 Pricing Spreadsheet#1 Final ActGlobal-200205 Pricing_form_1_PART ONE ONLY.xlsx The vendor must download the PRICING SPREADSHEET SHEET from the attachment tab, fill in the requested information and upload the completed spreadsheet. DO NOT UPLOAD encrypted or password protected files. Part 1 Pricing Spreadsheet#2 ActGlobal-200205 Pricing_form_2_PART ONE ONLY.xlsx The vendor must download the PRICING SPREADSHEET SHEET from the attachment tab, fill in the requested information and upload the completed spreadsheet. DO NOT UPLOAD encrypted or password protected files. Part 2 Pricing Sheet JOC ActGlobal-200205 PART 2 JOC RS MEANS pricing form.pdf If the Vendor is proposing Part 2, the vendor must download the "PART 2 RS Means JOC PRICING_FORM" from the attachment tab, fill in the requested information and upload the completed agreement. DO NOT FAIL TO COMPLETE ALL SECTIONS AND BLANKS IN THE FORM OR IT COULD RENDER YOUR RESPONSE INVALID. If not proposing on Part 2, mark form NO BID and attach. DO NOT UPLOAD encrypted or password protected files. References Act Global Reference Form - JOC Part 2.xlsx Valid Reference Email addresses are REQUIRED on the spreadsheet. The vendor must download the References spreadsheet from the attachment tab, fill in the requested information and upload the completed spreadsheet. DO NOT UPLOAD encrypted or password protected files. Proposed Goods and Services ActGlobal-Products-TIPS-2020.pdf Please upload one or more documents or sheets describing your offerings, line cards, catalogs, links to offerings OR list links to your offerings that illustrate the catalog of proposed lines of goods and or services you carry and offer under this proposal. I does not have to be exhaustive but should, at a minimum tell us what you are offering. It could be as simple as a sheet with your link to your online catalog of goods and services. Resellers/Dealers - COMPLETE AND UPLOAD ONLY IF YOU HAVE ActGlobal-Reseller_Dealers_Sheet.xlsx RESELLER OF YOUR GOODS OR SERVICES PROPOSED OPTIONAL FOR PART 1 ONLY -complete and upload ONLY IF YOU HAVE RESELLERS of your products, complete and upload this form. This resellers document is for proposers to list any other companies that resell their products. Only list resellers of your products that are located in the US or Canada. Example: If a furniture manufacturer were responding to our RFP, then the furniture manufacturer would list on the resellers list sheet the furniture dealers that carry their products. D/M[WBE Certification OPTIONAL No response D/M/WBE Certification documentation may be scanned and uploaded if you desire to claim your status as one of the identified enterprises. (Disadvantaged Business Enterprise, Minority Business Enterprise and/or Woman Business Enterprise) If vendor has more than one certification scan into one document. (PDF Format ONLY) DO NOT UPLOAD encrypted or password protected files. Warranty Act-Global-8yr-Insured-Sample-Warranty-Package-2020.pdf Warranty information (if applicable) must be scanned and uploaded. (PDF Format ONLY) DO NOT UPLOAD encrypted or password protected files. Supplementary Act-Global-Supplementary-Docs-2020.pdf Supplementary information can be scanned and uploaded. (Company information, brochures, catalogs, etc.) (PDF Format ONLY) DO NOT UPLOAD encrypted or password protected files. All Other Certificates Act-Global-Certificates-2020.pdf All Other Certificates (if applicable) must be scanned and uploaded. If vendor has more than one other certification scan into one document. (PDF Format ONLY) DO NOT UPLOAD encrypted or password protected files. Logo and Other Company Marks Act-Global-Xtreme-Turf-Logos.zip Page 4 of 27 pages Vendor.Act Global Americas Inc 200205 Addendum 2 Conflict of Interest Form CIQ- ONLY REQUIRED IF A CONFLICT EXISTS PER THE No response INSTRUCTIONS ONLY REQUIRED IF A CONFLICT EXISTS PER THE INSTRUCTIONS Conflict of Interest Form for Vendors that are required to submit the form. The Conflict of Interest Form is included in the Base documents or can be found at https://www.tips-usa.com/assets/documents/docs/CIQ.pdf. Certificate of Corporate Offerer - ActGlobal-CERTIFICATION OF CORPORATE OFFERER FORM-Signed.pdf COMPLETE ONLY IF OFFERER IS A CORPORATION COMPLETE AND UPLOAD FORM IN ATTACHMENTS SECTION ONLY IF OFFERER IS A CORPORATION Lobbying Report Standard Form-LLL, "disclosure Form to Report Lobbying," No response If you answered "I HAVE Lobbied per above" to attribute #66, please download and complete and upload the Standard Form-LLL, "disclosure Form to Report Lobbying," in the Response attachments section. Confidentiality Form Confidentiality-Form-Signed-Dated.pdf REQUIRED CONFIDENTIALITY FORM. Complete the form according to your company requirements, make any desired attachments and upload to the appropriate section under"Response Attachments" THIS FORM DETERMINES HOW ESC8/TIPS RESPONDS TO LEGAL PUBLIC INFORMATION REQUESTS. Bonding Capacity Letter from Surety/Insurance Company Act Global Bonding Letter 3-18-20.pdf REQUIRED IF YOU ARE PROPOSING ON PART 2 -Attach the Bonding Capacity Letter from Surety/Insurance Company. if you do not have one available at time of proposal, attached a letter stating it will be submitted when received to prove bonding capacity. No award can be made until official bonding capacity letter is received by TIPS. Bid Attributes 1 Yes - No Disadvantaged/Minority/Women Business Enterprise - D/M/WBE (Required by some participating governmental entities) Vendor certifies that their firm is a D/M/WBE? Vendor must upload proof of certification to the "Response Attachments" D/M/WBE CERTIFICATES section. No 2 Yes - No Historically Underutilized Business - HUB (Required by some participating governmental entities) Vendor certifies that their firm is a HUB as defined by the State of Texas at https://comptroller.texas.gov/purchasing/vendor/hub/ or in a HUBZone as defined by the US Small Business Administration at https://www.sba.gov/offices/headquarters/ohp Proof of one or both may be submitted. Vendor must upload proof of certification to the "Response Attachments" HUB CERTIFICATES section. No 3 Yes - No The Vendor can provide services and/or products to all 50 US States? Yes 4 States Served: If answer is NO to question #3, please list which states can be served. (Example: AR, OK, TX) No response Page 5 of 27 pages Vendor.Act Global Americas Inc 200205 Addendum 2 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.) Act Global is a world leader in synthetic turf technology, with manufacturing facilities on three continents and sales in more than 90 countries. The company carries a full range of products for sports (Xtreme Turf, UBU and Xtreme Grass hybrid), landscaping (Turfscape), aviation (AvTurf) and landfill capping (LiteEarth). Act Global is notable for currently being the first company in the world that is a FIFA Quality Licensee for Football Turf, Official Synthetic Turf Supplier of United Soccer League, Synthetic Turf Council Certified Manufacturer, World Rugby and FIH Preferred Turf Producer, and holds an ISO 9001 certification. Its products have undergone hundreds of independent laboratory tests for quality, durability, safety, environmental soundness, and performance. 6 Primary Contact Name Primary Contact Name Chris Vaage 7 Primary Contact Title Primary Contact Title Creative Marketing Lead 8 Primary Contact Email Primary Contact Email cvaage@actglobal.com 9 Primary Contact Phone Enter 10 digit phone number. (No dashes or extensions) Example: 8668398477 5127335300 1 Primary Contact Fax 0 Enter 10 digit phone number. (No dashes or extensions) Example: 8668398477 5127335326 1 Primary Contact Mobile 1 Enter 10 digit phone number. (No dashes or extensions) Example: 8668398477 5126906994 1 Secondary Contact Name 2 Secondary Contact Name Brent Crow 1 Secondary Contact Title 3 Secondary Contact Title Business Development Manager 1 Secondary Contact Email 4 Secondary Contact Email bcrow@actglobal.com Page 6 of 27 pages Vendor.Act Global Americas Inc 200205 Addendum 2 1 Secondary Contact Phone 5 Enter 10 digit phone number. (No dashes or extensions) Example 8668398477 5127335300 1 Secondary Contact Fax 6 Enter 10 digit phone number. (No dashes or extensions) Example 8668398477 5127335326 1 Secondary Contact Mobile 7 Enter 10 digit phone number. (No dashes or extensions) Example: 8668398477 5129391415 1 Admin Fee Contact Name 8 Admin Fee Contact Name. This person is responsible for paying the admin fee to TIPS Paula Mathieson 1 Admin Fee Contact Email 9 Admin Fee Contact Email pmathieson@actglobal.com 2 Admin Fee Contact Phone U Enter 10 digit phone number. (No dashes or extensions) Example: 8668398477 5127335300 2 Purchase Order Contact Name 1 Purchase Order Contact Name. This person is responsible for receiving Purchase Orders from TIPS. Brent Crow 2 Purchase Order Contact Email 2 Purchase Order Contact Email bcrow@actglobal.com 2 Purchase Order Contact Phone 3 Enter 10 digit phone number. (No dashes or extensions) Example: 8668398477 5129391415 2 Company Website 4 Company Website (Format-www.company.com) www.actg Iobal.com 2 Federal ID Number: 5 Federal ID Number also known as the Employer Identification Number. (Format - 12-3456789) 20-0757262 Page 7 of 27 pages Vendor:Act Global Americas Inc 200205 Addendum 2 2 Primary Address 6 Primary Address 4201 West Parmer Lane, Suite B 175 2 Primary Address City 7 Primary Address City Austin 2 Primary Address State 8 Primary Address State (2 Digit Abbreviation) TX 2 Primary Address Zip 9 Primary Address Zip 78727 3 Search Words: U 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.) Act Global, Act Global Sports, synthetic turf, synthetic grass, synthetic grass installations, synthetic grass manufacturer, synthetic lawn, Synthetic Turf Council, synthetic turf field, artificial grass, artificial sports turf, artificial turf installation, sport installations, sports field turf, sports turf, UBU, Xtreme Turf, Xtreme Grass Turfscape, AvTurf, LiteEarth, sports turf, FIFA turf, rugby, soccer, football, baseball, NR34, FIH, field hockey, monofilament, slit-film, fibrillated, Speed Series, S5, hybrid turf 1 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 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 are provisions from the federal regulations in 2 CFR part 200. Your answers will determine if your award will be designated as Federal or Education Department General Administrative Regulations (EDGAR)compliant. Do you want TIPS Members to be able to spend Federal grant funds with you if awarded and is it your intent to be able to sell to our members regardless of the fund source, whether it be local, state or federal? Yes Page 8 of 27 pages Vendor.Act Global Americas Inc 200205 Addendum 2 3 Yes - No Z Certification of Residency - The vendor's ultimate parent company or majority owner: (A) has its principal place of business in Texas; OR (B) employs at least 500 persons in Texas? This question is required as a data gathering function for information to our members making purchases with 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? Austin 3 Company Residence (State) 4 Vendor's principal place of business is in the state of? Texas 3 Discount Offered -CAUTION READ CAREFULLY BECAUSE VENDORS FREQUENTLY MAKE MISTAKES 5 ON THIS ATTRIBUTE QUESTION Remember this is a MINIMUM discount percentage so, be sure the discount percentage inserted here can be 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. 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%. 8% 3 TIPS administration fee 6 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 27 pages Vendor.Act Global Americas Inc 200205 Addendum 2 3 Yes - No 7 Vendor agrees to remit to TIPS the required administration fee or, if resellers are named, guarantee the fee remittance by or for the reseller named by the vendor? TIPS/ESC Region 8 is required by Texas Government Code § 791 to be compensated for its work and thus, failure to agree shall render your response void and it will not be considered. Agreed 3 Yes - No 8 Do you offer additional discounts to TIPS members for large order quantities or large scope of work? No 3 Years experience in this category of goods or services. 9 Company years experience in this category of goods or services? 16 4 Resellers: U Does the vendor have resellers that it will name under this contract? Resellers are defined as other companies that sell your products under an agreement with you, as the awarded vendor of TIPS. EXAMPLE BIGmart is a reseller of ACME brand televisions. If ACME were a TIPS awarded vendor, then ACME would list BIGmart as a reseller. (If yes, vendor should download the Reseller/Dealers spreadsheet from the Attachments section, fill out the form and submit the document in the "Response Attachments" RESELLERS section. Yes 4 Right of Refusal Does the proposing vendor wish to reserve the right not to perform under the awarded agreement with a TIPS member at vendor's discretion? Yes Page 10 of 27 pages Vendor:Act Global Americas Inc 200205 Addendum 2 4 NON-COLLUSIVE BIDDING CERTIFICATE 2 By submission of this bid or proposal, the Bidder certifies that: 1) This bid or proposal has been independently arrived at without collusion with any other Bidder or with any Competitor; 2) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of bids, or proposals for this project, to any other Bidder, Competitor or potential competitor: 3) No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to submit a bid or proposal; 4) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the penalties being applicable to the Bidder as well as to the person signing in its behalf. Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. 4 CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ -Do you have any CONFLICT OF INTEREST 3 TO REPORT OR DISCLOSE under this statutory requirement? Do you have any CONFLICT OF INTEREST TO REPORT OR DISCLOSE under this statutory requirement?YES or NO If you have a conflict of interest as described in this form or the Local Government Code Chapter 176, cited therein- you are required to complete and file with TIPS. You may find the Blank CIQ form on our website at: Copy and Paste the following link into a new browser or tab: https-://www.tips-usa.com/assets/documents/docs/CIQ.pdf There is an optional upload for this form provided if you have a conflict and must file the form. No 4 Filing of Form CIQ 4 If yes (above), have you filed a form CIQ by uploading the form to this RFP as directed above? No 4 Regulatory Standing 5 1 certify to TIPS for the proposal attached that my company is in good standing with all governmental agencies Federal or state that regulate any part of our business operations. If not, please explain in the next attribute question. Yes 4 Regulatory Standing 6 Regulatory Standing explanation of no answer on previous question. No response Page I I of 27 pages Vendor.Act Global Americas Inc 200205 Addendum 2 4 Antitrust Certification Statements (Tex. Government Code § 2155.005) 7 By submission of this bid or proposal, the Bidder certifies that: I affirm under penalty of perjury of the laws of the State of Texas that: (1) 1 am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, 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 12 of 27 pages Vendor.Act Global Americas Inc 200205 Addendum 2 4 Suspension or Debarment Instructions 8 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. Page 13 of 27 pages Vendor.Act Global Americas Inc 200205 Addendum 2 4 Suspension or Debarment Certification 9 By answering yes, you certify that no federal suspension or debarment is in place, which would preclude receiving a federally funded contract as described above. Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. By answering yes, you certify that no federal suspension or debarment is in place, which would preclude receiving a federally funded contract as described above. Yes 5 Non-Discrimination Statement and Certification U 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 Page 14 of 27 pages Vendor.Act Global Americas Inc 200205 Addendum 2 5 2 CFR PART 200 Contract Provisions Explanation Required Federal contract provisions of Federal Regulations for Contracts for contracts with ESC Region 8 and TIPS Members: The following provisions are required to be in place and agreed if the procurement is funded in any part with federal 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. 5 2 CFR PART 200 Contracts 2 Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 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? Y11 es 5 2 CFR PART 200 Termination 3 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 Page 15 of 27 pages Vendor.Act Global Americas Inc 200205 Addendum 2 5 2 CFR PART 200 Clean Air Act 4 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 5 2 CFR PART 200 Byrd Anti-Lobbying Amendment 5 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 5 2 CFR PART 200 Federal Rule 6 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 $100,000) 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$100,000, 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 Page 16 of 27 pages Vendor.Act Global Americas Inc 200205 Addendum 2 5 2 CFR PART 200 Procurement of Recovered Materials 7 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 5 Certification Regarding Lobbying 8 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 5 Lobbying Report Standard Form-LLL, "disclosure Form to Report Lobbying," 9 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. 6 Subcontracting with small and minority businesses, women's business enterprises, and labor surplus 0 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 17 of 27 pages Vendor.Act Global Americas Inc 200205 Addendum 2 6 ONLY IF YES TO THE PREVIOUS QUESTION OR if you ever do subcontract any part of your 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 performance 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 6 If proposing on PART 2, Davis-Bacon Act compliance. IF proposing on PART 2, Texas Statute requires compliance with Davis-Bacon Act, as amended (40 U.S.C. 3141- 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 18 of 27 pages Vendor:Act Global Americas Inc 200205 Addendum 2 6 Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708) 3 Where applicable, all contracts awarded by the non-Federal entity in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. By submitting a proposal to PART 2 of this solicitation and IF the customer is utilizing federal funds as described above, the Vendor agrees to comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701- 3708). 6 Indemnification 4 The ESC Region 8 and TIPS is a Texas Political Subdivision and a local governmental entity; therefore, is prohibited from indemnifying third parties pursuant to the Texas Constitution (Article 3, Section 52) except as specifically provided by law or as ordered by a court of competent jurisdiction. A provision in a contract to indemnify or hold a party harmless is a promise to pay for any expenses the indemnified party incurs, if a specified event occurs, such as breaching the terms of the contract or negligently performing duties under the contract. Article III, Section 49 of the Texas Constitution states that"no debt shall be created by or on behalf of the State ... " The Attorney General has counseled that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Contract clauses which require the System or institutions to indemnify must be deleted or qualified with "to the extent permitted by the Constitution and Laws of the State of Texas." Liquidated damages, attorney's fees, waiver of vendor's liability, and waiver of statutes of limitations clauses should also be deleted or qualified with "to the extent permitted by the Constitution and laws of State of Texas." Do you agree to these terms? Yes 6 Remedies 5 The parties shall be entitled to exercise any right or remedy available to it either at law or in equity, subject to the choice of law, venue and service of process clauses limitations agreed herein. Nothing in this agreement shall commit the TIPS to an arbitration resolution of any disagreement under any circumstances. Any Claim arising out of or related to the Contract, except for those specifically waived under the terms of the Contract, may, after denial of the Board of Directors, be subject to mediation at the request of either party. Any issues not resolved hereunder MAY be referred to non-binding mediation to be conducted by a mutually agreed upon mediator as a prerequisite to the filing of any lawsuit over such issue(s). The parties shall share the mediator's fee and any associated filing fee equally. Mediation shall be held in Camp or Titus County, Texas. Agreements reached in mediation shall be reduced to writing, and will be subject to the approval by the District's Board of Directors, signed by the Parties if approved by the Board of Directors, and, if signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Do you agree to these terms? Yes, I Agree 6 Remedies Explanation of No Answer 6 No response Page 19 of 27 pages Vendor.Act Global Americas Inc 200205 Addendum 2 6 Choice of Law 7 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. THIS DOES NOT APPLY to a vendor's agreement entered into with a TIPS Member, as the Member may be located outside Texas. Do you agree to these terms? Agreed 6 Venue, Jurisdiction and Service of Process 8 Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Any dispute resolution process other than litigation shall have venue in Camp County or Titus County Texas. Do you agree to these terms? Agreed 6 Alternative Dispute Resolution Explanation of No Answer 9 No response 7 Infringement(s) U The successful vendor will be expected to indemnify and hold harmless the TIPS and its employees, officers, agents, representatives, contractors, assignees and designees from any and all third party claims and judgments involving infringement of patent, copyright, trade secrets, trade or service marks, and any other intellectual or intangible property rights attributed to or claims based on the Vendor's proposal or Vendor's performance of contracts awarded and approved. Do you agree to these terms? Yes, I Agree 7 Infringement(s) Explanation of No Answer No response 7 Acts or Omissions 2 The successful vendor will be expected to indemnify and hold harmless the TIPS, its officers, employees, agents, representatives, contractors, assignees and designees from and against any and all liability, actions, claims, demands or suits, and all related costs, attorney's fees and expenses arising out of, or resulting from any acts or omissions of the vendor or its agents, employees, subcontractors, or suppliers in the execution or performance of any agreements ultimately made by TIPS and the vendor. Do you agree to these terms? Yes, I Agree Page 20 of 27 pages Vendor.Act Global Americas Inc 200205 Addendum 2 7 Acts or Omissions Explanation of No Answer 3 No response 7 Contract Governance 4 Any contract made or entered into by the TIPS is subject to and is to be governed by Section 271.151 et seq, Tex Loc Gov't Code. Otherwise, TIPS does not waive its governmental immunities from suit or liability except to the extent expressly waived by other applicable laws in clear and unambiguous language. Yes 7 Payment Terms and Funding Out Clause 5 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 Page 21 of 27 pages Vendor.Act Global Americas Inc 200205 Addendum 2 7 Insurance and Fingerprint Requirements Information 6 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. 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 22 of 27 pages Vendor.Act Global Americas Inc 200205 Addendum 2 7 Texas Education Code Chapter 22 Contractor Certification for Contractor Employees 7 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. Some Page 23 of 27 pages Vendor.Act Global Americas Inc 200205 Addendum 2 7 Texas Business and Commerce Code § 272 Requirements as of 9-1-2017 8 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. 7 Texas Government Code 2270 Verification Form 9 Texas Government Code 2270 Verification Form Texas 2017 House Bill 89 has been signed into law by the governor and as of September 1, 2017 will be codified as Texas Government Code§ 2270 and 808 et seq. The relevant section addressed by this form reads as follows: Texas Government Code Sec. 2270.002. PROVISION REQUIRED IN CONTRACT. A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract.engaged by ESC Region 8/The Interlocal Purchasing System (TIPS) 4845 Highway 271 North Pittsburg,TX,75686 verify by this writing that the above-named company affirms that it (1) does not boycott Israel, and (2) will not boycott Israel during the term of this contract, or any contract with the above-named Texas governmental entity in the future. I further affirm that if our company's position on this issue is reversed and this affirmation is no longer valid, that the above-named Texas governmental entity will be notified in writing within one (1) business day and we understand that our company's failure to affirm and comply with the requirements of Texas Government Code 2270 et seq. shall be grounds for immediate contract termination without penalty to the above-named Texas governmental entity. AND our company is not listed on and we do not do business with companies that are on the the Texas Comptroller of 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 Page 24 of 27 pages Vendor.Act Global Americas Inc 200205 Addendum 2 8 Logos and other company marks 0 Please upload your company logo to be added to your individual profile page on the TIPS website. If any particular specifications are required for use of your company logo, please upload that information under the "Logo and Other Company Marks" section under the "Response Attachment' tab. Preferred Logo Format: 300 x 225 px- .png, .eps, .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) 8 Solicitation Deviation/Compliance Does the vendor agree with the General Conditions Standard Terms and Conditions or Item Specifications listed in this proposal invitation? Yes 8 Solicitation Exceptions/Deviations Explanation 2 If the bidder intends to deviate from the General Conditions Standard Terms and Conditions or Item Specifications listed in this proposal invitation, all such deviations must be listed on this attribute, with complete and detailed conditions and information included or attached. TIPS will consider any deviations in its proposal award decisions, and TIPS reserves the right to accept or reject any bid based upon any deviations indicated below or in any attachments or inclusions. In the absence of any deviation entry on this attribute, the proposer assures TIPS of their full compliance with the Standard Terms and Conditions, Item Specifications, and all other information contained in this Solicitation. No response 8 Agreement Deviation/Compliance 3 Does the vendor agree with the language in the Vendor Agreement? Yes 8 Agreement Exceptions/Deviations Explanation 4 If the proposing Vendor desires to deviate form the Vendor Agreement language, all such deviations must be listed on this attribute, with complete and detailed conditions and information included. TIPS will consider any deviations in its proposal award decisions, and TIPS reserves the right to accept or reject any proposal based upon any deviations indicated below. In the absence of any deviation entry on this attribute, the proposer assures TIPS of their full compliance with the Vendor Agreement. No response Page 25 of 27 pages Vendor.Act Global Americas Inc 200205 Addendum 2 8 Long Term Cost Evaluation Criterion on PART 1 EVALUATION ONLY 5 READ CAREFULLY and see in the RFP document under"Proposal Scoring and Evaluation". Points will be assigned to this criterion based on your answer to this Attribute. Points are awarded if you agree not increase your catalog prices (as defined herein) more than X% annually over the previous year for years two and three and potentially year four, unless an exigent circumstance exists in the marketplace and the excess price increase which exceeds X% annually is supported by documentation provided by you and your suppliers and shared with TIPS, if requested. If you agree NOT to increase prices more than 5%, except when justified by supporting documentation, you are awarded 10 points, if 6% to 14%, except when justified by supporting documentation, you receive 1 to 9 points incrementally. Price increases 14% or greater, except when justified by supporting documentation, receive 0 points. price increases will be < 5% annually per question 8 Felony Conviction Notice 6 Texas Education Code, Section 44 034, Notification of Criminal History, Subsection (a), states "a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony." Subsection (b) states "a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract." (c) This section does not apply to a publicly held corporation. The person completing this proposal certifies that they are authorized to provide the answer to this question Select A., B. or C. A. My firm is a publicly held corporation, therefore, this reporting requirement is not applicable. OR B.My firm is not owned nor operated by anyone who has been convicted of a felony, OR C My firm is owned or operated by the following individual(s) who has/have been convicted of a felony. (if you answer C below, you are required to provide information in the next attribute. B. Firm not owned nor operated by felon, per above 8 If you answered C. My Firm is owned or operated by a felon to the previous question, you are 7 REQUIRED TO ANSWER THE FOLLOWING QUESTIONS. If you answered C My Firm is owned or operated by a felon to the previous question, you must provide the following information. 1. Name of Felon(s) 2. The named person's role in the firm, and 3. Details of Conviction(s). No response 8 Required Confidentiality Claim Form 8 Required Confidentiality Claim Form This form is required by TIPS. By submitting a response to this solicitation you agree to download from the "Attachments" section, complete according to the instructions on the form, then uploading the completed form, with any confidential attachments, if applicable, to the "Response Attachments" section titled "Confidentiality Form" in order to provide to TIPS the completed form titled, "CONFIDENTIALITY CLAIM FORM". By completing this process, you provide us with the information we require to comply with the open record laws of the State of Texas as they may apply to your proposal submission. If you do not provide the form with your proposal, an award will not be made if your proposal is qualified for award, until TIPS has an accurate, completed form from you. Read the form carefully before completing and if you have any questions, email Rick Powell at TIPS at rick.powell(o)tips-usa.com Page 26 of 27 pages Vendor.Act Global Americas Inc 200205 Addendum 2 8 Choice of Law clauses for TIPS Members 9 If the vendor is awarded a contract with TIPS under this solicitation, the vendor agrees to make any Choice of Law clauses in any contract or agreement entered into between the awarded vendor and with a TIPS member entity to read as follows: "Choice of law shall be the laws of the state where the customer resides" or words to that effect. Agreed 9 Venue of dispute resolution with a TIPS Member 0 In the event of litigation or use of any dispute resolution model when resolving disputes with a TIPS member entity as a result of a transaction between the vendor and TIPS or the TIPS member entity, the Venue for any litigation or other agreed upon model shall be in the state and county where the customer resides unless otherwise agreed by the parties at the time the dispute resolution model is decided by the parties. Agreed 9 Indemnity Limitation with TIPS Members Texas and other states restrict by law or state Constitution the ability of a governmental entity to indemnify others. TIPS requires that any contract entered into between a vendor and TIPS or a TIPS Member as a result of an award under this Solicitation limit the requirement that the Customer indemnify the Vendor by either eliminating any such indemnity requirement clauses in any agreements, contracts or other binding documents OR by prefacing all indemnity clauses required of TIPS or the TIPS Member entity with the following: "To the extent permitted by the laws or the Constitution of the state where the customer resides, ". Agreement is a required condition to award of a contract resulting from this Solicitation. Agreed 9 Arbitration Clauses 2 Except for certain circumstances, TIPS forbids a mandatory arbitration clause in any contract or agreement entered into between the awarded vendor with TIPS or a TIPS member entity. Does the vendor agree to exclude any arbitration requirement in any contracts or agreement entered into between TIPS or a TIPS member entity through an awarded contract with TIPS? Agreement is a required condition to award of a contract resulting from this Solicitation. Agreed Page 27 of 27 pages Vendor.Act Global Americas Inc 200205 Addendum 2 REFERENCES Please provide three (3) references, preferably from school districts or other governmental entities who have used your services within the last three years. Additional references may be required. DO NOT INCLUDE TIPS EMPLOYEES AS A REFERENCE. Please verify your references are current and valid, as they are a SIGNIFICANT required evaluation component of the PART 2 evaluation process,and the evaluation cannot be completed without responses from these references when we contact them. You may provide more than three (3) references. Entity Name Contact Person VALID EMAIL IS REQUIRED Phone West Orange-Stark High School Rickie Harris (409) 882-5600 Edmond Memorial High School Kyle Roberts (405) 340-2850 Lake Mills High School Pat Kozel 920-470-9866 Newton High School Bob Callaghan 641-792-5809 Please provide a list of resellers the proposing company desires to be authorized to sell their products and services under the TIPS Agreement,if awarded. Authorized Reselling Company Name Full Address Main Phone Contact Contact Ph Contact Email Website Fax http://www.hawkerenterprise Hawker Enterprises LLC 1453 S Dixie Dr STE 150 St.George,Utah 84791 435-656-2015 Kyle Hawker 435-703-2015 s.com/ 435-673-6828 Sports Surfaces Distributing,Inc. 1311 Cuesta Abajo Ct NE#B,Albuquerque,NM 87113 888-239-8747 Robert Cohen 888-239-8747 sport-surfaces.com Vibra Whirl 101-113 Main St,Panhandle,TX 79068 (806)537-3442 George Keen 806-282-3656 www.vibrawhirl.com 806-537-3442 www.generalsportssurfaces.c General Sports Surfaces 8717 Forum Way,Suite E Fort Worth,Texas 76140 877-779-4625 Hector Puentes (817)-805-0181 om www.landscapesunlimited.co Landscapes Unlimited 1201 Aries Dr,Lincoln,NE 68512 (402)423-6653 Jake Riekstins 402-416-7062 m Sports Contractors Unlimited Baseline Sports Construction 3600 Henson Road Knoxville,TN 37921 865-588-4320 Steve Clift 423-593-8284 www.baselinelic.com www.gamedayathleticsurface Gameday Athletic Surfaces Birmingham,Alabama 205-547.0628 Daniel Ruggiero 256-755-2975 s.com Burke Construction Group,Inc. 10145 NW 19th Street Doral,FL 33172 305-468-6604 Brad Moretti 305-487-2297 burkeconstructiongroup.com CBA Sports Vescio's Sports Fields 901 Old Todds Rd Lexington,Kentucky 40509 859-269-8873 Doug Vescio 859-269-8873 www.sportsfields.com NET Sports Group 15 Lund Rd.Saco,ME 04072 (207)391-4420 Sebastien Veilleux 514-913-7772 www.netsportsgroup.com 0 HERA Sports Surfaces 2915 Ogletown Road Newark,DE 19713 514-709-3605 Sebastien Veilleux 514-913-7773 herasportssurfaces.com RS3 Turf 3400 East Palm Valley Blvd,Round Rock,TX 78665 512-238-2247 Garrett Reddehase 512-238-2247 www.rs3turf.com 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: Act Global Americas Inc. (Name of Corporation) Paula Mathieson certify that I am the Secretary of the Corporation I,(Name of CorporateSecretary) named as OFFERER herein above; that Christopher Vaage (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 Contract Administrator (Title/Pos' ' erson signing proposat/offer documcnt within the corporation) * Ac of t Corp ; that said proposal/offer was duly signed for and in behalf of said corporation by au U) of its go g body,and is within the scope of its corporate powers. 0 a'�1Wd CORPORATE SEAL if available SIGNATURE 3/16/2020 DATE TIPS RFP# 200205 R�uired Confidential Information Status Form CONFIDENTIAL INFORMATION SUBMITTED IN RESPONSE TO COMPETITIVE PROCUREMENT REQUESTS OF EDUCATION SERVICE CENTER REGION 8 AND TIPS(ESC8) IS GOVERNED BY TEXAS GOVERNMENT CODE, CHAPTER 552 If you consider any portion of your proposal to be confidential information and not subject to public disclosure pursuant to Chapter 552 Texas Gov't Code or other law(s), you must attach a cove of all claimed confidential materials within your proposal and put this COMPLETED form as a cover sheet to said materials then scan,name"CONFIDENTIAL"and upload with your proposal submission.(You must include all the confidential information in the submitted proposal.The copy uploaded is to indicate which material in your proposal, if any,you deem confidential in the event the receives a Public Information Request.)ESC8 and TIPS will follow procedures of controlling statute(s)regarding any claim of confidentiality and shall not be liable for any release of information required by law. Upon your claim and your defense to the Office of Texas Attorney General is required to make the final determination whether the information submitted by you and held by ESC8 and TIPS is confidential and exempt from public disclosure. Act Global Americas Inc. Name of company John Baize - CEO Printed Name and Title of authorized company officer declaring below the confidential status of material 4201 W Parmer Ln. STE 13175 Austin TX 78727 5127335300 Address City State ZIP Phone ALL VENDORS MUST COMPLETE THE ABOVE SECTION. I DO CLAIM parts of my proposal to be confidential and DO NOT desire to expressly waive a claim of confidentiality of all information contained within our response to the solicitation. The attached contains material from our proposal that I classify and deem confidential under Texas Gov't Code Sec. 552 or other law(s)and I invoke my statutory rights to confidential treatment of the enclosed materials. ATTACHED ARE COPIES OF PAGES OF CLAIMED CONFIDENTIAL MATERIAL FROM OUR PROPOSAL THAT WE DEEM TO BE NOT PUBLIC INFORMATION AND WILL DEFEND THAT CLAIM TO THE TEXAS ATTORNEY GENERAL IF REQUESTED WHEN A PUBLIC INFORMATION REQUEST IS MADE FOR OUR PROPOSAL. Signature Date OR --------------------------------------------------------------------------------------------------------- I 1JQ ---------------------------11?O NOT CLAIM any of my proposal to be confidential, complete the section belmi. EExInress Waiver: I desire to expressly waive any claim of confidentiality as to any and all information contained within our response to the competitive procurement process (e.g. RFP, CSP, Bid, RFQ, etc.)by completing the following and submitting this sheet with our response to Education Service Center Region 8 and TIPS. SignatureDate 3/16/2020 v Confidentiality Claim Form rev 02272019 XtremeTurf� usu CERTIFICATES Play More. ABS Quality Evaluations Certificate Of Conformance This is to certify that the Quality Management System of Act Global 410 South River Street Calhoun, GA 30701 U.S.A. has been assessed by ABS Quality Evaluations,Inc.and found to be in conformance with the requirements set forth by: ISO 9001:2015 The Quality Management System is applicable to: MANUFACTURE ARTIFICIAL SPORTS SURFACES AS WELL AS LANDSCAPE TURF FOR RESIDENTIAL AND COMMERCIAL APPLICATIONS. This certificate may be found on the ABS QE Website(www.abs-ge.com). For certificates issued in the People's Republic of China information may also be verified on the CNCA website(www.cnca.gov.cn). Certificate No: 45450 Certification Date: 16 December 2010 Effective Date: 13 December 2019 Expiration Date: 15 December 2022 Revision Date: 13 December 2019 Dominic Townsend,President Evah%/ AFfAB0 a � s�P4r system Validity of this certificate is based on the successful completion of the periodic surveillance audits of the management system defined by the above scope and is contingent upon prompt,written notification to ABS Quality Evaluations,Inc.of significant changes to the management system or components thereof. ABS Quality Evaluations,Inc.1701 City Plaza Drive,Spring,TX 77389,U.S.A. Validity of this certificate may be confirmed at www.abs-qe.com/cert_validation. Copyright 2011-2019 ABS Quality Evaluations,Inc.All rights reserved. Certif icate of PREFERRED Registrr-7- i. I o I'1 a =. SUPPLIER fit.chflrockeylurf 1!� x v ., _�• _ '��,t�r} �-• '. pry_ .�• This is Scertify • Act Global recognised under / s FIH Quality Programme for Hockey Turf. RH QUALITY PROGRAMME F[u Iniernationat Hockey Federation FOR HOCKEY 9 7 TURF F6daration Internationale do Hockey CFB:. AMERICAN AMERICAN SPORTS BUILDERS ASSOCIATION ASSOCIATION CERTIFIE - Synthetic Turf Through Its Certification Board Has Conferred Upon Mark Weightman The Designation CERTIFIED FIELD BUILDER - Synthetic Turf FOR EFFORTS TO RAISE THE PROFESSIONAL STANDARDS OF FIELD CONSTRUCTIONAND FOR HAVING SUCCESSFULLY FULFILLED THE CONDITIONS OFELIGIBILITYAND PASSED THE REQUIRED EXAMINATION. In witness whereof we have set our ands on this day of. Certification expires: �Z�` Li4— 3li � Exrcutivc;;4 /7 Certification Chairman 7' S. • This is to certify that GLOBAL: is a World Rugby Preferred Turf Producer for the period January 1 , 2020 — December 31 , 2020 Ad//0-0 VIII I�--e->- Mr. Mark Harrington Head of Technical Services Copyright World Rugby*Limited 2016.All rights reserved. r •If a Product & Warranty Insurance '4 " 8 -YEAR "fN4 LIMITED WARRANTY $15 Million Total Aggregate Coverage Including: : - Prepaid Insured Warranty Protection 1 t Product Coverage for Bodily Injury j Reliable Coverage from A.M. Best Rated "Excellent" Carriers Proven Quality Assurances from Act Global with ZERO Failed Fields & Industry-Leading Quality Certifications / O �;_-��._ �'� l f � J fes. .� l. �.� ,• f;__l� CORPORATE OFFICE I AMERICA � .. YG�oea�M 4201 West Suite Lane Suite B 175 Austin,Texas 78727 USA T + 1.512.733.5300 Eight Year Standard Warranty Act Global Americas Inc. ("Act Global") endeavors to use the highest quality materials and the latest manufacturing techniques in the production of Synthetic Turf. Our products are manufactured according to our product specifications. The fibers and backing are independently warranted by the respective supplier. The Synthetic Turf supplied by Act Global is guaranteed against defects in workmanship for a period of eightyears from the date of manufacturing. For the purposes of this warranty,the product shall be deemed to have failed in IN stability if the original tensile strength of the Synthetic Turf decreases by more than 50 percent during the warranty period. The term "Synthetic Turf', as used herein, shall only include product supplied by Act Global. This guarantee shall not cover any defects, failure or damage in or to the Synthetic Turf, which is: a) subject to abuse, misuse, negligence or improper maintenance b) installed, repaired, altered or replaced by any person other than a pre-approved installer using pre-approved infill and installation materials and quantities. c) damaged, directly or indirectly, including but not limited to, on account of, accident, vandalism, machinery, spiked shoes, animals, misuse, fire, flood, reflections, chemical reactions, acts of God, static or dynamic loads exceeding Act Global specifications at time of installation, improper or faulty subsurface preparation, failure of the subsurface after installation including settling of the surface, and the use of dry cleaning fluids or improper cleaning methods d) exposed to light other than natural light or approved artificial light. Synthetic turf is considered a consumable product; therefore,this warranty excludes wear and tear. This guarantee is expressly in lieu of all conditions and warranties expressed or implied in fact or by law or otherwise, including without limitation, any implied conditions or warranties as to merchantability. No person or party is authorized to create any obligation or liability for Act Global and only the guarantee expressed herein shall apply.Act Global's obligations under this guarantee are restricted to the repair or, at its sole option, replacement of all, or the affected parts covered herein.Act Global liability under this warranty is limited to the material value of the item to be repaired or replaced and only if maintenance has been performed and documented in accordance to Act Global's maintenance program. The remedy of repair or replacement set forth herein shall be sole remedy and Act Global shall have no other obligations or liability in connection with any matter or thing, including without limitation, damages for personal injury or damages related to lost revenue, increased costs, downtime costs and all other indirect or consequential damages. Act Global endeavors to handle all warranty claims promptly and professionally conditional on customer's account being in good standing at time of claim. It is agreed that all claims by purchaser made under the foregoing guarantee shall be invalid and null and void unless made in writing to Act Global within eight years from date of manufacture and within thirty days of learning of the cause giving rise to its claim. This Warranty is issued to the direct buyer of Act Global and is not transferable. Act Global Americas Inc. Signed: AcoRO® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 03/19/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Amy Miller NAME: STARR-MATHEWS AGENCY PHONE (706)629-4441 FAX (706)629-3631 A1C No Ext): A1C No). 108 North Court St E-MAIL amiller@starrmathews com ADDRESS. P. O BOX 188 INSURER(S)AFFORDING COVERAGE NAIC a Calhoun GA 30703-0188 INSURER West American Insurance Cc 44393 INSURED INSURER B Ohio Security Insurance Co 24082 Act Global Americas.Inc INSURER C. Ohio Casualty Insurance Co 24074 4201 West Farmer Lane INSURER D. Cincinnati Insurance Companies Suite 8175 INSURER E: Austin TX 78727 INSURER F: COVERAGES CERTIFICATE NUMBER: 2019-20 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR AUDLSUBH POLICY EFFLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDD/YYYY MM/DDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE [X OCCUR PREMISES Ea occurrence $ 300,000 MED EXP(Any one person) $ 15,000 A BKW57135451 03/01/2019 03/01/2020 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2.000,000 X JECT LOC PRODUCTS $POLICY [gPRO- 2,000.000 OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000.000 Ea accident X ANY AUTO BODILY INJURY(Per person) IS B OWNED SCHEDULED BAS57135451 03/01/2019 03/01/2020 BODILY INJURY(Per accident) 5 AUTOS ONLY AUTOS X HIRED �/ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY /� AUTOS ONLY Per accitlent X i Medical payments $ 5,000 X UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 10.000,000 C EXCESS LIAB CLAIMS-MADE US057135451 03/01/2019 03/01/2020 AGGREGATE $ 10,000,000 DED I X1 RETENTION $ 10,000 $ WORKERS COMPENSATION X SPER TATUTE EORH AND EMPLOYERS'LIABILITY YIN B ANY PROPRIETOR/PARTNER/EXECUTIVE N] NIA XWS57135451 03/01/2019 03/01/2020 EL EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) EL DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E DISEASE-POLICY LIMIT $ Excess Liability Each Occurrence $5,000,000 D EXSO481671 03/01/2019 03/01/2020 Aggregate $5.000.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Act Global Americas ACCORDANCE WITH THE POLICY PROVISIONS. 410 S River Street AUTHORIZED REPRESENTATIVE Calhoun GA 30701 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Emm BEST R) A.M. Best Rating Services West American Insurance Company A.M. Best#: 011354 NAIC #: 44393 FEIN #: 310624491 Ohio Security Insurance Company A.M. Best#: 002379 NAIC #: 24082 FEIN #: 310541777 Mailing Address: Web:www.LibertyMutualGroup.com 175 Berkeley Street Phone: 617-357-9500 Boston, MA 02116 Fax: 513-603-3179 United States Based on A.M. Best's analysis,051114 Liberty Mutual Holding Company Inc.is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. Best's Credit Ratings Financial Strength Rating ! Best's Credit Rating Analyst Rating: A(Excellent) Rating Issued by:A.M. Best Rating Services, Inc. Affiliation Code: R (Reinsured) Senior Financial Analyst:Gregory Dickerson Financial Size Category: XV($2 Billion or greater) Senior Director: Michael J. Lagomarsino,CFA, FIRM Outlook: Stable Action: Affirmed Effective Date: March 08,2017 u Denotes Under Review Best's Rating Long-Term Issuer Credit Rating Long Term: A Outlook: Stable Action: Affirmed Effective Date: March 08,2017 Initial Rating Date: July 21,2005 ti, BEST A.M. Best Rating Services The Cincinnati Specialty Underwriters Insurance Company A.M. Best#: 013843 NAIC #: 13037 FEIN #: 651316588 Mailing Address Web: www.cinfin.com P.O. Box 145496 Phone: 513-870-2000 Cincinnati,OH 45250-5496 Fax: 513-603-5500 United States Based on A.M. Best's analysis,058704-Cincinnati Financial Corporation is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. Best's Credit Ratings Financial Strength Rating Best's Credit Rating Analyst Rating: A+(Superior) Rating Issued by: A.M.Best Rating Services,Inc. Affiliation Code: g(Group) Senior Financial Analyst: Darian Ryan Financial Size Category: XV($2 Billion or greater) Senior Director: Michael J. Lagomarsino,CFA, FRM Outlook: Stable Action: Affirmed Effective Date: December 13,2016 u Denotes Under Review Best's Rating Initial Rating Date: December 21,2007 Long-Term Issuer Credit Rating Long-Term: aa- Outlook: Stable Action: Affirmed Effective Date: December 13,2016 Initial Rating Date: August 12,2004 � I' 1 � I d } ^!t•� � , I +� i111,�I�jl�. �� 1 tom- •� „��. 1 � � - :A. ..�) _ �H.III IIII��LI F14• � � � 1111 � - y. •• �', � � '%; ��% �� if r-GLosaL: E 3 C.D. rV1 o G 0 We are a dynamic, global synthetic turf company committed to BE MORE. Our mission to"Be More"is ingrained in every facet of our business,every employee and throughout our value chain.With a foundation of innovation,integrity and quality,Act Global strives to positively impact society and maximize land use through the use of synthetic turf. Innovate More. Protect More. Advancing turf products and Investing in green-friendly services,with a focus on research, technologies, enhancing development and a vision to innovate. safety and promoting sustainable practices. 0 Play More. Give More. Enhancing sports,community spac- Supporting charitable and es and leisure activities global aid organizations through synthetic turf. 0 around the world. WWW.ACT G LOB AL.COM 0 0A : As one of the WORLD'S LARGEST producers of synthetic turf, we take quality seriously. ♦ Manufacturing facilities on 3 continents ■ Installations in over 90 countries b c a kLy/year p E220 E 200 E180 0 160 140 120 100 ■80 N 6 No installation UV EXPOSURE IN COUNTRIES kLangley=kcal/cm'=41.84 MI/m2 IkLangley/year 1.33 W/m� WITH ACT GLOBAL INSTALLATIONS = Map shows global Kilo-Langley levels,a measure of UV exposure.The colored areas indicate Act Global installations,located in areas with high UV concentrations. SO !09001 Quality �-- Act Global adheres to strict international standards proven to increase uality.We maintain state of the art operations to ensure each order =•� s of the highest quality, and our team manually inspects every turf roll Fming out of production.Strict quality controls,reporting and annual dits keep our operations lean,clean and accountable. SPORTS TURF I Play More, WORLD CLASS SYNTHETIC TURF FOR SPORTS TM Xtreme Turft.�D UBU V 1,800+Sports Field Installations Worldwide ./ 13 Act Global branded NFL fields and over 250 FIFA Certified fields ./ USA-based research,manufacturing and construction firm ./ Worldwide industry&charitable partnerships Player safety&performance based on top natural grass stadiums MAN UFACTU RING 3 Continents I N S T A L L A T 1 0 N S 90 Countries Projects in Brazil, Burundi,Georgia, Guatemala. Indonesia, Malawi, Mexico, Taiwan,Singapore, Malaysia,Vietnam, '< &Zimbabwe rS4 1 Putting Players & Communities First 3 Act Global's technical and social culture is dedicated to serving the safety and performance needs of players. Through verified testing, global outreach and support of world aid organizations, we can positively impact the communities where we live, the places we work, and the planet we inhabit. j • FIFA QUALITY ' , 4 A LICENSE.f `� SpnNsTurf Af11X¢, SAPCA • 1 l�`riri 1►�\ `irG ca re '�' ., ...E Someone is playing on our turf r.VW1y every day. 24/7 i- � a hi*' ACTGLOBAL.COM/SPORTS-TURF SPORTS@ACTGLOBAL.COM ACTGLOBAL Z _IWM� -- SAFETY & TESTING I Play More. • 1 1 4 1 1 1 - 0 4 8 0 • 4 44 off . 4 OVERUSEAND FATIGUE ATHLETE INJURIES �4y ?T•i+ h -.. .. ..tiy, Vii':Af p;'` Many players do not incorporate In 2012, 1,353,750 children under age 19 enough rest time between training visited an emergency room for sports injury. hours and games,and overuse and fatigue will influence injury rate. 1 in 3 were injured seriously enough to miss practices or games,and some suffer "41% of player injuries can life-long consequences. g be related to fatigue." E a4 rt A Most Common Injuries Fractures Sprains Bruises& Internal Organ / •y" (18%).?. , (33%). `,:;Abrasions Injuries&Concussions (16%) (12%) Jr *Source:Safe Kids Worldwide&Boston Unlversllty 3 a'+r° Natural Grass Benchmark Testing Kyle Field at Texas A&M Yankees spring training field !7 Act Global is the first company to obtain scientific data comparing natural grass for football, soccer and baseball fields with FIFA and Synthetic Turf Council guidelines.Testing has taken place at New York Yankees and Houston Astros spring training facilities,top European natural grass soccer stadia, NFL facility natural grass field and Kyle Field at Texas A&M. Results confirm the synthetic turf manufactured by Act Global is comparable In performance,quality and safety to natural grass at top stadiums In pristine condition. Balancing System Components SHOCK ABSORPTION VERTICAL DEFORMATION We must maximize shock absorption while limiting (g-max&HIC) vertical deformation. This proper balance can improve foot stability, prevent ligament stress, and reduce player fatigue and injury. TRACTION SKIN FRIENDLY Our top quality fibers offer both softness and durability, r while optimal yarn distribution and infill levels improve surface to foot interaction. DECELERATION SLIP RESISTANCE A surface must allow players to start and stop quickly 1y and safely in a fast paced game. SAFETY & TESTING I Play More, Shock Absorption Test Comparisons Head Injury Criteria CLEGG HAMMER GMAX(ASTM F-355) HIC (EN 1177) 4.6kg (10.21b) 9.1kg (20.11b) 2.25kg (4.961b) 1,300 mm 610 mm (51.2 Inches) (24 inches) -Predicte 455 mm d (17.9 inches) Performance Infill Performance Infill Performance Infill Stabillsing Infill Stabilising Infill Stabilising Infill Substrate Base Substrate Base Substrate Base Durability UP TO 200,000 LISPORT CYCLES FOR MONOFILAMENT AND 150,000 FOR FIBRILLATED YARNS Our products are developed using maximum UV inhibitors to withstand heavy use and intense climatic conditions. Fibers last longer and perform better. OVER 97%TENSILE STRENGTH RETAINED AFTER 3,000 HOURS OF UVA TESTING 4 L COLORS OLORS The following colored yarns passed climatic testing to achieve lasting durability, performance and color stability THATLAST in all climates. They exceeded industry standards for EN 15330-1, FIFA, IRB, STC and FIH. n Black Navy Blue Florida Cardinal Yellow Grey White Blue Red ACTGLOSAL.COM/SO : FOOTBALL EVANGELICAL CHRISTIAN SC , . Fort Myers, FL XtremeTurf TM Performance Leaders for Professional & Community Fields �, 6 Safety and durability are of the utmost importance for football players. We consider the unique needs of high impact sports to design systems which protect on impact while _ enhancing performance. bin Home-of 2018 Super 1 MrW P elk, AII P • -'. d -yam . !0"m 13 L J NFL FIELDS )T-M 40+ NCAA FIELDS Leading Brand for NFL & NCAA Division 1 Football Fields Act Global's UBU brand is one of the leading synthetic turf systems used in a variety of sports, including football, soccer, baseball, rugby, field hockey and lacrosse. UBU is known for providing top quality turf for teams ranging from professional franchises, collegiate and major indoor arena leagues to local high schools and municipalities.Venues that have utilized turf with the UBU brand include MetLife Stadium, Mercedes-Benz Superdome and U.S. Bank Stadium. UBU incorporates science and technology into each surface, providing the ultimate Ground Gear for Athletes. FOOTBALL F ap i NFL TEAM GAME PRACTICE TRAINING Arizona Cardinals Buffalo Bills Chicago Bears Denver Broncos Houston Texans Minnesota Vikings New Orleans Saints `- Pittsburgh Steelers x San Francisco 49ers Tennessee Titans — "` 1 9 3 77. ._ 13 FIELDS NCAA ./ Illinois College ./ New Mexico State University ./ Purdue University ./ Southeastern Louisiana University University of California-Berkeley University of Kentucky University of Massachusetts-Lowell ./ University of Minnesota ./ University of Nevada-Las Vegas d University of Northwestern (3 fields) University of Oregon (3 fields) ./ University of Pittsburgh (2 fields) IN T f I � N � � , "r' '�• r � r ' LU Qr �► J C5 � ! ! W N e r J W . l t H O i W O �! 1 O — •tl - �� Z CA D4u n 40 op 1 + SII I I _ • � 4 � J ��1tjrl � r l r l I � ��t•;? :�: ' o .I U f. QUALITY w- i t I r SOCCER Play More. 40 40 ra • • • Women's • • Montreal, • • by Over 250 FIFA FIFA Certified PitchesQUALITY LICENSEE on 6 Continents FIFA SOCCER SYNTHETIC FIFA QUALITY LICENSEE FOR TURF STANDARDS SOCCER TURF The FIFA initiative ensures that artificial turf fields FIFA Quality Licensee meet the highest standards in terms of quality, headquartered in the USA performance and safety according to the needs of Stringent testing procedures the end user.Act Global uses FIFA benchmarks in its at championship levels product development,quality standards and sport Expert maintenance extends life performance test methods.Act Global has supplied over 250 FIFA Certified installations worldwide. ,may v - QUEEN OF THE SOUTH • -Photo coi;rfe�y� dSfc:Carn �. umfries,Scotland United SoccerGlobal SUPPLIERACT GLOBAL BECOMES THE OFFICIAL SYNTHETIC TURF ACROSS ALL LEAGUE PROPERTIES U `*' Championship INNER United Soccer League T n,� Ci MILE v r . ACTGL08AL.COM/SPORTS-TURF SPORTS@ACTGLOBAL.COM �4CTGLOBAL ZZ _i BASEBALL More. `9 y Ilk WOODSIDE(MAUSTON)SPORTS COMPLEX Maust .y • Benefiting Players, Communities and the Game of Baseball Act Global and Nolan Ryan led RS3 have teamed up in a new partnership to forward the future of baseball turf technology and playability. / Founded on strong mutual goals and objectives / for the baseball community, this new partnership �f begins the next generation of baseball surfaces offering optimal playing conditions. 3,4 TURF ® PP I WEST N SHOCK ABSORPTION ORANGE Orange, t. H � IMPACT OS ` W lfl ` JI Z ® GROUND INTERACTION ZZ m Q TRACTION LIJ0Z STABILITY LAJ Q ® BOUNCE V I a t Ii 0 0 LOWER INFILL SPLASH LJ6 J �� DURABILITY 1 W a UVTESTING N R 314 NATURAL BALL BOUNCE With the help from Nolan Ryan and his experts at RS3, we sought to eliminate irregularities that can occur on other synthetic turf systems such as slower ball pace, higher infill splash, and an unnatural ball bounce.The product of that collaboration is a premier turf system designed and engineered specifically for the baseball diamond, NR34! T R U E BALL PACE Natural grass benchmark testing has taken place at New York Yankees and Houston Astros REDUCED spring training facilities. INFILL SPLASH ACTGLOBAL: 14 RUGBY Home of the -f NEWPORT GWENT DRAGONS Pro12 Club Rugby Union Team ,. AR - CENTRE FOR SPORTING EXCELLENCE Ystrad Mynach, Wales / IURF S` t • � ��'QLD RU�� -ALDEN BRIDGE ' I • SPORTS COMPLEX '' • • The Woodlands,Texas Reg22 Certified . . � ; ''pit,.�, .•• _• • F MING COLLEGE r er o Ontarrf 15 FIELD HOCKEY FIRSTjr 1 1 I L I PITCH1 1 ' ' "-"• r •FIELD RH Mff RM t FIELD Moslu FIH PREFERRED SUPPLIER j __ As a preferred supplier,Act Global •HKI o1, is committed to the highest industry standards to grow and sustain the game of hockey.We engineer high performing, FIH- Rei approved turf systems,suitable CERTIFIED FIELD for all levels of play,form elite to developmental hockey. ./ Flat,fast surface Free-moving fibres enhance player footing and stick movements Consistent ball roll and rebound •• • IrelandNorthern A CTG O: O : SPORTS TURF Play More. .f-,t.:Y�' ��•".rix�• :, •- '�1 �...._. L r•z.�rarrr is r:.-�.......a*/�[s .�.3'•.q'..}�f-_:v - — "- .,.y�• r� ��i/�. it-� - .✓ • .-,• _ t - �ffi s •. Total Synthetic Turf Solutions Manufacture With global manufacturing, regional sales support and worldwide network Pe formance of partner contractors,we can offer Test 000■ a total synthetic turf solution from Build concept to completion. .♦�`�/�"�`�- _ fir'` 9 Clear Choice Coconut& Cork (TPE) Cork Blends Granulate Crumb Rubberpop ._s, _ f.•,� Af• C/earChoiae w FPDrv1 Sand Coated Sand •F tet• ...jr. SCHMITZ I !i PROPLAY BROCK ACTGLOBAL.COM/SPORTS-TURF SPORTSC�ACTGLOBAL.COM ACT GLOBAL 1H ACTGL " A 1: OBA 000 � k" J••0� / F P SPORTS Act Global's products and services are available IFIC through distribution partners in over 90 countries. MIDDLE EAST AFRICA 4201 West Parmer Lane Dinxperlosestraatweg 50 P.O.BOX Suite B 175 7122 AH Aalten Limassol 33 Austin,Texas 78727 USA The Netherlands Cyprus OCATION ERI _ Texas,California,Florida.Georgia,Kansas,Oklahoma,Oregon,New Hampshire.Pennsylvania,Illinois ASIA PACIFI Australia.China antl Thailand EUROPE - Cyprus,France,Netherlands,Poland and United Kingdom ACTGLOBAL.COM/SPORTS-TURF SPORTS@ACTGIOBAL.COM +1.512.733.5300 BID FORM PROJECT NAME: Buck Egger 2022 Improvements PROJECT LOCATION: Round Rock,Texas OWNER: City of Round Rock, Texas DATE: July 13, 2022 Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned bidder hereby proposes to do all the Work, to furnish all necessary superintendence, labor, machinery, equipment, tools, materials, insurance and miscellaneous items, to complete all the Work on which he bids as provided by the attached Bid Documents, and as shown on the plans for the construction of Buck Egger-Phase III Multi-Purpose Turf Field Conversion to Synthetic and binds himself on acceptance of this bid to execute the Agreement and bond for completing said Work within the time stated, for the following prices, to wit: Any addenda issued will be posted with the Project Manual and/or Contract Documents on the City's website at roundrocktexas.uov/solicitations by the close of business on July 22, 2022 Prior to submitting a bid, the bidder is responsible for determining if any addenda have been issued and for following any instructions in any addenda issued. Bidder acknowledges receipt of the following Addenda by listing Addendum "number" and "date". Addendum 1: August 5th 2021 BASF. BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 1 1 LS Mobilization complete in place per plan for fifteen thousand dollars and zero cents. $15,000.00 $15,000.00 2 1 EA Capital Improvement Sign,complete in place complete in place per for two thousand seven hundred and fourteen dollars and zero cents. $2,714.00 $2,714.00 3 1 EA Stabilized Construction Entrance, complete in place, complete in place per plans for tour thousand three hundred and sixty seven dollars and zero cents. $4.367.00 $4,367.00 00300-9-2015 Page 1 of 4 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 4 1 LS Tree Protection, complete in place, complete in place per plans for one thousand nine hundred and fifty four dollars and zero cents. $1,954.00 $1,954.00 5 50 LF Silt Fence for Erosion Control, complete in place, complete in place per plans for eight hundred and fourteen dollars and zero cents. $16.28 $814.00 6 1 LS Temporary Concrete Truck Washout Area, complete in place per plans for one thousand six hundred and twenty eight dollars and zero cents. $1,628.00 $1,628.00 7 1 LS Unclassified Excavation& Embankment including Preparing the Multi-Purpose Fields Plus 5' Buffer,Clearing and Grubbing, Removal of Portland Cement Concrete, Subgrade Preparation, Proof Rolling,and Grading within the Multi-Purpose Fields Plus 5' Buffer,complete in place, complete in place per for sixty two thousand six hundred and sixteendollars and zero cents. $62,616.00 $62,616.00 8 17,600 SF Chemical Stabilization for Synthetic Turf Field,Including 12"Crushed Limestone Select Fill Cap, per Geotechnical Investigation,complete in place, complete in place per for seventy four thousand three hundred and eighty one dollars and zero cents. $ $4.226 $74,381.00 00300-9-2015 Page 2 of 4 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 9 15,000 SF Synthetic Turf Field, including base course, leveling layer, infill material (rubber&sand),composite plastic lumber anchor point,and all appurtenances,complete in place, complete in place per for one hundred and two thousand five hundred and sixty three dollars and zero cents. $6.84 $102,563.00 10 354 LF P.C.Concrete Ribbon Curb(12" complete in place per for seventeen thousand six hundred and seventy seven dollars and zero cents. $49.94 $17,677.00 11 257 LF Pipe, 4"SCH 40 PVC underdrain, Including cleanouts w/concrete collar and all appurtenances, complete in place, complete in place per for three thousand one hundred and thirty three dollars and zero cents. $12.19 $3,133.00 12 790 SF P.C. Concrete Sidewalk(Special),(4" Thick with 6"Thicken Edge), complete in place, complete in place per for sixteen thousand five hundred and fifty nine dollars and zero cents. $20.96 $16,559.00 13 1 LS Site Irrigation: retrofit irrigation including but not limited to capping existing mainline, installing new valves,emitters, lateral lines,and associated irrigation equipment per plans and specifications. complete in place per for three thousand tour hundred and seventy four dollars and zero cents. $3,474.00 $3,474.00 00300-9-2015 Page 3 of 4 Bid Form TOTAL BASE BID(Items 1 thru 13 ) $306,880.00 Materials: $184.128.00 All Other Charges: $122,752.00 * Total: $306,880.00 * Note: This total must be the same amount as shown above for "Total Base Bid" If this bid is accepted, the undersigned agrees to execute the Agreement and provide necessary bonds and insurance certification as per the Instructions to Bidders. The undersigned certifies that the bid prices contained in the bid have been carefully checked and are submitted as correct and final. The Owner reserves the right to reject any or all bids and may waive any informalities or technicalities. Respectfully Submitted, 7W05-W"- 4201 W Partner Ln Ste B-175 Signature Mark Weightman Austin, TX 78727 Print Name Address Vice President 709-629-4774 Title Telephone Act Global Americas Inc Name of Firm 08/31/22 Date Secretary, if Bidder is a Corporation 00200-9-2015 Page 4 of 4 Bid Form Eushing pr Y O 'SSS u- HiQ VI llV �- aQAO CO 3 Ci 2OF- ♦a � � � w L w ` Ta o ey,� r'r u > m C , via iO Q I • 1. rt j. mays$t 4 '� 11 w Plie Mandell-St co , a a f AIV a Ab e z