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R2021-223 2021-10-25RESOLUTION NO. R2021-223 A Resolution of the City Council of the City of Pearland, Texas, awarding a contract via an interlocal pricing arrangement with Buyboard for monthly preventative maintenance and repairs associated with Dectron Pool Equipment PM & Repairs, to McMillan James Equipment Company, in the estimated amount of $128,950.00, for the period beginning November 1, 2021 through October 31, 2022. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That interlocal cooperative pricing was obtained for monthly preventative maintenance and repairs associated with Dectron Pool Equipment PM & Repairs. Section 2. That the City Council hereby awards a contact to McMillan James Equipment Company, in the estimated amount of $128,950.00. Section 3. The City Manager or his designee is hereby authorized to execute a contract for monthly preventative maintenance and repairs associated with Dectron Pool Equipment PM & Repairs. PASSED, APPROVED and ADOPTED this the 25th day of October, A.D., 2021. VIN COLE MAYOR TEST: YS ' L ROAN, TRMC, CMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 10725A4E-E88C-47E3-86B6-9503E1 DB5A07 r-- City of Pearland 3519 Liberty Drive Pearland, TX 77581 SERVICE CONTRACT NO. C1022-01 Pool Dectron HVAC Equipment THIS CONTRACT ("Contract") is entered into by and between the City of Pearland, a Texas home - rule municipal corporation ("City") and Contractor ("Contractor"), and consisting of the following parts: I. Summary of Contract Terms II. Signatures III. Standard Contractual Provisions IV. Special Terms and Conditions V. Additional Contract Attachments I. Summary of Contract Terms. Contractor: Description of Services: Contract Amount: Effective Date: End Date: Renewals: Resolution No/Bid No: II. Signatures r d6cf�6��'EARLAN D f70ku1i/412021 I 8:43 AM CDT S �c,c,i 4[o4c6,[ PurDochascuSlgnied :nc Officer Date 1910561A11/4/2021 6:55 AM PDT eao4co... *Signed by: Date Superintendent/Manager Director Deputy/Assistant City Manager City Manager *City Contract Signature Authority: Service Contract Standard Form Approved as to Legal Form 6.28.2021 McMillan James Equipment Company 6767 Portwest Dr., Suite 150 Houston, TX 77024 Contractor will provide monthly preventative maintenance and repair services associated with two (2) Dectron Pool Dehumidifiers, for the City of Pearland, per the specifications of Vendor Service Agreement dated October 14, 2021 and BuyBoard #631-20, R2021-198. Unit Price Contract, Estimated Amount of $128,950.00. November 1, 2021 October 31, 2022 One renewal option available, upon the mutual agreement of both parties. BuyBoard #631-20, R2021-198 CONTRACTOR Title: '7&t�C(iC,Avw7f A4,'t Date: l e /W O-0'0- Superintendent/Manager — up to $10,000 Director - $10,001 - $30,000 City Manager/Deputy/Assistant City Manager - $30,001 + City Council Resolution over $50,000 Page 1 of 7 DocuSign Envelope ID: 10725A4E-E88C-47E3-86B6-9503E1 DB5A07 III. Standard Contract Provisions WHEREAS, Contractor has bid to provide Services ("Services") in response to Request for Bid/Proposal or Quote No. BuyBoard #631-20 ("Solicitation"), which Solicitation includes the required scope of work and all specifications and which Solicitation and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Contract as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Services in accordance with the attached Scope of Work, as detailed in Attachment A, the content of which is incorporated by reference into this Contract as if fully set out here in its entirety, and in accordance with Exhibit 2 Term. This Contract is for one (1) year, with performance commencing upon the effective date or the date of issuance of the notice to proceed issued by the Contract Administrator or the Purchasing Division, or upon the performance date listed in the notice to proceed, whichever is later. The parties may mutually extend the Term of this Contract for up to 1 additional one-year periods ("Option Periods)"), provided, the parties do so by written amendment prior to the expiration of the original term or the then -current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Contract is for an amount not to exceed $128,950.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within thirty (30) days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated, in its entirety, by reference into this Contract. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Invoices will be emailed to the following email address with a copy provided to the Contract Administrator: City of Pearland Attn: Accounts Payable Email: accountspayable acpearlandtx.gov 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Contract, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Contract is as follows: Name: SueEllen Arredondo Department' Engineering & Public Works Phone: 281.652 1946 Email: sarredondo@pur.hctx.net 5. Insurance; Bonds. (A) Before performance can begin under this Contract, the Contractor must deliver a Certificate of Insurance ("COI"), as proof of the required insurance coverages, to the City's Contract Administrator. Additionally, the COI must state that the City shall be Service Contract Standard Form Page 2 of 7 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: 10725A4E-E88C-47E3-86B6-9503E1 DB5A07 provided no Tess than thirty (30) days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within ten (10) days of the City Manager or his designee's written request. Insurance requirements are as stated in Attachment C, the entirety of which is incorporated by reference into this Contract. (B) Contractor shall provide any required payment bond performance bond, or both, prior to commencement of performance under this Contract. The terms, conditions, and amounts of the bonds and appropriate surety information shall be included in the RFB/RFP or as may be added to Attachment C, and such content, the entirety of which, shall be incorporated into this Contract. 6. Purchase Release Order. For multiple -release purchases of Services provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: the authorized City department or division shall send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order shall refer to this Contract, and Services shall not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re- working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, shall be paid by the Contractor within thirty (30) days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Contract are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Contract shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated therein. Attachment D, the entirety of which, is attached to this is incorporated into this Contract. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Contract including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Contract after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Contract as an expenditure in said budget, and it is Service Contract Standard Form Page 3 of 7 Approved as to Legal Form 6 28.2021 DocuSign Envelope ID: 10725A4E-E88C-47E3-86B6-9503E1 DB5A07 r within the sole discretion of the City's City Council to determine whether or not to fund this Contract. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor shall perform all work required by this Contract as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors unless the subcontractors were identified in the bid/quote/proposal or approved by the Contract Administrator. 13. Amendments. This Contract may be amended or modified only in writing and executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Contract waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Contract must be given by hand delivery, or certified mail, postage prepaid, and is deemed received on the day hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Pearland Attn: Jack Enochs Title: Facilities Services Manager Address: 3501 East Orange Street, Pearland, TX 77581 Phone: 281.652 1914 IF TO CONTRACTOR: McMillan James Equipment Company Attn: Ian Taxman Title: Service Manager Address: 6767 Portwest Dr., Suite 150 Phone: 832 377.3275 17. Liability and Indemnity. ANY PROVISION OF ANY ATTACHED CONTRACT DOCUMENT THAT LIMITS THE CONTRACTOR'S LIABILITY TO THE CITY OR RELEASES THE CONTRACTOR FROM LIABILITY TO THE CITY FOR ACTUAL OR COMPENSATORY DAMAGES, LOSS, OR COSTS ARISING FROM THE PERFORMANCE OF THIS CONTRACT OR THAT PROVIDES FOR CONTRACTUAL INDEMNITY BY ONE PARTY TO THE OTHER PARTY TO THIS CONTRACT IS NOT APPLICABLE OR EFFECTIVE UNDER THIS CONTRACT. EXCEPT WHERE AN ADDITIONAL CONTRACT DOCUMENT PROVIDED BY THE CITY PROVIDES OTHERWISE, EACH PARTY TO THIS CONTRACT IS RESPONSIBLE FOR DEFENDING AGAINST AND LIABLE FOR PAYING ANY CLAIM, SUIT, OR JUDGMENT FOR DAMAGES, LOSS, OR COSTS ARISING FROM Service Contract Standard Form Page 4 of 7 Approved as to Legal Form 6.28 2021 DocuSign Envelope ID: 10725A4E-E88C-47E3-86B6-9503E1 DB5A07 THAT PARTY'S NEGLIGENT ACTS OR OMISSIONS IN THE PERFORMANCE OF THIS CONTRACT IN ACCORDANCE WITH APPLICABLE LAW. THIS PROVISION DOES NOT AFFECT THE RIGHT OF EITHER PARTY TO THIS CONTRACT WHO IS SUED BY A THIRD PARTY FOR ACTS OR OMISSIONS ARISING FROM THIS CONTRACT TO BRING IN THE OTHER PARTY TO THIS CONTRACT AS A THIRD - PARTY DEFENDANT AS ALLOWED BY LAW. 18. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. If either party disputes any matter relating to this Contract, the parties agree to try in good faith, before bringing any legal action, to settle the dispute by submitting the matter to mediation before a third party who will be selected by agreement of the parties. The parties will each pay one-half of the mediator's fees. 19. Attorney's Fees. Should either party to this Contract bring suit against the other party for breach of contract or for any other cause relating to this Contract, neither party will seek or be entitled to an award of attorney's fees or other costs relating to the suit. 20. Termination. (A) City Termination for Convenience. Under this paragraph, the City may terminate this Contract during its term at any time for the City's own convenience where the Contractor is not in default by giving written notice to Contractor. If the City terminates this Contract under this paragraph, the City will pay the Contractor for all services rendered in accordance with this Contract to the date of termination. (B) Termination for Default. Either party to this Contract may terminate this Contract as provided in this paragraph if the other party fails to comply with its terms. The party alleging the default shall provide the other party notice of the default in writing citing the terms of the Contract that have been breached and what action the defaulting party must take to cure the default. If the party in default fails to cure the default as specified in the notice, the party giving the notice of default may terminate this Contract by written notice to the other party, specifying the date of termination. Termination of this Contract pursuant this paragraph does not affect the right of either party to seek remedies for breach of the Contract as allowed by law, including any damages or costs suffered by either party. 21. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Contract. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 22. Limitation of Liability The City's maximum liability under this Contract is limited to the total amount of compensation listed in this Contract. In no event shall the City be liable for incidental, consequential or special damages. 23. Assignment. No assignment of this Contract by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Contract by the Contractor is of the essence of this Contract, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 24. Severability. Each provision of this Contract is considered to be severable and, if, for any Service Contract Standard Form Page 5 of 7 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: 10725A4E-E88C-47E3-86B6-9503E1 DB5A07 . reason, any provision or part of this Contract is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Contract that are valid, but this Contract shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 25. Order of Precedence. In the event of any conflicts or inconsistencies between this Contract, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Contract (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 26. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Contract if required by said statute for items approved by the City Council. 27. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Contract. The applicable law for any legal disputes arising out of this Contract is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Brazoria County, Texas. 28. H.B. 89. In accordance with Chapter 2270 of the Texas Government Code, the signatory executing this contract on behalf of company verifies that the company does not boycott Israel and will not boycott Israel during the term of this contract. This clause is subject to companies with ten or more full time employees and the contract value is $100,000 or more that is to be paid wholly or partially with public funds of the governmental entity. 29. Public Information Act Requirements. This paragraph applies only to Contracts that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City The requirements of Subchapter J, Chapter 552, Government Code, regarding certain entities requirement to provide contracting information to governmental bodies in connection with a public information request, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 30. Entire Agreement. This Contract constitutes the entire agreement between the parties concerning the subject matter of this Contract and supersedes all prior negotiations, arrangements, agreements, and understandings, either oral or written, between the parties. IV. Special Terms and Conditions. None. V. Additional Contract Documents Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment De Warranty Requirements Service Contract Standard Form Page 6 of 7 Approved as to Legal Form 6.28 2021 DocuSign Envelope ID: 10725A4E-E88C-47E3-86B6-9503E1 DB5A07 Approved as to Legal Form 6.28 2021 Incorporated by Reference Only: Exhibit 1: RFB/RFP/Quote No. BuyBoard #631-20 Exhibit 2: Contractor's Bid/Proposal Response Service Contract Standard Form Page 7 of 7 DocuSign Envelope ID: 10725A4E-E88C-47E3-86B6-9503E1 DB5A07 ATTACHMENT A - SCOPE OF WORK Scope of services shall consist of the contractor providing monthly preventative maintenance and repair services associated with two (2) Dectron Pool Dehumidifiers services for the City of Pearland, as needed, per the specifications of vendor Service Agreement dated October 14, 2021 and BuyBoard Contract #631- 20, R2021-198. DocuSign Envelope ID: 10725A4E-E88C-47E3-86B6-9503E1 DB5A07 ATTACHMENT B - BID/PRICING SCHEDULE See attached page 38 of the BuyBoard contract. DocuSign Envelope ID: 10725A4E-E88C-47E3-86B6-9503E1 DB5A07 ATTACHMENT C -- INSURANCE REQUIREMENTS Contractors performing work on City property or public right-of-way for the City of Pearland shall provide the City a certificate of insurance or a copy of their insurance policy(s) evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor's policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of Pearland. Listed below are the types and amounts of insurances required. The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work. Type of Insurance Amount of Insurance Provisions 1, Workers' Compensation Employers' Liability Statutory Limits $100,000 per occurrence 2. Commercial General (Public) Liability to include coverage for: a) Premises/Operations b) Products/Completed Operations c) Independent Contractors d) Personal Injury e) Contractual Liability 3, Business Auto Liability to include coverage for: a) Owned/Leased vehicles b) Non -owned vehicles c) Hired vehicles Personal Injury - $1,000,000 per person; Property Damage - $1,000,000 per occurrence; General Aggregate - $1,000,000 Combined Single Limit - $1,000,000 City to be provided a WAIVER OF SUBROGATION and 30-day notice of cancellation or material change in coverage. City to be listed as additional insured and provided 30-day notice of cancellation or material change in coverage. City shall be provided 30-day notice of cancellation or material change in coverage. Certificate of Insurance forms may be sent to Purchasing Department. DocuSign Envelope ID: 10725A4E-E88C-47E3-86B6-9503E1 DB5A07 ATTACHMENT D -- WARRANTY Items or services shall conform to the proposed specifications and all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title. Public Works Overtime Request Mark W. Silvas , hereby certify that I worked the following overtime. (Employee Name) Date: Date: Date: Date: Date: Date: Date: Date: Date: Date: Date: Date: Date: 11/2/2021 F o r a total of from from from from from from from from from from from from from 3 6:30PM am/pm to am/pm to am/pm to am/pm to am/pm to am/pm to am/pm to am/pm to am/pm to am/pm to am/pm to am/pm to am/pm to hours overtime. want this overtime to be: Overtime was authorized by: For Pay 9:30PM am/pm Reason: am/pm Reason: am/pm Reason: am/pm Reason: am/pm Reason: am/pm Reason: am/pm Reason: am/pm Reason: am/pm Reason: am/pm Reason: am/pm Reason: am/pm Reason: am/pm Reason: Night checks/Cullen Alarm 3 Hours Comp Time Earned Hours Julian Kelly Digitally signed by Charles B. Glynn Charles B. GlynnCN: C=US, E=. Glynn arlandtx.gov, O=City of Pearland, OW -Water Product on, Signature of Supervisor.Date: 2021 1©. 306 58:53-05'00' DISAPPROVED Board° Cooperative Purchasing P.O. Box 400 Austin, TX 78767-0400 800.695.2919 J 512.467.0222 J Fax: 800.211.5454 buyboard. com October 22, 2020 Sent Via Email: jeffl@mjec.com Jeff Langlitz McMillan James Equipment Company, LLC 1010 Mustang Drive, Suite 100 Grapevine, TX 76051 Welcome to BuyBoardI Re: Notice of The Local Government Purchasing Cooperative Award Proposal Name and Number: HVAC Equipment, Supplies, and Installation of HVAC Equipment, Proposal No. 631-20 Congratulations, The Local Government Purchasing Cooperative (Cooperative) has awarded your company a BuyBoard® contract based on the above -referenced Proposal. The contract is effective 12/1/2020 through 11/30/2021, with two possible one-year renewals. The contract documents are those identified in Section 3 of the General Terms and Conditions of the specifications. To view the items your company has been awarded, please review the proposal tabulation No. 631-20 on the following web -site: www.buyboard.com/vendor. Only items marked as awarded to your company can be sold through the BuyBoard contract. In addition, on this website you will find the membership list which will provide you with the names of all entities with membership in our purchasing cooperative. You are advised that receipt of a purchase order directly from a Cooperative member is not within the guidelines of the Cooperative. Accepting purchase orders directly from Cooperative members may result in a violation of the State of Texas competitive bid statute and termination of this Cooperative BuyBoard contract. Therefore, all purchase orders must be processed through the BuyBoard in order to comply. Please forward by email to info@buyboard.com any order received directly from a Cooperative member. If you inadvertently process a purchase order sent directly to you by a Cooperative member, please email the order info@buyboard.com and note it as RECORD ONLY to prevent duplication. As an awarded vendor a BuyBoard user id and password will be sent via e-mail 2 to 3 business days prior to the start of your contract. On behalf of the Texas Association of School Boards, we appreciate your interest in the Cooperative and we are looking forward to your participation in the program. If you have any questions, please contact Cooperative Procurement Staff at 800-695-2919. Sincerely, • Arturo Salinas Department Director, Cooperative Procurement v.6.5 The Local Government Purchasing Cooperative is endorsed by the Texas Association of School Boards, TI , O Tr--ral b-t-' Texas MunicipalLeague, • g e, Texas Association of Counties, and the Texas Association of School Administrators. Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH 800-695-2919 • FAX: 800-211-5454 • buyboard.com PROPOSER'S AGREEMENT AND SIGNATURE Proposal Name: HVAC Equipment, Supplies, and Installation of HVAC Equipment Proposal Number: 631-20 Contract Time Period: December 1, 2020 through November 30, 2021 with two (2) possible one-year renewals. McMillan James Equipment Company, LLC Name of Proposing Company 1010 Mustang Drive, Suite 100 Street Address Grapevine, TX 76051 City, State, Zip 817-912-0800 Telephone Number of Authorized Company Official 817-912-0888 Fax Number of Authorized Company Official Proposal Due Date/Opening Date and Time: July 14, 2020 at 4:00 PM Location of Proposal Openings Texas Association of School Boards, Inc. BuyBoard Department 12007 Research Blvd. Austin, TX 78759 Anticipated Cooperative Board Meeting Date: October 2020 July 08,2020 Date Signattpr,E;"of Authorize a v%orroircany Official Jeff Langlitz Printed Name of Authorized Company Official Principal Position or Title of Authorized Company Official 43-1989838 Federal ID Number Page 10 of 66 Proposal Forms CONST v.01,07,2020 Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH 800-695-2919 • FAX: 800-211 5454 • buyboard.com The proposing company ("you" or "your") hereby acknowledges and agrees as follows: 1. You have carefully examined and understand all Cooperative information and documentation associated with this Proposal Invitation, including the Instructions to Proposers, General Terms and Conditions, attachments/forms, item specifications and line items (collectively 'Requirements"); 2. By your response ("Proposal') to this Proposal Invitation, you propose to supply the products or services submitted at the prices quoted in your Proposal and in strict compliance with the Requirements, unless specific deviations or exceptions are noted in the Proposal; 3. Any and all deviations and exceptions to the Requirements have been noted in your Proposal and no others will be claimed If the Cooperative accepts any part of your Proposal and awards you a contract, you will furnish all awarded products or services at the prices quoted and in strict compliance with the Requirements (unless specific exceptions are noted in the Proposal and accepted by the Cooperative), including without limitation the Requirements related to: a. conducting business with Cooperative members, including offering pricing to members that is the best you offer compared to similar customers; b. payment of a service fee in the amount specified and as provided for in this Proposal Invitation; c, the possible award of a piggy -back contract by another governmental entity or nonprofit entity, in which event you will offer the awarded goods and services in accordance with the Requirements; and d. submitting price sheets or catalogs in the proper format as required by the Cooperative as a prerequisite to activation of your contract; 5. You have clearly identified on the included form any information in your Proposal that you believe to be confidential or proprietary or that you do not consider to be public information subject to public disclosure under a Texas Public Information Act request or similar public information law; 6. The individual signing this Agreement is duly authorized to enter into the contractual relationship represented by this Proposal Invitation on your behalf and bind you to the Requirements, and such individual (and any individual signing a form) is authorized and has the requisite knowledge to provide the information and make the representations and certifications required in the Requirements; 7. You have carefully reviewed your Proposal, and certify that all information provided is true, complete and accurate, and you authorize the Cooperative to take such action as it deems appropriate to verify such information; and 8. Any misstatement, falsification, or omission in your Proposal, whenever or however discovered, may disqualify you from consideration for a contract award under this Proposal Invitation or result in termination of an award or any other remedy or action provided for in the General Terms and Conditions or by law. Page 11 of 66 Proposal Forms CONST v.01,07.2020 Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard,corn VENDOR CONTACT INFORMATION Name of Company: McMillan James Equipment Company, LLC Vendor Proposal/Contract Contact Name. Jeff Langlitz Vendor Proposal/Contract Contact E-mail Address: Jeffl@mjec.com Vendor Contact Mailing Address for Proposal/Contract Notices: P.O Box 2416 Grapevine, TX 76099 Company Website: WWW.mjec.com Purchase Orders: All purchase orders from Cooperative members will be available through the Internet. Vendors need Internet access and at least one e-mail address so that notification of new orders can be sent to the Internet contact when a new purchase order arrives. An information guide will be provided to vendors to assist them with retrieving their orders. Please select options below for receipt of purchase orders and provide the requested information: 111 I will use the Internet to receive purchase orders at the following address: Purchase Order E-mail Address: shannonf@mjec.com Purchase Order Contact: Shannon Farris Phone: 817-912-0800 Alternate Purchase Order E-mail Address: jeffl@mjec.com Alternate Purchase Order Contact: Jeff Langlitz Phone: 817-912-0800 Purchase orders may be received by the Designated Dealer(s) identified on my company s Dealer Designation form as provided to the Cooperative administrator. I understand that my company shall remain responsible for the Contract and the performance of all Designated Dealers under and in accordance with the Contract. Request for Quotes ("RFQ"): Cooperative members will send RFQs to you by e-mail. Please provide e mail addresses for the receipt of RFQs: RFQ E-mail Address' shannonf@mjec.com RFQ Contact: Shannon Farris Phone: 817-912-0800 Alternate RFQ E-mail Address' Jeff Langlitz Alternate RFQ Contact: jeffl@mjec.com Phone: 817-912-0800 Page 12 of 66 Proposal Forms CONST v.01.07.2020 Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH 800-695-2919 ' FAX: 800-211 5454 • buyboard.com Invoices: Your company will be billed monthly for the service fee due under a contract awarded under this Proposal Invitation. All invoices are available on the BuyBoard website and e-mail notifications will be sent when they are ready to be retrieved. Please provide the following address, contact and e-mail information for receipt of service fee invoices and related communications: Please choose only one (1) of the following options for receipt of invoices and provide the requested information: Service fee invoices and related communications should be provided directly to my company at Invoice Mailing address: P.O Box 2416 Department: Accounting city: Grapevine State: TX Zip Code: 76099 Contact Name: Lena Williams Phone: 817-912-0800 Invoice Fax: 817-912-0888 Invoice E-mail Address: lenaw@mjec.com Alternative Invoice E-mail Address: shannonf@mjec.com U In lieu of my company, I request and authorize all service fee invoices to be provided directly to the following billing agent**: Billing agent Mailing address: Department: City: State: Zip Code: Billing Agent Contact Name. Phone: Billing Agent Fax: Billing Agent E-mail Address: Alternative Billing Agent E-mail Address: ** If Vendor authorizes a billing agent to receive and process service fee Invoices, in accordance with the General Terms and Conditions of the Contract, Vendor specifically acknowledges and agrees that nothing in that designation shall relieve Vendor of its responsibilities and obligations under the Contract Including, but not limited to, payment of all service fees under any Contract awarded Vendor. Page 13 of 66 Proposal Forms CONST v.01,07.2020 Cooperative Purchasing 12007 Research Boulevard * Austin, Texas 78759-2439 PH 800-695-2919 • FAX: 800-211-5454 • buyboard.com FELONY CONVICTION DISCLOSURE AND DEBARMENT CERTIFICATION FELONY CONVICTION DISCLOSURE Subsection (a) of Section 44.034 of the Texas Education Code (Notification of Criminal History of Contractor) states "A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony." Section 44.034 further states in Subsection (b): "A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract." Please check (J) one of the following: My company is a publicly -held corporation. (Advance notice requirement does not apply to publicly -held corporation.) My company is not owned or operated by anyone who has been convicted of a felony. My company is owned/operated by the following individual(s) who has/have been convicted of a felony: Name of Felon(s): Details of Conviction(s): By signature below, I certify that the above information is true, complete and accurate and that I am authorized by my company to make this certification McMillan James Equipment Company, LLC Company Name Jeff Langlitz Sign re of ! tho ed Company Official Printed Name DEBARMENT CERTIFICATION Neither my company nor an owner or principal of my company has been debarred, suspended or otherwise made ineligible for participation in Federal Assistance programs under Executive Order 12549, "Debarment and Suspension, ' as described in the Federal Register and Rules and Regulations. Neither my company nor an owner or principal of my company is currently listed on the government -wide exclusions in SAM, debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. My company agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from my company if my company or an owner or principal is later listed on the government -wide exclusions in SAM or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification. McMillan James Equipment Company, LLC Company Name Jeff Langlitz Signature'"of Aut oriz- . ompany Official Printed Name Page 14 of 66 Proposal Forms CONST v.01.07.2020 Cooperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 PH 800-695-2919 • FAX: 800-211-5454 • buyboard.com RESIDENT/NONRESIDENT CERTIFICATION Chapter 2252, Subchapter A, of the Texas Government Code establishes certain requirements applicable to proposers who are not Texas residents Under the statute, a "resident" proposer is a person whose principal place of business is in Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in Texas. A 'nonresident" proposer is a person who is not a Texas resident. Please indicate the status of your company as a `resident" proposer or a nonresident" proposer under these definitions. Please check (V) one of the following; ■ I certify that my company is a Resident Proposer. I certify that my company is a Nonresident Proposer. If your company is a Nonresident Proposer, you must provide the following information for your resident state (the state in which your company's principal place of business is located) Company Name Address City State Zip Code A. Does your resident state require a proposer whose principal place of business is in Texas to under -price proposers whose resident state is the same as yours by a prescribed amount or percentage to receive a comparable contract? ❑ Yes El No B. What is the prescribed amount or percentage? $ or ok VENDOR EMPLOYMENT CERTIFICATION Section 44.031(b) of the Texas Education Code establishes certain criteria that a school district must consider when determining to whom to award a contract. Among the criteria for certain contracts is whether the vendor or the vendor's ultimate parent or majority owner (i) has its principal place of business in Texas; or (ii) employs at least 500 people in Texas. If neither your company nor the ultimate parent company or majority owner has its principal place of business in Texas, does your company, ultimate parent company, or majority owner employ at least 500 people in Texas? Please check (V) one of the following: Yes L1 No By signature below, I certify that the information in Sections 1 (Resident/Nonresident Certification) and 2 (Vendor Employment Certification) above is true, complete and accurate and that I am authorized by my company to make this certification. McMillan James Equipment Company, LLC Company Name Jeff Langlitz Signatures of Authorized bmpany Official Printed Name Page 1S of 66 Proposal Forms CONST v.01.07.2020 Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH 800-695-2919 • FAX: 800-211-5454 • buyboard.com No ISRAEL BOYCOTT CERTIFICATION Effective September 1, 2017, as amended effective May 7 2019 (H.B. 793), a Texas governmental entity may not enter into a contract with a value of $100,000 or more that is to be paid wholly or partly from public funds with a company (excluding a sole proprietorship) that has 10 or more full-time employees for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. (TEx. Gov'T CODE Ch. 2270) Accordingly, this certification form is included to the extent required by law. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes. TEX. Gov'T CODE §808.001(1). By signature below, I certify and verify that Vendor does not boycott Israel and will riot boycott Israel during the term of any contract awarded under this Proposal Invitation, that this certification is true, complete and accurate, and that I am authorized by my company to make this certification. McMillan James Equipment Company, LLC Company Name Signat e of AutKrized ompany Official Printed Name Jeff Langlitz Note: If Vendor does not wish to make this certification, return the blank form in lieu of a completed certification. NO EXCLUDED NATION OR FOREIGN TERRORIST ORGANIZATION CERTIFICATION Effective September 1, 2017 Chapter 2252 of the Texas Government Code provides that a Texas governmental entity may not enter into a contract with a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization — specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.) By signature below, I certify and verify that Vendor is not on the Texas Comptroller's list identified above; that this certification is true, complete and accurate; and that I am authorized by my company to make this certification. McMillan James Equipment Company, LLC Company Name Jeff Langlitz Signature 1Authored Com ny Official Printed Name Page 16 of 66 Proposal Forms CONST v.01.07.2020 Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com HISTORICALLY UNDERUTILIZED BUSINESS CERTIFICATION A proposer that has been certified as a Historically Underutilized Business (also known as a Minority/Women Business Enterprise or "MWBE" and all referred to in this form as a 'HUB') is encouraged to indicate its HUB certification status when responding to this Proposal Invitation The electronic catalogs will indicate HUB certifications for vendors that properly indicate and document their HUB certification on this form. Please check (A/) all that apply: I certify that my company has been certified as a HUB in the following categories: ■ Minority Owned Business Women Owned Business Service -Disabled Veteran Owned Business (veteran defined by 38 U.S.C. §101(2), who has a service -connected disability as defined by 38 U.S.C. § 101(16), and who has a disability rating of 200/0 or more as determined by the U. S. Department of Veterans Affairs or Department of Defense) Certification Number: Name of Certifying Agency: My company has NOT been certified as a HUB. By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification McMillan James Equipment Company, LLC Company Name Jeff Langlitz Printed Name Signatu>?e of Au'orized -. pany Official Page 17 of 66 Proposal Forms CONST v.01.07.2020 Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com CONSTRUCTION -RELATED GOODS AND SERVICES AFFIRMATION A contract awarded under this Proposal Invitation covers only the specific goods and services awarded by the BuyBoard. As explained in the BuyBoard Procurement and Construction Related Goods and Services Advisory for Texas Members ("Advisory"), Texas law prohibits the procurement of architecture or engineering services through a purchasing cooperative. This BuyBoard contract does not include such services. Architecture or engineering services must be procured by a Cooperative member separately, in accordance with the Professional Services Procurement Act (Chapter 2254 of the Texas Government Code) and other applicable law and local policy. The Advisory, available at buyboard.com/Vendor/Resources.aspx, provides an overview of certain legal requirements that are potentially relevant to a Cooperative member's procurement of construction or construction -related goods and services, including those for projects that may involve or require architecture, engineering or independent testing services. A copy of the Advisory can also be provided upon request. By signature below, the undersigned affirms that Proposer has obtained a copy of the Advisory, has read and understands the Advisory, and is authorized by Proposer to make this affirmation. If Proposer sells construction -related goods or services to a Cooperative member under a BuyBoard contract awarded under this Proposal Invitation, Proposer will comply with the Advisory and applicable legal requirements, make a good faith effort to make its Cooperative member customers or potential Cooperative member customers aware of such requirements and provide a Cooperative member with a copy of the Advisory before executing a Member Construction Contract with the member or accepting the member's purchase order for construction -related goods or services, whichever comes first. McMillan James Equipment Company, LLC Company Name Jeff Langlitz Signatof Au orize company Official Printed Name July 08, 2020 Date Page 18 of 66 Proposal Forms CONST v.01107.2020 Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH 800-695-2919 • FAX: 800-211-5454 • buyboard.com DEVIATION AND COMPLIANCE If your company intends to deviate from the General Terms and Conditions, Proposal Specifications or other requirements associated with this Proposal Invitation you MUST list all such deviations on this form, and provide complete and detailed information regarding the deviations on this form or an attachment to this form The Cooperative will consider any deviations in its contract award decision, and reserves the right to accept or reject a proposal based upon any submitted deviation. In the absence of any deviation identified and described in accordance with the above, your company must fully comply with the General Terms and Conditions, Proposal Specifications and all other requirements associated with this Proposal Invitation if awarded a contract under this Proposal Invitation. A deviation will not be effective unless accepted by the Cooperative. The Cooperative may, in its sole discretion, seek clarification from and/or communicate with Proposer(s) regarding any submitted deviation, consistent with general procurement principles of fair competition. The Cooperative reserves the right to accept or reject a proposal based upon any submitted deviation. Please check (V) one of the following: No; Deviations ❑ Yes; Deviations List and fully explain any deviations you are submitting: PLEASE PROVIDE THE FOLLOWING INFORMATION: 1. Shipping Via: ❑ Common Carrier ■ Company Truck 0 Prepaid and Add to Invoice ❑ Other: 2. Payment Terms: ■ Net 30 days ❑ 1% in 10/Net 30 days ❑ Other: 3. Number of Days for Delivery: ARO 4. Vendor Reference/Quote Number: 5. State your return policy: 6. Are electronic payments acceptable? ❑Yes ■ No 7. Are credit card payments acceptable? ❑Yes ■ No McMillan James Equipment Company, LLC Company Name � Jeff Langlitz Signatur of Authorized ompany Official Printed Name Page 19 of 66 Proposal Forms CONST v.01.07,2020 Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com LOCATION/AUTHORIZED SELLER LISTINGS If you have more than one location/authorized seller that will service a contract awarded under this Proposal Invitation, please list each location/authorized seller below. If additional sheets are required, please duplicate this form as necessary. NOTE: Awarded Vendors shall remain responsible for all aspects of the Contract including processing of Purchase Orders, and shall be responsible for the performance of all locations and authorized sellers under and in accordance with the Contract. If you are a product manufacturer and wish to designate Designated Dealers as defined in the General Terms and Conditions to receive Cooperative member Purchase Orders on your behalf, you must complete the Manufacturer Designated Dealer form. Company Name Address City State Zip Phone Number Fax Number Contact Person Company Name Address City State Zip Phone Number Fax Number Contact Person Page 20 of 66 Proposal Forms CONST v.01.07.2020 Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH 800-695-2919 • FAX: 800-211 5454 • buyboard.com MANUFACTURER DEALER DESIGNATION If Vendor is a manufacturer that sells products through a dealer network and wishes to designate a dealer or multiple dealers ("Designated Dealers") to receive Cooperative member Purchase Orders on Vendor's behalf, you must complete this form for each dealer you wish to designate. Regardless of any Designated Dealers submitted by Vendor, Vendor specifically agrees and acknowledges that any such designations are for Vendor's convenience only and shall not, if Vendor is awarded a Contract, relieve Vendor of any obligations under the Contract, including payment of Cooperative service fees on all Purchase Orders submitted to Vendor or any Designated Dealer. In accordance with the General Terms and Conditions an awarded Vendor shall remain responsible and liable for all of its obligations under the Contract and the performance of both Vendor and any of Vendor's Designated Dealers under and in accordance with the Contract and remain subject to all remedies for default thereunder, including, but not limited to suspension and termination of Vendor's Contract for nonpayment of service fees. If awarded Vendor authorizes the Cooperative, in its sole discretion, to list any Vendor Designated Dealers in the BuyBoard system and to receive Purchase Orders directly from Cooperative members on behalf of Vendor To the extent a Vendor with Designated Dealers receives a Purchase Order directly, it shall be the responsibility of Vendor to appropriately process such Purchase Order in accordance with the Contract, including but not limited to timely forwarding such Purchase Order to a Designated Dealer for processing. The Cooperative reserves the right, in its sole discretion, to refuse addition of, or request removal of, any Designated Dealer, and Vendor agrees to immediately require such Designated Dealer to cease accepting Purchase Orders or otherwise acting on Vendor's behalf under the Contract. Further the Cooperative's administrator shall be authorized to remove or suspend any or all Designated Dealers from the BuyBoard at any time in its sole discretion. If you wish to designate a dealer to service a contract awarded under this Proposal Invitation, please list the Designated Dealer below and have this form signed by an official of your company authorized to make such designation. If you wish to designate multiple dealers, please duplicate this form as necessary. Designated Dealer Name Designated Dealer Address City State Zip Phone Number Fax Number Email address Designated Dealer Tax ID Number* (*attach W-9) Designated Dealer Contact Person Your Company Name Signature of Authorized Company Official Page 21 of 66 Proposal Forms CONST v.01.07.2020 Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH 800-695-2919 • FAX: 800-211-5454 • buyboard.com TEXAS REGIONAL SERVICE DESIGNATION The Cooperative (referred to as "Texas Cooperative" In this form and in the State Service Designation form) offers vendors the opportunity to service its members throughout the entire State of Texas If you do not plan to service all Texas Cooperative members statewide, you must indicate the specific regions you will service on this form. If you propose to serve different regions for different products or services included in your proposal, you must complete and submit a separate Texas Regional Service Designation form for each group of products and clearly Indicate the products or services to which the designation applies In the space provided at the end of this form. By designating a region or regions, you are certifying that you are authorized and willing to provide the proposed products and services In those regions. Designating regions in which you are either unable or unwilling to provide the specified products and services shall be grounds for either rejection of your proposal or, if awarded, termination of your Contract. Additionally, if you do not plan to service Texas Cooperative members (i.e., if you will service only states other than Texas), you must so indicate on this form. Regional Education Service Centers "20 McMillan James Equipment Company, LLC Company Name Signatu of Autho P ed Co ny Official Jeff Langlitz Printed Name >fr ❑ I will service Texas Cooperative members statewide. ® I will not service Texas Cooperative members statewide. I will only service members in the regions checked below: Region ❑ to 174 141 and Headquarters Edinburg 2 Corpus Christi 3 Victoria 4 Houston 5 Beaumont 6 Huntsville 7 Kilgore 8 Mount Pleasant 9 Wichita Falls 10 Richardson 11 Fort Worth 12 Waco 13 Austin 14 Abilene 15 San Angelo 16 Amarillo 17 Lubbock 18 Midland 19 El Paso 20 San Antonio ❑ I will not service members of the Texas Cooperative. Page 22 of 66 Proposal Forms CONST v.01.07.2020 Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH 800-695-2919 • FAX: 800-211-5454 • buyboard.com If this Texas Regional Service Designation form applies to only one or some of the products and services proposed by Vendor, list the products and services to which this form applies here: Page 23 of 66 Proposal Forms CONST v.01.07.2020 Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH 800-695-2919 • FAX: 800-211-5454 • buyboard.corn STATE SERVICE DESIGNATION The Cooperative offers vendors the opportunity to service other governmental entities in the United States, including intergovernmental purchasing cooperatives such as the National Purchasing Cooperative BuyBoard. You must complete this form if you plan to service the entire United States, or will service only the specific states indicated. (Note: If you plan to service Texas Cooperative members, be sure that you complete the Texas Regional Service Designation form.) If you serve different states for different products or services Included in your proposal, you must complete and submit a separate State Service Designation form for each group of products and clearly Indicate the products or services to which the designation applies In the space provided at the end of this form. By designating a state or states, you are certifying that you are authorized and willing to provide the proposed products and services in those states. Designating states In which you are either unable or unwilling to provide the specified products and services shall be grounds for either rejection of your proposal or, if awarded, termination of your Contract, Please check (V) all that apply: ❑ I will service all states in the United States. El I will not service all states in the United States. I will service only the states checked below: 0 ■ 0 ■ ■ ■ ■ ■ CI El 111 0 ■ 0 El Alabama Alaska Arizona Arkansas California (Public Contract Code 20118 & 20652) Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana ❑ Nebraska ❑ Nevada ❑ New Hampshire New Jersey ❑ New Mexico 0 New York ❑ North Carolina North Dakota O hio Oklahoma O regon ❑ Pennsylvania Rhode Island South Carolina ❑ South Dakota Tennessee Texas E Utah ❑ Vermont ❑ Virginia ❑ Washington ❑ West Virginia ❑ Wisconsin Wyoming ■ ■ ■ ■ El ■ Page 24 of 66 Proposal Forms CONST v.01,07,2020 McMillan James Equipment Company, LLC Company Name Jeff Langlitz Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH 800-695-2919 • FAX: 800-211-5454 • buyboard.com This form will be used to ensure that you can service other governmental entities throughout the United States as indicated. Your signature below confirms that you understand your service commitments during the term of a contract awarded under this proposal. i Signature of 4Gthoriz d Co .. ny Official Printed Name If this State Service Designation form applies to only one or some of the products and services proposed by Vendor, list the products and services to which this form applies here: Page 25 of 66 Proposal Forms CONST v.01.07.2020 Cooperative Purchasing 12007 Research Boulevard . Austin, Texas 78759-2439 • PH 800-695-2919 • FAX: 800-211-5454 • buyboard.com NATIONAL PURCHASING COOPERATIVE VENDOR AWARD AGREEMENT In accordance with the Terms and Conditions associated with this Proposal Invitation, a contract awarded under this Proposal Invitation may be "piggy -backed" by another governmental entity The National Purchasing Cooperative is an intergovernmental purchasing cooperative formed by certain school districts outside of Texas to serve its members throughout the United States. If you agree to be considered for a piggy -back award by the National Purchasing Cooperative, you agree to the following terms and agree to serve National Purchasing Cooperative members in the states you have indicated on the State Service Designation form, in your Proposal. By signing this form, Proposer (referred to in this Agreement as "Vendor") agrees as follows: 1. Vendor acknowledges that if The Local Government Purchasing Cooperative ("Texas Cooperative") awards Vendor a contract under this Proposal Invitation ("Underlying Award"), the National Purchasing Cooperative ("National Cooperative") may - but is not required to - "piggy -back" on or re -award all or a portion of that Underlying Award ("Piggy -Back Award'). By signing this National Cooperative Vendor Award Agreement ("Agreement') Vendor accepts and agrees to be bound by any such Piggy -Back Award as provided for herein. 2. In the event National Cooperative awards Vendor a Piggy -Back Award, the National Cooperative Administrator ("BuyBoard Administrator") will notify Vendor in writing of such Piggy -Back Award, which award shall commence on the effective date stated in the Notice and end on the expiration date of the Underlying Award, subject to annual renewals as authorized in writing by the BuyBoard Administrator. Vendor agrees that no further signature or other action is required of Vendor in order for the Piggy -Back Award and this Agreement to be binding upon Vendor Vendor further agrees that no interlineations or changes to this Agreement by Vendor will be binding on National Cooperative, unless such changes are agreed to by its BuyBoard Administrator in writing. 3. Vendor agrees that it shall offer its goods and services to National Cooperative members at the same unit pricing and same general terms and conditions, subject to applicable state laws in the state of purchase, as required by the Underlying Award. However, nothing in this Agreement prevents Vendor from offering National Cooperative members better (i.e. lower) competitive pricing and more favorable terms and conditions than those in the Underlying Award. 4. Vendor hereby agrees and confirms that it will serve those states it has designated on the State Service Designation Form of this Proposal Invitation. Any changes to the states designated on the State Service Designation Form must be approved in writing by the BuyBoard Administrator, 5. Vendor agrees to pay National Cooperative the service fee provided for in the Underlying Award based on the amount of purchases generated from National Cooperative members through the Piggy -Back Award. Vendor shall remit payment to National Cooperative on such schedule as it specifies (which shall not be more often than monthly). Further, upon request, Vendor shall provide National Cooperative with copies of all purchase orders generated from National Cooperative members for purposes of reviewing and verifying purchase activity. Vendor further agrees that National Cooperative shall have the right upon reasonable written notice, to review Vendor's records pertaining to purchases made by National Cooperative members in order to verify the accuracy of service fees. 6. Vendor agrees that the Underlying Award including its General Terms and Conditions, are adopted by reference to the fullest extent such provisions can reasonably apply to the post-proposal/contract award phase. The rights and responsibilities that would ordinarily inure to the Texas Cooperative pursuant to the Underlying Award shall inure to National Cooperative; and, conversely, the rights and responsibilities that would ordinarily inure to Vendor in the Underlying Award shall inure to Vendor in this Agreement. Vendor recognizes and agrees that Vendor and National Cooperative are the only parties to this Agreement and that nothing in this Agreement has application to other third parties, including the Texas Cooperative. In the event of conflict between this Agreement and the terms of the Underlying Award, the terms of this Agreement shall control, and then only to the extent necessary to reconcile the conflict. Proposal Forms CONST v.01.07.2020 Page 26 of 66 Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 . PH 800-695-2919 • FAX: 800-211-5454 • buyboard.con't 7. This Agreement shall be governed and construed in accordance with the laws of the State of Rhode Island and venue for any dispute shall lie in the federal district court of Alexandria, Virginia. 8. Vendor acknowledges and agrees that the award of a Piggy -Back Award is within the sole discretion of National Cooperative, and that this Agreement does not take effect unless and until National Cooperative awards Vendor a Piggy -Back Award and the BuyBoard Administrator notifies Vendor in writing of such Piggy -Back Award as provided for herein. WHEREFORE, by signing below Vendor agrees to the foregoing and warrants that it has the authority to enter into this Agreement. McMillan James Equipment Company, LLC Name of Vendor Signature iy Official July 08, 2020 Date 631-20 Proposal Invitation Number Jeff Langlitz Printed Name of Authorized Company Official Page 27 of 66 Proposal Forms CONST v.01.07.2020 Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH 800-695-2919 • FAX: 800-211-5454 • buyboard.conn FEDERAL AND STATE/PURCHASING COOPERATIVE EXPERIENCE The Cooperative strives to provide its members with the best services and products at the best prices available from vendors with the technical resources and ability to serve Cooperative members. Please respond to the following questions. 1. Provide the dollar value of sales to or through purchasing cooperatives at or based on an established catalog or market price during the previous 12-month period or the last fiscal year $ $1,500,00000 (The period of the 12 month period is 7/1/2019 / 7/1/2020 ). In the event that a dollar value is not an appropriate measure of the sales, provide and describe your own measure of the sales of the item(s). 2. By submitting a proposal, you agree that, based on your written discounting policies the discounts you offer the Cooperative are equal to or better than the best price you offer other purchasing cooperatives for the same items under equivalent circumstances. 3. Provide the information requested below for other purchasing cooperatives for which Proposer currently serves, or in the past has served, as an awarded vendor. Rows should be added to accommodate as many purchasing cooperatives as required. 1. Federal PURCHASING General GROUP Services Administration CURRENT VENDOR? (Y/N) FORMER VENDOR..(Y/N)?- IF YES, LIST YEARS AS VENDOR AWARDED COMMODITY CATEGORY(IES) 2. T-PASS (State of Texas) 3. OMNIA Partners 4. Sourcewell (NJPA) 5. E&I Cooperative 6. Houston -Galveston Area Council (HGAC) 7. Partners Choice 8. The Interlocai Purchasing System (TIPS) Y 10 HVAC, Maintenance & JOC 9. Other MY COMPANY DOES NOT CURRENTLY HAVE ANY OF THE ABOVE OR SIMILAR TYPE CONTRACTS. CURRENT BUYBOARD VENDORS If you are a current BuyBoard vendor in the same contract category as proposed in this Proposal Invitation indicate the discount for your current BuyBoard contract and the proposed discount in this Proposal. Explain any difference between your current and proposed discounts. Current Discount (%): 20 Proposed Discount (%): 20 Explanation: We propose the same 20% Discount Proposal Forms CONST v.01,07.2020 Page 28 of 66 Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 A PH 800-695-2919 • FAX: 800-211-5454 • buyboard.com By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification. McMillan James Equipment Company, LLC Company Name Jeff Langlitz Signature of t uthorte ed Co pany Official Printed Name Page 29 of 66 Proposal Forms CONST v.01.07.2020 Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com GOVERNMENTAL REFERENCES For your Proposal to be considered, you must supply a minimum of five (5) individual governmental entity references. The Cooperative may contact any and all references provided as part of the Proposal evaluation. Provide the information requested below, including the existing price/discounts you offer each customer. The Cooperative may determine whether prices/discounts are fair and reasonable by comparing prices/discounts stated in your Proposal with the paces/discounts you offer other governmental customers. Attach additional pages if necessary. Quantity/ Entity Name Contact Phone# Email Address Discount Volume 1 University of North Texas HSC, Randall Christopher, 817-735-0471, Randall.Christopher@a unthsc.edu, 20%, $1,000,000 2 Texas Woman's University, Ward Sheeder, 940-898-3172, Wsheeder@mail.twu.edu,20%, $400,000 3 Dallas County Community College District, Sharon Wilson, 972-860-7763, sharonw@dcccd.edu, 20%, $100,000 4 City of Richardson, Jeff Savage, 972-744-4477, 20%, $75,000 Annually 5 Tarrant County Community College, David Holke, 817-515-6480, $150,000 Annually Do you ever modify your written policies or standard governmental sales practices as identified in the above chart to give better discounts (lower prices) than indicated? YES ■ NO ■ If YES, please explain: By signature below, I certify that the above is true and correct and that I am authorized by my company to make this certification. McMillan James Equipment Company, LLC Company Name Signatu'of Aut •• rized C: mpany Official Jeff Langlitz Printed Name Page 30 of 66 Proposal Forms CONST v.01.07,2020 Cooperative Purchasing 12007 Research Boulevard 1 Austin, Texas 78759-2439 PH: 800-695-2919 • FAX: 800-211-5454 buyboard.com MARKETING STRATEGY For your Proposal to be considered, you must submit the Marketing Strategy you will use if the Cooperative accepts all or part of your Proposal. (Example: Explain how your company will initially inform Cooperative members of your BuyBoard contract, and how you will continue to support the BuyBoard for the duration of the contract period.) Attach additional pages if necessary. See attached page below. McMillan James Equipment Company, LLC Company Name Signature of uthora ed Cetifpany Official Jeff Langlitz Printed Name Page 31 of 66 Proposal Forms CONST v.01,07.2020 Marketing Strategy McMillan James Equipment Company has been a resource to School Districts, Municipalities, etc. in the North Texas Area since the 1980s. Many of the Cooperative Members already rely on McMillan James for equipment and service. If we are awarded the opportunity to serve the BuyBoard members, we will have a sales representative meet with each board member personally. Our sales representative will discuss needs with each individual BuyBoard member and hand out product catalogs and required contact information to meet the individual BuyBoard member's needs Additionally, McMillan James hosts educational lunch presentations once or twice a month that relate to Maintenance and energy upgrades to mechanical systems. 'These seminars are 'it our product showroom and training center in Grapevine, TX. Our training center can be seen on our website www.mJcc.com. MJ Training Calendar in the Summer of 2012. McMillan James Equipment Company opened a state -of the -art training facility and product shor+room in Grapevine, TX. This facility is designed to educate and train clients on products and solutions, as well as the latest industry and market trends. I -lands -on demonstrations and the latest echnology create an innovative experience for engineers, roniractors and end users. From personalized presentations to larger events up to 100 attendees, ine facility can accommodate groups of any size. If there is a training topic you would like us to offer, or if you would like us to hos, your event, meeting or training, please The MJ Training calendar highlights upcoming presentations and events. Register online by clicking any of the events below. Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH 800-695-2919 • FAX: 800-211-5454 • buyboard.com CONFIDENTIAL/PROPRIETARY INFORMATION A Public Disclosure Laws All Proposals, forms, documentation, or other materials submitted by Vendor to the Cooperative in response to this Proposal Invitation, including catalogs and pricelists, may be subject to the disclosure requirements of the Texas Public Information Act (Texas Government Code chapter 552.001, et seq.) or similar disclosure law. Proposer must dearly Identify on this form any information in its Proposal (including forms, documentation, or other materials submitted with the Proposal) that Proposer considers proprietary or confidential. If Proposer fails to properly identify the information, the Cooperative shall have no obligation to notify Vendor or seek protection of such information from public disclosure should a member of the public or other third party request access to the information under the Texas Public Information Act or similar disclosure law. Proposer will be notified of any third party request for information in a Proposal that Proposer has identified in this form as proprietary or confidential. Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain information which Vendor considers proprietary or confidential? please check (V) one of the following: ElNO, I certify that none of the information included with this Proposal is considered confidential or proprietary. o YES I certify that this Proposal contains information considered confidential or proprietary and all such information is specifically identified on this form. If you responded "YES", you must identify below the specific information you consider confidential or proprietary. List each page number form number, or other information sufficient to make the information readily identifiable The Cooperative and its Administrator will not be responsible for a Proposer's failure to dearly identify information considered confidential or proprietary. Further, by submitting a Proposal, Proposer acknowledges that the Cooperative and its Administrator will disclose information when required by law, even if such information has been identified herein as information the vendor considers confidential or proprietary. Confidential / Proprietary Information: LAARS Manufacturer's Rep Agreement is Confidential - Entire Document Eaton Manufacturer's Rep Agreement is Confidential - Entire Document Samsung HVAC Manufacturer's Rep Agreement is Confidential - Entire Document (Attach additional sheets if needed.) Page 32 of 66 Proposal Forms CONST v.01.07.2020 Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH 800-695-2919 • FAX: 800-211-5454 • buyboard.com B. Copyright Information Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain copyright information? please check (il) one of the following: o NO, Proposal (including forms, documentation, or other materials submitted with the Proposal) does not contain copyright information. ❑ YES, Proposal (including forms, documentation, or other materials submitted with the Proposal) does contain copyright information. If you responded "YES", identify below the specific documents or pages containing copyright information. Copyright Information: (Attach additional sheets if needed.) C. Consent to Release Confidential/Proprietary/Copyright Information to BuyBoard Members BuyBoard members (Cooperative and nonprofit members) seeking to make purchases through the BuyBoard may wish to view information included in the Proposals of awarded Vendors. If you identified information on this form as confidential, proprietary, or subject to copyright, and you are awarded a BuyBoard contract your acceptance of the BuyBoard contract award constitutes your consent to the disclosure of such information to BuyBoard members, including posting of such information on the secure BuyBoard website for members Note: Neither the Cooperative nor its Administrator will be responsible for the use or distribution of information by BuyBoard members or any other party. D. Consent to Release Proposal Tabulation Notwithstanding anything in this Confidential/Proprietary Information form to the contrary, by submitting a Proposal, Vendor consents and agrees that, upon Contract award, the Cooperative may publically release including posting on the public BuyBoard website, a copy of the proposal tabulation for the Contract including Vendor name; proposed catalog/pricelist name(s); proposed percentage discount(s) hourly labor rate(s), or other specified pricing; and Vendor award or non -award information. By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by my company to make this certification and all consents and agreements contained herein. McMillan James Equipment Company, LLC Company Na e Signa, re of ' utho ' ed Company Official Jeff Langlitz Printed Name July 08, 2020 Date Page 33 of 66 Proposal Forms CONST v.01.07.2020 Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211 5454 • buyboard.com VENDOR BUSINESS NAME By submitting a Proposal, Proposer is seeking to enter into a legal contract with the Cooperative. As such, a Proposer must be an individual or legal business entity capable of entering into a binding contract Proposers, must completely and accurately provide the information requested below or your Proposal may be deemed non -responsive. Name of Proposing Company: McMillan James Equipment Company, LLC (List the legal name of the company seeking to contract with the Cooperative. Do NOT list an assumed name, dba, aka, etc. here. Such information may be provided below. If you are submitting a joint proposal with another entity to provide the same proposed goods or services, each submitting entity should complete a separate vendor information form. Separately operating legal business entities, even if affiliated entities, which propose to provide goods or services separately must submit their own Proposals.) please check (V) one of the following: Type of Business: Individual/Sole Proprietor Corporation Limited Liability Company Partnership Other x If other, identify State of Incorporation (If applicable): Federal Employer Identification Number: (Vendor must include a completed TRS W-9 form with the/r proposal) 43-1989838 List the Name(s) by which Vendor, if awarded, wishes to be identified on the BuyBoard: (Note: If different than the Name of Proposing Company listed above, only valid trade names (dba, aka, etc.) of the Proposing Company may be used and a copy of your Assumed Name Certificate(s), if applicable, must be attached.) Proposal Forms CONST v.01.07.2020 Page 34 of 66 W-9 Request for Taxpayer Form (Rev. Department Internal October2018) Revenue of the Treasury Service Identification ► Go to www.irs.gov/FormW9 Number for instructions and and Certification the latest information. Give requester. send Form to the to Do IRS. the not page 3. 1 McMillan Name (as shown on your income tax return). Name Is required on this line; do not leave this line blank. James Equipment Company, LLC 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. 4 Exemptions certain entities, instructions (codes apply only to not individuals; see on page 3): o ❑ Individual/sole proprietor or ❑ C Corporation MI S Corporation ❑ Partnership ❑ Trust/estate a aExempt o single -member LLC payee code (if any) . ` IR r4 Limited liability company. Enter the tax classification (C=C corporation, S=5 P=Partnership) ► io Print or ific Instruc corporation, Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC Is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that Exemption from FATCA reporting code (if any) is disregarded from the owner should check the appropriate box for the tax classification of its owner. 1) ❑ Other (see instructions) ► (Applies to 0. accounts maintained outside the U.S.) n 1010 5 Address(number, Mustang Drive street, and apt. or suite no.)See p instructions. Requester's name and address (optional) 6 City, state and ZIP code Grapevine, TX 76051 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) - enter your TIN in the appropriate box. i ne I IN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part 1, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Part II Social security number or Employer identification number 4 3 1 9 8 9 8 3 8 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be Issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA codes) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured pro. - ee o • :.t, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, • . • re not • . uired to sign e ce ification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person S. 10* General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published go to www.irs.gov/FormW9 Purpose of Form An Individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include but are not limited to, the following. • Form 1099-INT (interest earned or paid) Date"- 1/2/2020 • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.corr! EDGAR VENDOR CERTIFICATION (2 CFR Part 200 and Appendix II) When a Cooperative member seeks to procure goods and services using funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR 200 (sometimes referred to as the ' Uniform Guidance" or new "EDGAR"). All Vendors submitting proposals must complete this EDGAR Certification Form regarding Vendor s willingness and ability to comply with certain requirements which maybe applicable to specific Cooperative member purchases using federal grant funds. This completed form will be made available to Cooperative members for their use while considering their purchasing options when using federal grant funds. Cooperative members may also require Vendors to enter into ancillary agreements in addition to the BuyBoard contract's general terms and conditions to address the member s specific contractual needs, including contract requirements for a procurement using federal grants or contracts. For each of' the Items below, Vendor should certify Vendor's agreement and ability to comply, where applicable, by having Vendor's authorized representative complete and Initial the applicable boxes and sign the acknowledgment at the end of this form. If you fall to complete any Item In this form, the Cooperative will consider and may list the Vendor's response on the BuyBoard as "NO," the Vendor Is unable or unwilling to comply. A "NO" response to any of the items may, if applicable impact the ability of a Cooperative member to purchase from the Vendor using federal funds. 1. Vendor Violation or Breach of Contract Terms: Contracts for more than the Simplified Acquisition Threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 USC 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Provisions regarding Vendor default are included in the BuyBoard General Terms and Conditions, including Section E.18, Remedies for Default and Termination of Contract. Any Contract award will be subject to such BuyBoard General Terms and Conditions as well as any additional terms and conditions in any Purchase Order, Cooperative member ancillary contract, or Member Construction Contract agreed upon by Vendor and the Cooperative member which must be consistent with and protect the Cooperative member at least to the same extent as the BuyBoard Terms and Conditions. The remedies under the Contract are in addition to any other remedies that may be available under law or in equity. By submitting a Proposal, you agree to these Vendor violation and breach of contract terms. 2. Termination for Cause or Convenience: For any Cooperative member purchase or contract in excess of $10,000 made using federal funds, you agree that the following term and condition shall apply: The Cooperative member may terminate or cancel any purchase order under this Contract at any time, with or without cause, by providing seven (7) business days advance written notice to the Vendor. If this Agreement is terminated in accordance with this Paragraph, the Cooperative member shall only be required to pay Vendor for goods or services delivered to the Cooperative member prior to the termination and not otherwise returned in accordance with Vendors return policy. If the Cooperative member has paid Vendor for goods or services not yet provided as of the date of termination, Vendor shall immediately refund such payment(s). If an alternate provision for termination of a Cooperative member purchase for cause and convenience, including the manner by which it will be effected and the basis for settlement, is included in the Cooperative member's purchase order, ancillary agreement, or Member Construction Contract agreed to by the Vendor, the Cooperative member's provision shall control. Proposal Forms CONST v.01.07.2020 Page 35 of 66 Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH 800-695-2919 • FAX: 800-211-5454 • buvboard.corri 3. Equal Employment Opportunity: Except as otherwise provided under 41 CFR Part 60, all Cooperative member purchases or contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1 3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, `Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375 "Amending Executive Order 11246 Relating to Equal Employment Opportunity,' and implementing regulations at 41 CFR Part 60, `Office of Federal Contract Compliance Programs, Equal Employment Opportunity Department of Labor." The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Vendor agrees that such provision applies to any Cooperative member purchase or contract that meets the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 and Vendor agrees that it shall comply with such provision. 4. Davis -Bacon Act: When required by Federal program legislation, Vendor agrees that, for all Cooperative member prime construction contracts/purchases in excess of $2,000, Vendor shall comply with the Davis -Bacon Act (40 USC 3141-3144, and 3146 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction'). In accordance with the statute Vendor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determinate made by the Secretary of Labor. In addition, Vendor shall pay wages not Tess than once a week. Current prevailing wage determinations issued by the Department of Labor are available at wdol.gov. Vendor agrees that, for any purchase to which this requirement applies the award of the purchase to the Vendor is conditioned upon Vendor's acceptance of the wage determination. Vendor further agrees that it shall also comply with the Copeland "Anti -Kickback" Act (40 USC 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, ' Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work to give up any part of the compensation to which he or she is otherwise entitled. 5. Contract Work Hours and Safety Standards Act: Where applicable, for all Cooperative member contracts or purchases in excess of $100,000 that involve the employment of mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 USC 3702 of the Act, Vendor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 USC 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6. Right to Inventions Made Under a Contract or Agreement: If the Cooperative member's Federal award meets the definition of "funding agreement" under 37 CFR 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance or experimental developmental or research work under that "funding agreement, the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements " and any implementing regulations issued by the awarding agency. Vendor agrees to comply with the above requirements when applicable. Proposal Forms CONST v.01.07.2020 Page 36 of 66 Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH 800-695-2919 • FAX: 800-211-5454 • buyboard.com 7 Clean Air Act and Federal Water Pollution Control Act: Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act (33 USC 1251-1387), as amended — Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act as amended (33 USC 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). When required, Vendor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act. 8. Debarment and Suspension: Debarment and Suspension (Executive Orders 12549 and 12689) — A contract award (see 2 CFR 180.220) must not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p 189) and 12689 (3 CFR Part 1989 Comp. p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549 Vendor certifies that Vendor is not currently listed on the government -wide exclusions in SAM, is not debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor further agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from Vendor if Vendor is later listed on the government -wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9. Byrd Anti -Lobbying Amendment: Byrd Anti -Lobbying Amendment (31 USC 1352) -- Vendors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. As applicable, Vendor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 USC 1352). 10. Procurement of Recovered Materials: For Cooperative member purchases utilizing Federal funds, Vendor agrees to comply with Section 6002 of the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act where applicable and provide such information and certifications as a Cooperative member may require to confirm estimates and otherwise comply. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery, and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11. Profit as a Separate Element of Price: For purchases using federal funds in excess of the Simplified Acquisition Threshold, a Cooperative member may be required to negotiate profit as a separate element of the price. See 2 CFR 200.323(b). When required by a Cooperative member Vendor agrees to provide information and negotiate with the Cooperative member regarding profit as a separate element of the price for a particular purchase. However, Vendor agrees that the total pnce, including profit, charged by Vendor to the Cooperative member shall not exceed the awarded pricing, including any applicable discount, under Vendor's Cooperative Contract. Page 37 of 66 Proposal Forms CONST v.01.07.2020 Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 ' PH 800-695-2919 • FAX: 800-211-5454 • buyboard,corn 12. General Compliance and Cooperation with Cooperative Members: In addition to the foregoing specific requirements, Vendor agrees, in accepting any Purchase Order from a Cooperative member, it shall make a good faith effort to work with Cooperative members to provide such information and to satisfy such requirements as may apply to a particular Cooperative member purchase or purchases including, but not limited to, applicable recordkeeping and record retention requirements. Vendor CertificationItem No. 1. Vendor Violation or Breach of Contract Terms :Vendor Certification: YES,Iagreeor NO I do NOTagree Yes JRL 2. Termination for Cause or Convenience Yes JRL 3. Equal Employment Opportunity Yes JRL 4. Davis -Bacon Act Yes JRL 5. Contract Work Hours and Safety Standards Act Yes JRL 6. Right to Inventions Made Under a Contract or Agreement Yes JRL 7. Clean Air Act and Federal Water Pollution Control Act Yes JRL 8. Debarment and Suspension Yes JRL 9. Byrd Anti -Lobbying Amendment Yes JRL 10. Procurement of Recovered Materials Yes JRL 11. Profit as a Separate Element of Price Yes JRL 12. General Compliance and Cooperation with Cooperative Members Yes JRL By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by my company to make this certification and all consents and agreements contained herein. McMillan James Equipment Company, LLC Company Na e Signatur: •f Authoized o .any Official Jeff Langlitz Printed Name Page 38 of 66 Proposal Forms CONST v.01.07.2020 Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 ' PH 800-695-2919 • FAX: 800-211-5454 • buyboard.com PROPOSAL INVITATION QUESTIONNAIRE The Cooperative will use your responses to the questions below in evaluating your Proposal and technical and financial resources to provide the goods and perform the services ("Work') under the BuyBoard contract contemplated by this Proposal Invitation ("Contract'). Proposers must fully answer each question, numbering your responses to correspond to the questions/numbers below Proposers must complete below or attach your responses to this questionnaire sign where indicated below, and submit the signed questionnaire and your responses to all questions in one document with your Proposal. You must submit the signed questionnaire and responses with your Proposal or the Proposal will not be considered. 1. List the number of years Proposer has been in business and former business names (if applicable). Note whether your company is currently for sale or involved in any transaction that would significantly alter its business or result in acquisition by another entity McMillan & Associates was formed in 1987. In 1999 the company was changed to McMillan Choate & Assocaites after Lonnie Choate and Mark McMillan teamed up. In 2007, the name changed to McMillan James Equipment Company when Lonnie Choate sold his interest back to the company. In 2018 we formed a Limited Liability Corporation and changed the name to its current name. 2. Describe Proposer% direct experience (not as a subcontractor) performing the work proposed under this contract. Include a brief description of the projects you have completed for Texas governmental entities in the last 5 years, and include for each the project name, scope, value, and date, and the name of the procuring government entity and entity contact person. Identify the contracts that best represent Proposer's capabilities relative to this contract. University of North Texas HSC AHU Replacement, $449,506, Randall Christopher 817-735-0471 Completed 7/1/2020 City of Richardson - Eisemann Center Cooling Tower Replacement - $201,061, Jeff Savage 972-744-4477, PO# 160590 Completed 1/16/2016 Dallas County HHS Cooling Tower Replacement - $239,623 Charles Price 214-653-6500 PO# 314022 Completed 1/15/2018 Dallas County Community College District - El Centro Cooling Tower Replacement - $438,652 Sharon Wilson 972.680.7763 PO#B0027184 Completed November 2015 3. Describe the resources Proposer has to manage staff and successfully perform the Work contemplated under this Contract State the number and summarize the experience of company personnel who may be utilized for the Work, including those who will be available to Cooperative members for assistance with project development, technical issues, and product selection for Work associated with this Contract. We currently employee a staff of 65 employees, 21 outside sales, 7 inside sales 12 service technicians, 2 service managers and a parts specialist. We have 2 offices in Dallas/Ft. Worth one in Houston and one in San Antonio. Proposal Forms CONST v.01.07.2020 Page 39 of 66 Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH 800-695-2919 • FAX: 800-211-5454 • buyboard.com 4. The Contract does not include architectural or engineering services, which must be procured separately, outside of the Cooperative, in accordance with Chapter 2254 of the Texas Government Code (Professional Services Procurement Act). If you are performing work under the contract on a project that requires the services of an architect or professional engineer, how will you work with a Cooperative member and its designated architect or engineer with respect to services that must be procured outside the contract? McMillan James' employees deal with Engineers and Architects on a daily basis. many of our salespersons are former consulting engineers themselves. We are sensitive to the needs and rights of Professional Engineers and Architects to independently contract their work. We would consider these professionals to be an extension of the member and treat them accordingly. 5. Describe the tasks and functions that can be completed by Proposer in-house without the use of a subcontractor or other third party In addition to equipment sales and service, we have the following capabilities in house: Licensed Mechanical Contractor; Master plumber; Licensed Mechanical Engineers In house CAD capabilities. 6. Describe Proposer's financial capability to perform the Contract. State or describe the firm's financial strength and rating, bonding capacity and insurance coverage limits. State whether the firm, or any of the firm's past or present owners, principal shareholders or stockholders, or officers, have been a debtor party to a bankruptcy, receivership, or insolvency proceeding in the last 7 years and identify any such debtor party by name and relationship to or position with your firm. Bonding Capacity: $1,000,000 single project, 3,500,000 Aggregate. Insurance Coverage Limits: $10,000,000 Umbrella, $1,000,000 Each Occurrence, $2,000,000 Aggregate None of our firm's past or present owners, principals, shareholders, stockholders or officers have been a debtor party to a bankruptcy, receivership, or insolvency proceeding in the last 7 years 7. Does your company have any outstanding financial judgments and/or is it currently in default on any loan or financing agreement? If so, provide detailed information on the nature of such items and prospects for resolution. None Page 40 of 66 Proposal Forms CONST v.01,07.2020 Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH 800-695-2919 • FAX: 800-211-5454 • buyboard.com 8. List all contracts, if any in the last 10 years on which Proposer has defaulted, failed to complete or deliver the work, or that have been terminated for any reason. Include any contract for which the surety was notified of a potential claim in regards to a payment or performance bond. For each such contract, provide the project name, scope value and date and the name of the procuring entity. Fully explain the circumstances of the default, notice to surety, failure to complete or deliver the work, or termination None 9. List all litigation or other legal proceedings (including arbitration proceedings and/or claims filed with a surety in regards to a payment or performance bond), if any, in the last 10 years brought against your flrm or any of the firm's past or present owners, principal shareholders or stockholders, officers, agents or employees that relates to or arises from a contract similar to this Contract or the work contemplated under this Contract. Provide the style of the lawsuit or proceeding (name of parties and court or tribunal in which filed), if applicable, nature of the claim, and resolution or current status. None 10. Describe in detail the quality control system Proposer will use, including third party auditing certification, to support the long term performance and structural strength of the products to be used in a project under the Contract We only use products that carry the relevant industry certification. Al of our cooling towers will be CTI Certified. Control Panels will be UL listed. All refrigerant based equipment will be ARI certified. Any project requiring Test and balance under our contract, we will have a 3rd party AABC balancer execute the testing. Final Walk-through and customer review. We will make sure customer is satisfied and and know where improvements can be made. 11. If the work will require Proposer to tender performance or payment bonds, provide the name of the bonding company or surety that will issue such bonds. Merchants bonding Company 2100 Fleur Drive Des Moines, IA 50321-1158 515-24-8171 or 800-678-8171 Page 41 of 66 Proposal Forms CONST v.01,07.2020 Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com 12. Describe in detail all documented safety issues, if any, that have involved Proposer in the last three (3) years related to the type of work contemplated under this contract. Provide a 3-year history of your firm s workers compensation experience modifier. 2017 - 0.78 Final 2018 - 0.78 Final 2019 - 0.79 Final 2020 - 0.78 By signature below, I certify that the information contained in and/or attached to this Proposal Invitation Questionnaire in response to the above questions is true and correct and that I am authorized by my company to make this certification. McMillan James Equipment Company, LLC Company Name Signature lof Authorized p y official Page 42 of 66 Proposal Forms CONST v.01.07.2020 a x a a a a a x a a a a a n a a a a Cooperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH 800-695-2919 • FAX: 800-211-5454 • buyboard.com REQUIRED FORMS CHECKLIST (Please check (V) the following) Completed: Proposer's Agreement and Signature Completed: Vendor Contact Information Completed: Felony Conviction Disclosure and Debarment Certification Completed: Resident/Nonresident Certification Completed: No Israel Boycott Certification Completed: No Excluded Nation or Foreign Terrorist Organization Certification Completed: Historically Underutilized Business (HUB) Certification) Completed: Construction Related Goods and Services Affirmation Completed: Deviation/Compliance Completed: Location/Authorized Seller Listings Completed: Manufacturer Dealer Designation Completed: Texas Regional Service Designation Completed: State Service Designation Completed: National Purchasing Cooperative Vendor Award Agreement Completed: Federal and State/Purchasing Cooperative Experience Completed: Governmental References Completed: Marketing Strategy Completed: Confidential/Proprietary Information Completed: Vendor Business Name with IRS Form W-9 Completed: EDGAR Vendor Certification Completed: Proposal Invitation Questionnaire Completed: Proposal Specifications (Discount (%) off Catalog/Price//st and/or other required pricing information including Catalogs/Pricelists (or no bid response) must be submitted with proposal response or response will not be considered.), Manufacturer Authorization Letters and License Completed: Required Forms Checklist Page 14of66 Proposal Forms CONST v.01.07.2020 Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 ' PH 800-695-2919 • FAX: 800-211-5454 • buyboard.com PROPOSAL SPECIFICATION SUMMARY The categories and items specified for this Proposal Invitation are summarized below. For full Proposal Specifications, you must review and complete the Proposal Specification information in the electronic proposal submission system in accordance with the Instructions to Proposers (or, if submitting a hard copy Proposal, timely request and complete the Proposal Specification Form in accordance with the Instructions to Proposers). Ti e BuyBoard discount is 20% off all list prices on Section I: Equipment, Products, and Supplies attached price sheets 1. Discount (%) off catalog/pricelist for HVAC Equipment (all types - rooftop units, split systems, chillers, compressors, cooling towers, heat pumps, furnaces, unit heaters, duct furnaces, and related items). 2 Discount (%) off catalog/pricelist for HVAC Controls, Software and Monitoring Systems (all types) 3 Discount (%) off catalog/pricelist for HVAC Air Handling Products (all types - coils, fans, and related items). 4 Discount (%) off catalog/pricelist for HVAC Supplies (all types). 5 Discount (%) off catalog/pricehst for HVAC Filters (all types). 6 Discount (%) off catalog/pricelist for HVAC Indoor Air Quality Products (all types). 7 . Discount (%) off catalog/pricelist for HVAC Repair Parts (all types). 8 Discount (%) off catalog/pricelist for HVAC Refrigerants (all types). 9 Discount (%) off catalog/pricelist for HVAC Refrigerant Recovery Equipment (all types). 10. Discount (%) off catalog/pricelist for UVC Emitters/Lamps (used to incorporate downstream of all cooling coils and above all drain pans to control airborne and surface microbial growth and transfer. Fixtures and lamps must be manufactured for this purpose and safety interlocks/features shall be provided to limit hazard to operating staff). 11. Discount (%) off catalog/pricelist for Insulation Products for HVAC Equipment. 12. Discount (%) off catalog/pricelist for HVAC Maintenance Agreements. Section II: Installation and Repair Service See attached letter containing detailing pricing for schedule II 13. Hourly Labor Rate for Installation of HVAC Filter Change Out Service (including labor, filters and removal/ disposal of product), not to exceed hourly labor rate for Installation of HVAC Filter Products. 14. Standard Hourly Labor Rate for Installation/Repair Service of HVAC Equipment and Products, not to exceed standard hourly labor rate for Installation/Repair Service of HVAC Equipment and Products. 15. Non -Standard Hourly Labor Rate for Installation/Repair Service of HVAC Equipment and Products, not to exceed non-standard hourly labor rate for Installation of HVAC Equipment and Products. 16. Coefficient for Standard Hours of Installation/Repair Service of HVAC Equipment and Products - RSMeans Cost Data from the Total INCL O&P column (most current edition). 17. Coefficient for Non -Standard Hours for Installation/Repair Service of HVAC Equipment and Products - RSMeans Cost Data from the Total INCL O&P column (most current edition). Page 43 of 66 Proposal Forms CONST v.01.07.2020 ACG'RD® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) E0 M/DD/Y 18/21 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 TEXAS AGENCY ALLIANCE P.O BOX 1400 ABILENE, TX 79604 CONTNAME: ACT TOMMY CHURCHWELL (NC, No, Ext): (432)267-3857 (A/C, No): (432)267-2680 ADDRESS: tchurchwell@suddenlinkmail.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: CONTINENTAL CASUALTY COMPANY 20443 INSURED MCMILLAN JAMES EQUIPMENT COMPANY, LLC PO BOX 2416 1044 Texan Trail GRAPEVINE, TX 76051 TX 76051 INSURER B : TEXAS MUTUAL INSURANCE COMPANY 524210 INSURER C : CONTINENTAL INSURANCE COMPANY 35289 INSURER D : INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 CONTRACT OR 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. LPOLICY IN TRSUBR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY /YYYYV (MM/DDY) EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 4032877971 08/13/21 08/13/22 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTE PREMISES (Ea occur ence) $ 1,000,000 MED EXP (Any one person) $ 5,000 PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE X LIMIT APPLIES PRO - PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ C AUTOMOBILE X XHIRED LIABILITY ANY AUTO OWNED AUTOS ONLY AUTOS ONLY \/ /\ AUTOSULED NON -OWNED AUTOS ONLY Y Y 4032877985 08/13/21 08/13/22 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE Y Y 4032877999 08/13/21 08/13/22 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 DED X RETENTION $ 10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below YN Y N / A Y 0002065356 08/13/21 08/13/22 X PERTUTE OTH ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) General Liability and Automobile Liability include blanket additional insured and waiver of subrogation for certificate holder when required by written contract,subject to carrier forms. All policies are primary and non-contributing. Workers Comp Policy has a blanket waiver of subrogation. All policies include 30 day notice of cancellation. Umbrella follows other policy forms. 810 Mustang Drive, Suite 100, Grapevine, TX 76051 CERTIFICATE HOLDER CANCELLATION City of Pearland 3519 Liberty Drive Pearland, TX 77581 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPATIVE ACORD 25 (2016/03) © 1988-2015 AC'O CORPORA ION. All rights reserved. The ACORD name and logo are registered marks of ACORD CITY OF PEARLAND STANDARD FORM OF AGREEMENT APPENDIX B House Bill 89 Verification l , I4i t / 4d(f 7 /lf (Person n me), the undersigned representative (hereafter referred to as "Represents 've") of 1% /2///oar (( 7 c Cy» / 1 s�nfi C (company or business name, hereafterreferred to as Busiryess Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Pearland; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes. S NATURE OF RE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 1 day of `.__,.}- L 71= , 20 L,/ "'#*a" • •° ° Francisco A. Ortiz ��. • #I Notary Public, State of Texas 9• .- Comm. Expires 10.29.2024 Notary ID 13277123.1 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2021-820436 Date Filed: 11/04/2021 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. McMillan James Equipment Company Houston Houston, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Pearland 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. C1022-01 PM contract for Dectron pool dehumidifiers 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary McMillan James Equipment Company Houston LLC Houston, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is ®0! ��d�✓� , and my date of birth is . My address is / .`-.. /%//4C// 1 44 / %� i7 � a (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in /-/- County, State of /e).,,,aJ , on the day of M✓'fdt-4-20 /. (month) (year) ignature of authorized agent of c, tracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc