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HomeMy WebLinkAbout2026-067 A1 AGREEMENT No. 2026A-067 SANITARY SEWER LINING AND RELATED SERVICES THIS AGREEMENT is made and entered into this 25th day of March 2025, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida (hereinafter referred to as "CITY"), and VORTEX COMPANIES, LLC, whose address is: 3180 S. Falkenburg Rd., Riverview, FL, 33578, (hereinafter referred to as "CONTRACTOR"). WHEREAS, The Interlocal Purchasing System (TIPS), through the public procurement process, awarded an Agreement for Sanitary Sewer Lining and Related Services Contract No. 231102; WHEREAS, CITY desires to utilize the above-referenced awarded bid, CONTRACTOR’s response thereto, and Agreement in accordance with CITY’s procurement policy; and WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the terms and conditions of the The Interlocal Purchasing System (TIPS) Contract Number 231102; WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 1. SCOPE OF WORK The CONTRACTOR shall furnish sanitary sewer lining and related services as described in the The Interlocal Purchasing System (TIPS) Contract Number 231102, which is attached hereto and incorporated herein as Exhibit "A" and shall perform everything required by this Agreement and the other exhibits attached hereto. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from CONTRACTOR that is not specified in CITY’s purchase order. To the extent of a conflict between this Agreement and Exhibit "A", the terms and conditions of this Agreement shall prevail and govern. In all instances, the CITY purchasing policy, resolutions, and ordinances shall apply. 2. THE CONTRACT SUM CITY shall pay CONTRACTOR for the faithful performance of the Agreement as set forth in the Agreement documents and the Price Schedule as set forth in Exhibit "B", attached hereto and incorporated herein. 3. TERM AND TERMINATION A. This Agreement is to become effective upon execution by both parties, and shall remain in effect until Sunday, January 31, 2027 unless terminated or renewed by The Interlocal Purchasing System (TIPS). B. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement: a) without cause and for CITY’s Contract Packet - 1 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E 2 convenience upon thirty (30) days written notice to CONTRACTOR b) if CONTRACTOR is adjudged to be bankrupt; c) if CONTRACTOR makes a general assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon the performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work properly performed and accepted prior to the effective date of termination. C. Upon mutual Agreement of the parties, this Agreement may be renewed for one (1) additional one (1) year term. 4. PROVISION OF SERVICES AND COMPLETION OF WORK A. The CONTRACTOR shall only provide to CITY the services contained under the Scope of Work upon receipt of an authorized order from CITY and shall provide the requested items in the timeframe and as set forth in The Interlocal Purchasing System (TIPS) Contract Number 231102 or in the specific purchase order or authorized order submitted by CITY. Nothing herein shall obligate CITY to purchase any specific amount of product from CONTRACTOR or create an exclusive purchase agreement between CITY and CONTRACTOR. CITY shall not be obligated or required to pay for any items received until such time as CITY has accepted the items in accordance with the order provided to CONTRACTOR. B. CONTRACTOR, upon receipt of an order hereunder, shall immediately notify CITY if there is an issue or question related to the fulfillment of the order or whether there will be any delay in providing the items requested. Failure of CONTRACTOR to so notify CITY will preclude CONTRACTOR from seeking payment of any kind for any items that were delayed in delivery. Upon receipt of notification of the delay, CITY may, at its sole option, cancel the order and seek the items from any available source. C. It is expressly understood and agreed that the passing, approval, and/or acceptance of any gasoline, diesel, kerosene, LP gas, and bio-diesel herein by CITY or by any agent or representative as in compliance with the terms of this Contract shall not operate as a waiver by the CITY of strict compliance with the terms of this Contract and the CITY may require the CONTRACTOR replace the accepted gasoline, diesel, kerosene, LP gas, and bio-diesel so as to comply with the warranties and specifications hereof. D. COMPANY specifically acknowledges that this Contract does not bind or obligate CITY to purchase any minimum quantity of product during the term hereof. Contract Packet - 2 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E 3 5. PAYMENTS In accordance with the provisions fully set forth in the Contract Documents, the CONTRACTOR shall submit an invoice to the CITY upon completion of the services and delivery of products as set forth in the applicable purchase order. The CITY shall make payment to the CONTRACTOR for all accepted deliveries and undisputed products delivered and services provided within thirty (30) calendar days of receipt of the invoice. 6. DISPUTE RESOLUTION A. In the event of any claim, dispute, or other matter in question arising out of or related to this Agreement, a party shall provide written notice of the claim, dispute, or other matter to the other party and provide no fewer than five (5) days to cure the matter, unless it is the type of matter for which emergency injunctive relief is necessary from a court. Such notice shall be a condition precedent to arbitration or the institution of legal or equitable proceedings by either party, except as otherwise stated in this section. B. The CITY and CONTRACTOR may resolve claims, disputes, and other matters in question between them by mediation. 7. INSURANCE AND INDEMNIFICATION RIDER 7.1. Worker's Compensation Insurance The CONTRACTOR shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all its employees connected with the work of this Project and, in case any work is sublet, the CONTRACTOR shall require the subCONTRACTOR similarly to provide Worker's Compensation Insurance for all of the subCONTRACTOR employees unless such employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this Agreement at the site of the Project is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the CITY, for the protection of employees not otherwise protected. 7.2. CONTRACTOR’s Commercial General Liability Insurance The CONTRACTOR shall take out and maintain during the life of this Agreement, Commercial General Liability and Business Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or indirectly employed by it, and the amount of such insurance shall be as follows: A. CONTRACTOR’s Commercial General Liability, $1,000,000 Each ($2,000,000 aggregate). Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit Contract Packet - 3 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E 4 B. Automobile Liability Coverages, $1,000,000 Each, Bodily Injury & Property Damage Occurrence, Combined Single Limit C. Excess Liability, Umbrella Form $2,000,000 Each Occurrence, Combined Single Limit The insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 7.3. Indemnification Rider A. To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its employees from and against all claims, damages, losses, and expenses, including but not limited to reasonable attorney's fees, arising out of or resulting from its performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), and (2) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not such acts are caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article; however, this indemnification does not include the sole acts of negligence, damage or losses caused by the CITY and its other contractors. B. In any and all claims against the CITY or any of its agents or employees by any employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. C. The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and valuable consideration from the CITY for the indemnification provided herein. 8. NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. Contract Packet - 4 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E 5 CONTRACTOR: Vortex Companies, LLC 3180 S. Falkenburg Rd., Riverview, FL, 33578 Attn: Shawn Ready, Regional Vice President OWNER: City of Clermont 685 W. Montrose Street, Clermont, FL 34711 Attn: Rick Van Wagner, City Manager Either party may change the name of the person receiving notices and the address at which notices are received by so advising the other party in writing. 9. MISCELLANEOUS 9.1. Attorneys’ Fees In the event a suit or action is instituted to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys’ fees at trial or on any appeal, in addition to all other sums provided by law. 9.2. Waiver The waiver by CITY of breach of any provision of this Agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this Agreement. 9.3. Severability If any provision of this Agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the Agreement valid and enforceable under applicable law, the remainder of this Agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this Agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 9.4. Amendment Except for as otherwise provided herein, this Agreement may not be modified or amended except by an Agreement in writing signed by both parties. Contract Packet - 5 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E 6 9.5. Entire Agreement This Agreement, including the documents incorporated by reference, contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous Agreements between the parties with respect to the performance of services by CONTRACTOR. 9.6. Assignment Except in the event of a merger, consolidation, or other change of control pursuant to the sale of all or substantially all of either party’s assets, this Agreement is personal to the parties hereto and may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of CITY. 9.7. Venue The parties agree that the sole and exclusive venue for any cause of action arising out of this Agreement shall be Lake County, Florida. 9.8. Applicable Law This Agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed, and enforced in accordance with the laws of the State of Florida. 9.9. Public Records The CONTRACTOR expressly understands records associated with this project are public records and agrees to comply with Florida’s Public Records law, including the following: A. Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the services contemplated herein. B. Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in Florida’s Public Records law or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of CONTRACTOR upon the termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. The CONTRACTOR shall make reasonable efforts to provide all records stored electronically to the CITY in a format compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, THE Contract Packet - 6 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E 7 CONTRACTOR SHALL CONTACT THE CITY’S CUSTODIAN OF PUBLIC RECORDS AT THE CITY CLERK’S OFFICE, (352) 241-7331. 9.10. Coercion for Labor or Services Certification Pursuant to Section 787.06(14), Florida Statutes, the CONTRACTOR certifies, under penalty of perjury, that it does not use “coercion for labor or services,” as defined in Section 787.06, Florida Statutes, in connection with the performance of this Agreement, including but not limited to: using or threatening force; restraining, isolating, or confining; debt bondage; withholding or controlling identification or immigration documents; causing or threatening financial harm; enticing by fraud or deceit; or providing Schedule I or II controlled substances for the purpose of exploitation. The CONTRACTOR shall include a substantially similar requirement in all subcontracts and purchase orders at any tier. Any violation of this provision constitutes a material breach, and the CITY may pursue any remedies available under this Agreement, at law, or in equity, including termination for cause. By executing this Agreement electronically, CONTRACTOR affirms this certification under penalty of perjury as of the Effective Date of this Agreement. 10. AGREEMENT DOCUMENTS The Agreement Documents, as listed below, are herein made fully a part of this Agreement as if herein repeated. Document Precedence: A. This Agreement B. Purchase Order C. An applicable Contractor Quote or Statement of Work D. All documents contained in the The Interlocal Purchasing System (TIPS) Contract Number 231102. Contract Packet - 7 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF CLERMONT VORTEX COMPANIES, LLC **signature_94142** SIGNATURE **name_94142** FULL NAME **role_94142** TITLE **date_signed_94142** DATE SIGNED **signature_94149** SIGNATURE **name_94149** FULL NAME **role_94149** TITLE **date_signed_94149** DATE SIGNED ATTEST **signature_94148** SIGNATURE **name_94148** FULL NAME **role_94148** TITLE **date_signed_94148** DATE SIGNED Contract Packet - 8 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E Regional Vice President 3/26/2026 Shawn ReadyTim Murry Mayor 3/27/2026 City Clerk Tracy Ackroyd Howe 3/27/2026 Exhibits List A - TIPS Agreement 231102-02 B - TIPS Pricing 231102-02 Contract Packet - 9 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E Exhibit A TIPS Agreement 231102-02 Contract Packet - 10 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E TIPS Vendor Agreement JOC (Part 2)Page 1 TIPS VENDOR AGREEMENT (Part 2) TIPS RCSP 231103LSH%XUVWLQJ(Part 2) The following Vendor Agreement (“Agreement”) creates a legal agreement between The Interlocal Purchasing System (“TIPS”), a government purchasing cooperative and Department of Texas Region 8 Education Service Center and (INSERT ENTITY NAME): __________________________________________________________________________________________________ (ENTER ENTITY NAME] its owners, agents, subsidiaries, and affiliates (together, “Vendor”) (individually, “Party”, and collectively the “Parties”) and this agreement shall exclusively govern the contractual relationship (“Agreement”) between the Parties for Part 2 of the related solicitation opportunity. If Vendor proposes and awarded on Part 1, a separate Part 1 Vendor Agreement shall control Part 1 terms. TIPS, a governmental entity and a national purchasing cooperative seeks to provide a valuable and necessary solution to public entities and qualifying non-profits by performing the public procurement solicitation process and awarding compliant contracts to qualified vendors. Then, where the law of a customer’s jurisdiction allows, instead of public entities and qualifying non-profits expending time, money, and resources on the extensive public procurement process, the use of TIPS allows public entities to quickly select and purchase their preferred products or services from qualified, competitively evaluated vendors through cooperative purchasing. 1. Purpose. The purpose of this Agreement is to identify the terms and conditions of the relationship between TIPS and Vendor. Public entities and qualifying non-profits that properly join or utilize TIPS (“TIPS Members”) may elect to “piggyback” off of TIPS’ procurements and agreements where the laws of their jurisdiction allow. TIPS Members are not contractual parties to this Agreement although terms and conditions of this Agreement may ensure benefits to TIPS Members. 2. Authority. The Parties agree that the signatories below are individual authorized to enter into this Agreement on behalf of their entity and that they are acting under due and proper authority under applicable law. 3. Definitions. a.TIPS Pricing:The specific pricing, coefficients, mark-ups, discounts, and other pricing terms and incentives which Vendor submitted and TIPS approved for each respective TIPS Contract awarded to Vendor and all permissible, subsequent pricing updates submitted by Vendor and accepted by TIPS, if any. 4. Entire Agreement. This Agreement resulted from TIPS posting a Part 2 “TIPS Solicitation” (RFP, RCSP, RFQ, or other) and Vendor submitting a proposal in response to that posted TIPS Solicitation for evaluation and award. The Parties agree that this Agreement consists of the provisions set forth herein and: (1) The Part 2 TIPS solicitation document resulting in this Agreement; (2) Any Part 2 addenda or clarifications issued in relation to the TIPS solicitation; (3) All Part 2 solicitation information provided to Vendor by TIPS through the TIPS eBid System; (3) Vendor’s entire Part 2 proposal response to the TIPS solicitation including all accepted required attachments, acknowledged notices and certifications, accepted negotiated terms, pricing, accepted responses to questions, andaccepted written clarifications of Vendor’s proposal, and; any properly included attachments to this Agreement. All documentation and information listed is hereby incorporated by reference as if set forth herein verbatim. In the event of conflict between the terms herein and one of the incorporated documents the terms and conditions herein shall control. 5. Vendor’s Specific Warranties, Terms, and License Agreements. Because TIPS serves public entities and non-profits throughout the nation all of which are subject to specific laws and policies of their jurisdiction, as a matter of standard practice, TIPS does not typically accept a Vendor’s specific “Sale Terms” (warranties, license agreements, master agreements, terms and conditions, etc.) on behalf of all TIPS Members. TIPS may permit Vendor to attach those to this Agreement to display to interested customers what terms may apply to their Supplemental Agreement with Vendor (if submitted by Vendor for that purpose). However, unless this term of the Agreement is negotiated and modified to state otherwise, those specific Sale Terms are not accepted by TIPS on behalf of all TIPS Members and each Member may choose whether to accept, negotiate, or reject those specific Sale Terms, which must be reflected in a separate agreement between Vendor and the Member in order to be effective. 6. Vendor Identity and Contact Information. It is Vendor’s sole responsibility to ensure that all identifying vendor information (name, EIN, d/b/a’s, etc.) and contact information is updated and current at all times within the TIPS eBid System and the TIPS Vendor Portal. It is Vendor’s sole responsibility to confirm that all e-correspondence issued from tips-usa.com, ionwave.net, and tipsconstruction.com to Vendor’s contacts are received and are not blocked by firewall or other technology security. Failure to permit receipt of Vortex Companies, LLC Contract Packet - 11 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E TIPS Vendor Agreement JOC (Part 2)Page 2 correspondence from these domains and failure to keep vendor identity and contact information current at all times during the life of the contract may cause loss of TIPS Sales, accumulating TIPS fees, missed rebid opportunities, lapse of TIPS Contract(s), and unnecessary collection or legal actions against Vendor. It is no defense to any of the foregoing or any breach of this Agreement that Vendor was not receiving TIPS’ electronic communications issued by TIPS to Vendor’s listed contacts. 7. Initiation of TIPS Sales. When a public entity initiates a purchase with Vendor, if the Member inquires verbally or in writing whether Vendor holds a TIPS Contract, it is the duty of the Vendor to verify whether the Member is seeking a TIPS purchase. Once verified, Vendor must include the TIPS Contract Number on all purchase communications and sales documents exchanged with the TIPS Member. 8. TIPS Sales and Supplemental Agreements. If awarded, when making a sale under this awarded contract, the terms of the specific TIPS order, including but not limited to: shipping, freight, insurance, delivery, fees, bonding, cost, delivery expectations and location, returns, refunds, terms, conditions, cancellations, defects, order assistance, etc., shall be controlled by the purchase agreement (Purchase Order, Contract, AIA Contract, Invoice, etc.) (“Supplemental Agreement” as used herein) entered into between the TIPS Member Customer and Vendor only. TIPS is not a party to any Supplemental Agreement. All Supplemental Agreements shall include Vendor’s Name, as known to TIPS, and TIPS Contract Name and Number. Vendor accepts and understands that TIPS is not a legal party to TIPS Sales and Vendor is solely responsible for identifying fraud, mistakes, unacceptable terms, or misrepresentations for the specific order prior to accepting. Vendor agrees that any order issued from a customer to Vendor, even when processed through TIPS, constitutes a legal contract between the customer and Vendor only. When Vendor accepts or fulfills an order, even when processed through TIPS, Vendor is representing that Vendor has carefully reviewed the order for legality, authenticity, and accuracy and TIPS shall not be liable or responsible for the same. In the event of a conflict between the terms of this TIPS Vendor Agreement and those contained in any Supplemental Agreement, the provisions set forth herein shall control unless otherwise agreed to and authorized by the Parties in writing within the Supplemental Agreement. The Supplemental Agreement shall dictate the scope of services, the project delivery expectations, the scheduling of projects and milestones, the support requirements, and all other terms applicable to the specific sale(s) between the Vendor and the TIPS Member. 9. Right of Refusal. Vendor has the right not to sell to a TIPS Member under the awarded agreement at Vendor’s discretion unless otherwise required by law. 10. Reporting TIPS Sales. If awarded on this TIPS Contract, for the duration of the contract, Vendor shall provide a RS Means line-item estimates to TIPS for each anticipated TIPS project or sale. When a TIPS Member Customer seeks a quote or proposal for a TIPS sale, Vendor shall always supply a line-item estimate to TIPS for review and approval. If awarded, Vendor must report all TIPS Sales to TIPS. If a TIPS sale is initiated by Vendor receiving a TIPS Member’s purchase order from TIPS directly, Vendor may consider that specific TIPS Sale reported. Otherwise, with the exception of TIPS Automated Vendors, who have signed an exclusive agreement with TIPS regarding reporting, all TIPS Sales must be reported to TIPS by either: (1) Emailing the line item quote and purchase order or similar purchase document (with Vendor’s Name, as known to TIPS, the TIPS Contract Name and Number included, and authorized signatures on behalf of both the TIPS Member and Vendor) to TIPS at tipspo@tips-usa.com with “Confirmation Only” in the subject line of the email within three business days of Vendor’s acceptance of the order, or; (2) Within 3 business days of the order being accepted by Vendor, Vendor must login to the TIPS Vendor Portal and successfully self-report all necessary sale information within the Vendor Portal and confirm that it shows up accurately on your current Vendor Portal statement. No other method of reporting is acceptable unless agreed to by the Parties in writing. Failure to report all sales pursuant to this provision may result in immediate cancellation of Vendor’s TIPS Contract(s) for cause at TIPS’ sole discretion. Please refer to the TIPS Accounting FAQ’s for more information about reporting sales and if you have further questions, contact the Accounting Team at accounting@tips-usa.com. 11. TIPS Administration Fees. The collection of administrative fees by TIPS, a government entity, for performance of these procurement services is required pursuant to Texas Government Code Section 791.011 et. seq. The administration fee (“TIPS Administration Fee”) is the amount legally owed by Vendor to TIPS for TIPS Sales made by Vendor. The TIPS Administration Fee amount is typically a set percentage of the amount paid by the TIPS Member for each TIPS Sale, less shipping cost, bond cost, and taxes if applicable and identifiable, which is legally due to TIPS, but the exact TIPS Administration Fee for this Contract is published in the corresponding solicitation and is incorporated herein by reference. TIPS Administration Fees are due to TIPS immediately upon Vendor’s receipt of payment, including partial payment, for a TIPS Sale. The TIPS Administration Fee is assessed on the amount paid by the TIPS Member, not on the Vendor’s cost or on the amount for which the Vendor sold the item to a dealer or Authorized Reseller. Upon receipt of payment for a TIPS Sale, including partial payment (which renders TIPS Administration Fees immediately due), Vendor shall issue to TIPS the corresponding TIPS Administration Fee payment as soon as possible but not later than thirty-one calendar days following Vendor’s receipt of payment. Vendor shall pay TIPS via check unless otherwise agreed to by the Parties in writing. Vendor shall include clear documentation with the issued payment dictating to which sale(s) the amount should be applied. Vendor may create a payment report within their TIPS Vendor Portal which is the preferred documentation dictating to which TIPS Sale(s) the amount should be applied. Failure to pay all TIPS Administration Fees pursuant to this provision may result in immediate cancellation of Contract Packet - 12 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E TIPS Vendor Agreement JOC (Part 2)Page 3 Vendor’s TIPS Contract(s) for cause at TIPS’ sole discretion as well as the initiation of collection and legal actions by TIPS against Vendor to the extent permitted by law. Any overpayment of participation fees to TIPS by Vendor will be refunded to the Vendor within ninety (90) days of receipt of notification if TIPS receives written notification of the overpayment not later than the expiration of six (6) months from the date of overpayment and TIPS determines that the amount was not legally due to TIPS pursuant to this agreement and applicable law. Any notification of overpayment received by TIPS after the expiration of six (6) months from the date that TIPS received the payment will render the overpayment non-refundable. Region 8 ESC and TIPS reserve the right to extend the six (6) month deadline if approved by the Region 8 ESC Board of Directors. TIPS reserves all rights under the law to collect TIPS Administration Fees due to TIPS pursuant to this Agreement. 12. Term of the Agreement.If awarded, the resulting Agreement with TIPS is for approximately two years with an option for renewal for an additional two consecutive one-year terms. The first renewal year shall be automatic unless Vendor notifies TIPS of its objection to the first one-year renewal. The second one-year renewal shall only be effective if offered by TIPS at its sole discretion. If TIPS offers the second renewal option, the Vendor will be notified via email issued to Vendor’s then-listed Primary Contact. The renewal option shall be deemed accepted by Vendor unless Vendor notifies TIPS of its objection to the renewal option in writing and confirms receipt by TIPS. Actual Effective Date: Agreement is effective upon signature by authorized representatives of both Parties. The Effective Date does not affect the “Term Calculation Start Date.” Term Calculation Start Date: To keep the contract term consistent for all vendors awarded under a single TIPS contract, Vendor shall calculate the foregoing term as starting on the last day of the month that “Award Notifications” are anticipated as published in the Solicitation, regardless of the actual Effective Date. Example of Term Calculation Start Date: If the anticipated “Award Date” published in the Solicitation is May 22, 2023, but extended negotiations delay award until June 27, 2023 (Actual Effective Date), the Term Calculation Start Date shall be May 31, 2023 in this example. Contract Expiration Date: To keep the contract term consistent for all vendors awarded under a single TIPS contract, the term expiration date shall be two-years from the Term Calculation Start Date. Example of Contract Expiration Date: If the anticipated “Award Date” published in the Solicitation is May 22, 2023, but extended negotiations delay award until June 27, 2023 (Actual Effective Date), the Term Calculation Start Date shall be May 31, 2023 and the Contract Expiration Date of the resulting initial “three-year” term, (which is subject to an extension(s)) will be May 31, 2026 in this example. Option(s) for Renewal: Any option(s) for renewal shall begin on the Contract Expiration Date, or the date of the expiration of the prior renewal term where applicable, and continue for the duration specified for the renewal option herein. Example of Option(s) for Renewal: In this example, if TIPS offers the second one-year renewal and the Contract Expiration Date is May 31, 2026, then the one-year renewal is effective from May 31, 2026 to May 31, 2027. TIPS may offer to extend Vendor Agreements to the fullest extent the TIPS Solicitation resulting in this Agreement permits. 13. TIPS Pricing. Vendor agrees and understands that for each TIPS Contract that it is awarded, Vendor submitted, agreed to, and received TIPS’ approval for pricing, coefficients, mark-ups, discounts, and other pricing terms and incentives which make up Vendor’s TIPS Pricing for that TIPS Contract (“TIPS Pricing”). Vendor confirms that Vendor will not add the TIPS Administration Fee as a charge or line-item in a TIPS Sale. Vendor hereby certifies that Vendor shall only offer goods and services through this TIPS Contract if those goods and services fall within the scope of the TIPS Contract and are priced according to Vendor’s TIPS Pricing. TIPS reserves the right to review Vendor’s proposals and quotes line-item by line-item to determine compliance. However, Vendor contractually agrees that all TIPS quotes and proposals shall be within the original terms of the Vendor’s TIPS Pricing (scope, coefficients, percentage markups, and other pricing terms and incentives originally proposed by Vendor) such that TIPS may approve Vendor’s quotes and proposals without additional vetting at TIPS discretion. 14. Indemnification of TIPS. VENDOR AGREES TO INDEMNIFY,HOLD HARMLESS,AND DEFEND TIPS, TIPS MEMBERS,TIPS OFFICERS,TIPSEMPLOYEES,TIPSDIRECTORS,AND TIPS TRUSTEES (THE “TIPS INDEMNITEES”)FROM AND AGAINST ALL CLAIMS AND SUITS BY THIRD-PARTIES FOR DAMAGES,INJURIES TO PERSONS (INCLUDING DEATH),PROPERTY DAMAGES,LOSSES, EXPENSES,FEES,INCLUDING COURT COSTS,ATTORNEY’S FEES,AND EXPERT FEES,ARISING OUT OF OR RELATING TO VENDOR’S Contract Packet - 13 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E TIPS Vendor Agreement JOC (Part 2)Page 4 PERFORMANCE UNDER THIS AGREEMENT (INCLUDING THE PERFORMANCE OF VENDOR’S OFFICERS,EMPLOYEES,AGENTS, AUTHORIZED RESELLERS,SUBCONTRACTORS,LICENSEES,OR INVITEES),REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION CAUSES OF ACTION BASED UPON COMMON,CONSTITUTIONAL,OR STATUTORY LAW OR BASED IN WHOLE OR IN PART UPON ALLEGATIONS OF NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS ON THE PART OF VENDOR,ITS OFFICERS,EMPLOYEES,AGENTS,AUTHORIZED RESELLERS,SUBCONTRACTORS,LICENSEES,OR INVITEES. NO LIMITATION OF LIABILITY FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE PERMITTED OR AGREED TO BY TIPS. APART FROM THIS INDEMNIFICATION PROVISION REQUIRING INDEMNIFICATION OF THE TIPS INDEMNITEES’ ATTORNEY’S FEES AS SET FORTH ABOVE,RECOVERY OF ATTORNEYS’FEES BY THE PREVAILING PARTY IS AUTHORIZED ONLY IF AUTHORIZED BY TEX.EDUC.CODE §44.032(F). 15. Indemnification and Assumption of Risk – Vendor Data. VENDOR AGREES THAT IT IS VOLUNTARILY PROVIDING DATA (INCLUDING BUT NOT LIMITED TO:VENDOR INFORMATION,VENDOR DOCUMENTATION,VENDOR’S PROPOSALS,VENDOR PRICING SUBMITTED OR PROVIDED TO TIPS, TIPS CONTRACT DOCUMENTS,TIPSCORRESPONDENCE,VENDOR LOGOS AND IMAGES, VENDOR’S CONTACT INFORMATION,VENDOR’S BROCHURES AND COMMERCIAL INFORMATION,VENDOR’S FINANCIAL INFORMATION,VENDOR’S CERTIFICATIONS,AND ANY OTHER VENDOR INFORMATION OR DOCUMENTATION,INCLUDING WITHOUT LIMITATION SOFTWARE AND SOURCE CODE UTILIZED BY VENDOR,SUBMITTED TO TIPS BY VENDOR AND ITS AGENTS)(“VENDOR DATA”)TO TIPS. FOR THE SAKE OF CLARITY,AND WITHOUT LIMITING THE BREADTH OF THE INDEMNITY OBLIGATIONS IN SECTION 14ABOVE,VENDOR AGREES TO PROTECT,INDEMNIFY,AND HOLD THE TIPSINDEMNITEES HARMLESS FROM AND AGAINST ANY AND ALL LOSSES,CLAIMS,ACTIONS,DEMANDS,ALLEGATIONS,SUITS,JUDGMENTS,COSTS,EXPENSES,FEES,INCLUDING COURT COSTS,ATTORNEY’S FEES,AND EXPERT FEES AND ALL OTHER LIABILITY OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATING TO:(I)ANY UNAUTHORIZED,NEGLIGENT OR WRONGFUL USE OF,OR CYBER DATA BREACH INCIDENT AND VIRUSES OR OTHER CORRUPTING AGENTS INVOLVING,VENDOR’S DATA,PRICING,AND INFORMATION,COMPUTERS,OR OTHER HARDWARE OR SOFTWARE SYSTEMS,AND;(II)ALLEGATIONS OR CLAIMS THAT ANY VENDOR DATA INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD-PARTY OR VENDOR. 16. Intellectual Property Indemnification by Vendor. Procedures Related to Indemnification.In the event that an indemnity obligation arises, Vendor shall pay all amounts set forth in Section 14 and 15 above (including any settlements) and – if it has accepted its indemnity obligation without qualification – control the legal defense to such claim or cause of action, including without limitation attorney selection, strategy, discovery, trial, appeal, and settlement, and TIPS shall, at Vendor’s cost and expense (with respect to reasonable out of pocket costs and expenses incurred by TIPS which shall be reimbursed to TIPS by Vendor), provide all commercially reasonable assistance requested by Vendor. In controlling any defense, Vendor shall ensure that all assertions of governmental immunity and all applicable pleas and defenses shall be promptly asserted. 17. Indemnity for Underlying Sales and Supplemental Agreements. Vendor shall be solely responsible for any customer claims or any disputes arising out of TIPS Sales or any Supplemental Agreement as if sold in the open-market. The Parties agree that TIPS shall not be liable for any claims arising out of Vendor’s TIPS Sales or Supplemental Agreements, including but not limited to: allegations of product defect or insufficiency, allegations of service defect or insufficiency, allegations regarding delivery defect or insufficiency, allegations of fraud or misrepresentation, allegations regarding pricing or amounts owed for TIPS sales, and/or allegations regarding payment, over-payment, under-payment, or non-payment for TIPS Sales. Payment/Drafting, overpayment/over-drafting, under- payment/under-drafting, or non-payment for TIPS Sales between customer and Vendor and inspections, rejections, or acceptance of such purchases shall be the exclusive respective obligations of Vendor/Customer, and disputes shall be handled in accordance with the terms of the underlying Supplemental Agreement(s) entered into between Vendor and Customer. Vendor acknowledges that TIPS is not a dealer, subcontractor, agent, or reseller of Vendor’s goods and services and shall not be responsible for any claims arising out of alleged insufficiencies or defects in Vendor’s goods and services, should any arise. 18. Confidentiality of Vendor Data. Vendor understands and agrees that by signing this Agreement, all Vendor Data is hereby released to TIPS, TIPS Members, and TIPS third-party administrators to effectuate Vendor’s TIPS Contract except as provided for herein. The Parties agree that Vendor Data is accessible by all TIPS Members as if submitted directly to that TIPS Member Customer for purchase consideration. If Vendor otherwise considers any portion of Vendor’s Data to be confidential and not subject to public disclosure pursuant to Chapter 552 Texas Gov’t Code (the “Public Information Act”) or other law(s) and orders, Vendor must have identified the claimed confidential materials through proper execution of the Confidentiality Claim Form which is required to be submitted as part of Vendor’s proposal resulting in this Agreement and incorporated by reference. The Confidentiality Claim Form included in Vendor’s proposal and incorporated herein by reference is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a Public Information Request. If TIPS receives a request, any responsive documentation not deemed confidential by you in this manner will be automatically released. For Vendor Data deemed confidential by you in this manner, TIPS will follow procedures of controlling statute(s) regarding any claim of confidentiality and shall not be liable for any release of information required by law, including Attorney General determination and opinion. In the event that TIPS receives a written request for information pursuant to the Public Information Act that affects Vendor’s interest in any information or data furnished to TIPS by Vendor, and TIPS Contract Packet - 14 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E TIPS Vendor Agreement JOC (Part 2)Page 5 requests an opinion from the Attorney General, Vendor may, at its own option and expense, prepare comments and submit information directly to the Attorney General stating why the requested information is exempt from disclosure pursuant to the requirements of the Public Information Act. Vendor is solely responsible for submitting the memorandum brief and information to the Attorney General within the time period prescribed by the Public Information Act. Notwithstanding any other information provided in this solicitation or Vendor designation of certain Vendor Data as confidential or proprietary, Vendor’s acceptance of this TIPS Vendor Agreement constitutes Vendor’s consent to the disclosure of Vendor’s Data, including any information deemed confidential or proprietary, to TIPS Members or as ordered by a Court or government agency, including without limitation the Texas Attorney General. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of information or documentation by TIPS Members or as required by law. 19. Vendor’s Subcontractors. TIPS recognizes that many vendors operate in the open market through the use of subcontractors. For that reason, TIPS permits Vendor to utilize subcontractors as authorized and permitted by the TIPS Member Customer. However, all purchase documents must include: (1) Vendor’s Name, as known to TIPS, and; (2) Vendor’s TIPS Contract Name and Number under which it is making the TIPS Sale. Vendor must report the sale pursuant to the terms herein and Vendor agrees that it is legally responsible for all reporting and fee payment as described herein for TIPS Sales even when subcontractors are utilized. The TIPS Administration Fee is assessed on the amount paid by the TIPS Member to Vendor. The Parties intend that Vendor shall be responsible and for actions of subcontractors during a TIPS Sale. Vendor agrees that it is voluntarily authorizing subcontractors and in doing so, Vendor agrees that it is doing so at its own risk and agrees to protect, indemnify, and hold TIPS harmless in accordance with Sections 14-17 above related to subcontractor TIPS Sales made pursuant to this Agreement or purporting to be made pursuant to this Agreement that may be asserted against Vendor whether rightfully brought or otherwise. The Parties further agree that it is no defense to Vendor’s breach of this Agreement that a subcontractor caused Vendor of breach this Agreement. 20. Circumvention of TIPS Sales. When a public entity initiates a purchase with Vendor, if the Member inquires verbally or in writing whether Vendor holds a TIPS Contract, it is the duty of the Vendor to verify whether the Member is seeking a TIPS purchase. Any request for quote, customer communication, or customer purchase initiated through or referencing a TIPS Contract shall be completed through TIPS pursuant to this Agreement. Any encouragement or participation by Vendor in circumventing a TIPS sale being completed may result in immediate termination of Vendor’s TIPS Contract(s) for cause as well as preclusion from future TIPS opportunities at TIPS sole discretion. 21. State of Texas Franchise Tax. By signature hereon, Vendor hereby certifies that Vendor is not currently delinquent in the payment of any franchise taxes owed to the State of Texas under Chapter 171 of the Texas Tax Code. 22. Termination. A)Termination for Convenience. TIPS may, by written notice to Vendor,terminate this Agreement for convenience, in whole or in part, at any time by giving thirty (30) days’ written notice to Vendor of such termination, and specifying the effective date thereof. B)Termination for Cause. If Vendor fails to materially perform pursuant to the terms of this Agreement, TIPS shall provide written notice to Vendor specifying the default. If Vendor does not cure such default within thirty (30) days, TIPS may terminate this Agreement, in whole or in part, for cause. If TIPS terminates this Agreement for cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a termination for convenience. C)Vendor’s Termination. If TIPS fails to materially perform pursuant to the terms of this Agreement, Vendor shall provide written notice to TIPS specifying the default (“Notice of Default”). If TIPS does not cure such default within thirty (30) days, Vendormay terminate this Agreement, in whole or in part, for cause. If Vendorterminates this Agreement for cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a termination for convenience. D)Upon termination, all TIPS Sale orders previously accepted by Vendor shall be fulfilled and Vendor shall be paid for all TIPS Sales executed pursuant to the applicable terms. All TIPS Sale orders presented to Vendor but not fulfilled by Vendor, prior to the actual termination of this agreement shall be honored at the option of the TIPS Member. TIPS shall submit to Vendor an invoice for any outstanding TIPS Administration Fees and approved expenses and Vendor shall pay such fees and expenses within 30 calendar days of receipt of such valid TIPS invoice. Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS’ sole Contract Packet - 15 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E TIPS Vendor Agreement JOC (Part 2)Page 6 discretion and that any Vendor may be removed from the TIPS program at any time with or without cause. This termination clause does not affect TIPS Sales Supplemental Agreements pursuant to this term regarding termination and the Survival Clause term. E)Vendor hereby waives any and all claims for damages, including, but not limited, to consequential damages or lost profits, that might arise from TIPS’ act of terminating this Agreement. 23. Survival Clause. It is the intent of the Parties that this Agreement and procurement method applies to any TIPS Sale made during the life of this Agreement even if made on or near the Contract Expiration Date as defined herein. Thus, all TIPS Sales, including but not limited to: leases, service agreements, license agreements, open purchase orders, warranties, and contracts, even if they extend months or years past the TIPS Contract Expiration Date, shall survive the expiration or termination of this Agreement subject to the terms and conditions of the Supplemental Agreement between Customer and Vendor or unless otherwise specified herein. 24. Audit Rights. Due to transparency statutes and public accountability requirements of TIPS and TIPS Members, Vendor shall at their sole expense, maintain documentation of all TIPS Sales for a period of three years from the time of the TIPS Sale. In order to ensure and confirm compliance with this agreement, TIPS shall have authority to conduct audits of Vendor’s TIPS Pricing or TIPS Sales with thirty-days’ notice unless the audit is ordered by a Court Order or by a Government Agency with authority to do so without said notice. Notwithstanding the foregoing, in the event that TIPS is made aware of any pricing being offered to eligible entities that is materially inconsistent with Vendor’s TIPS Pricing, TIPS shall have the ability to conduct the audit internalO\RUPD\HQJDJHDWKLUGဨSDUW\DXGLWLQJ ILUPWRLQYHVWLJDWHDQ\SRVVLEOHQRQဨFRPSOLDQWFRQGXFWRUPD\WHUPLQDWHWKH$JUHHPHQWDFFRUGLQJWRWKHWHUPVRIWKLV$JUHHPHQt. In the event of an audit, the requested materials shall be reasonably provided in the time, format, and at the location acceptable to TIPS. TIPS agrees not to perform a random audit the TIPS transaction documentation more than once per calendar year, but reserves the right to audit for just cause or as required by any governmental agency or court with regulatory authority over TIPS or the TIPS Member. These audit rights shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. 25. Conflicts of Interest. The Parties confirm that they have not offered, given, or accepted, nor intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, service to the other in connection with this Agreement. Vendor affirms that, to the best of Vendor’s knowledge, this Agreement has been arrived at independently, and is awarded without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this Agreement. Vendor agrees that it has disclosed any necessary affiliations with Region 8 Education Service Center and the TIPS Department, if any, through the Conflict of Interest attachment provided in the solicitation resulting in this Agreement. 26. Volume of TIPS Sales. Nothing in this Agreement or any TIPS communication may be construed as a guarantee that TIPS or TIPS Members will submit any TIPS orders to Vendor at any time. 27. Compliance with the Law.The Parties agree to comply fully with all applicable federal, state, and local statutes, ordinances, rules, and regulations applicable to their entity in connection with the programs contemplated under this Agreement. 28. Severability. If any term(s) or provision(s) of this Agreement are held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such term(s) or provision(s) shall be deemed restated to reflect the original intention of the Parties as nearly as possible in accordance with applicable law and the remainder of this Agreement, and the remainder of the provisions of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated, unless such holding causes the obligations of the Parties hereto to be impossible to perform or shall render the terms of this Agreement to be inconsistent with the intent of the Parties hereto. 29. Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event. 30. Immunity. Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Contract Packet - 16 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E TIPS Vendor Agreement JOC (Part 2)Page 7 Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement of, any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. 31. Insurance Requirements. Vendor agrees to maintain the following minimum insurance requirements for the duration of this Agreement. All policies held by Vendor to adhere to this term shall be written by a carrier with a financial size category of VII and at least a rating of ³$ဨ” by A.M. Best Key Rating Guide. The coverages and limits are to be considered minimum requirements and in no way limit the liability of the Vendor(s). Any immunity available to TIPS or TIPS Members shall not be used as a defense by the contractor's insurance policy. Only deductibles applicable to property damage are acceptable, unless proof of retention funds to cover said deductibles is provided. "Claims made" policies will not be accepted. Vendor’s required minimum coverage shall not be suspended, YRLGHGFDQFHOOHGQRQဨUHQHZHGRUUHGXFHGLQFRYHUDJHRULQOLPLWVXQOHVVUHSODFHGE\DSROLF\WKDWSURYLGHVWKHPLQLPXPUHTXired coverage except after thirty (30) days prior written notice by certified mail, return receipt requested has been given to TIPS or the TIPS Member if a project or pending delivery of an order is ongoing. Upon request, certified copies of all insurance policies shall be furnished to the TIPS or the TIPS Member. Vendor agrees that when Vendor or its subcontractors are liable for any damages or claims, Vendor’s policy, shall be primary over any other valid and collectible insurance carried by the Member or TIPS. General Liability: $1,000,000 each Occurrence/Aggregate Automobile Liability:,QFOXGHVRZQHGKLUHG QRQဨRZQHG Workers' Compensation: Statutory limits for the jurisdiction in which the Vendor performs under this Agreement. If Vendor performs in multiple jurisdictions, Vendor shall maintain the statutory limits for the jurisdiction with the greatest dollar policy limit requirement. Umbrella Liability: $1,000,000 each Occurrence/Aggregate 32. Waiver. No waiver of any single breach or multiple breaches of any provision of this Agreement shall be construed to be a waiver of any breach of any other provision. No delay in acting regarding any breach of any provision shall be construed to be a waiver of such breach. 33. Binding Agreement. This Agreement shall be binding and inure to the benefit of the Parties hereto and their respective heirs, legal successors, and assigns. 34. Headings. The paragraph headings contained in this Agreement are included solely for convenience of reference and shall not in any way affect the meaning or interpretation of any of the provisions of this Agreement. 35. Choice of Law and Venue. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Texas. Any proceeding, claim, action, or alternative dispute resolution arising out of or relating to this Agreement or involving TIPS shall be brought in a State Court of competent jurisdiction in Camp County, Texas, or if Federal Court is legally required, a Federal Court of competent jurisdiction in the Eastern District of Texas, and each of the Parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or and contemplated transaction in any other court. The Parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the Parties irrevocably to waive any objections to venue or to convenience of forum. 36. Relationship of the Parties. Nothing contained in this Agreement shall be construed to make one Party an agent of the other Party nor shall either party have any authority to bind the other in any respect, unless expressly authorized by the other party in writing. The Parties are independent contractors and nothing in this Agreement creates a relationship of employment, trust, agency or partnership between them. 37. Assignment. No assignment of this Agreement or of any duty or obligation of performance hereunder, shall be made in whole or in part by a Party hereto without the prior written consent of the other Party. Written consent of TIPS shall not be unreasonably withheld. 38. Minimum Condition and Warranty Requirements for TIPS Sales. All goods quoted or sold through a TIPS Sale shall be new unless clearly stated otherwise in writing. All new goods and services shall include the applicable manufacturers minimum standard warranty unless otherwise agreed to in the Supplemental Agreement. Contract Packet - 17 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E TIPS Vendor Agreement JOC (Part 2)Page 8 39. Minimum Customer Support Requirements for TIPS Sales. Vendor shall provide timely and commercially reasonable support for TIPS Sales or as agreed to in the applicable Supplemental Agreement. 40. Minimum Shipping Requirements for TIPS Sales. Vendor shall ship, deliver, or provide ordered goods and services within a commercially reasonable time after acceptance of the order. If a delay in delivery is anticipated, Vendor shall notify the TIPS Member as to why delivery is delayed and provide an updated estimated time for completion. The TIPS Member may cancel the order if the delay is not commercially acceptable or not consistent with the Supplemental Agreement applicable to the order. 41. Minimum Vendor License Requirements. Vendor shall maintain, in current status, all federal, state, and local licenses, bonds and permits required for the operation of the business conducted by Vendor. Vendor shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of goods or services under the TIPS Agreement. TIPS and TIPS Members reserve the right to stop work and/or cancel a TIPS Sale or terminate this or any TIPS Sale Supplemental Agreement involving Vendor if Vendor’s license(s) required to perform under this Agreement or under the specific TIPS Sale have expired, lapsed, are VXVSHQGHGRUWHUPLQDWHGVXEMHFWWRDဨGD\FXUHSHULRGXQOHVVSURKLELWHGE\DSSOLFDEOHVWDWXHRUUHJXODWLRQ 42. Minimum Vendor Legal Requirements. Vendor shall remain aware of and comply with this Agreement and all local, state, and federal laws governing the sale of products/services offered by Vendor under this contract. Such applicable laws, ordinances, and policies must be complied with even if not specified herein. 43. Minimum Site Requirements for TIPS Sales (when applicable to TIPS Sale). Cleanup:When performing work on site at a TIPS Member’s property, Vendor shall clean up and remove all debris and rubbish resulting from their work as required or directed by the TIPS Member or as agreed by the parties. Upon completion of work, the premises shall be left in good repair and an orderly, neat, clean and unobstructed condition. Preparation:Vendor shall not begin a project for which a TIPS Member has not prepared the site, unless Vendor does the preparation work at no cost, or until TIPS Member includes the cost of site preparation in the TIPS Sale Site preparation includes, but is not limited WRPRYLQJIXUQLWXUHLQVWDOOLQJZLULQJIRUQHWZRUNVRUSRZHUDQGVLPLODUSUHဨLQVWDOODWLRQUHTXLUHPHQWV Registered Sex Offender Restrictions:For work to be performed at schools, Vendor agrees that no employee of Vendor or a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are, or reasonably expected to be, present unless otherwise agreed by the TIPS Member. Vendor agrees that a violation of this condition shall be considered a material breach and may result in the cancellation of the TIPS Sale at the TIPS Member’s discretion. Vendor must identify any additional costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge. Safety Measures: Vendor shall take all reasonable precautions for the safety of employees on the worksite, and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Vendor shall post warning signs against all hazards created by the operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage. Smoking: Persons working under Agreement shall adhere to the TIPS Member’s or local smoking statutes, codes, ordinances, and policies. 44. Wage Rates: TIPS Member Customers often have to designate either Davis Bacon Act wage rates or similar wage rates for their construction contracts. The RS Means Unit Price Book accounts for local wage rates and the contractor must comply with RS Means and any additional wage rate requirements of the TIPS Member Customer. 45. Engineering and Architectural Services: It is impermissible in Texas and some other jurisdictions for engineering and architectural services (A&E) to be procured or provided through an interlocal cooperative contract such as this one. The TIPS Member Customer, if required by law, must engage independent A&E providers according to the laws of their jurisdiction. 46. Payment for TIPS Sales. TIPS Members may make payments for TIPS Sales directly to Vendor, or as otherwise agreed to in the applicable Supplemental Agreement after receipt of the invoice and in compliance with applicable payment statutes. Regardless of how payment is issued or received for a TIPS Sale, Vendor is responsible for all reporting and TIPS Administration Fee payment requirements as stated herein. Contract Packet - 18 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E TIPS Vendor Agreement JOC (Part 2)Page 9 47. Marketing. Vendor agrees to allow TIPS to use their name and logo within the TIPS website, database, marketing materials, and advertisements unless Vendor negotiates this term to include a specific acceptable-use directive. Any use of TIPS’ name and logo or any form of publicity, inclusive of press release, regarding this Agreement by Vendor must have prior approval from TIPS which will not be unreasonably withheld. Request may be made by email to tips@tips-usa.com. For marketing efforts directed to TIPS Members, Vendor must request and execute a separate Joint Marketing Disclaimer, at marketing@tips-usa.com, before TIPS can release contact information for TIPS Member entities for the purpose of marketing your TIPS contract(s). Vendor must adhere to strict Marketing Requirements once a disclaimer is executed. The Joint Marketing Disclaimer is a supplemental agreement specific to joint marketing efforts and has no effect on the terms of the TIPS Vendor Agreement. Vendor agrees that any images, photos, writing, audio, clip art, music, or any other intellectual property (“Property”) or Vendor Data utilized, provided, or approved by Vendor during the course of the joint marketing efforts are either the exclusive property of Vendor, or Vendor has all necessary rights, license, and permissions to utilize said Property in the joint marketing efforts. Vendor agrees that they shall indemnify and hold harmless TIPS and its employees, officers, agents, representatives, contractors, assignees, designees, and TIPS Membersfrom any and all claims, damages, and judgments involving infringement of patent, copyright, trade secrets, trade or services marks, and any other intellectual or intangible property rights and/or claims arising from the Vendor’s (including Vendor’s officers’, employees’, agents’, Authorized Resellers’, subcontractors’, licensees’, or invitees’) unauthorized use or distribution of Vendor Data and Property. 48. Tax Exempt Status of TIPS Members. Most TIPS Members are tax exempt entities and the laws and regulations applicable to the specific TIPS Member customer shall control. 49. Automatic Renewal Limitation for TIPS Sales. No TIPS Sale may incorporate an automatic renewal clause that exceeds month to month terms with which the TIPS Member must comply. All renewal terms incorporated into a TIPS Sale Supplemental Agreement shall only be valid and enforceable when Vendor received written confirmation of acceptance of the renewal term from the TIPS Member for the specific renewal term. The purpose of this clause is to avoid a TIPS Member inadvertently renewing an Agreement during a period in which the governing body of the TIPS Member has not properly appropriated and budgeted the funds to satisfy the Agreement renewal. Any TIPS Sale Supplemental Agreement containing an “Automatic Renewal” clause that conflicts with these terms is rendered void and unenforceable. 50. Choice of Law Limitation for TIPS Sales. Vendor agrees that if any "Choice of Law" provision is included in any TIPS Sale agreement/contract between Vendor and a TIPS Member, that clause must provide that the "Choice of Law" applicable to the TIPS Sale agreement/contract between Vendor and TIPS Member shall be the state where the TIPS Member operates unless the TIPS Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing a “Choice of Law” clause that conflicts with these terms is rendered void and unenforceable. 51. Venue Limitation for TIPS Sales. Vendor agrees that if any "Venue" provision is included in any TIPS Sale Agreement/contract between Vendor and a TIPS Member, that clause must provide that the "Venue" for any litigation or alternative dispute resolution shall be in the state and county where the TIPS Member operates unless the TIPS Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing a “Venue” clause that conflicts with these terms is rendered void and unenforceable. 52. Indemnity Limitation for TIPS Sales. Texas and other jurisdictions restrict the ability of governmental entities to indemnify others. Vendor agrees that if any "Indemnity" provision which requires the TIPS Member to indemnify Vendor is included in any TIPS sales agreement/contract between Vendor and a TIPS Member, that clause must either be stricken or qualified by including that such indemnity is only permitted, "to the extent permitted by the laws and constitution of [TIPS Member's State]” unless the TIPS Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing an "Indemnity" clause that conflicts with these terms is rendered void and unenforceable. 53. Arbitration Limitation for TIPS Sales. Vendor agrees that if any "Arbitration" provision is included in any TIPS Sale agreement/contract between Vendor and a TIPS Member, that clause may not require that the arbitration is mandatory or binding. Vendor agrees that if any "Arbitration" provision is included in any TIPS Sale agreement/contract between Vendor and a TIPS Member, that clause provides for only voluntary and non-binding arbitration unless the TIPS Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing a “Arbitration” clause that conflicts with these terms is rendered void and unenforceable. In Witness Whereof, the parties hereto, each acting under due and proper authority, have signed this Agreement. Contract Packet - 19 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E TIPS Vendor Agreement Signature Form (Part 1)Page 1 TIPS VENDOR AGREEMENT SIGNATURE FORM TIPS RFP 3LSH%XUVWLQJ Part  Vendor Name: _____________________________________________________________________________ Vendor Address: ___________________________________________________________________________ City: _____________________________________________ State: ____________ Zip Code: _____________ Vendor Authorized Signatory Name: ___________________________________________________________ Vendor Authorized Signatory Title: ____________________________________________________________ Vendor Authorized Signatory Phone: ___________________________________________________________ Vendor Authorized Signatory Email: ___________________________________________________________ Vendor Authorized Signature: ________________________________________ Date: ___________________ (The following is for TIPS completion only) TIPS Authorized Signatory Name: _____________________________________________________________ TIPS Authorized Signatory Title: ______________________________________________________________ TIPS Authorized Signature: ________________________________________ Date: ____________________ ______________________________________________________________________________________________________________________________________________________ 77060 Ryan Graham Regional Vice President 713-750-9081 rgraham@vortexcompanies.com 12/07/2023 Dr. Fitts Executive Director Vortex Companies, LLC 18150 Imperial Valley Dr. Houston TX 1/17/2024 Contract Packet - 20 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E 231102 Vortex Companies Vortex Infrastructure Holdings, LLC Supplier Response Event Information Number:231102 Title:Pipe Bursting (2 Part with JOC) Type:Request for Proposal Issue Date:11/2/2023 Deadline:12/8/2023 03:00 PM (CT) Notes:This is a solicitation issued by The Interlocal Purchasing System (TIPS), a department of Texas Region 8 Education Service Center. It is an Indefinite Delivery, Indefinite Quantity ("IDIQ") solicitation. It will result in contracts that provide, through adoption/"piggyback" an indefinite quantity of supplies/services, during a fixed period of time, to TIPS public entity and qualifying non-profit "TIPS Members" throughout the nation. Thus, there is no specific project or scope of work to review. Rather this solicitation is issued as a prospective award for utilization when any TIPS Member needs the goods or services offered during the life of the agreement. This is a two part solicitation. Part 1 is solicited for TIPS sales that are not considered a "public work" construction project. Part 1 permits the sale of goods and non- construction/non-"public work" services such as maintenance and minor repairs. Part 2 Job Order Contract (JOC) is solicited for projects considered by your TIPS Member Customers to be a "public work" construction project. The determination of whether or not a TIPS sale amounts to a "public work" construction project requiring a Part 2 JOC contract is made by the TIPS Member Customer at the time of each TIPS sale. Vendor: Vortex Companies 231102Page 1 of 34 pages Contract Packet - 21 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E Thus, Vendors are encouraged to respond to both Parts 1 and 2 in case your TIPS Member Customers require that a sale be made under one Part or the other. However, responding to both Parts is not required. IF YOU CURRENTLY HOLDS TIPS CONTRACT 201104 PIPE BURSTING PART 1 OR 2 ("20110401 OR 20110402"), YOU MUST RESPOND TO THIS SOLICITATION TO PREVENT LAPSE OF CONTRACT UNLESS YOU HOLD ANOTHER CURRENT TIPS CONTRACT THAT COVERS ALL OF YOUR PIPE BURSTING OFFERINGS. THIS AWARDED CONTRACT WILL REPLACE YOUR EXPIRING TIPS CONTRACT 20110401 OR 20110402. IF YOU HOLD ANOTHER TIPS CONTRACT OTHER THAN 20110401 OR 20110402 WHICH COVERS ALL OF YOUR PIPE BURSTING OFFERINGS AND YOU ARE SATISFIED WITH IT, THERE IS NO NEED TO RESPOND TO THIS SOLICITATION UNLESS YOU PREFER TO HOLD BOTH CONTRACTS. Contact Information Address:Region 8 Education Service Center 4845 US Highway 271 North Pittsburg, TX 75686 Phone:+1 (866) 839-8477 Email:bids@tips-usa.com Vendor: Vortex Companies 231102Page 2 of 34 pages Contract Packet - 22 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E Vortex Companies Information Contact:Ryan Graham Address:18150 Imperial Valley Drive Houston, TX 77060 Phone:(713) 750-9081 Email:rellison@vortexcompanies.com Web Address:https://vortexcompanies.com/ By submitting your response, you certify that you are authorized to represent and bind your company. Shelly Larson slarson@vortexcompanies.com Signature Email Submitted at 12/8/2023 10:02:51 AM (CT) Requested Attachments Pricing Form 1 (Part 1)01 FINAL - 231102 Pricing Form 1 (Part 1).xlsx If responding to Part 1, Pricing Form 1 (Part 1) must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, properly completed as instructed, and uploaded to this location. Pricing Form 2 (Part 1)02 FINAL - 231102 Pricing Form 2 (Part 1).xlsx If responding to Part 1, Pricing Form 2 (Part 1) must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, properly completed as instructed, and uploaded to this location. Vendor Agreement (Part 1)03 231102 Vendor Agreement (Part 1) Final.pdf If responding to Part 1, the Vendor Agreement must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, Vendor Name placed in the line provided at the top, and uploaded to this location. If Vendor has proposed deviations to the Vendor Agreement (Part 1), Vendor may assert so in the Attribute Questions and those shall be addressed during evaluation. Vendor Agreement Signature Form (Part 1)04 231102 Vendor Agreement Signature Form (Part 1) Final.pdf If responding to Part 1 the Vendor Agreement Signature Form (Part 1) must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, properly completed, and uploaded to this location. If Vendor has proposed deviations to the Vendor Agreement (Part 1), Vendor may leave the signature line of this page blank and assert so in the Attribute Questions and those shall be addressed during evaluation. Alternate or Supplemental Pricing Documents (Part 1)No response Optional. If responding to Part 1, when completing Pricing Form 1 (Part 1) & Pricing Form 2 (Part 1), you direct TIPS to view additional, alternate, or supplemental pricing documentation, you may upload that Part 1 documentation. Reference Form 06 231102 Reference Form JOC (Parts 1 & 2) - Final.xls The Reference Form must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, properly completed, and uploaded to this location. The Reference Form must be uploaded in Excel format. Required Confidentiality Claim Form 07 231102 Required Confidentiality Claim Form - Final.pdf The Required Confidentiality Claim Form must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, properly completed, and uploaded to this location. This is the only way for Vendor to assert confidentiality of any information submitted. Vendor: Vortex Companies 231102Page 3 of 34 pages Contract Packet - 23 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E Part 2 Required Bonding Capacity Letter 08 Vortex Companies Bonding Capacity Ltr.pdf If proposing on Part 2, Vendor is required to upload a Bonding Capacity Letter from its surety, as described herein, at this location. Please see the attachment entitled "Instructions and Sample - Part 2 Required Bonding Capacity Letter" for complete instructions. . On Part 2, Vendor will be scored on the aggregate bonding capacity displayed in the accepted letter. Vendor must provide a current letter (issued on or after the first day of the month preceding the date on which the solicitation was posted) from its surety verifying Vendor’s bonding capacity as described herein. (Ex. if the solicitation/bid posted on February 4, 2022, the letter must be dated on or after January 1 2022. The letter must be issued from Vendor’s Surety companies, on surety company letterhead, must specify the maximum bonding capacity of the Vendor, and must be signed by an authorized representative of the surety company. The issuing surety must be authorized to do business in the State of Texas and must be listed on the Department of the Treasury's Listing of Approved Sureties (Department Circular 570). Current Form W-9 09 W-9 Vortex Companies LLC.pdf Vendor must upload their current IRS Tax Form W-9. The legal name, EIN, and d/b/a's listed should match the information provided herein exactly. This form will be utilized by TIPS to properly identify your entity. Vendor Agreement (Part 2)010 231102 Vendor Agreement - JOC 2023 (Part 2) -Final.pdf If responding to Part 2, the Vendor Agreement (Part 2) must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, properly completed, and uploaded to this location. If Vendor has proposed deviations to the Vendor Agreement (Part 2), Vendor may assert so in the Attribute Questions and those shall be addressed during evaluation. Vendor Agreement Signature Form (Part 2)011 231102 Vendor Agreement Signature Form (Part 2) - Final.pdf If responding to Part 2, the Vendor Agreement Signature Form (Part 2) must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, properly completed, and uploaded to this location. If Vendor has proposed deviations to the Vendor Agreement (Part 2), Vendor may leave the signature line of this page blank and assert so in the Attribute Questions and those shall be addressed during evaluation. Vendor’s Warranties, Terms, and Conditions (Supplemental Vendor Information Only) 012 Vortex_Companies_S&P.pdf Optional. If Vendor would like to display any standard warranties, terms, or conditions which are often applicable to their offerings for TIPS and TIPS Member Customer consideration, Vendor may upload those at this location. These supplemental documents shall not be considered part of the TIPS Contract. Rather, they are Vendor Supplemental Information for marketing and informational purposes only. Supplemental Vendor Information (Supplemental Vendor Information Only) 013 Vortex_Companies_S&P.pdf Optional. If Vendor would like to display or include any brochures, promotional documents, marketing materials, or other Vendor Information for TIPS and TIPS Member Customer consideration, Vendor may upload those at this location. ​ These supplemental documents shall not be considered part of the TIPS Contract. Rather, they are Vendor Supplemental Information for marketing and informational purposes only. Certificates & Licenses (Supplemental Vendor Information Only)No response Optional. If Vendor would like to display any applicable certificates or licenses (including HUB certificates) for TIPS and TIPS Member Customer consideration, Vendor may upload those at this location. These supplemental documents shall not be considered part of the TIPS Contract. Rather, they are Vendor Supplemental Information for marketing and informational purposes only. Disclosure of Lobbying Activities - Standard Form - LLL No response Do not upload this form unless Vendor has reportable lobbying activities. There are Attributes entitled, “2 CFR Part 200 or Federal Provision - Byrd Anti-Lobbying Amendment – Continued.” Properly respond to those Attributes and only upload this form if applicable/instructed. If upload is required based on your response to those Attributes, the Disclosure of Lobbying Activities – Standard Form - LLL must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, properly completed, and uploaded to this location. Vendor: Vortex Companies 231102Page 4 of 34 pages Contract Packet - 24 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E Conflict of Interest Questionnaire - Form CIQ 016 Conflict of Interest Questionnaire - Form CIQ - Final.pdf Do not upload this form unless you have a reportable conflict with TIPS. There is an Attribute entitled “Conflict of Interest Questionnaire Requirement” immediately followed by an Attribute entitled “Conflict of Interest Questionnaire Requirement – Form CIQ – Continued.” Properly respond to those Attributes and only upload this form if applicable/instructed. If upload is required based on your response to those Attributes, the Conflict of Interest Questionnaire – Form CIQ must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, properly completed, and uploaded at this location. Vendor Logo (Supplemental Vendor Information Only)017 Vortex Companies LLC Logo.png Optional. If Vendor desires that their logo be displayed on their public TIPS profile for TIPS and TIPS Member viewing, Vendor may upload that logo at this location. These supplemental documents shall not be considered part of the TIPS Contract. Rather, they are Vendor Supplemental Information for marketing and informational purposes only. Bid Attributes 1 Disadvantaged/Minority/Women Business & Federal HUBZone Some participating public entities are required to seek Disadvantaged/Minority/Women Business & Federal HUBZone ("D/M/WBE/Federal HUBZone") vendors. Does Vendor certify that their entity is a D/M/WBE/Federal HUBZone vendor? If you respond "Yes," you must upload current certification proof in the appropriate "Response Attachments" location. NO 2 Historically Underutilized Business (HUB) Some participating public entities are required to seek Historically Underutilized Business (HUB) vendors as defined by the Texas Comptroller of Public Accounts Statewide HUB Program. Does Vendor certify that their entity is a HUB vendor? If you respond "Yes," you must upload current certification proof in the appropriate "Response Attachments" location. No 3 National Coverage Can the Vendor provide its proposed goods and services to all 50 US States? Yes - All 50 States 4 States Served If Vendor answered "No" to the question entitled "National Coverage," please list all states where vendor can provide the goods and services proposed directly below. Your response may dictate which potential TIPS Member customers consider purchasing your offerings. No response 5 Description of Vendor Entity and Vendor's Goods & Services If awarded, this description of Vendor and Vendor's goods and services will appear on the TIPS website for customer/public viewing. Offers advanced trenchless technologies and turnkey services to cost effectively renew water, sewer and industrial infrastructure. Vendor: Vortex Companies 231102Page 5 of 34 pages Contract Packet - 25 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E 6 Primary Contact Name Please identify the individual who will be primarily responsible for all TIPS matters and inquiries for the duration of the contract. Ryan Graham 7 Primary Contact Title Primary Contact Title Senior Vice President 8 Primary Contact Email Please enter a valid email address that will definitely reach the Primary Contact. rgraham@vortexcompanies.com 9 Primary Contact Phone Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477). Please provide the accurate and current phone number where the individual who will be primarily responsible for all TIPS matters and inquiries for the duration of the contract can be reached directly. 7137509081 1 0 Primary Contact Fax Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477). No response 1 1 Primary Contact Mobile Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477). No response 1 2 Secondary Contact Name Please identify the individual who will be secondarily responsible for all TIPS matters and inquiries for the duration of the contract. Shelly Larson 1 3 Secondary Contact Title Secondary Contact Title Contracts & Compliance Admin 1 4 Secondary Contact Email Please enter a valid email address that will definitely reach the Secondary Contact. slarson@vortexcompanies.com Vendor: Vortex Companies 231102Page 6 of 34 pages Contract Packet - 26 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E 1 5 Secondary Contact Phone Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477). Please provide the accurate and current phone number where the individual who will be secondarily responsible for all TIPS matters and inquiries for the duration of the contract can be reached directly. 7137509081 1 6 Secondary Contact Fax Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477). No response 1 7 Secondary Contact Mobile Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477). No response 1 8 Administration Fee Contact Name Please identify the individual who will be responsible for all payment, accounting, and other matters related to Vendor's TIPS Administration Fee due to TIPS for the duration of the contract. Shelly Knight 1 9 Administration Fee Contact Email Please enter a valid email address that will definitely reach the Administration Fee Contact. sknight@vortexcompanies.com 2 0 Administration Fee Contact Phone Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477). 7137509081 2 1 Purchase Order and Sales Contact Name Please identify the individual who will be responsible for receiving and processing purchase orders and sales under the TIPS Contract. Ryan Graham 2 2 Purchase Order and Sales Contact Email Please enter a valid email address that will definitely reach the Purchase Order and Sales Contact. rgraham@vortexcompanies.com 2 3 Purchase Order and Sales Contact Phone Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477). 7137509081 2 4 Company Website Company Website (Format - www.company.com) www.vortexcompanies.com Vendor: Vortex Companies 231102Page 7 of 34 pages Contract Packet - 27 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E 2 5 Entity D/B/A's and Assumed Names You must confirm that you are responding to this solicitation under your legal entity name. Go now to your Supplier Profile in this eBid System and confirm that your profile reflects your "Legal Name" as it is listed on your W9. In this question, please identify all of your entity's assumed names and D/B/A's. Please note that you will be identified publicly by the Legal Name under which you respond to this solicitation unless you organize otherwise with TIPS after award. Vortex Services, LLC; Vortex Lining Systems, LLC 2 6 Primary Address Primary Address 18150 Imperial Valley Dr. 2 7 Primary Address City Primary Address City Houston 2 8 Primary Address State Primary Address State (2 Digit Abbreviation) Texas 2 9 Primary Address Zip Primary Address Zip 77060 3 0 Search Words Identifying Vendor Please list all search words and phrases to be included in the TIPS database related to your entity. Do not list words which are not associated with the bid category/scope (See bid title for general scope). This will help users find you through the TIPS website search function. You may include product names, manufacturers, specialized services, and other words associated with the scope of this solicitation. Vortex, Vortex Services, Pipe Bursting, CIPP, Cured in place Pipe, Pipe Rehabilitation, Trenchless Rehabilitation, Trenchless Construction, Culvert Rehabilitation, Sewer Rehab, Wastewater Rehab, Sanitary Sewer Rehab, Quadex, Quadex Lining Systems, Geokrete, Geopolymer, Manhole Rehab, Manhole Rehabilitation, Epoxy Lining, Cementitious Lining, Vortex Companies, Underground Infrastructure, Sewer Rehabilitation, Manhole Lining 3 1 Certification of Vendor Residency (Required by the State of Texas) Does Vendor's parent company or majority owner: (A) have its principal place of business in Texas; or (B) employ at least 500 persons in Texas? Texas Education Code Section 44.031 requires that this information be considered in evaluation for certain contracts. However, Vendor response does not affect points, scoring, or potential award. Yes 3 2 Vendor's Principal Place of Business (City) In what city is Vendor's principal place of business located? Houston Vendor: Vortex Companies 231102Page 8 of 34 pages Contract Packet - 28 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E 3 3 Vendor's Principal Place of Business (State) In what state is Vendor's principal place of business located? Texas 3 4 Vendor's Years in Business How many years has the business submitting this proposal been operating in its current capacity and field of work? 5 3 5 Certification Regarding Entire TIPS Agreement for Part 1 and Part 2 Contracts This is a two part solicitation. Part 1 is solicited for TIPS sales that are not considered a "public work" construction project. Part 1 permits the sale of goods and non-construction/non-"public work" services such as maintenance and minor repairs. Part 2 Job Order Contract (JOC) is solicited for projects considered by your TIPS Member Customers to be a "public work" construction project. The determination of whether or not a TIPS sale amounts to a "public work" construction project requiring a Part 2 JOC contract is made by the TIPS Member Customer at the time of each TIPS sale. Thus, Vendors are encouraged to respond to both Parts 1 and 2 in case your TIPS Member Customers require that a sale be made under one Part or the other. However, responding to both Parts is not required. If Vendor responds and is awarded to both Parts, Vendor will have one contract for Part 1 and a separate contract for Part 2. Vendor agrees that, if awarded, Vendor's final TIPS Contract(s), for either Part 1, Part 2, or both Parts, will consist of the provisions set forth in the corresponding finalized TIPS Vendor Agreement, Vendor's responses to these attribute questions, and: (1) The TIPS solicitation document resulting in the Agreement; (2) Any addenda or clarifications issued in relation to the corresponding TIPS solicitation; (3) All solicitation information provided to Vendor by TIPS through the TIPS eBid System; (3) Vendor’s entire proposal response to the corresponding TIPS solicitation including all accepted required attachments, acknowledged notices and certifications, accepted negotiated terms, accepted pricing, accepted responses to questions, and accepted written clarifications of Vendor’s proposal, and; any properly included attachments to the TIPS Contract. Does Vendor agree? Yes, Vendor agrees Vendor: Vortex Companies 231102Page 9 of 34 pages Contract Packet - 29 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E 3 6 Minimum Percentage Discount Offered to TIPS Members on all Part 1 Goods and Services (READ CAREFULLY) Please read thoroughly and carefully as an error on your response can render your Part 1 contract award unusable. If you are not proposing on Part 1, you must still respond to proceed but it will not apply to you unless you decide to propose and are awarded on Part 1. TIPS Members often turn to TIPS Contracts for ease of use and to receive discounted pricing. If awarded on Part 1, what is the minimum percentage discount that you can offer TIPS Members off of all Part 1 goods and service pricing (whether offered through Pricing Form 1, Pricing Form 2, or in another accepted format) that you offer? Only limited goods/services specifically identified and excluded from this discount in Vendor’s original proposal may be excluded from this discount. Vendor must respond with a percentage from 0%-100%. The percentage discount that you input below will be applied to your Part 1 "Catalog Pricing", as defined in the solicitation, for all TIPS Sales made during the life of the contract. You cannot alter this percentage discount once the solicitation legally closes. You will always be required to discount every TIPS Sale by the percentage included below with the exception of limited goods/services specifically identified and excluded from this discount in Vendor’s original proposal. If you add goods or services to your "Catalog Pricing" during the life of the contract, you will be required to sell those new items with this discount applied. Example: In this example, you enter a 10% minimum percentage discount below. In year-one of your TIPS Contract, your published Part 1 "Catalog Pricing" (website/store/published pricing) for "Material A" is $100 and for "Material A Maintenance Service" is $100. In this example, you must sell those items under the Part 1 TIPS Contract at the proposed 10% discounted price of: "Material A" - $90, "Material A Maintenance Service" - $90. In year two of your TIPS Contract, you update your Part 1 "Catalog Pricing" with the market. You add "Material B" to your "Catalog Pricing" for $200 and have increased the price of "Material A" to $110 and the price of "Material A Maintenance Service" to $110. In this example, after the Part 1 "Catalog Pricing" update, you must still sell those items under the Part 1 TIPS Contract at the proposed 10% discounted price of: "Material A" - $99, "Material A Maintenance Service" - $99, and "Material B" - $180.00. With the exception of limited goods/services specifically identified and excluded from this discount in Vendor’s original proposal, if you cannot honor the discount on all Part 1 goods and items now included or which may be added in the future with certainty, then you should offer a lesser discount percentage below. If awarded on Part 1, what is the minimum percentage discount that you can offer TIPS Members off of all Part 1 goods and service pricing (whether offered through Pricing Form 1, Pricing Form 2, or in another accepted format) that you offer? 10% 3 7 Honoring Vendor's Part 1 Minimum Percentage Discount Vendor is asked in these Attribute Questions to provide a Minimum Percentage Discount offered to TIPS Members on all Part 1 goods and services sold under the TIPS Contract. If proposing on Part 1, points will be assigned for your response and scoring of your Part 1 proposal will be affected. On your Part 1 evaluation, a "YES" answer will be awarded the maximum 10 points and a "NO" answer will be awarded 0 points. If you are not proposing on Part 1, you must still answer to proceed but this term will not apply to you or affect your scoring unless you decide to propose and are awarded on Part 1. If awarded on Part 1, does Vendor agree to honor the Minimum Percentage Discount off of their TIPS "Catalog Pricing" that Vendor proposed for all TIPS Sales made for the duration of the TIPS Contract? Yes, Vendor agrees Vendor: Vortex Companies 231102Page 10 of 34 pages Contract Packet - 30 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E 3 8 Volume and Additional Discounts In addition to the Part 1 Minimum Percentage Discount proposed herein, does Vendor ever expect and intend to offer additional, greater, or volume discounts to TIPS Members? If proposing on Part 1, point(s) may be assigned for your response in the Part 1 category of "Pricing" during scoring and evaluation. If you are not proposing on Part 1, you must respond to proceed but no points will be assigned for your response. Yes 3 9 Part 1 "Catalog Pricing" and Pricing Requirements This is a requirement of the Part 1 TIPS Contract and is non-negotiable. If you are not proposing on Part 1, you must still agree to proceed but it will not apply to you unless you decide to propose and are awarded on Part 1. In this solicitation and resulting contract, Part 1 "Catalog Pricing" shall be defined as: "The then available list of goods or services, in the most current listing regardless of date, that takes the form of a catalog, price list, price schedule, shelf-price or other viewable format that: A. is regularly maintained by the manufacturer or Vendor of an item; and B. is either published or otherwise available for review by TIPS or a customer during the purchase process; C. to which the Minimum Percentage Discount proposed by the proposing Vendor may be applied. If awarded on Part 1 of this TIPS Contract, for the duration of the contract, Vendor agrees to provide, upon request, their then current "Catalog Pricing." Or, in limited circumstances where Vendor has proposed the Percentage Mark- Up method of pricing in this proposal, proof of Vendor's "cost" may be accepted by TIPS in place of catalog pricing. YES 4 0 REQUIRED FOR PART 2 - Vendor's Regular Hours RS Means Coefficient What is Vendor's Regular Hours RS Means Coefficient? If you do not intend to propose on Part 2, you may enter a "0" in order to continue. The RS Means Price Book is a unit price book adjusted for different geographic areas by using the City Cost Index for each location. You may visit https://www.rsmeans.com for more information. You must review the TIPS Part 2 RS Means JOC Pricing Explanation & Rubric under the "Attachments" tab prior to responding herein. To propose the RS Means Price Book pricing exactly, Vendor would insert a 1.0 as their Regular Hours RS Means Coefficient below, to propose a 5% discount off of the RS Means Price Book Vendor would insert a .95 as their Regular Hours RS Means Coefficient below. To see the full scoring rubric and use TIPS scoring calculator, please view the TIPS RS Means JOC Pricing Explanation & Rubric under the "Attachments" tab. Insert Vendor's Regular Hours RS Means Coefficient below. If you do not intend to propose on Part 2, you may enter a "0" in order to continue. 0.95 Vendor: Vortex Companies 231102Page 11 of 34 pages Contract Packet - 31 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E 4 1 REQUIRED FOR PART 2 - Vendor's After-Hours RS Means Coefficient What is Vendor's After-Hours RS Means Coefficient? If you do not intend to propose on Part 2, you may enter a "0" in order to continue. The RS Means Price Book is a unit price book adjusted for different geographic areas by using the City Cost Index for each location. You may visit https://www.rsmeans.com for more information. You must review the TIPS Part 2 RS Means JOC Pricing Explanation & Rubric under the "Attachments" tab prior to responding herein. The most common After-Hours RS Means Coefficient is "time-and-a-half" of the standard RS Means Unit Price Book. For example, if Vendor's Regular Hours Coefficient above is .95, Vendor would assert an After-Hours RS Means Coefficient of 1.45 for "time-and-a-half" pricing. To see the full scoring rubric and use TIPS scoring calculator, please view the TIPS RS Means JOC Pricing Explanation & Rubric under the "Attachments" tab. Insert Vendor's After-Hours RS Means Coefficient below. If you do not intend to propose on Part 2, you may enter a "0" in order to continue. 1 4 2 REQUIRED FOR PART 2 - Vendor's Percentage Markup of Items not Pre-Priced within the RS Means Price Book Here, Vendor must enter a percentage, not a coefficient. If you do not intend to propose on Part 2, you may enter a "0" in order to continue. If Vendor sells items which cannot be found in the RS Means Price Book, at what Percentage Markup does Vendor agree to sell those Non Pre-Priced items? This is a maximum Percentage Markup and Vendor may always offer customers a lesser markup. Example: In this example, Vendor is selling a project to a TIPS Member school district and some of the contract pricing for special materials cannot be verified because it cannot be found in the RS Means Price book. Vendor may sell those specialty items to the Member this percentage markup from cost. In this example, if one of the specialty items cost Vendor $100 from the manufacturer and Vendor proposed a Percentage Markup of 30% here, then Vendor could sell the item to the TIPS Customer for $130.00 or less in this example. Vendor must provide TIPS with manufacturer documentation reflecting the cost of any non pre-priced item at the time of the TIPS sale so that TIPS can verify that the proposed percentage markup is being honored. What is Vendor's Percentage Markup of items not Pre-Priced within the RS Means Price Book? If you do not intend to propose on Part 2, you may enter a "0" in order to continue. 20% Vendor: Vortex Companies 231102Page 12 of 34 pages Contract Packet - 32 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E 4 3 REQUIRED FOR PART 2 - TIPS Pricing and Line Item Estimate Pricing Requirements This is a requirement of the Part 2 TIPS Contract and is non-negotiable. If you are not proposing on Part 2, you must still agree to proceed but it will not apply to you unless you decide to propose and are awarded on Part 2. Vendor must respond to the required pricing attributes above seeking RS Means coefficients and a percentage markup if seeking to propose on Part 2. If awarded on Part 2 of this TIPS Contract, for the duration of the contract, Vendor agrees to provide a RS Means line-item estimate to TIPS for each anticipated Part 2 TIPS project or sale. Or, in limited circumstances in contracts where Xactimate pricing is also expressly permitted and Vendor also submits Xactimate pricing under Part 2, Vendor may instead provide an Xactimate line-item estimate to TIPS. However, Vendor agrees that when a TIPS Member Customer seeks a quote for a Part 2 TIPS sale, Vendor will always supply a line-item estimate to TIPS for review and approval. Yes, Vendor agrees 4 4 EXCEPTIONS & DEVIATIONS TO TIPS STANDARD TERMS AND CONDITIONS Vendor agrees that, if awarded, Vendor's final TIPS Part 1 and/or Part 2 Contract will consist of the provisions set forth in the finalized TIPS Vendor Agreement, Vendor's responses to these attribute questions, and: (1) The corresponding TIPS solicitation document resulting in this Agreement; (2) Any addenda or clarifications issued in relation to the corresponding TIPS solicitation; (3) All solicitation information provided to Vendor by TIPS through the TIPS eBid System; (3) Vendor’s entire proposal response to the corresponding TIPS solicitation including all accepted required attachments, acknowledged notices and certifications, accepted negotiated terms, accepted pricing, accepted responses to questions, and accepted written clarifications of Vendor’s proposal, and; any properly included attachments to the TIPS Contract. In the event of conflict between the terms of the finalized Vendor Agreement and one of the incorporated documents the terms and conditions which are in the best interest of governmental/qualifying non-profit TIPS Members shall control at TIPS sole discretion. If Vendor responds, "No, Vendor does not agree" to this Attribute, after this solicitation legally closes and TIPS begins evaluating Vendor's file, TIPS will provide Vendor with a draft Word Document version of the Vendor Agreement and will be instructed to include all requested negotiations as redline edits for TIPS consideration. This is the only proper way to submit proposed deviations for TIPS consideration. TIPS reserves the right to accept, decline, or modify Vendor's requested negotiated terms. For this reason, answering "No, Vendor does not agree" may ultimately delay or prevent award. Does Vendor agree with TIPS standard terms and conditions as presented in the TIPS solicitation document (RFP, RCSP, RFQ, or other) and the TIPS Vendor Agreement document? Yes, Vendor agrees Vendor: Vortex Companies 231102Page 13 of 34 pages Contract Packet - 33 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E 4 5 TIPS Sales Reporting Requirements This is a requirement of the TIPS Contract and is non-negotiable. By submitting this proposal, Vendor certifies that Vendor will properly report all TIPS sales. With the exception of TIPS Automated Vendors, who have signed an exclusive agreement with TIPS regarding reporting, all TIPS Sales must be reported to TIPS by either: (1) Emailing the purchase order or similar purchase document (with Vendor’s Name, as known to TIPS, and the TIPS Contract Name and Number included) to TIPS at tipspo@tips-usa.com with “Confirmation Only” in the subject line of the email within three business days of Vendor’s acceptance of the order, or; (2) Within 3 business days of the order being accepted by Vendor, Vendor must login to the TIPS Vendor Portal and successfully self-report all necessary sale information within the Vendor Portal and confirm that it shows up accurately on your current Vendor Portal statement. No other method of reporting is acceptable unless agreed to by the Parties in writing. Failure to report all sales pursuant to this provision may result in immediate cancellation of Vendor’s TIPS Contract(s) for cause at TIPS’ sole discretion. 4 6 TIPS Administration Fee Requirement and Acknowledgment This is a requirement of the TIPS Contract and is non-negotiable. The collection of fees by TIPS, a government entity, for performance of these procurement services is required pursuant to Texas Government Code Section 791.011 et. seq. The TIPS Administration Fee is the amount legally owed by Vendor to TIPS for TIPS Sales made by Vendor. The TIPS Administration Fee amount is typically a set percentage of each TIPS Sale legally due to TIPS, but the exact TIPS Administration Fee for this Contract is published in the corresponding RFP or RCSP document. TIPS Administration Fees are due to TIPS immediately upon Vendor’s receipt of payment, including partial payment, for a TIPS Sale. By submitting a proposal, Vendor agrees that it has read, understands, and agrees to the published TIPS Administration Fee amount, calculation, and payment requirements. By submitting a proposal Vendor further confirms that all TIPS Pricing includes the TIPS Administration Fee and Vendor will not show adding the TIPS Administration Fee as a charge or line-item in any TIPS Sale. 4 7 TIPS Member Access to Vendor Proposal & Documentation This is a requirement of the TIPS Contract and is non-negotiable. Notwithstanding any other information provided in this solicitation or Vendor designation of certain documentation as confidential or proprietary, Vendor’s submission of this proposal constitutes Vendor’s express consent to the disclosure of Vendor’s comprehensive proposal, including any information deemed confidential or proprietary, to TIPS Members. The proposing Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of information or documentation to TIPS Members or by TIPS Members. By submitting this proposal, Vendor certifies the foregoing. Vendor: Vortex Companies 231102Page 14 of 34 pages Contract Packet - 34 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E 4 8 Non-Collusive Bidding Certificate This is a requirement of the TIPS Contract and is non-negotiable. By submission of this proposal, the Vendor certifies that: 1) This proposal has been independently arrived at without collusion with any other entity, bidder, or with any competitor; 2) This proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of bids, or proposals for this project, to any other bidder, competitor or potential competitor: 3) No attempt has been or will be made to induce any other person, partnership or corporation to modify, submit, or not to submit a bid or proposal; and 4) The person signing this bid or proposal certifies that they are duly authorized to execute this proposal/contract on behalf of Vendor and they have fully informed themselves regarding the accuracy of the statements contained in this certification, and under the penalties being applicable to the bidder as well as to the person signing in its behalf; 4 9 Antitrust Certification Statements (Tex. Government Code § 2155.005) This is a requirement of the TIPS Contract and is non-negotiable. By submission of this bid or proposal, Vendor certifies under penalty of perjury of the laws of the State of Texas that: (1) I am duly authorized to execute this proposal/contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Vendor) identified herein; (2) In connection with this proposal, neither I nor any representative of Vendor has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this proposal, neither I nor any representative of the Vendor has violated any federal antitrust law; (4) Neither I nor any representative of Vendor has directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company. 5 0 Limitation on Out-of-State Litigation - Texas Business and Commerce Code § 272 This is a requirement of the TIPS Contract and is non-negotiable. Texas Business and Commerce Code § 272 prohibits a construction contract, or an agreement collateral to or affecting the construction contract, from containing a provision making the contract or agreement, or any conflict arising under the contract or agreement, subject to another state’s law, litigation in the courts of another state, or arbitration in another state. If included in Texas construction contracts, such provisions are voidable by a party obligated by the contract or agreement to perform the work. By submission of this proposal, Vendor acknowledges this law and if Vendor enters into a construction contract with a Texas TIPS Member under this procurement, Vendor certifies compliance. Vendor: Vortex Companies 231102Page 15 of 34 pages Contract Packet - 35 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E 5 1 Required Confidentiality Claim Form This is a requirement of the TIPS Contract and is non-negotiable. TIPS provides the required TIPS Confidentiality Claim Form in the "Attachments" section of this solicitation. Vendor must execute this form by either signing and waiving any confidentiality claim, or designating portions of Vendor's proposal confidential. If Vendor considers any portion of Vendor's proposal to be confidential and not subject to public disclosure pursuant to Chapter 552 Texas Gov’t Code or other law(s) and orders, Vendor must have identified the claimed confidential materials through proper execution of the Confidentiality Claim Form. If TIPS receives a public information act or similar request, any responsive documentation not deemed confidential by you in this manner will be automatically released. For Vendor documents deemed confidential by you in this manner, TIPS will follow procedures of controlling statute(s) regarding any claim of confidentiality and shall not be liable for any release of information required by law, including Attorney General determination and opinion. Notwithstanding any other Vendor designation of Vendor's proposal as confidential or proprietary, Vendor’s submission of this proposal constitutes Vendor’s agreement that proper execution of the required TIPS Confidentiality Claim Form is the only way to assert any portion of Vendor's proposal as confidential. 5 2 Non-Discrimination Statement and Certification This is a requirement of the TIPS Contract and is non-negotiable. In accordance with Federal civil rights law, all U.S. Departments, including but not limited to the USDA, USDE, FEMA, are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by federal funds (not all bases apply to all programs). Vendor certifies that Vendor will comply with applicable Non-Discrimination and Equal Opportunity provisions set forth in TIPS Member Customers’ policies and other regulations at the local, state, and federal levels of governments. Yes, I certify 5 3 Limitation of Vendor Indemnification and Similar Clauses This is a requirement of the TIPS Contract and is non-negotiable. TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I Agree Vendor: Vortex Companies 231102Page 16 of 34 pages Contract Packet - 36 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E 5 4 Alternative Dispute Resolution Limitations This is a requirement of the TIPS Contract and is non-negotiable. TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement, except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Does Vendor agree? Yes, Vendor agrees 5 5 No Waiver of TIPS Immunity This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. Does Vendor agree? Yes, Vendor agrees 5 6 Payment Terms and Funding Out Clause This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body. Does Vendor agree? Yes, Vendor agrees 5 7 Certification Regarding Prohibition of Certain Terrorist Organizations (Tex. Gov. Code 2270) Vendor certifies that Vendor is not a company identified on the Texas Comptroller’s list of companies known to have contracts with, or provide supplies or services to, a foreign organization designated as a Foreign Terrorist Organization by the U.S. Secretary of State. Does Vendor certify? Yes, Vendor certifies Vendor: Vortex Companies 231102Page 17 of 34 pages Contract Packet - 37 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E 5 8 Certification Regarding Prohibition of Boycotting Israel (Tex. Gov. Code 2271) If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this Agreement or any agreement with a TIPS Member under this procurement has value of $100,000 or more, the following certification shall apply; otherwise, this certification is not required. Vendor certifies, where applicable, that neither the Vendor, nor any affiliate, subsidiary, or parent company of Vendor, if any, boycotts Israel, and Vendor agrees that Vendor and Vendor Companies will not boycott Israel during the term of this Agreement. For purposes of this Agreement, the term “boycott” shall mean and include refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory but does not include an action made for ordinary business purposes. When applicable, does Vendor certify? Yes, Vendor certifies 5 9 Certification Regarding Prohibition of Contracts with Certain Foreign-Owned Companies (Tex. Gov. Code 2274) Certain public entities are prohibited from entering into a contract or other agreement relating to critical infrastructure that would grant Vendor direct or remote access to or control of critical infrastructure in this state, excluding access specifically allowed by a customer for product warranty and support purposes. Vendor certifies that neither it nor its parent company nor any affiliate of Vendor or its parent company, is (1) owned by or the majority of stock or other ownership interest of the company is held or controlled by individuals who are citizens of China, Iran, North Korea, Russia, or a designated country; (2) a company or other entity, including governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; or (3) headquartered in China, Iran, North Korea, Russia, or a designated country. For purposes of this certification, “critical infrastructure” means “a communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility.” Vendor certifies that Vendor will not grant direct or remote access to or control of critical infrastructure, except for product warranty and support purposes, to prohibited individuals, companies, or entities, including governmental entities, owned, controlled, or headquartered in China, Iran, North Korea, Russia, or a designated country, as determined by the Governor. When applicable, does Vendor certify? Yes, Vendor certifies Vendor: Vortex Companies 231102Page 18 of 34 pages Contract Packet - 38 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E 6 0 Certification Regarding Prohibition of Discrimination Against Firearm and Ammunition Industries (Tex. Gov. Code 2274) If (a) Vendor is not a sole proprietorship; (b) Vendor has at least ten (10) full-time employees; and (c) this Agreement or any Supplemental Agreement with certain public entities have a value of at least $100,000 that is paid wholly or partly from public funds; (d) the Agreement is not excepted under Tex. Gov. Code 2274 and (e) the purchasing public entity has determined that Vendor is not a sole-source provider or the purchasing public entity has not received any bids from a company that is able to provide this written verification, the following certification shall apply; otherwise, this certification is not required. Vendor certifies that Vendor, or association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary parent company, or affiliate of these entities or associations, that exists to make a profit, does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of this contract against a firearm entity or firearm trade association. For purposes of this Agreement, “discriminate against a firearm entity or firearm trade association” shall mean, with respect to the entity or association, to: “(1) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (2) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (3) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association.” “Discrimination against a firearm entity or firearm trade association” does not include: “(1) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and (2) a company’s refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency, or for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity’s or association’s status as a firearm entity or firearm trade association.” When applicable, does Vendor certify? Yes, Vendor certifies 6 1 Certification Regarding Termination of Contract for Non-Compliance (Tex. Gov. Code 552.374) If Vendor is not a governmental body and (a) this Agreement or any Supplemental Agreement with a public entity has a stated expenditure of at least $1 million in public funds for the purchase of goods or services by certain public entities; or (b) this Agreement or any Supplemental Agreement results in the expenditure of at least $1 million in public funds for the purchase of goods or services by certain public entities in their fiscal year, the following certification shall apply; otherwise, this certification is not required. As required by Tex. Gov. Code 552.374, the following statement is included in the RFP and the Agreement (unless the Agreement is (1) related to the purchase or underwriting of a public security; (2) is or may be used as collateral on a loan; or (3) proceeds from which are used to pay debt service of a public security of loan): “The requirements of Subchapter J, Chapter 552, Government Code, may apply to this solicitation and Agreement and the Vendor agrees that this Agreement and any applicable Supplemental Agreement can be terminated if Vendor knowingly or intentionally fails to comply with a requirement of that subchapter.” Pursuant to Chapter 552 of the Texas Government Code, Vendor certifies that Vendor shall: (1) preserve all contracting information related to this Agreement as provided by the records retention requirements applicable to TIPS or the purchasing TIPS Member for the duration of the Agreement; (2) promptly provide to TIPS or the purchasing TIPS Member any contracting information related to the Agreement that is in the custody or possession of Vendor on request of TIPS or the purchasing TIPS Member; and (3) on completion of the Agreement, either (a) provide at no cost to TIPS or the purchasing TIPS Member all contracting information related to the Agreement that is in the custody or possession of Vendor, or (b) preserve the contracting information related to the Agreement as provided by the records retention requirements applicable to TIPS or the purchasing TIPS Member. When applicable, does Vendor certify? Yes, Vendor certifies Vendor: Vortex Companies 231102Page 19 of 34 pages Contract Packet - 39 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E 6 2 Certification Regarding Prohibition of Boycotting Certain Energy Companies (Tex. Gov. Code 2274) If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this Agreement or any Supplemental Agreement with certain public entities has a value of $100,000 or more that is to be paid wholly or partly from public funds, the following certification shall apply; otherwise, this certification is not required. Vendor certifies that Vendor, or any wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of these entities or business associations, if any, do not boycott energy companies and will not boycott energy companies during the term of the Agreement or any applicable Supplemental Agreement. For purposes of this certification the term “company” shall mean an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, that exists to make a profit. The term “boycott energy company” shall mean “without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company (a) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law, or (b) does business with a company described by paragraph (a).” (See Tex. Gov. Code 809.001). When applicable, does Vendor certify? Yes, Vendor certifies 6 3 Felony Conviction Notice - Texas Education Code 44.034 Texas Education Code, Section 44.034, Notification of Criminal History, Subsection (a), states, "a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony.” Subsection (b) states, "a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract.” Subsection (c) states, "This section does not apply to a publicly held corporation. Vendor certifies one of the following: A. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable, or; B. My firm is not owned nor operated by anyone who has been convicted of a felony, or; C. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony. If Vendor responds with Option (C), Vendor is required to provide information in the next attribute. B. My firm is not owned nor operated by felon. Vendor: Vortex Companies 231102Page 20 of 34 pages Contract Packet - 40 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E 6 4 Felony Conviction Notice - Texas Education Code 44.034 - Continued If Vendor selected Option (C) in the previous attribute, Vendor must provide the following information herein: 1. Name of Felon(s) 2. The Felon(s) title/role in Vendor's entity, and 3. Details of Felon(s) Conviction(s). No response 6 5 Conflict of Interest Questionnaire Requirement Vendor agrees that it has looked up, read, and understood the current version of Texas Local Government Code Chapter 176 which generally requires disclosures of conflicts of interests by Vendor hereunder if Vendor: (1) has an employment or other business relationship with a local government officer of our local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of our local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of our local governmental entity. (4) Any other financial, commercial, or familial relationship with our local government that may warrant reporting under this statute. Does Vendor certify that it has NO reportable conflict of interest? Yes, Vendor certifies - VENDOR HAS NO CONFLICT 6 6 Conflict of Interest Questionnaire Requirement - Form CIQ - Continued If you responded "No, Vendor does not certify - VENDOR HAS CONFLICT" to the Conflict of Interest Questionnaire question above, you are required by law to fully execute and upload the form attachment entitled "Conflict of Interest Questionnaire - Form CIQ." If you accurately claimed no conflict above, you may disregard the form attachment entitled "Conflict of Interest Questionnaire - Form CIQ." Have you uploaded this form if applicable? Not Applicable 6 7 Upload of Current W-9 Required Vendors are required by TIPS to upload a current, accurate W-9 Internal Revenue Service (IRS) Tax Form for your entity. This form will be utilized by TIPS to properly identify your entity. You must confirm that you are responding to this solicitation under your legal entity name. Go now to your Supplier Profile in this eBid System and confirm that your profile reflects your "Legal Name" as it is listed on your W9. 6 8 Regulatory Good Standing Certification Does Vendor certify that its entity is in good standing will all government entities and agencies, whether local, state, or federal, that regulate any aspect of Vendor's field of work or business operations? If Vendor selects "No", Vendor must provide explanation on the following attribute question. Yes, Vendor certifies Vendor: Vortex Companies 231102Page 21 of 34 pages Contract Packet - 41 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E 6 9 Regulatory Good Standing Certification - Explanation - Continued If Vendor responded to the prior attribute that "No", Vendor is not in good standing, Vendor must provide an explanation of that lack of good standing here for TIPS consideration. No response 7 0 Instructions Only - Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Instructions for Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion 1. By answering yes to the next Attribute question below, the vendor and prospective lower tier participant is providing the certification set out herein in accordance with these instructions. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and / or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,” “participants,” “person,” “primary covered transaction,” “principal,” “proposal” and “voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction” without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and / or debarment. Vendor: Vortex Companies 231102Page 22 of 34 pages Contract Packet - 42 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E 7 1 Suspension or Debarment Certification Read the instructions in the attribute above and then answer the following accurately. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Does Vendor certify? Yes, Vendor certifies 7 2 Vendor Certification of Criminal History - Texas Education Code Chapter 22 Texas Education Code Chapter 22 requires entities that contract with school districts to provide services to obtain criminal history record information regarding covered employees. Contractors must certify to the district that they have complied. Covered employees with disqualifying criminal histories are prohibited from serving at a school district pursuant to this law. DEFINITIONS Covered employees: Employees of a contractor or subcontractor who have or will have continuing duties related to the service to be performed at the District and have or will have direct contact with students. The District will be the final arbiter of what constitutes direct contact with students. Disqualifying criminal history: Any conviction or other criminal history information designated by the District, or one of the following offenses, if at the time of the offense, the victim was under 18 or enrolled in a public school: (a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law or the laws of another state. Vendor certifies: NONE (Section A): None of the employees of Vendor and any subcontractors are covered employees, as defined above. If this box is checked, I further certify that Contractor has taken precautions or imposed conditions to ensure that the employees of Vendor and any subcontractor will not become covered employees. Contractor will maintain these precautions or conditions throughout the time the contracted services are provided under this procurement. OR SOME (Section B): Some or all of the employees of Vendor and any subcontractor are covered employees. If this box is checked, I further certify that: (1) Vendor has obtained all required criminal history record information regarding its covered employees. None of the covered employees has a disqualifying criminal history; (2) If Vendor receives information that a covered employee subsequently has a reported criminal history, Vendor will immediately remove the covered employee from contract duties and notify the purchasing entity in writing within 3 business days; (3) Upon request, Vendor will provide the purchasing entity with the name and any other requested information of covered employees so that the purchasing entity may obtain criminal history record information on the covered employees; (4) If the purchasing entity objects to the assignment of a covered employee on the basis of the covered employee's criminal history record information, Vendor agrees to discontinue using that covered employee to provide services at the purchasing entity. Which option does Vendor certify? Yes, I certify - NONE (Section A) Vendor: Vortex Companies 231102Page 23 of 34 pages Contract Packet - 43 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E 7 3 Certification Regarding "Choice of Law" Terms with TIPS Members Vendor agrees that if any "Choice of Law" provision is included in any sales agreement/contract between Vendor and a TIPS Member, that clause must provide that the "Choice of Law" applicable to the sales agreement/contract between Vendor and TIPS Member shall be the state where the TIPS Member operates unless the TIPS Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing a "Choice of Law" clause that conflicts with these terms is rendered void and unenforceable. If Vendor disagrees, after this solicitation legally closes and TIPS begins evaluating Vendor's file, TIPS will provide Vendor with a draft Word Document version of the Vendor Agreement and will be instructed to include all requested negotiations as redline edits for TIPS consideration. Does Vendor agree? Yes, Vendor agrees 7 4 Certification Regarding "Venue" Terms with TIPS Members Vendor agrees that if any "Venue" provision is included in any sales agreement/contract between Vendor and a TIPS Member, that clause must provide that the "Venue" for any litigation or alternative dispute resolution is shall be in the state and county where the TIPS Member operates unless the TIPS Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing a "Venue" clause that conflicts with these terms is rendered void and unenforceable. If Vendor disagrees, after this solicitation legally closes and TIPS begins evaluating Vendor's file, TIPS will provide Vendor with a draft Word Document version of the Vendor Agreement and will be instructed to include all requested negotiations as redline edits for TIPS consideration. Does Vendor agree? Yes, Vendor agrees 7 5 Certification Regarding "Automatic Renewal" Terms with TIPS Members Vendor agrees that no TIPS Sale may incorporate an "Automatic Renewal" clause that exceeds month to month terms with which the TIPS Member must comply. All renewal terms incorporated into a TIPS Sale Supplemental Agreement shall only be valid and enforceable when Vendor received written confirmation of acceptance of the renewal term from the TIPS Member for the specific renewal term. The purpose of this clause is to avoid a TIPS Member inadvertently renewing a Supplemental Agreement during a period in which the governing body of the TIPS Member has not properly appropriated and budgeted the funds to satisfy the Agreement renewal. Any TIPS Sale Supplemental Agreement containing an "Automatic Renewal" clause that conflicts with these terms is rendered void and unenforceable. If Vendor disagrees, after this solicitation legally closes and TIPS begins evaluating Vendor's file, TIPS will provide Vendor with a draft Word Document version of the Vendor Agreement and will be instructed to include all requested negotiations as redline edits for TIPS consideration. Does Vendor agree? Yes, Vendor agrees Vendor: Vortex Companies 231102Page 24 of 34 pages Contract Packet - 44 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E 7 6 Certification Regarding "Indemnity" Terms with TIPS Members Texas and other jurisdictions restrict the ability of governmental entities to indemnify others. Vendor agrees that if any "Indemnity" provision which requires the TIPS Member to indemnify Vendor is included in any sales agreement/contract between Vendor and a TIPS Member, that clause must either be stricken or qualified by including that such indemnity is only permitted, "to the extent permitted by the laws and constitution of [TIPS Member's State]" unless the TIPS Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing an "Indemnity" clause that conflicts with these terms is rendered void and unenforceable. If Vendor disagrees, after this solicitation legally closes and TIPS begins evaluating Vendor's file, TIPS will provide Vendor with a draft Word Document version of the Vendor Agreement and will be instructed to include all requested negotiations as redline edits for TIPS consideration. Does Vendor agree? Yes, Vendor agrees 7 7 Certification Regarding "Arbitration" Terms with TIPS Members Vendor agrees that if any "Arbitration" provision is included in any TIPS Sale agreement/contract between Vendor and a TIPS Member, that clause may not require that the arbitration is mandatory or binding. Vendor agrees that if any "Arbitration" provision is included in any TIPS Sale agreement/contract between Vendor and a TIPS Member, that clause provides for only voluntary and non-binding arbitration unless the TIPS Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing a “Arbitration” clause that conflicts with these terms is rendered void and unenforceable. If Vendor disagrees, after this solicitation legally closes and TIPS begins evaluating Vendor's file, TIPS will provide Vendor with a draft Word Document version of the Vendor Agreement and will be instructed to include all requested negotiations as redline edits for TIPS consideration. Does Vendor agree? Yes, Vendor agrees 7 8 2 CFR PART 200 AND FEDERAL CONTRACT PROVISIONS EXPLANATION TIPS and TIPS Members will sometimes seek to make purchases with federal funds. In accordance with 2 C.F.R. Part 200 of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (sometimes referred to as “EDGAR”),Vendor's response to the following questions labeled "2 CFR Part 200 or Federal Provision" will indicate Vendor's willingness and ability to comply with certain requirements which may be applicable to TIPS purchases paid for with federal funds, if accepted by Vendor. Your responses to the following questions labeled "2 CFR Part 200 or Federal Provision" will dictate whether TIPS can list this awarded contract as viable to be considered for a federal fund purchase. Failure to certify all requirements labeled "2 CFR Part 200 or Federal Provision" will mean that your contract is listed as not viable for the receipt of federal funds. However, it will not prevent award. If you do enter into a TIPS Sale when you are accepting federal funds, the contract between you and the TIPS Member will likely require these same certifications. Vendor: Vortex Companies 231102Page 25 of 34 pages Contract Packet - 45 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E 7 9 2 CFR Part 200 or Federal Provision - Vendor Willingness to Accept Federal Funds This certification is not required by federal law. However, TIPS Members are public entities and qualifying non- profits which often receive federal funding and grants (ESSER, CARES Act, EDGAR, etc.) Accepting such funds often requires additional required certifications and responsibilities for Vendor. The following attribute questions include these required certifications. Your response to this questions, the following certifications, and other factors will determine whether your contract award will be deemed as eligible for federal fund expenditures by TIPS Members. If awarded, is Vendor willing to accept payment for goods and services offered under this contract paid for by a TIPS Member with federal funds? Yes 8 0 2 CFR Part 200 or Federal Provision - Contracts Contracts for more than the simplified acquisition threshold currently set at $250,000 (2 CFR § 200.320), which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Notice: Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members reserve all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party. Does vendor agree? Yes, Vendor agrees 8 1 2 CFR Part 200 or Federal Provision - Termination Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members reserve the right to terminate any agreement in excess of $10,000 resulting from this procurement process for cause after giving the vendor an appropriate opportunity and up to 30 days, to cure the causal breach of terms and conditions. ESC Region 8 and TIPS Members reserve the right to terminate any agreement in excess of $10,000 resulting from this procurement process for convenience with 30 days notice in writing to the awarded vendor. The Vendor would be compensated for work performed and goods procured as of the termination date if for convenience of the ESC Region 8 and TIPS Members. Any award under this procurement process is not exclusive and the ESC Region 8 and TIPS reserves the right to purchase goods and services from other vendors when it is in the best interest of the ESC Region 8 and TIPS. Does vendor agree? Yes, Vendor agrees Vendor: Vortex Companies 231102Page 26 of 34 pages Contract Packet - 46 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E 8 2 2 CFR Part 200 or Federal Provision - Clean Air Act Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Pursuant to the Clean Air Act, et al above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members require that the proposer certify that during the term of an award by the ESC Region 8 and TIPS Members resulting from this procurement process the vendor agrees to comply with all of the above regulations, including all of the terms listed and referenced therein. Does vendor agree? Yes, Vendor agrees 8 3 2 CFR Part 200 or Federal Provision - Byrd Anti-Lobbying Amendment Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members require the proposer certify that during the term and during the life of any contract with ESC Region 8 and TIPS Members resulting from this procurement process the vendor certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Does Vendor agree? Yes, Vendor agrees Vendor: Vortex Companies 231102Page 27 of 34 pages Contract Packet - 47 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E 8 4 2 CFR Part 200 or Federal Provision - Byrd Anti-Lobbying Amendment - Continued Applicable to Grants, Subgrants, Cooperative Agreements, and Contracts Exceeding $100,000 in Federal Funds Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “disclosure Form to Report Lobbying,” in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all covered subawards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly. Does Vendor certify that it has NOT lobbied as described herein? Yes, Vendor certifies - NO Reportable Lobbying 8 5 2 CFR Part 200 or Federal Provision - Byrd Anti-Lobbying Amendment - Continued If you answered "No, Vendor does not certify - Lobbying to Report" to the above attribute question, you must download, read, execute, and upload the attachment entitled "Disclosure of Lobbying Activities - Standard Form - LLL", as instructed, to report the lobbying activities you performed or paid others to perform. 8 6 2 CFR Part 200 or Federal Provision - Federal Rule Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $100,000) Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members requires the proposer certify that in performance of the contracts, subcontracts, and subgrants of amounts in excess of $250,000, the vendor will be in compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). Does vendor certify compliance? Yes, Vendor certifies Vendor: Vortex Companies 231102Page 28 of 34 pages Contract Packet - 48 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E 8 7 2 CFR Part 200 or Federal Provision - Procurement of Recovered Materials A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) 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; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Does vendor certify that it is in compliance with these provisions? Yes, Vendor certifies 8 8 2 CFR Part 200 or Federal Provision - Rights to Inventions If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Pursuant to the above, when the foregoing applies to ESC Region 8 and TIPS Members, Vendor certifies that during the term of an award resulting from this procurement process, Vendor agrees to comply with all applicable requirements as referenced in the Federal rule above. Does vendor certify? Yes, Vendor certifies Vendor: Vortex Companies 231102Page 29 of 34 pages Contract Packet - 49 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E 8 9 2 CFR Part 200 or Federal Provision - Domestic Preferences for Procurements and Compliance with Buy America Provisions As appropriate and to the extent consistent with law, TIPS Member Customers, to the greatest extent practicable under a Federal award, may provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). Vendor agrees that the requirements of this section will be included in all subawards including all contracts and purchase orders for work or products under this award, to the greatest extent practicable under a Federal award. For purposes of 2 CFR Part 200.322, “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stag through the application of coatings, occurred in the United States. Moreover, for purposes of 2 CFR Part 200.322, “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum, plastics and polymer-based products such as polyvinyl chloride pipe, aggregates such as concrete, glass, including optical fiber, and lumber. Vendor certifies that it is in compliance with all applicable provisions of the Buy America Act. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition. For purposes of 2 CFR Part 200.322, “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies that to the greatest extent practicable Vendor will provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). Does Vendor Certify? Yes, Vendor certifies 9 0 2 CFR Part 200 or Federal Provision - Ban on Foreign Telecommunications ESC 8 and TIPS Members are prohibited from obligating or expending Federal financial assistance, to include loan or grant funds, to: (1) procure or obtain, (2) extend or renew a contract to procure or obtain, or (3) enter into a contract (or extend or renew a contract) to procure or obtain, equipment, services, or systems that use “covered telecommunications” equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. “Covered telecommunications” equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities), and physical security surveillance of critical infrastructure and other national security purposes, and video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes detailed in 2 CFR § 200.216. Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies that Vendor will not purchase equipment, services, or systems that use “covered telecommunications”, as defined by 2 CFR §200.216 equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Does vendor certify? Yes, Vendor certifies Vendor: Vortex Companies 231102Page 30 of 34 pages Contract Packet - 50 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E 9 1 2 CFR Part 200 or Federal Provision - Contract Cost & Price For contracts more than the simplified acquisition threshold currently set at $250,000, a TIPS Member may, in very rare circumstances, be required to negotiate profit as a separate element of the price pursuant to 2 C.F.R. 200.324(b). Under those circumstances, Vendor agrees to provide information and negotiate with the TIPS Member regarding profit as a separate element of the price. However, Vendor certifies that the total price charged by the Vendor shall not exceed the Vendor’s TIPS pricing and pricing terms proposed. Does Vendor certify? Yes, Vendor certifies 9 2 2 CFR Part 200 or Federal Provision - Equal Employment Opportunity Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must 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.” Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members on any federally assisted construction contract, the equal opportunity clause is incorporated by reference here. Does Vendor Certify? Yes, Vendor certifies 9 3 2 CFR Part 200 or Federal Provision - Davis Bacon Act Compliance Texas Statute requires compliance with Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non- Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 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. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. Pursuant to state and federal requirements, Vendor certifies that it will be in compliance with all applicable Davis-Bacon Act provisions if/when applicable. Does Vendor certify? Yes, Vendor certifies Vendor: Vortex Companies 231102Page 31 of 34 pages Contract Packet - 51 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E 9 4 2 CFR Part 200 or Federal Provision - Contract Work Hours and Safety Standards Where applicable, all contracts awarded by ESC 8 and TIPS Members in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies that during the term of an award for all contracts resulting from this procurement process, Vendor will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act. Does Vendor certify? Yes, Vendor certifies 9 5 2 CFR Part 200 or Federal Provision - FEMA Fund Certification & Certification of Access to Records If and when Vendor accepts a TIPS purchase paid for in full or part with FEMA funds, Vendor certifies that: (1) Vendor agrees to provide the TIPS Member, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to and rights to reproduce any books, documents, papers, and records of the Contractor which are directly pertinent to this contract, or any contract resulting from this procurement, for the purposes of making audits, examinations, excerpts, and transcriptions. This right also includes timely and reasonable access to Vendor's personnel for the purpose of interview and discussion relating to such documents. Vendor agrees to provide the FEMA Administrator or an authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. Vendor acknowledges and agrees that no language in this contract or the contract with the TIPS Member is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. (2) The Vendor shall not use the Department of Homeland Security’s seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. (3) The Vendor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. (4) The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. (5) The Vendor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Vendor’s actions pertaining to this contract. Does Vendor certify? Yes, Vendor certifies 9 6 2 CFR Part 200 or Federal Provision - Certification of Compliance with the Energy Policy and Conservation Act When appropriate and to the extent consistent with the law, Vendor certifies that it will comply with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq; 49 C.F.R. Part 18) and any state mandatory standards and policies relating to energy efficiency which are contained in applicable state energy conservation plans issued in compliance with the Act. Does Vendor certify? Yes, Vendor certifies Vendor: Vortex Companies 231102Page 32 of 34 pages Contract Packet - 52 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E 9 7 2 CFR Part 200 or Federal Provision - Certification of Compliance with Never Contract with the Enemy Where applicable, all contracts awarded by ESC 8 and TIPS Members in excess of $50,000.00, within the period of performance, and which are performed outside of the United States, including U.S. territories, are subject to the regulations implementing Never Contract with the Enemy in 2 CFR part 183. Per 2 CFR part 183, in the situation specified, ESC 8 and TIPS Members shall terminate any contract or agreement resulting from this procurement which violates the Never Contract with the Enemy regulation in 2 CFR part 183, including if Vendor is actively opposing the United States or coalition forces involved in a contingency operation in which members of the the Armed Forces are actively engaged in hostilities. Vendor certifies that it is neither an excluded entity under the System for Award Management (SAM) nor Federal Awardee Performance and Integrity Information System (FAPIIS) for any contract terminated due to Never Contract with the Enemy as a Termination for Material Failure to Comply. Does Vendor certify? Yes, Vendor certifies 9 8 2 CFR Part 200 or Federal Provision - Certification of Compliance with EPA Regulations For contracts resulting from this procurement, in excess of $100,000.00 and paid for with federal funds, Vendor certifies that Vendor will comply with all applicable standards, orders, regulations, and/or requirements issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15. Does Vendor certify? Yes, Vendor certifies 9 9 2 CFR Part 200 or Federal Provision - Record Retention Requirements For contracts resulting from this procurement, paid for by ESC 8 or TIPS Members with federal funds, Vendor certifies that Vendor will comply with the record retention requirements detailed in 2 CFR § 200.334. Vendor certifies that Vendor will retain all records as required by 2 CFR § 200.334 for a period of three years after final expenditure or financial reports, as applicable, and all other pending matters are closed. Does Vendor certify? Yes, Vendor certifies 1 0 0 2 CFR Part 200 or Federal Provision - Subcontracting and Affirmative Steps for Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Area Firms. Do you ever anticipate the possibility of subcontracting any of your work under this award if you are successful? If you respond "Yes", you must respond to the following attribute question accurately. If you respond "No", you may skip the following attribute question. YES Vendor: Vortex Companies 231102Page 33 of 34 pages Contract Packet - 53 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E 1 0 1 2 CFR Part 200 or Federal Provision - If "Yes" Response to Above Attribute - Continued - Subcontracting and Affirmative Steps for Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Area Firms. Only respond to this question if you responded "Yes" to the attribute question directly above. Skip this question if you responded "No" to the attribute question directly above. Does Vendor certify that it will follow the following affirmative steps? Federal Regulation 2 CFR §200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. (a)The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce ; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs(1) through (5) of this section. Does Vendor certify? Yes, Vendor certifies 1 0 2 ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. Vendor: Vortex Companies 231102Page 34 of 34 pages Contract Packet - 54 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E TIPS 231102 Pipe Bursting (Part 1) Vortex Companies, LLC Customer Entity Name Customer Contact NValid Contact Email Valid Contact Phone Example: ABC University Director John Doe jdoe@abcuniverisity.edu 800-111- 2222 Decatur Utilities (AL) Dustin Chambers dchambers@decaturutilities.com 256-654-0493 Mendez Engineering (SAWS)Marcus Cantu mcantu@mendezengineering.com 210-581-0355 City of Deer Park (TX) Brent Costlow bcostlow@deerparktx.org 281-420-7229 City of Duncanville (TX)Alan Brown abrown@duncanville.com 972-707-3872 City of Houston (TX) Brian Campbell brian.campbell@houtontx.gov 832-474-2967 TIPS REFERENCE FORMAll requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference The entities that you provide must be paying customers not You must provide below at least five (5) references from five different entity customers, preferably government or non-profit entities, who have purchased goods or services from your vendor entity within the last three years Contract Packet - 55 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E 7,36&2175$&7BBBBBBBBBBBBBBBBBBBB 5(48,5('&21),'(17,$/,7<&/$,0)250 (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: _________________________________________________________________________________________ Vendor Authorized Signatory Name: _____________________________________________________________________________ Vendor Authorized Signatory Title: ______________________________________________________________________________ Vendor Authorized Signatory Email: _____________________________________________________________________________ Vendor Address: _____________________________________________________________________________________________ City: _______________________________________________________________ State: ____________ Zip Code: _____________ Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to TIPS by Vendor and its agents) (Hereinafter, “Vendor Data”) to TIPS. Vendor understands and agrees that TIPS is a government entity subject to public information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS Members. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws,including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If TIPS receives a request, any responsive documentation not deemed confidential by you through proper execution of Option 1 of this form will be automatically released. For information deemed confidential by you through proper execution of Option 1 of this form, TIPS will follow procedures of controlling statute(s) regarding withholding that documentation and shall not be liable for any release of information required by law, including Attorney General opinion or court order. (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) 237,21±'(6,*1$7,1*&21),'(17,$/ 0$7(5,$/6±<(69(1'25+$6 $77$&+(' &21),'(17,$/0$7(5,$/6 (Confirm each bullet point and sign below) ƒVendor claims some Vendor Data confidential to the extent permitted by TGC Chapter 552 and other applicable law. ƒVendor attached to this PDF all potentially confidential Vendor Data and listed the number of attached pages below. ƒVendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ƒVendor agrees that TIPS shall not be liable for any release of confidential information required by law. Number of pages attached deemed confidential: ____________ Authorized Signature: ________________________________ 237,21±:$,9(52)&21),'(17,$/,7<±12 9(1'25+$6127$77$&+(' &21),'(17,$/ 0$7(5,$/6 (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ƒVendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ƒVendor agrees that TIPS shall not be liable for any release of confidential information required by law. Authorized Signature: ________________________________ quired d ddd ddddddddddddddd bybybybybybybyybybybbbybbbybbybybybybybybybybbyybbbybbbybybbybbyyyyyyy law. __________________________________________________________________________________________________________________ City:_________________________________________________________________ State: ______________ __Zip Code:_____________ Vendor aagrgees that it is vollunntataririlyly pproviding its data (including but not limited to: Vendor information, Vendor documentationn, VeVendnor’s propossal, Venddoro pricing subumitttteded orr providideded ttoo TITIPSPS,, TITPS contract documents, TIPS correspondence, Vendor logos and images, Vendoor’s conntatactc informatitionon, VeVV dndor’s bbroorochcures and comommercial information, Vendor’s financial information, Vendor’s certiffiications, anandd any other Vendoror infnormaatition oor documentation suubmbmitittetedd toto TIPS by Vendor and its agents) (Hereinaffteter, “Vendor Datata”) to TIPS. Vendorr understands and agrrees s thhata TIPS is a government entntitityy subjjecectt toto ppubulic information lawsws iincludingg bubt not limmited to Texas Govovernment Code (TGCC))Chapptetr 5552.2 Vendor aggrees ththata regardless ofof connfifidedentiality designatiioons herein, Veendor’s suubmissiionnon oofff aa prprpropopoposososalal cococonsnstititututeetess VeVendndndororor’sss cconoseseentnnt ttoo ththeee didsclolosure andnd release oof VeVendorr’s Data and compmprerehensivvee prproposal, inincluddingg aanny iinfoormmatataion n ddeemmed coonfiddentiaiaial orrr pprroprrrieietaryyy heerein,to and byy TITPS Meembbers. NoNtwithstandinng tthe foreregooing permmissiblblee rereleleeasase e totot TTIPS MeMeMembmers, if Vendor cononsiders any portion of Vendor’s proposal to be ootherwise conffidenntial and nnot sububjeecttc to ppublic ddisccloosure puurrsruaant to publblic infnforormatitionn llawas,including but not limited to TGC Chapter 5552,2 Vendoorr mmustst pppropepeerlrlrlyy exxecececutututeee Opptitiionono 1 onnlyly bebebelow,ww,aattttach to this PDF all documements and information thatat VVendor deems coonfidenntial, and upload the conssolidated docummeentation. Regardless of the Option selectedd bbeloww, ththisis foform must bebe ccompleted and upplloadadeded toto tthe “Response AAttttacachmments” section oof the eBid SySysttemem entitled “Required Confidentiality Claim Formm.” Execution and submbmisissisionon of this form is thehe sosolele iindnicator of whether Vendorr ccononosisders any Vendor Data confidential in the event TTIPS receives a requesest, a Public Information Request,or subpoena. If TIPS receives a request, any responsive doocucumementation not deemeed confidential by you ththrough proper execution of Opptitionon 11 off this form willl bbe automatically rereleleasaseded. For informationn deemed confidential by you through prop rer exexececututioionn fof OOption 1 of this form, TIPS will follow proceddures of controlling statute(s) reregagardrdiningg withholding that documentation and shalal not be liable for any release of information required by law, including Attorney General opinion or court order. (VENDOR MMUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM)MM 237,21±'(6,*1$7,1*&21),'(17,$$// 0$7(5,$/6±<(69(1'25+$6 $$$$$$77777777$&+(' &21),'(17,$/0$7(5,$/6 (Confirm each bullet point and sign below) ƒVendor claims some Vendor Data confidential to the exxtent permitted by TGC Chapter 552 and other applicable law. 23237,7,212±:$,$,9(9(5522)&&2121),),'(17,$/,7<±12 9(1'25+$66 1217$77$&+(''&21),'(17,$/ 0$7(5,$//66 (Confirm each bullet point and signn beloww) By signing for Option 2 below, Vendodor exxpressly waives any confidentiality claim for all Vendor Datta a ssubmitted in relation to this proposal and resulting contract Vendor confirms that 231102 Vortex Companies, LLC Ryan Graham Senior Vice President rgraham@vortexcompanies.com 18150 Imperial Valley Dr. Houston TX 77060 Contract Packet - 56 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E Aaron P. Clark Telephone No.: 713-458-5407 Fax No.: 713-430-5407 E-Mail: aclark@lockton.com December 07, 2023 RE: Vortex Companies, LLC Vortex Services, LLC Statement of Bonding Capacity To Whom It May Concern: Since 2016, Vortex Companies, LLC has been bonded with multiple surety partners, including Harco National Insurance Company, maintaining an A.M. Best Rating of “A” with a financial rating of A- (Excellent). The sureties who support Vortex Services, LLC provide in excess of $200 million in aggregate bonding capacity with single job support in excess of $15 million. Current available aggregate capacity is in excess of $65,000,000. At the request of Vortex Companiess, LLC, we would provide performance and payment bonds through Harco National Insurance Company, subject to review and acceptance of the contract term, bond forms, evidence of adequate financing (if so deemed necessary) and all other usual and customary underwriting criteria employed by any surety. You understand, of course, that any arrangement for final bonds is a matter between our surety partners and Vortex Companies, LLC, and that our surety partners assume no liability to you or to third parties, if, for any reason, we do not execute a final bond or bonds on this project. Our experience with Vortex Companies, LLC and their management team has been nothing but excellent and we highly recommend them for consideration on the referenced project. Should you require further information regarding this company, please feel free to contact me at (713) 458-5407. Sincerely, Aaron P. Clark Vice President, Lockton Companies Attorney-In-Fact, Harco National Insurance Company Lockton Companies 3657 Briarpark Dr., Suite 700 / Houston, TX 77042 713-458-5200 www.lockton.com Contract Packet - 57 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E Contract Packet - 58 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E VENDOR SUPPLEMENTAL INFORMATION TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. Contract Packet - 59 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E Vortex Companies Services: https://www.vortexcompanies.com/services/ Vortex Companies Products: https://www.vortexcompanies.com/products/ Contract Packet - 60 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E Exhibit B TIPS Pricing 231102-02 Contract Packet - 61 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E SECTION PART #ITEM DESCRIPTION UNITS LIST PRICE % Discount (Greater than Minimum Discount offered in Attribute Except in Limited Circumstances. See Attribute.) TIPS Price - Not to Exceed Section I: CIPP UV Cured Products I 1 UV Light Cured Spiral Wound Fiberglass Liner for CIPP Mainline Rehabilitation Gravity Applications and Related Items I 1A UV Light Cured CIPP: I.1A.001 6" X 2.8mm - CIPP UV Cure LF $112.20 10.00%$102.00 I.1A.002 8 X 2.8mm - CIPP UV Cure LF $97.90 10.00%$89.00 I.1A.003 10 X 2.8mm - CIPP UV Cure LF $119.90 10.00%$109.00 I.1A.004 12" X 2.8mm - CIPP UV Cure LF $130.90 10.00%$119.00 I.1A.005 15" X 3.5mm - CIPP UV Cure LF $137.50 10.00%$125.00 I.1A.006 18" X 4.2mm - CIPP UV Cure LF $180.40 10.00%$164.00 I.1A.007 21" X 4.9mm - CIPP UV Cure LF $231.00 10.00%$210.00 I.1A.008 24" x 5.6mm - CIPP UV Cure LF $289.30 10.00%$263.00 I.1A.009 27" x 5.6mm - CIPP UV Cure LF $378.40 10.00%$344.00 I.1A.010 30" x 5.6mm - CIPP UV Cure LF $412.50 10.00%$375.00 I.1A.011 33" x 5.6mm - CIPP UV Cure LF $467.50 10.00%$425.00 I.1A.012 36" x 5.6mm - CIPP UV Cure LF $522.50 10.00%$475.00 I.1A.013 42" x 8.4mm - CIPP UV Cure LF $805.20 10.00%$732.00 I.1A.014 48" x 8.4mm - CIPP UV Cure LF $928.40 10.00%$844.00 I.1A.015 54" x 10.8mm - CIPP UV Cure LF $1,340.90 10.00%$1,219.00 I.1A.016 60" x 12mm - CIPP UV Cure LF $1,719.30 10.00%$1,563.00 I.1A.017 66" x 13.5mm - CIPP UV Cure LF $1,994.30 10.00%$1,813.00 I.1A.018 72" x 15mm - CIPP UV Cure LF $2,406.80 10.00%$2,188.00 I.1A.019 CIPP UV Cure - 6" Pipe Segmental Patches EA $8,250.00 10.00%$7,500.00 I.1A.020 CIPP UV Cure - 8-12" Pipe Segmental Patches EA $9,281.80 10.00%$8,438.00 I.1A.021 CIPP UV Cure - 13-18" Pipe Segmental Patches EA $15,469.30 10.00%$14,063.00 I.1A.022 CIPP UV Cure - 19-24" Pipe Segmental Patches EA $18,219.30 10.00%$16,563.00 I.1A.023 CIPP UV Cure - 25-36" Pipe Segmental Patches EA $24,062.50 10.00%$21,875.00 I.1A.024 6" & 8" Additional 1.5mm - CIPP UV Cure LF $5.50 10.00%$5.00 I.1A.025 10" & 12" Additional 1.5mm - CIPP UV Cure LF $8.80 10.00%$8.00 I.1A.026 15" & 18" Additional 1.5mm - CIPP UV Cure LF $25.30 10.00%$23.00 I.1A.027 21" & 24" Additional 1.5mm - CIPP UV Cure LF $41.80 10.00%$38.00 I.1A.028 27" Additional 1.5mm - CIPP UV Cure LF $48.40 10.00%$44.00 I.1A.029 30" Additional 1.5mm - CIPP UV Cure LF $57.20 10.00%$52.00 I.1A.030 33" Additional 1.5mm - CIPP UV Cure LF $63.80 10.00%$58.00 I.1A.031 36" Additional 1.5mm - CIPP UV Cure LF $71.50 10.00%$65.00 I.1A.032 42" Additional 1.5mm - CIPP UV Cure LF $80.30 10.00%$73.00 I.1A.033 48" Additional 1.5mm - CIPP UV Cure LF $95.70 10.00%$87.00 I.1A.034 54" Additional 1.5mm - CIPP UV Cure LF $112.20 10.00%$102.00 I.1A.035 60" Additional 1.5mm - CIPP UV Cure LF $129.80 10.00%$118.00 I.1A.036 66" Additional 1.5mm - CIPP UV Cure LF $158.40 10.00%$144.00 I.1A.037 72" Additional 1.5mm - CIPP UV Cure LF $200.20 10.00%$182.00 I.1A.038 6" & 8" Additional .7mm - CIPP UV Cure LF $7.70 10.00%$7.00 I.1A.039 10" & 12" Additional .7mm - CIPP UV Cure LF $12.10 10.00%$11.00 I.1A.040 15" Additional .7mm - CIPP UV Cure LF $16.50 10.00%$15.00 I.1A.041 18" Additional .7mm - CIPP UV Cure LF $17.60 10.00%$16.00 I.1A.042 21" Additional .7mm - CIPP UV Cure LF $20.90 10.00%$19.00 I.1A.043 24" Additional .7mm - CIPP UV Cure LF $24.20 10.00%$22.00 I.1A.044 27" Additional .7mm - CIPP UV Cure LF $26.40 10.00%$24.00 I.1A.045 30" Additional .7mm - CIPP UV Cure LF $29.70 10.00%$27.00 I.1A.046 33" Additional .7mm - CIPP UV Cure LF $31.90 10.00%$29.00 I.1A.047 36" Additional .7mm - CIPP UV Cure LF $35.20 10.00%$32.00 I.1A.048 42" Additional .7mm - CIPP UV Cure LF $50.60 10.00%$46.00 I.1A.049 48" Additional .7mm - CIPP UV Cure LF $72.60 10.00%$66.00 I.1A.050 54" Additional .7mm - CIPP UV Cure LF $96.80 10.00%$88.00 VORTEX COMPANIES LLCTIPS 231102 Pipe Bursting (Part 1) If Vendor desires to list the services that Vendor sells by line-item, Vendor is welcome to do so below in this Pricing Form 2. All services must be provided in some unit cost (Ex. Per Hour, Per Person, Per Day, etc.). You are welcome to modify the columns and column titles as long as TIPS can identify the service being offered by name, unit-type, and “catalog price” of the service. Please note that if you are awarded after submitting your service pricing on this form, you will be able to update the pricing and add/remove services within the category as long as you honor any applicable discounts originally proposed. If Vendor already has service “Catalog Pricing” documents, links, or files compiled, Vendor may include a note below directing TIPS to please view those documents/links/files. (Ex. X – Please see “Service “Catalog Pricing” in uploaded document entitled “2022-2023 Vendor Service Pricing.”) Please note that if you are awarded after submitting your service pricing through other documents/links/files, you will be able to update the pricing and add/remove services within this TIPS PRICING FORM 2 (Part 1) - SERVICE PRICING Please note that Vendor’s “Minimum Percentage Discount Offered” proposed in the attribute questions shall apply to services proposed with the exception of vendor travel passed through at actual cost or GSA allowable rates. If Vendor does not seek to offer services under this Part 1 contract, Vendor may type "N/A" on this form and submit. If Vendor desires to offer services under this Part 1 TIPS Contract, the “Catalog Pricing” for those services must either be listed within this form as instructed, otherwise included within Vendor's Part 1 proposal, or properly added during the life of the awarded Part 1 contract. All services must be provided in some unit cost (Ex. Per Hour, Per Person, Per Day, etc.). If Vendor already has service “Catalog Pricing” documents, links, or files compiled, Vendor may include a note on Pricing Form 2 (Part 1 Only) directing TIPS to please view those documents/links/files. (Ex. X – Please see “Service “Catalog Pricing” in uploaded document entitled “2022-2023 Vendor Service Pricing.”). Providing Service "Catalog Pricing" through Pricing Form 2 Line-Item Pricing Page 1 of 13 Contract Packet - 62 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E I.1A.051 60" Additional .7mm - CIPP UV Cure LF $117.70 10.00%$107.00 I.1A.052 66" Additional .7mm - CIPP UV Cure LF $137.50 10.00%$125.00 I.1A.053 72" Additional .7mm - CIPP UV Cure LF $158.40 10.00%$144.00 I 1B Steam / Water Cured CIPP: I.1B.001 6" x 4.5mm - CIPP Steam / Water Cure LF $75.90 10.00%$69.00 I.1B.002 8" x 6.0mm - CIPP Steam / Water Cure LF $69.30 10.00%$63.00 I.1B.003 10" x 6.0mm - CIPP Steam / Water Cure LF $82.50 10.00%$75.00 I.1B.004 12" x 6.0mm - CIPP Steam / Water Cure LF $103.40 10.00%$94.00 I.1B.005 15" x 7.5mm - CIPP Steam / Water Cure LF $130.90 10.00%$119.00 I.1B.006 18" x 9.0mm - CIPP Steam / Water Cure LF $158.40 10.00%$144.00 I.1B.007 21" x 9.0mm - CIPP Steam / Water Cure LF $200.20 10.00%$182.00 I.1B.008 24" x 10.5mm - CIPP Steam / Water Cure LF $247.50 10.00%$225.00 I.1B.009 27" x 10.5mm - CIPP Steam / Water Cure LF $289.30 10.00%$263.00 I.1B.010 30" x 12.0mm - CIPP Steam / Water Cure LF $350.90 10.00%$319.00 I.1B.011 33" x 12.0mm - CIPP Steam / Water Cure LF $392.70 10.00%$357.00 I.1B.012 36" x 12.0mm - CIPP Steam / Water Cure LF $460.90 10.00%$419.00 I.1B.013 42" x 13.5mm - CIPP Steam / Water Cure LF $536.80 10.00%$488.00 I.1B.014 48" x 15.0mm - CIPP Steam / Water Cure LF $756.80 10.00%$688.00 I.1B.015 54" x 18.0mm - CIPP Steam / Water Cure LF $1,076.90 10.00%$979.00 I.1B.016 60" x 22.5mm - CIPP Steam / Water Cure LF $1,411.30 10.00%$1,283.00 I.1B.017 66" x 25mm - CIPP Steam / Water Cure LF $1,856.80 10.00%$1,688.00 I.1B.018 72" x 28mm - CIPP Steam / Water Cure LF $2,200.00 10.00%$2,000.00 I.1B.019 6" & 8" Additional 1.5mm - CIPP Steam / Water Cure LF $5.50 10.00%$5.00 I.1B.020 10" & 12" Additional 1.5mm - CIPP Steam / Water Cure LF $7.70 10.00%$7.00 I.1B.021 15" & 18" Additional 1.5mm - CIPP Steam / Water Cure LF $19.80 10.00%$18.00 I.1B.022 21" & 24" Additional 1.5mm - CIPP Steam / Water Cure LF $31.90 10.00%$29.00 I.1B.023 27" Additional 1.5mm - CIPP Steam / Water Cure LF $37.40 10.00%$34.00 I.1B.024 30" Additional 1.5mm - CIPP Steam / Water Cure LF $46.20 10.00%$42.00 I.1B.025 33" Additional 1.5mm - CIPP Steam / Water Cure LF $51.70 10.00%$47.00 I.1B.026 36" Additional 1.5mm - CIPP Steam / Water Cure LF $58.30 10.00%$53.00 I.1B.027 42" Additional 1.5mm - CIPP Steam / Water Cure LF $63.80 10.00%$58.00 I.1B.028 48" Additional 1.5mm - CIPP Steam / Water Cure LF $77.00 10.00%$70.00 I.1B.029 54" Additional 1.5mm - CIPP Steam / Water Cure LF $90.20 10.00%$82.00 I.1B.030 60" Additional 1.5mm - CIPP Steam / Water Cure LF $103.40 10.00%$94.00 I.1B.031 66" Additional 1.5mm - CIPP Steam / Water Cure LF $117.70 10.00%$107.00 I.1B.032 72" Additional 1.5mm - CIPP Steam / Water Cure LF $130.90 10.00%$119.00 I 1C Additional CIPP Items: I.1C.001 Robotically Reinstated Internal reconnects on all CIPP EA $550.00 10.00%$500.00 I.1C.002 Trim Protruding Services EA $742.50 10.00%$675.00 I.1C.003 6"-12" CIPP Set-up Charge LF $49.50 10.00%$45.00 I.1C.004 6" - 12" CIPP Setup Charge (< 300 LF)EA $1,375.00 10.00%$1,250.00 I.1C.005 15"-18" CIPP Set-up Charge LF $55.00 10.00%$50.00 I.1C.006 15" - 21" CIPP Setup Charge (< 300 LF)EA $2,062.50 10.00%$1,875.00 I.1C.007 21"-24" CIPP Set-up Charge LF $57.75 10.00%$52.50 I.1C.008 24" - 36" CIPP Setup Charge (< 300 LF)EA $2,750.00 10.00%$2,500.00 I.1C.009 27"-36" CIPP Set-up Charge LF $66.00 10.00%$60.00 I.1C.010 36" or Larger CIPP Setup Charge (< 300 LF)EA $5,500.00 10.00%$5,000.00 I.1C.011 42"-48" CIPP Set-up Charge LF $74.80 10.00%$68.00 I.1C.012 42-48" or Larger CIPP Setup Charge (< 300 LF)EA $8,250.00 10.00%$7,500.00 I.1C.013 54-60" CIPP Set-up Charge LF $77.00 10.00%$70.00 I.1C.014 54-60" or Larger CIPP Setup Charge (< 300 LF)EA $13,200.00 10.00%$12,000.00 I.1C.015 66-72" CIPP Set-up Charge LF $104.50 10.00%$95.00 I.1C.016 66-72" or Larger CIPP Setup Charge (< 300 LF)EA $19,800.00 10.00%$18,000.00 I.1C.017 Backyard Easement Setup (6" - 10")EA $3,437.50 10.00%$3,125.00 I.1C.018 Backyard Easement Setup (12" - 18")EA $4,812.50 10.00%$4,375.00 I.1C.019 6" to 12" Backyard Easement Additional Set-up Per Install Length LF $6.88 10.00%$6.25 I.1C.020 15" to 24" Backyard Easement Additional Set-up Per Install Length LF $13.75 10.00%$12.50 I.1C.021 27" to 48" Backyard Easement Additional Set-up Per Install Length LF $20.63 10.00%$18.75 I.1C.022 Over the hole set up EA $165,000.00 10.00%$150,000.00 I.1C.023 Over the hole set up weekly Rental WK $82,500.00 10.00%$75,000.00 I 1D CIPP Sectional Liners I.1D.001 Internal Pipe Point Repair with CIPP, 6" - 8'' Diameter, minimum thickness (includes up to 5')EA $6,875.00 10.00%$6,250.00 I.1D.002 Internal Pipe Point Repair with CIPP, 10” Diameter, minimum thickness (includes up to 5')EA $8,937.50 10.00%$8,125.00 I.1D.003 Internal Pipe Point Repair with CIPP, 12” Diameter, minimum thickness (includes up to 5')EA $9,625.00 10.00%$8,750.00 I.1D.004 Internal Pipe Point Repair with CIPP, 15” Diameter, minimum thickness (includes up to 5')EA $10,312.50 10.00%$9,375.00 I.1D.005 Internal Pipe Point Repair with CIPP, 18” Diameter, minimum thickness (includes up to 5')EA $13,062.50 10.00%$11,875.00 I.1D.006 Internal Pipe Point Repair with CIPP, 20" - 24” Diameter, minimum thickness (includes up to 4')EA $15,125.00 10.00%$13,750.00 I.1D.007 IPR - Additional Footage 6"-8"LF $412.50 10.00%$375.00 I.1D.008 IPR - Additional Footage 10"LF $550.00 10.00%$500.00 I.1D.009 IPR - Additional Footage 12"LF $687.50 10.00%$625.00 I.1D.010 IPR - Additional Footage 15"LF $825.00 10.00%$750.00 I.1D.011 IPR - Additional Footage 18"LF $962.50 10.00%$875.00 I.1D.012 IPR - Additional Footage 20" - 24"LF $1,237.50 10.00%$1,125.00 Page 2 of 13 Contract Packet - 63 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E I 2 Pipe Bursting Rehabilitation and Related Items I 2A Pipe Bursting Sewer Lines: I.2A.001 Burst existing 6" to 6" IPS SDR 19 ( 0'- 8' deep)LF $111.38 10.00%$101.25 I.2A.002 Burst existing 6" to 6" IPS SDR 19 ( 8'- 12' deep)LF $126.23 10.00%$114.75 I.2A.003 Burst existing 6" to 6" IPS SDR 19 ( 12'- 16' deep)LF $163.35 10.00%$148.50 I.2A.004 Burst existing 6" or 8" to 8" IPS SDR 19 ( 0'- 8' deep)LF $126.23 10.00%$114.75 I.2A.005 Burst existing 6" or 8" to 8" IPS SDR 19 ( 8'- 12' deep)LF $148.50 10.00%$135.00 I.2A.006 Burst existing 6" or 8" to 8" IPS SDR 19 ( 12'- 16' deep)LF $170.78 10.00%$155.25 I.2A.007 Burst existing 8" or 10" to 10" IPS SDR 19 ( 0'- 8' deep)LF $133.65 10.00%$121.50 I.2A.008 Burst existing 8" or 10" to 10" IPS SDR 19 ( 8'- 12' deep)LF $170.78 10.00%$155.25 I.2A.009 Burst existing 8" or 10" to 10" IPS SDR 19 ( 12'- 16' deep)LF $193.05 10.00%$175.50 I.2A.010 Burst existing 10" or 12" to 12" IPS SDR 19 ( 0'- 8' deep )LF $163.35 10.00%$148.50 I.2A.011 Burst existing 10" or 12" to 12" IPS SDR 19 ( 8'- 12' deep)LF $185.63 10.00%$168.75 I.2A.012 Burst existing 10" or 12" to 12" IPS SDR 19 ( 12'- 16' deep )LF $207.90 10.00%$189.00 I.2A.013 Burst existing 12" or 15" to 16" IPS SDR 19 ( 0'- 8' deep)LF $267.30 10.00%$243.00 I.2A.014 Burst existing 12" or 15" to 16" IPS SDR 19 ( 8'- 12' deep)LF $297.00 10.00%$270.00 I.2A.015 Burst existing 12" or 15" to 16" IPS SDR 19 ( 12'- 16' deep)LF $363.83 10.00%$330.75 I.2A.016 Burst existing 15" or 18" to 18" IPS SDR 19 ( 0'- 8' deep )LF $334.13 10.00%$303.75 I.2A.017 Burst existing 15" or 18" to 18" IPS SDR 19 ( 8'- 12' deep)LF $386.10 10.00%$351.00 I.2A.018 Burst existing 15" or 18" to 18" IPS SDR 19 ( 12'- 16' deep)LF $445.50 10.00%$405.00 I.2A.019 Burst existing 18" or 21" to 22" IPS SDR 19 ( 0'- 8' deep)LF $386.10 10.00%$351.00 I.2A.020 Burst existing 18" or 21" to 22" IPS SDR 19 ( 8'- 12' deep)LF $475.20 10.00%$432.00 I.2A.021 Burst existing 18" or 21" to 22" IPS SDR 19 ( 12'- 16' deep )LF $534.60 10.00%$486.00 I.2A.022 Burst existing 21" or 24" to 24" IPS SDR 19 ( 0'- 8' deep)LF $445.50 10.00%$405.00 I.2A.023 Burst existing 21" or 24" to 24" IPS SDR 19 ( 8'- 12' deep)LF $534.60 10.00%$486.00 I.2A.024 Burst existing 21" or 24" to 24" IPS SDR 19 ( 12'- 16' deep)LF $594.00 10.00%$540.00 I.2A.025 Burst existing 24" or 27" to 28" IPS SDR 19 ( 0'- 8' deep)LF $631.13 10.00%$573.75 I.2A.026 Burst existing 24" or 27" to 28" IPS SDR 19 ( 8'- 12' deep)LF $742.50 10.00%$675.00 I.2A.027 Burst existing 24" or 27" to 28" IPS SDR 19 ( 12'- 16' deep)LF $965.25 10.00%$877.50 I.2A.028 Burst existing 27" or 30" to 30" IPS SDR 19 ( 0'- 8' deep)LF $742.50 10.00%$675.00 I.2A.029 Burst existing 27" or 30" to 30" IPS SDR 19 ( 8'- 12' deep)LF $891.00 10.00%$810.00 I.2A.030 Burst existing 27" or 30" to 30" IPS SDR 19 ( 12'- 16' deep)LF $1,188.00 10.00%$1,080.00 I.2A.031 8" - 12" Pipeburst Setup Charge EA $14,850.00 10.00%$13,500.00 I.2A.032 16" - 22" Pipeburst Setup Charge EA $22,275.00 10.00%$20,250.00 I.2A.033 24" or Larger Pipeburst Setup Charge EA $37,125.00 10.00%$33,750.00 I.2A.034 Over 16' deep premium LF $297.00 10.00%$270.00 I.2A.035 Cutting or Removing Existing Liner LF $222.75 10.00%$202.50 I 2B Pipe Bursting Water Lines: I.2B.001 Install 2" Fusible PVC or HDPE pre-chlorinated water line, SDR 11, in trench LF $103.95 10.00%$94.50 I.2B.002 Install 4" Fusible PVC or HDPE pre-chlorinated water line, SDR 11, in trench LF $141.08 10.00%$128.25 I.2B.003 Install 6" Fusible PVC or HDPE pre-chlorinated water line, SDR 11, in trench LF $170.78 10.00%$155.25 I.2B.004 Install 8" Fusible PVC or HDPE pre-chlorinated water line, SDR 11, in trench LF $193.05 10.00%$175.50 I.2B.005 Install 10" Fusible PVC or HDPE pre-chlorinated water line, SDR 11, in trench LF $207.90 10.00%$189.00 I.2B.006 Install 12" Fusible PVC or HDPE pre-chlorinated water line, SDR 11, in trench LF $230.18 10.00%$209.25 I.2B.007 6" Flow Stop EA $9,949.50 10.00%$9,045.00 I.2B.008 8" Flow Stop EA $12,474.00 10.00%$11,340.00 I.2B.009 10" Flow Stop EA $14,404.50 10.00%$13,095.00 I.2B.010 12" Flow Stop EA $16,780.50 10.00%$15,255.00 I.2B.011 3/4" Service Tap, Install on 4"-8" Waterline EA $1,633.50 10.00%$1,485.00 I.2B.012 1" Service Tap, Install on 4"-8" Waterline EA $1,782.00 10.00%$1,620.00 I.2B.013 1.5" Service Tap, Install on 4"-8" Waterline EA $2,376.00 10.00%$2,160.00 I.2B.014 2" Service Tap, Install on 4"-8" Waterline EA $3,564.00 10.00%$3,240.00 I.2B.015 3/4" Service Tap, Install on 10"-12" Waterline EA $1,633.50 10.00%$1,485.00 I.2B.016 1" Service Tap, Install on 10"-12" Waterline EA $1,782.00 10.00%$1,620.00 I.2B.017 1.5" Service Tap, Install on 10"-12" Waterline EA $2,376.00 10.00%$2,160.00 I.2B.018 2" Service Tap, Install on 10"-12" Waterline EA $3,712.50 10.00%$3,375.00 I.2B.019 Install 4"-8" tee, to any size EA $6,088.50 10.00%$5,535.00 I.2B.020 Install 10"-12" tee, to any size EA $8,464.50 10.00%$7,695.00 I.2B.021 Install 4"-8" mechanical joint wet connection, to any size EA $4,603.50 10.00%$4,185.00 I.2B.022 Install 10"-12" wet connection, to any size EA $10,543.50 10.00%$9,585.00 I.2B.023 Auger and encase 4"-8", all depths, complete in place (to include pipe in casing)LF $668.25 10.00%$607.50 I.2B.024 Auger and encase 10"-12", all depths, complete in place (to include pipe in casing)LF $1,002.38 10.00%$911.25 I.2B.025 Annual and void space grouting CY $297.00 10.00%$270.00 I.2B.026 Install 1" Corporation Stop with Valve Box EA $742.50 10.00%$675.00 I.2B.027 Install 2" Corporation Stop with Valve Box EA $1,299.38 10.00%$1,181.25 I.2B.028 Install 4" gate valve & box EA $1,113.75 10.00%$1,012.50 I.2B.029 Install 6" gate valve & box EA $1,485.00 10.00%$1,350.00 I.2B.030 Install 8" gate valve & box EA $2,227.50 10.00%$2,025.00 I.2B.031 Install 12" gate valve & box EA $4,083.75 10.00%$3,712.50 I.2B.032 Install 8"x2" service saddle EA $1,670.63 10.00%$1,518.75 I.2B.033 Install 12"x1" service saddle EA $2,227.50 10.00%$2,025.00 I.2B.034 Install 12"x2" service saddle EA $2,413.13 10.00%$2,193.75 I.2B.035 Connect new 1" water line w/existing 1" water line EA $556.88 10.00%$506.25 Page 3 of 13 Contract Packet - 64 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E I.2B.036 Connect new 2" water line w/existing 2" water line EA $928.13 10.00%$843.75 I.2B.037 Connect new 4" water line w/existing 4" water line EA $1,113.75 10.00%$1,012.50 I.2B.038 Connect new 6" water line w/existing 6" water line EA $1,299.38 10.00%$1,181.25 I.2B.039 Connect new 8" water line w/existing 8" water line EA $1,485.00 10.00%$1,350.00 I.2B.040 Connect new 12" water line w/existing 12" water line EA $1,856.25 10.00%$1,687.50 I.2B.041 Install 3/4 inch service connections EA $1,039.50 10.00%$945.00 I.2B.042 Remove and dispose of existing fire hydrant EA $928.13 10.00%$843.75 I.2B.043 Salvage existing fire hydrant and re-install in new location EA $4,826.25 10.00%$4,387.50 I.2B.044 Repair pavement with cold mix asphalt TO $445.50 10.00%$405.00 I.2B.045 Furnish and install 8" x 6" ductile iron fire hydrant tee EA $1,188.00 10.00%$1,080.00 I.2B.046 Furnish and install 6" ductile iron pipe fire hydrant lead piping EA $1,262.25 10.00%$1,147.50 I.2B.047 Furnish and install 8" x 6" fire hydrant or approved equal, including lead and FH valve EA $8,167.50 10.00%$7,425.00 I 3 Structure (Manhole) Rehabilitation, Corrosion Protection, and Related Items I 3A Manhole / Structure Rehab: I.3A.001 Rehabilitation (Standard 4-ft Diameter) - 1-inch Portland cementitious liner VF $481.25 10.00%$437.50 I.3A.002 Rehabilitation (Standard 5-ft Diameter) - 1-inch Portland cementitious liner VF $550.00 10.00%$500.00 I.3A.003 Rehabilitation (Standard 6-ft Diameter) - 1-inch Portland cementitious liner VF $618.75 10.00%$562.50 I.3A.004 Rehabilitation - each additional 1/2-inch Portland cementitious liner SF $34.38 10.00%$31.25 I.3A.005 Rehabilitation - 1-inch Portland cementitious liner SF $48.13 10.00%$43.75 I.3A.006 Rehabilitation (Standard 4-ft Diameter) - 1-inch Calcium Aluminate liner VF $550.00 10.00%$500.00 I.3A.007 Rehabilitation (Standard 5-ft Diameter) - 1-inch Calcium Aluminate liner VF $618.75 10.00%$562.50 I.3A.008 Rehabilitation (Standard 6-ft Diameter) - 1-inch Calcium Aluminate liner VF $687.50 10.00%$625.00 I.3A.009 Rehabilitation - each additional 1/2-inch Calcium Aluminate liner SF $41.25 10.00%$37.50 I.3A.010 Rehabilitation - 1-inch Calcium Aluminate liner SF $55.00 10.00%$50.00 I.3A.011 Rehabilitation (Standard 4-ft Diameter) - 1-inch Geopolymer liner VF $618.75 10.00%$562.50 I.3A.012 Rehabilitation (Standard 5-ft Diameter) - 1-inch Geopolymer liner VF $687.50 10.00%$625.00 I.3A.013 Rehabilitation (Standard 6-ft Diameter) - 1-inch Geopolymer liner VF $756.25 10.00%$687.50 I.3A.014 Rehabilitation - each additional 1/2-inch Geopolymer liner SF $48.13 10.00%$43.75 I.3A.015 Rehabilitation - 1-inch Geopolymer liner SF $61.88 10.00%$56.25 I.3A.016 Rehabilitation (Standard 4-ft Diameter) - 125 mil Epoxy / Polyurea / or approved equal VF $756.25 10.00%$687.50 I.3A.017 Rehabilitation (Standard 5-ft Diameter) - 125 mil Epoxy / Polyurea / or approved equal VF $893.75 10.00%$812.50 I.3A.018 Rehabilitation (Standard 6-ft Diameter) - 125 mil Epoxy / Polyurea / or approved equal VF $1,031.25 10.00%$937.50 I.3A.019 Rehabilitation - 125 mil Epoxy / Polyurea / or approved equal SF $116.88 10.00%$106.25 I.3A.020 Rehabilitation (Standard 4-ft Diameter) - 1" Cementitious + 125 mils Epoxy / Polyurea VF $1,031.25 10.00%$937.50 I.3A.021 Rehabilitation (Standard 5-ft Diameter) - 1" Cementitious + 125 mils Epoxy / Polyurea VF $1,168.75 10.00%$1,062.50 I.3A.022 Rehabilitation (Standard 6-ft Diameter) - 1" Cementitious + 125 mils Epoxy / Polyurea VF $1,306.25 10.00%$1,187.50 I.3A.023 Rehabilitation - Composite System - 1" Cementitious + 125 mils Epoxy / Polyurea SF $240.63 10.00%$218.75 I.3A.024 Rebuild Bench and Invert EA $1,375.00 10.00%$1,250.00 I.3A.025 Invert Installation, 4' Dia.EACH $2,406.25 10.00%$2,187.50 I.3A.026 Invert Installation, 5' Dia.EACH $2,578.13 10.00%$2,343.75 I.3A.027 Invert Installation, 6' Dia.EACH $2,921.88 10.00%$2,656.25 I.3A.028 Invert Installation, Other Configurations SF $4,296.88 10.00%$3,906.25 I.3A.029 All Sizes Installation of Manhole Chimney Seal EA $962.50 10.00%$875.00 I.3A.030 Vacuum Test Manhole (12" mainline or smaller)EA $893.75 10.00%$812.50 I.3A.031 Holiday Test Manhole (Epoxy Only)EA $893.75 10.00%$812.50 I.3A.032 New manhole frame and cover - 24"EA $3,437.50 10.00%$3,125.00 I.3A.033 New manhole frame and cover - 32"EA $4,812.50 10.00%$4,375.00 I.3A.034 Locate and Expose Buried Manhole, Street EA $1,375.00 10.00%$1,250.00 I.3A.035 Locate and Expose Buried Manhole, Non-Street EA $1,031.25 10.00%$937.50 I.3A.036 Adjust manhole frame and cover up to 1 Ft EA $1,718.75 10.00%$1,562.50 I.3A.037 Adjust manhole frame and cover over 1 Ft VF $2,062.50 10.00%$1,875.00 I.3A.038 Raise manhole frame and cover in Asphalt /Concrete EA $3,437.50 10.00%$3,125.00 I.3A.039 Raise manhole frame and cover in Grass EA $2,750.00 10.00%$2,500.00 I.3A.040 Replace manhole frame and cover in Asphalt /Concrete EA $5,500.00 10.00%$5,000.00 I.3A.041 Replace manhole frame and cover in Grass EA $4,125.00 10.00%$3,750.00 I.3A.042 Premium manhole frame and cover ( i.e. CertainTeed PAM locking units etc.) 24"EA $6,187.50 10.00%$5,625.00 I.3A.043 Premium manhole frame and cover ( i.e. CertainTeed PAM locking units etc.) 32"EA $8,937.50 10.00%$8,125.00 I.3A.044 Installation of FRP rehabilitation structures up to 6' depth (Standard 4-ft Diameter)EA $27,500.00 10.00%$25,000.00 I.3A.045 Additional depth for FRP rehabilitation structures (Standard 4-ft Diameter)VF $2,750.00 10.00%$2,500.00 I.3A.046 All Sizes Installation of poured in place structure SF $275.00 10.00%$250.00 I.3A.047 All Sizes Set-up for install of poured in place MH structure or FRP LS $6,875.00 10.00%$6,250.00 I 4 Bypass for Gravity Pipelines and Related Items I 4A Dewatering / Bypass Pumping Gravity Pipes: I.4A.001 Set up 4" pump and piping including up to 1000 feet of bypass discharge line EA $3,520.00 10.00%$3,200.00 I.4A.002 Set up 6" pump and piping including up to 1000 feet of bypass discharge line EA $7,150.00 10.00%$6,500.00 I.4A.003 Set up 8" pump and piping including up to 1000 feet of bypass discharge line EA $16,500.00 10.00%$15,000.00 I.4A.004 Set up 12" pump and piping including up to 1000 feet of bypass discharge line EA $27,500.00 10.00%$25,000.00 I.4A.005 Set up 18" pump and piping including up to 1000 feet of bypass discharge line EA $38,500.00 10.00%$35,000.00 I.4A.006 Set Up Additional Length 4" Bypass Discharge Line over 1000 feet LF $44.00 10.00%$40.00 I.4A.007 Set Up Additional Length 6" Bypass Discharge Line over 1000 feet LF $49.50 10.00%$45.00 I.4A.008 Set Up Additional Length 8" Bypass Discharge Line over 1000 feet LF $55.00 10.00%$50.00 I.4A.009 Set Up Additional Length 10" Bypass Discharge Line over 1000 feet LF $71.50 10.00%$65.00 I.4A.010 Set Up Additional Length 12" Bypass Discharge Line over 1000 feet LF $126.50 10.00%$115.00 Page 4 of 13 Contract Packet - 65 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E I.4A.011 Set Up Additional Length 18" Bypass Discharge Line over 1000 feet LF $187.00 10.00%$170.00 I.4A.032 Tear down 4" pump and piping including 1000 feet of bypass discharge line EA $3,300.00 10.00%$3,000.00 I.4A.033 Tear down 6" pump and piping including 1000 feet of bypass discharge line EA $4,950.00 10.00%$4,500.00 I.4A.034 Tear down 8" pump and piping including 1000 feet of bypass discharge line EA $7,150.00 10.00%$6,500.00 I.4A.035 Tear down 12" pump and piping including 1000 feet of bypass discharge line EA $9,350.00 10.00%$8,500.00 I.4A.036 Tear down 18" pump and piping including 1000 feet of bypass discharge line EA $11,550.00 10.00%$10,500.00 I.4A.037 Tear Down Additional Length 4" Bypass Discharge Line over 1000 feet LF $44.00 10.00%$40.00 I.4A.038 Tear Down Additional Length 6" Bypass Discharge Line over 1000 feet LF $49.50 10.00%$45.00 I.4A.039 Tear Down Additional Length 8" Bypass Discharge Line over 1000 feet LF $55.00 10.00%$50.00 I.4A.040 Tear Down Additional Length 10" Bypass Discharge Line over 1000 feet LF $71.50 10.00%$65.00 I.4A.041 Tear Down Additional Length 12" Bypass Discharge Line over 1000 feet LF $126.50 10.00%$115.00 I.4A.042 Tear Down Additional Length 18" Bypass Discharge Line over 1000 feet LF $187.00 10.00%$170.00 I.4A.043 Bypass - Driveway Ramp (Setup, Operate, Maintain)DY $4,125.00 10.00%$3,750.00 I.4A.050 Bypass - Street Ramp (Setup, Operate, Maintain)DY $4,125.00 10.00%$3,750.00 I.4A.051 Bypass - Street Trenching excluding restoration for 8" Pipe (Setup, Operate, Maintain)LF $165.00 10.00%$150.00 I.4A.052 Bypass - Street Trenching excluding restoration for 12" Pipe (Setup, Operate, Maintain)LF $275.00 10.00%$250.00 I.4A.053 Bypass - Street Trenching excluding restoration for 18" Pipe (Setup, Operate, Maintain)LF $385.00 10.00%$350.00 I.4A.087 PUMP WATCH (each 12 Hour Shift)EA $3,300.00 10.00%$3,000.00 I.4A.088 HYDROSTATIC TESTING OF PIPING HR $550.00 10.00%$500.00 I.4A.089 24 HOUR SYSTEM TEST HR $550.00 10.00%$500.00 I.4A.090 SWPPP EA $7,150.00 10.00%$6,500.00 I 4B Dams / Plugs / Divers: I.4B.011 Installation and Removal of Coffer Dam EA $11,000.00 10.00%$10,000.00 I.4B.012 Installation and Removal of Aqua Barrier EA $22,000.00 10.00%$20,000.00 I.4B.014 Installation and Removal of Plugs 6" - 18"EA $1,650.00 10.00%$1,500.00 I.4B.015 Installation and Removal of Plugs 24"-48" EA $2,750.00 10.00%$2,500.00 I.4B.016 Installation and Removal of Plugs 48" and Greater EA $5,500.00 10.00%$5,000.00 I.4B.017 Installation and Removal of Earthen Dam EA $55,000.00 10.00%$50,000.00 I.4B.018 Installation and Removal of Sheet Piling LF $825.00 10.00%$750.00 I.4B.019 Installation and Removal of Dewatering Box EA $27,500.00 10.00%$25,000.00 I.4B.020 Diver - Mobilization Over 100 Miles EA $2,062.50 10.00%$1,875.00 I.4B.021 Diver - Pipe Cleaning / Dredging To Install Plug HR $343.75 10.00%$312.50 I.4B.022 Diver - Installation 1st Plug-60inch And Smaller (removal Same As Install)EA $2,062.50 10.00%$1,875.00 I.4B.023 Diver - Installation 5 Or More Plugs Same Day (day Rate) (removal Same As Install)EA $4,125.00 10.00%$3,750.00 I.4B.024 Diver - Install Additional Plugs On Same Mob (removal Same As Install)EA $1,650.00 10.00%$1,500.00 I.4B.025 Diver - Installation Plug 60 Inch And Greater (removal Same As Install)EA $2,750.00 10.00%$2,500.00 I.4B.026 Diver - Day Rate For Dive Team, Underwater Power Tools & Video (day Rate)EA $4,125.00 10.00%$3,750.00 I 5 Clean / TV and Evaluation for Gravity Pipelines and Related Items I 5A Clean & CCTV: I.5A.001 Clean & CCTV Sewer - 6"LF $14.30 10.00%$13.00 I.5A.002 Clean & CCTV Sewer - 8"LF $14.30 10.00%$13.00 I.5A.003 Clean & CCTV Sewer - 10"LF $16.50 10.00%$15.00 I.5A.004 Clean & CCTV Sewer - 12"LF $18.70 10.00%$17.00 I.5A.005 Clean & CCTV Sewer - 15"LF $20.90 10.00%$19.00 I.5A.006 Clean & CCTV Sewer - 18"LF $22.00 10.00%$20.00 I.5A.007 Clean & CCTV Sewer - 21"LF $24.20 10.00%$22.00 I.5A.008 Clean & CCTV Sewer - 24" LF $26.40 10.00%$24.00 I.5A.009 Clean & CCTV Sewer - 27" LF $28.60 10.00%$26.00 I.5A.010 Clean & CCTV Sewer - 30"LF $30.80 10.00%$28.00 I.5A.011 Clean & CCTV Sewer - 33"LF $33.00 10.00%$30.00 I.5A.012 Clean & CCTV Sewer - 36"LF $36.30 10.00%$33.00 I.5A.013 Clean & CCTV Sewer - 42"LF $38.50 10.00%$35.00 I.5A.014 Clean & CCTV Sewer - 48"LF $40.70 10.00%$37.00 I.5A.015 Clean & CCTV Sewer - 54"LF $49.50 10.00%$45.00 I.5A.016 Clean & CCTV Sewer - 60"LF $60.50 10.00%$55.00 I.5A.017 Clean & CCTV Sewer - 66"LF $71.50 10.00%$65.00 I.5A.018 Clean & CCTV Sewer - 72"LF $82.50 10.00%$75.00 I.5A.019 Clean & CCTV Sewer - 78"LF $104.50 10.00%$95.00 I.5A.020 Clean & CCTV Sewer - 84"LF $115.50 10.00%$105.00 I.5A.021 Clean & CCTV Sewer - 90"LF $126.50 10.00%$115.00 I.5A.022 Clean & CCTV Sewer - 96"LF $132.00 10.00%$120.00 I.5A.023 Clean & CCTV Sewer - 102"LF $137.50 10.00%$125.00 I.5A.024 Clean & CCTV Sewer - 108"LF $143.00 10.00%$130.00 I.5A.025 Clean & CCTV Sewer - 114"LF $148.50 10.00%$135.00 I.5A.026 Clean & CCTV Sewer > 114"LF $159.50 10.00%$145.00 I.5A.027 Clean / Debris Removal per CY CY $275.00 10.00%$250.00 I.5A.028 Heavy Clean & CCTV HR $1,045.00 10.00%$950.00 I.5A.029 6" - 12" Post TV Inspection After Rehabilitation LF $7.70 10.00%$7.00 I.5A.030 14" - 20" Post TV Inspection After Rehabilitation LF $9.90 10.00%$9.00 I.5A.031 21" - 36" Post TV Inspection After Rehabilitation LF $12.10 10.00%$11.00 I.5A.032 37"- 42" Post TV Inspection After Rehabilitation LF $16.50 10.00%$15.00 I.5A.033 43"- 48" Post TV Inspection After Rehabilitation LF $30.25 10.00%$27.50 I.5A.034 49"- 54" Post TV Inspection After Rehabilitation LF $44.00 10.00%$40.00 Page 5 of 13 Contract Packet - 66 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E I.5A.035 55"- 60" Post TV Inspection After Rehabilitation LF $57.42 10.00%$52.20 I.5A.036 61"- 72" Post TV Inspection After Rehabilitation LF $71.50 10.00%$65.00 I.5A.037 73" or Larger Post TV Inspection After Rehabilitation LF $85.25 10.00%$77.50 I.5A.038 Sewer, Internal Pipe Inspection Push Camera LF $55.00 10.00%$50.00 I.5A.039 Sonar/TISCIT Survey >18" - 24” Diameter Pipe LF $26.40 10.00%$24.00 I.5A.040 Sonar/TISCIT Survey > 24" - 36” Diameter Pipe LF $33.00 10.00%$30.00 I.5A.041 Sonar/TISCIT Survey > 36” Diameter Pipe LF $44.00 10.00%$40.00 I.5A.042 MSI Survey >18" - 24” Diameter Pipe LF $44.00 10.00%$40.00 I.5A.043 MSI Survey > 24" - 36” Diameter Pipe LF $55.00 10.00%$50.00 I.5A.044 MSI Survey > 36” Diameter Pipe LF $66.00 10.00%$60.00 I.5A.045 Heavy Lift Station Cleaning (Remove all Debris to Bottom of LS - 4 hr minimum)EA $5,929.00 10.00%$5,390.00 I.5A.046 Major Lift Station Cleaning - Additional Hours HR $1,482.25 10.00%$1,347.50 I.5A.047 Minor Lift Station Cleaning (Skimming Top of LS - 4 hr minimum)EA $1,581.25 10.00%$1,437.50 I.5A.048 Minor Lift Station Cleaning - Additional Hours HR $396.00 10.00%$360.00 I.5A.049 Vactor Truck Services HR $687.50 10.00%$625.00 I.5A.050 CCTV Truck Services HR $550.00 10.00%$500.00 I.5A.051 Waste Water Treatment Plant Debris Removal/Sludge Hauling (Small)YD $123.75 10.00%$112.50 I.5A.052 Waste Water Treatment Plant Debris Removal/Sludge Hauling (Large)YD $481.25 10.00%$437.50 I.5A.053 Re-setup for TV Due to Point Repairs or Obstructions EA $550.00 10.00%$500.00 I.5A.054 Mechanical Root / Grease removal LF $38.50 10.00%$35.00 I.5A.055 Tuberculation Removal / Specialty Cleaning LF $110.00 10.00%$100.00 I.5A.056 Other Remote Obstruction removal (max. 5 lf)EA $935.00 10.00%$850.00 I.5A.057 Smoke Testing LF $8.80 10.00%$8.00 I.5A.058 Manhole Inspections EA $825.00 10.00%$750.00 I.5A.059 Manhole/Cleanout & Sewer Line Visual Inspection EA $253.00 10.00%$230.00 I.5A.060 GPS Survey of Manholes & Cleanouts EA $550.00 10.00%$500.00 I.5A.061 Heavy Debris Removal - MAN ENTRY EA $495.00 10.00%$450.00 I.5A.062 Heavy Debris Removal - LARGE DIAMETER MAN ENTRY EA $687.50 10.00%$625.00 I.5A.063 Heavy Debris Removal - REMOTE ENTRY LF $1,375.00 10.00%$1,250.00 I.5A.064 Dyed Water Flooding/Leak Quantification & Evaluation EA $1,650.00 10.00%$1,500.00 I 6 Excavation and Related Items I 6A Excavation and Additional Associated Items. I.6A.001 Mobilization for open cut EA $33,000.00 10.00%$30,000.00 I.6A.002 Construction Entrance/Exit, Installation and Removal EA $10,725.00 10.00%$9,750.00 I.6A.003 Construction Entrance/Exit, Install Only EA $7,425.00 10.00%$6,750.00 I.6A.004 Easement Access Road-14'Width, Install and Removal LF $288.75 10.00%$262.50 I.6A.005 Easement Access Road-14'Width, Install only LF $247.50 10.00%$225.00 I.6A.006 Temporary Creek Crossing (12" / 15" Diameter Pipes Installed)LF $1,072.50 10.00%$975.00 I.6A.007 Temporary Creek Crossing (18" / 24" Diameter Pipes Installed)LF $1,237.50 10.00%$1,125.00 I.6A.008 Temporary Creek Crossing (36" Diameter Pipes Installed)LF $1,567.50 10.00%$1,425.00 I.6A.009 Temporary Creek Crossing (42" Diameter Pipes Installed)LF $1,980.00 10.00%$1,800.00 I.6A.010 6" - 8" Point repair (max 12' deep) 5 LF EA $24,750.00 10.00%$22,500.00 I.6A.011 10" - 12" Point repair (0 - 12' deep) 5 LF EA $29,700.00 10.00%$27,000.00 I.6A.012 15" - 18" Point repair (0 - 12' deep) 5 LF EA $41,250.00 10.00%$37,500.00 I.6A.013 21" - 24" Point repair (0 - 12' deep) 5 LF EA $49,500.00 10.00%$45,000.00 I.6A.014 30" Point repair (0 - 12' deep) 5 LF EA $82,500.00 10.00%$75,000.00 I.6A.015 36" Point repair (0 - 12' deep) 5 LF EA $99,000.00 10.00%$90,000.00 I.6A.016 42" Point repair (0 - 12' deep) 5 LF EA $115,500.00 10.00%$105,000.00 I.6A.017 48" Point repair (0 - 12' deep) 5 LF EA $123,750.00 10.00%$112,500.00 I.6A.018 54" Point repair (0 - 12' deep) 5 LF EA $132,000.00 10.00%$120,000.00 I.6A.019 60" Point repair (0 - 12' deep) 5 LF EA $140,250.00 10.00%$127,500.00 I.6A.020 66" Point repair (0 - 12' deep) 5 LF EA $148,500.00 10.00%$135,000.00 I.6A.021 72" Point repair (0 - 12' deep) 5 LF EA $156,750.00 10.00%$142,500.00 I.6A.022 78" Point repair (0 - 12' deep) 5 LF EA $165,000.00 10.00%$150,000.00 I.6A.023 84" Point repair (0 - 12' deep) 5 LF EA $173,250.00 10.00%$157,500.00 I.6A.024 96" Point repair (0 - 12' deep) 5 LF EA $181,500.00 10.00%$165,000.00 I.6A.025 108" Point repair (0 - 12' deep) 5 LF EA $189,750.00 10.00%$172,500.00 I.6A.026 Point Repair >5 LF and / or Open Cut - 6" - 8" (0 - 12' deep)LF $742.50 10.00%$675.00 I.6A.027 Point Repair >5 LF and / or Open Cut - 10" - 12" (0 - 12' deep)LF $891.00 10.00%$810.00 I.6A.028 Point Repair >5 LF and / or Open Cut - 15" - 18" (0 - 12' deep)LF $1,237.50 10.00%$1,125.00 I.6A.029 Point Repair >5 LF and / or Open Cut - 21" - 24" (0 - 12' deep)LF $1,485.00 10.00%$1,350.00 I.6A.030 Point Repair >5 LF and / or Open Cut - 30" (0 - 12' deep)LF $2,475.00 10.00%$2,250.00 I.6A.031 Point Repair >5 LF and / or Open Cut - 36" (0 - 12' deep)LF $2,970.00 10.00%$2,700.00 I.6A.032 Point Repair >5 LF and / or Open Cut - 42" (0 - 12' deep)LF $3,465.00 10.00%$3,150.00 I.6A.033 Point Repair >5 LF and / or Open Cut - 48" (0 - 12' deep)LF $3,712.50 10.00%$3,375.00 I.6A.034 Point Repair >5 LF and / or Open Cut - 54" (0 - 12' deep)LF $3,960.00 10.00%$3,600.00 I.6A.035 Point Repair >5 LF and / or Open Cut - 60" (0 - 12' deep)LF $4,207.50 10.00%$3,825.00 I.6A.036 Point Repair >5 LF and / or Open Cut - 66" (0 - 12' deep)LF $4,455.00 10.00%$4,050.00 I.6A.037 Point Repair >5 LF and / or Open Cut - 72" (0 - 12' deep)LF $4,702.50 10.00%$4,275.00 I.6A.038 Point Repair >5 LF and / or Open Cut - 78" (0 - 12' deep)LF $4,950.00 10.00%$4,500.00 I.6A.039 Point Repair >5 LF and / or Open Cut - 84" (0 - 12' deep)LF $5,197.50 10.00%$4,725.00 I.6A.040 Point Repair >5 LF and / or Open Cut - 96" (0 - 12' deep)LF $5,445.00 10.00%$4,950.00 I.6A.041 Point Repair >5 LF and / or Open Cut - 108" (0 - 12' deep)LF $5,692.50 10.00%$5,175.00 Page 6 of 13 Contract Packet - 67 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E I.6A.042 Point Repair adder for any diameter pipe over 12' deep LF $3,300.00 10.00%$3,000.00 I.6A.043 Connection to existing manhole for open cut installation EA $4,950.00 10.00%$4,500.00 I.6A.044 Add/Deduct cost for providing 6" DIP in lieu of PVC pipe LF $74.25 10.00%$67.50 I.6A.045 Add/Deduct cost for providing 8" DIP in lieu of PVC pipe LF $82.50 10.00%$75.00 I.6A.046 Add/Deduct cost for providing 10" DIP in lieu of PVC pipe LF $99.00 10.00%$90.00 I.6A.047 Add/Deduct cost for providing 12" DIP in lieu of PVC pipe LF $107.25 10.00%$97.50 I.6A.048 Add/Deduct cost for providing 15" DIP in lieu of PVC pipe LF $156.75 10.00%$142.50 I.6A.049 Add/Deduct cost for providing 18" DIP in lieu of PVC pipe LF $189.75 10.00%$172.50 I.6A.050 Add/Deduct cost for providing 20" DIP in lieu of PVC pipe LF $214.50 10.00%$195.00 I.6A.051 Add/Deduct cost for providing 24" DIP in lieu of PVC pipe LF $297.00 10.00%$270.00 I.6A.052 Access Pit (0'-8' deep)EA $7,095.00 10.00%$6,450.00 I.6A.053 Access Pit (8'-12' deep)EA $9,900.00 10.00%$9,000.00 I.6A.054 Access Pit (12'-16' deep)EA $18,480.00 10.00%$16,800.00 I.6A.055 Access Pit (16'-20' deep)EA $24,090.00 10.00%$21,900.00 I.6A.056 Access Pit (over 20' deep)EA $37,125.00 10.00%$33,750.00 I.6A.057 Trench safety (0-8' deep)LF $24.75 10.00%$22.50 I.6A.058 Trench safety (8-12' deep)LF $41.25 10.00%$37.50 I.6A.059 Trench safety (12-16' deep)LF $82.50 10.00%$75.00 I.6A.060 Trench safety (16-20' deep)LF $165.00 10.00%$150.00 I.6A.061 Trench safety over 20' deep)LF $412.50 10.00%$375.00 I.6A.062 Obstruction Removal ( 0'- 12' deep )EA $8,250.00 10.00%$7,500.00 I.6A.063 Obstruction Removal ( 12'- 15' deep )EA $13,200.00 10.00%$12,000.00 I.6A.064 External reconnect ( 0'- 8' deep) up to 5 linear feet EA $4,125.00 10.00%$3,750.00 I.6A.065 External reconnect ( 8'- 12' deep) up to 5 linear feet EA $7,425.00 10.00%$6,750.00 I.6A.066 External reconnect ( 12'- 16' deep) up to 5 linear feet EA $9,900.00 10.00%$9,000.00 I.6A.067 External reconnect ( 16-20' deep) up to 5 linear feet EA $19,800.00 10.00%$18,000.00 I.6A.068 External reconnect ( over 20' deep) up to 5 linear feet EA $27,225.00 10.00%$24,750.00 I.6A.069 Extra length service connection over 5 linear feet LF $330.00 10.00%$300.00 I.6A.070 Remove and replace or install service line cleanout EA $1,072.50 10.00%$975.00 I.6A.071 Remove and replace or install cleanout EA $5,775.00 10.00%$5,250.00 I.6A.072 Lid Removal / Replacement / Modification EA $41,250.00 10.00%$37,500.00 I.6A.073 Pipe Seal Fix (8" Diameter)-Stainless Steel with EDPM EA $8,662.50 10.00%$7,875.00 I.6A.074 Pipe Seal Fix (10" Diameter)-Stainless Steel with EDPM EA $9,009.00 10.00%$8,190.00 I.6A.075 Pipe Seal Fix (12" Diameter)-Stainless Steel with EDPM EA $9,355.50 10.00%$8,505.00 I.6A.076 Pipe Seal Fix (15" Diameter)-Stainless Steel with EDPM EA $10,048.50 10.00%$9,135.00 I.6A.077 Pipe Seal Fix (18" Diameter)-Stainless Steel with EDPM EA $10,741.50 10.00%$9,765.00 I.6A.078 Pipe Seal Fix (21" Diameter)-Stainless Steel with EDPM EA $11,781.00 10.00%$10,710.00 I.6A.079 Pipe Seal Fix (24" Diameter)-Stainless Steel with EDPM EA $13,167.00 10.00%$11,970.00 I.6A.080 Unsuitable Soil Replacement (Crusher Run)CY $247.50 10.00%$225.00 I.6A.081 Unsuitable Soil Replacement (Imported fill)CY $330.00 10.00%$300.00 I.6A.082 Potholing for Nearby Utility Location or Obstruction Removal (0'-8' deep)EA $7,095.00 10.00%$6,450.00 I.6A.083 Potholing for Nearby Utility Location or Obstruction Removal (8'-12' deep)EA $9,900.00 10.00%$9,000.00 I.6A.084 Potholing for Nearby Utility Location or Obstruction Removal (12'-16' deep)EA $18,480.00 10.00%$16,800.00 I.6A.085 Potholing for Nearby Utility Location or Obstruction Removal (16'-20' deep)EA $24,090.00 10.00%$21,900.00 I.6A.086 Insert 24-32" Plastic Manhole Dish Insert EA $412.50 10.00%$375.00 I.6A.087 Insert 24-32" Stainless Manhole Dish Insert EA $825.00 10.00%$750.00 I.6A.088 Install New Manhole Frame and Cover - 24 or 32"EA $5,775.00 10.00%$5,250.00 I.6A.089 Adjust existing Manhole Frame and Cover EA $4,950.00 10.00%$4,500.00 I.6A.090 Install New 4' DIA precast manhole 0' - 6' deep EA $14,850.00 10.00%$13,500.00 I.6A.091 Extra depth 4' DIA precast manhole over 6' deep VF $1,567.50 10.00%$1,425.00 I.6A.092 Install New 5' DIA precast manhole 0' - 6' deep EA $19,800.00 10.00%$18,000.00 I.6A.093 Extra depth 5' DIA precast manhole over 6' deep VF $2,475.00 10.00%$2,250.00 I.6A.094 Install New 6' DIA precast manhole 0' - 6' deep EA $33,000.00 10.00%$30,000.00 I.6A.095 Extra depth 6' DIA precast manhole over 6' deep VF $4,125.00 10.00%$3,750.00 I.6A.096 Install New 4' DIA fiberglass manhole 0' - 6' deep EA $15,675.00 10.00%$14,250.00 I.6A.097 Extra depth 4' DIA fiberglass manhole over 6' deep VF $1,567.50 10.00%$1,425.00 I.6A.098 Install New 5' DIA fiberglass manhole 0' - 6' deep EA $20,625.00 10.00%$18,750.00 I.6A.099 Extra depth 5' DIA fiberglass manhole over 6' deep VF $2,475.00 10.00%$2,250.00 I.6A.100 Install New 6' DIA fiberglass manhole 0' - 6' deep EA $41,250.00 10.00%$37,500.00 I.6A.101 Extra depth 6' DIA fiberglass manhole over 6' deep VF $4,950.00 10.00%$4,500.00 I.6A.102 Sanitary Sewer Structure, Type B Structure, Up to 6' deep EA $27,225.00 10.00%$24,750.00 I.6A.103 Extra Depth Type B Structure, greater than 6' depth VF $2,145.00 10.00%$1,950.00 I.6A.104 Sanitary Sewer Structure, Type C Structure, Up to 6' deep EA $27,225.00 10.00%$24,750.00 I.6A.105 Extra Depth Type C Structure, greater than 6' depth VF $2,145.00 10.00%$1,950.00 I.6A.106 Cement stabilized sand TON $198.00 10.00%$180.00 I.6A.107 Granular backfill/Crushed Rock TON $181.50 10.00%$165.00 I.6A.108 Flowable Fill CY $495.00 10.00%$450.00 I.6A.109 Dewatering setup (well pointing) maximum 25' deep, includes 20 linear feet setup EA $19,800.00 10.00%$18,000.00 I.6A.110 Extra length dewatering over 20 linear feet LF $330.00 10.00%$300.00 I.6A.111 Operation Maintain Well Points by the Day DY $4,125.00 10.00%$3,750.00 I.6A.112 Extra hand excavation CF $412.50 10.00%$375.00 I.6A.113 Timber Matting for Large Diameter Setup SY $189.75 10.00%$172.50 I.6A.114 Channel Excavation CY $123.75 10.00%$112.50 Page 7 of 13 Contract Packet - 68 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E I.6A.115 Debris Removal CY $412.50 10.00%$375.00 I.6A.116 Clearing and Grubbing ACRE $11,137.50 10.00%$10,125.00 I.6A.117 Tree Protection Fence LF $247.50 10.00%$225.00 I.6A.118 Tree Removal (6” – 12”)EA $4,950.00 10.00%$4,500.00 I.6A.119 Tree Removal (13” – 23”)EA $7,425.00 10.00%$6,750.00 I.6A.120 Tree Removal ( > 24”)EA $12,375.00 10.00%$11,250.00 I.6A.121 Rework Catch basin Cover to Accept New Manhole Covers EA $4,125.00 10.00%$3,750.00 I.6A.122 Seismic Monitoring EA $33,000.00 10.00%$30,000.00 I 6B Restoration and Additional Items: I.6B.001 Saw Cutting up to 8" depth LF $24.75 10.00%$22.50 I.6B.002 Saw Cutting over 8" depth LF $41.25 10.00%$37.50 I.6B.003 Specialty Brick Paver/Sidewalk Replacement SF $495.00 10.00%$450.00 I.6B.004 Repair/Rehab 2" Asphalt pavement SF $288.75 10.00%$262.50 I.6B.005 Repair/Rehab 8" Flex base SF $247.50 10.00%$225.00 I.6B.006 Repair/Rehab 8" Concrete SF $577.50 10.00%$525.00 I.6B.007 Repair/Rehab 6" Concrete SF $495.00 10.00%$450.00 I.6B.008 Repair/Rehab 4" Concrete SF $453.75 10.00%$412.50 I.6B.009 Repair/Rehab Concrete curb and gutter LF $107.25 10.00%$97.50 I.6B.010 Granite Curb, Remove and Reset LF $165.00 10.00%$150.00 I.6B.011 Seeding SF $8.25 10.00%$7.50 I.6B.012 Sodding SF $47.85 10.00%$43.50 I.6B.013 Repair/Rehab chain link fence with new LF $74.25 10.00%$67.50 I.6B.014 Repair/Rehab wooden fence with new LF $90.75 10.00%$82.50 I.6B.015 Topsoil Complete CY $107.25 10.00%$97.50 I.6B.016 Sanding Complete CY $107.25 10.00%$97.50 I.6B.017 Mulch Complete CY $107.25 10.00%$97.50 I.6B.018 Straw Bale Barrier LF $49.50 10.00%$45.00 I.6B.019 Tree Replacement: Hardwoods, 2"EA $2,145.00 10.00%$1,950.00 I.6B.020 Tree Replacement: Pines, 2"EA $2,145.00 10.00%$1,950.00 I.6B.021 Shrub Replacement: 1 Gallon EA $123.75 10.00%$112.50 I.6B.022 Shrub Replacement: 3 Gallon EA $165.00 10.00%$150.00 I.6B.023 Shrub Replacement: 5 Gallon EA $206.25 10.00%$187.50 I.6B.024 Shrub Replacement: 7 Gallon EA $305.25 10.00%$277.50 I.6B.025 Bedding Flowers: Per Flat of 18"EA $1,072.50 10.00%$975.00 I.6B.026 Stone Rip Rap Type I, 24" In Place Complete SY $660.00 10.00%$600.00 I.6B.027 Riprap, Type II (Installed)SY $660.00 10.00%$600.00 I.6B.028 Stone Rip Rap Type III, 12" In Place Complete SY $660.00 10.00%$600.00 I.6B.029 Stone Grouted Rip Rap - 12" Installed SY $742.50 10.00%$675.00 I.6B.030 Silt Fence Type A, Complete LF $29.70 10.00%$27.00 I.6B.031 Silt Fence Type C, Complete LF $19.80 10.00%$18.00 I.6B.032 Silt Fence - Type C, Double Row LF $33.00 10.00%$30.00 I.6B.033 Inlet Sediment Trap EA $412.50 10.00%$375.00 I.6B.034 Orange Barrier Fence LF $14.85 10.00%$13.50 I.6B.035 Hay Bales Complete EA $412.50 10.00%$375.00 I.6B.036 Plastic Filter Fabric Installed SY $24.75 10.00%$22.50 I.6B.037 Permanent Soil Reinforced Mat Installed SF $313.50 10.00%$285.00 I 7 HDPE Tight Fitting Liner (IPS diameters) and Related Items I 7A Sliplining With HDPE or FRP Rehabilitation: I.7A.001 6" HDPE IPS SDR 21 ( 0'- 8' deep)LF $82.50 10.00%$75.00 I.7A.002 6" HDPE IPS SDR 21 ( 8'- 12' deep)LF $93.50 10.00%$85.00 I.7A.003 6" HDPE IPS SDR 21 ( 12'- 16' deep)LF $99.00 10.00%$90.00 I.7A.004 8" HDPE IPS SDR 21 ( 0'- 8' deep)LF $88.00 10.00%$80.00 I.7A.005 8" HDPE IPS SDR 21 ( 8'- 12' deep)LF $99.00 10.00%$90.00 I.7A.006 8" HDPE IPS SDR 21 ( 12'- 16' deep)LF $104.50 10.00%$95.00 I.7A.007 10" HDPE IPS SDR 21 ( 0'- 8' deep)LF $93.50 10.00%$85.00 I.7A.008 10" HDPE IPS SDR 21 ( 8'- 12' deep)LF $104.50 10.00%$95.00 I.7A.009 10" HDPE IPS SDR 21 ( 12'- 16' deep)LF $110.00 10.00%$100.00 I.7A.010 12" HDPE IPS SDR 21 ( 0'- 8' deep )LF $99.00 10.00%$90.00 I.7A.011 12" HDPE IPS SDR 21 ( 8'- 12' deep)LF $110.00 10.00%$100.00 I.7A.012 12" HDPE IPS SDR 21 ( 12'- 16' deep )LF $115.50 10.00%$105.00 I.7A.013 16" HDPE IPS SDR 21 ( 0'- 8' deep)LF $121.00 10.00%$110.00 I.7A.014 16" HDPE IPS SDR 21 ( 8'- 12' deep)LF $132.00 10.00%$120.00 I.7A.015 16" HDPE IPS SDR 21 ( 12'- 16' deep)LF $148.50 10.00%$135.00 I.7A.016 18" HDPE IPS SDR 21 ( 0'- 8' deep)LF $143.00 10.00%$130.00 I.7A.017 18" HDPE IPS SDR 21 ( 8'- 12' deep)LF $154.00 10.00%$140.00 I.7A.018 18" HDPE IPS SDR 21 ( 12'- 16' deep)LF $181.50 10.00%$165.00 I.7A.019 20" HDPE IPS SDR 21 ( 0'- 8' deep)LF $181.50 10.00%$165.00 I.7A.020 20" HDPE IPS SDR 21 ( 8'- 12' deep)LF $192.50 10.00%$175.00 I.7A.021 20" HDPE IPS SDR 21 ( 12'- 16' deep)LF $220.00 10.00%$200.00 I.7A.022 24" HDPE IPS SDR 21 ( 0'- 8' deep)LF $220.00 10.00%$200.00 I.7A.023 24" HDPE IPS SDR 21 ( 8'- 12' deep)LF $231.00 10.00%$210.00 I.7A.024 24" HDPE IPS SDR 21 ( 12'- 16' deep)LF $258.50 10.00%$235.00 I.7A.025 27" Installation of FRP or SRPCP segments (20 lf std. Segments)LF $418.00 10.00%$380.00 Page 8 of 13 Contract Packet - 69 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E I.7A.026 30" Installation of FRP or SRPCP segments (20 lf std. Segments)LF $456.50 10.00%$415.00 I.7A.027 36" Installation of FRP or SRPCP segments (20 lf std. Segments)LF $533.50 10.00%$485.00 I.7A.028 42" Installation of FRP or SRPCP segments (20 lf std. Segments)LF $610.50 10.00%$555.00 I.7A.029 48" Installation of FRP or SRPCP segments (20 lf std. Segments)LF $836.00 10.00%$760.00 I.7A.030 54" Installation of FRP or SRPCP segments (20 lf std. Segments)LF $913.00 10.00%$830.00 I.7A.031 60" Installation of FRP or SRPCP segments (20 lf std. Segments)LF $1,210.00 10.00%$1,100.00 I.7A.032 72" Installation of FRP or SRPCP segments (20 lf std. Segments)LF $1,518.00 10.00%$1,380.00 I.7A.033 27" Installation of FRP or SRPCP segments <10lf joints LF $500.50 10.00%$455.00 I.7A.034 30" Installation of FRP or SRPCP segments <10lf joints LF $550.00 10.00%$500.00 I.7A.035 36" Installation of FRP or SRPCP segments <10lf joints LF $638.00 10.00%$580.00 I.7A.036 42" Installation of FRP or SRPCP segments <10lf joints LF $731.50 10.00%$665.00 I.7A.037 48" Installation of FRP or SRPCP segments <10lf joints LF $1,001.00 10.00%$910.00 I.7A.038 54" Installation of FRP or SRPCP segments <10lf joints LF $1,094.50 10.00%$995.00 I.7A.039 60" Installation of FRP or SRPCP segments <10lf joints LF $1,457.50 10.00%$1,325.00 I.7A.040 72" Installation of FRP or SRPCP segments <10lf joints LF $1,820.50 10.00%$1,655.00 I.7A.041 27" Set-up for contiguous installations < 150 lf LS $1,650.00 10.00%$1,500.00 I.7A.042 30" Set-up for contiguous installations < 150 lf LS $1,980.00 10.00%$1,800.00 I.7A.043 36" Set-up for contiguous installations < 150 lf LS $2,200.00 10.00%$2,000.00 I.7A.044 42" Set-up for contiguous installations < 150 lf LS $2,475.00 10.00%$2,250.00 I.7A.045 48" Set-up for contiguous installations < 150 lf LS $2,750.00 10.00%$2,500.00 I.7A.046 54" Set-up for contiguous installations < 150 lf LS $3,025.00 10.00%$2,750.00 I.7A.047 60" Set-up for contiguous installations < 150 lf LS $3,300.00 10.00%$3,000.00 I.7A.048 72" Set-up for contiguous installations < 150 lf LS $3,575.00 10.00%$3,250.00 I 9 CIPP Pressure Pipe Lining for Potable and Non-Potable Pressure Pipelines and Related Items I 9A CIPP Pressure Pipe Lining: I.9A.001 6" Installation of Pressure Pipe Lining (Potable)LF $594.00 10.00%$540.00 I.9A.002 8" Installation of Pressure Pipe Lining (Potable)LF $668.80 10.00%$608.00 I.9A.003 10" Installation of Pressure Pipe Lining (Potable)LF $767.80 10.00%$698.00 I.9A.004 12" Installation of Pressure Pipe Lining (Potable)LF $851.40 10.00%$774.00 I.9A.005 15" Installation of Pressure Pipe Lining (Potable)LF $965.80 10.00%$878.00 I.9A.006 18" Installation of Pressure Pipe Lining (Potable)LF $1,163.80 10.00%$1,058.00 I.9A.007 21" Installation of Pressure Pipe Lining (Potable)LF $1,296.90 10.00%$1,179.00 I.9A.008 24" Installation of Pressure Pipe Lining (Potable)LF $1,450.90 10.00%$1,319.00 I.9A.009 27" Installation of Pressure Pipe Lining (Potable)LF $1,584.00 10.00%$1,440.00 I.9A.010 30" Installation of Pressure Pipe Lining (Potable)LF $1,955.80 10.00%$1,778.00 I.9A.011 33" Installation of Pressure Pipe Lining (Potable)LF $2,277.00 10.00%$2,070.00 I.9A.012 36" Installation of Pressure Pipe Lining (Potable)LF $2,504.70 10.00%$2,277.00 I.9A.013 39" Installation of Pressure Pipe Lining (Potable)LF $2,880.90 10.00%$2,619.00 I.9A.014 42" Installation of Pressure Pipe Lining (Potable)LF $3,415.50 10.00%$3,105.00 I.9A.015 48" Installation of Pressure Pipe Lining (Potable)LF $4,554.00 10.00%$4,140.00 I.9A.016 54" Installation of Pressure Pipe Lining (Potable)LF $5,445.00 10.00%$4,950.00 I.9A.017 6" Reinforced Pressure Pipe Lining (Non-Potable)LF $445.50 10.00%$405.00 I.9A.018 8" Reinforced Pressure Pipe Lining (Non-Potable)LF $544.50 10.00%$495.00 I.9A.019 10" Reinforced Pressure Pipe Lining (Non-Potable)LF $643.50 10.00%$585.00 I.9A.020 12" Reinforced Pressure Pipe Lining (Non-Potable)LF $742.50 10.00%$675.00 I.9A.021 15" Reinforced Pressure Pipe Lining (Non-Potable)LF $841.50 10.00%$765.00 I.9A.022 18" Reinforced Pressure Pipe Lining (Non-Potable)LF $1,039.50 10.00%$945.00 I.9A.023 21" Reinforced Pressure Pipe Lining (Non-Potable)LF $1,148.40 10.00%$1,044.00 I.9A.024 24" Reinforced Pressure Pipe Lining (Non-Potable)LF $1,411.30 10.00%$1,283.00 I.9A.025 27" Reinforced Pressure Pipe Lining (Non-Potable)LF $1,584.00 10.00%$1,440.00 I.9A.026 30" Reinforced Pressure Pipe Lining (Non-Potable)LF $1,807.30 10.00%$1,643.00 I.9A.027 33" Reinforced Pressure Pipe Lining (Non-Potable)LF $2,128.50 10.00%$1,935.00 I.9A.028 36" Reinforced Pressure Pipe Lining (Non-Potable)LF $2,504.70 10.00%$2,277.00 I.9A.029 39" Reinforced Pressure Pipe Lining (Non-Potable)LF $2,747.80 10.00%$2,498.00 I.9A.030 42" Reinforced Pressure Pipe Lining (Non-Potable)LF $3,316.50 10.00%$3,015.00 I.9A.031 48" Reinforced Pressure Pipe Lining (Non-Potable)LF $4,455.00 10.00%$4,050.00 I.9A.032 54" Reinforced Pressure Pipe Lining (Non-Potable)LF $4,950.00 10.00%$4,500.00 I.9A.033 6" Installation of End Seal EA $6,831.00 10.00%$6,210.00 I.9A.034 8" Installation of End Seal EA $6,831.00 10.00%$6,210.00 I.9A.035 10" Installation of End Seal EA $6,831.00 10.00%$6,210.00 I.9A.036 12" Installation of End Seal EA $6,831.00 10.00%$6,210.00 I.9A.037 15" Installation of End Seal EA $9,108.00 10.00%$8,280.00 I.9A.038 18" Installation of End Seal EA $11,385.00 10.00%$10,350.00 I.9A.039 21" Installation of End Seal EA $11,385.00 10.00%$10,350.00 I.9A.040 24" Installation of End Seal EA $13,662.00 10.00%$12,420.00 I.9A.041 27" Installation of End Seal EA $13,662.00 10.00%$12,420.00 I.9A.042 30" Installation of End Seal EA $13,662.00 10.00%$12,420.00 I.9A.043 33" Installation of End Seal EA $15,939.00 10.00%$14,490.00 I.9A.044 36" Installation of End Seal EA $15,939.00 10.00%$14,490.00 I.9A.045 39" Installation of End Seal EA $18,216.00 10.00%$16,560.00 I.9A.046 42" Installation of End Seal EA $18,216.00 10.00%$16,560.00 I.9A.047 48" Installation of End Seal EA $22,770.00 10.00%$20,700.00 I.9A.048 54" Installation of End Seal EA $22,770.00 10.00%$20,700.00 Page 9 of 13 Contract Packet - 70 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E I.9A.049 6"to 12" System set-up charge (<150 lf)EA $6,831.00 10.00%$6,210.00 I.9A.050 15" to 21" System set-up charge (<150 lf)EA $6,831.00 10.00%$6,210.00 I.9A.051 24" to 33" System set-up charge (<150 lf)EA $6,831.00 10.00%$6,210.00 I.9A.052 36" to 54" System set-up charge (<150 lf)EA $6,831.00 10.00%$6,210.00 I 10 Pressure Pipeline Bypass and Related Items I 10A Bypass for Pressure CIPP Lines: I.10A.001 Set up bypass of mainlines sizes 2"- 4" AWWA approved bypass LF $194.70 10.00%$177.00 I.10A.002 Connection of each service from 2"- 4" AWWA approved bypass EA $2,235.20 10.00%$2,032.00 I.10A.004 Set up bypass of mainlines sizes 6"- 8" AWWA approved bypass LF $243.10 10.00%$221.00 I.10A.005 Connection of each service from 6"- 8" AWWA approved bypass EA $2,478.30 10.00%$2,253.00 I.10A.007 Set up bypass of mainlines sizes 10"- 12" AWWA approved bypass LF $291.50 10.00%$265.00 I.10A.008 Connection of each service from 10"- 12" AWWA approved bypass EA $3,036.00 10.00%$2,760.00 I.10A.010 Set up bypass of mainlines sizes 13"- 19" AWWA approved bypass LF $729.30 10.00%$663.00 I.10A.011 Connection of each service from 13"- 19" AWWA approved bypass EA $3,158.10 10.00%$2,871.00 I.10A.013 Set up bypass of mainlines sizes 20"- 24" AWWA approved bypass EA $972.40 10.00%$884.00 I.10A.014 Connection of each service from 20"- 24" AWWA approved bypass EA $4,857.60 10.00%$4,416.00 I.10A.016 Set up bypass of mainlines sizes 25"- 30" AWWA approved bypass LF $1,700.60 10.00%$1,546.00 I.10A.017 Connection of each service from 25"- 30" AWWA approved bypass EA $4,857.60 10.00%$4,416.00 I.10A.019 Set up bypass of mainlines sizes 31"- 37" AWWA approved bypass LF $2,186.80 10.00%$1,988.00 I.10A.020 Connection of each service from 31"- 37" AWWA approved bypass EA $4,857.60 10.00%$4,416.00 I.10A.022 Set up bypass of mainlines sizes 38"- 48" AWWA approved bypass LF $2,915.00 10.00%$2,650.00 I.10A.023 Connection of each service from 38"- 48" AWWA approved bypass EA $4,857.60 10.00%$4,416.00 I 11 Line Cleaning and Inspection for Pressure Pipelines and Mechanical Cleaning and Related Items I 11A Line Cleaning and Inspection for Pressure Pipelines and Mechanical Cleaning and Additional Associated Items. I.11A.001 6" Cleaning with pressure propelled pigs LF $49.50 10.00%$45.00 I.11A.002 8" Cleaning with pressure propelled pigs LF $49.50 10.00%$45.00 I.11A.003 10" Cleaning with pressure propelled pigs LF $49.50 10.00%$45.00 I.11A.004 12" Cleaning with pressure propelled pigs LF $49.50 10.00%$45.00 I.11A.005 15" Cleaning with pressure propelled pigs LF $73.70 10.00%$67.00 I.11A.006 18" Cleaning with pressure propelled pigs LF $73.70 10.00%$67.00 I.11A.007 21" Cleaning with pressure propelled pigs LF $73.70 10.00%$67.00 I.11A.008 24" Cleaning with pressure propelled pigs LF $97.90 10.00%$89.00 I.11A.009 27" Cleaning with pressure propelled pigs LF $97.90 10.00%$89.00 I.11A.010 30" Cleaning with pressure propelled pigs LF $97.90 10.00%$89.00 I.11A.011 33" Cleaning with pressure propelled pigs LF $97.90 10.00%$89.00 I.11A.012 36" Cleaning with pressure propelled pigs LF $194.70 10.00%$177.00 I.11A.013 42" Cleaning with pressure propelled pigs LF $194.70 10.00%$177.00 I.11A.014 48" Cleaning with pressure propelled pigs LF $194.70 10.00%$177.00 I.11A.015 54" Cleaning with pressure propelled pigs LF $194.70 10.00%$177.00 I.11A.016 6" Cleaning with scrapers or other attached tools LF $73.70 10.00%$67.00 I.11A.017 8" Cleaning with scrapers or other attached tools LF $73.70 10.00%$67.00 I.11A.018 10" Cleaning with scrapers or other attached tools LF $73.70 10.00%$67.00 I.11A.019 12" Cleaning with scrapers or other attached tools LF $73.70 10.00%$67.00 I.11A.020 15" Cleaning with scrapers or other attached tools LF $97.90 10.00%$89.00 I.11A.021 18" Cleaning with scrapers or other attached tools LF $97.90 10.00%$89.00 I.11A.022 21" Cleaning with scrapers or other attached tools LF $97.90 10.00%$89.00 I.11A.023 24" Cleaning with scrapers or other attached tools LF $122.10 10.00%$111.00 I.11A.024 27" Cleaning with scrapers or other attached tools LF $122.10 10.00%$111.00 I.11A.025 30" Cleaning with scrapers or other attached tools LF $122.10 10.00%$111.00 I.11A.026 33" Cleaning with scrapers or other attached tools LF $170.50 10.00%$155.00 I.11A.027 36" Cleaning with scrapers or other attached tools LF $170.50 10.00%$155.00 I.11A.028 42" Cleaning with scrapers or other attached tools LF $194.70 10.00%$177.00 I.11A.029 48" Cleaning with scrapers or other attached tools LF $243.10 10.00%$221.00 I.11A.030 54" Cleaning with scrapers or other attached tools LF $291.50 10.00%$265.00 I.11A.031 6" Pressure pipe inspection LF $19.80 10.00%$18.00 I.11A.032 8" Pressure pipe inspection LF $19.80 10.00%$18.00 I.11A.033 10" Pressure pipe inspection LF $25.30 10.00%$23.00 I.11A.034 12" Pressure pipe inspection LF $25.30 10.00%$23.00 I.11A.035 15" Pressure pipe inspection LF $25.30 10.00%$23.00 I.11A.036 18" Pressure pipe inspection LF $34.10 10.00%$31.00 I.11A.037 21" Pressure pipe inspection LF $34.10 10.00%$31.00 I.11A.038 24" Pressure pipe inspection LF $34.10 10.00%$31.00 I.11A.039 27" Pressure pipe inspection LF $34.10 10.00%$31.00 I.11A.040 30" Pressure pipe inspection LF $34.10 10.00%$31.00 I.11A.041 33" Pressure pipe inspection LF $34.10 10.00%$31.00 I.11A.042 36" Pressure pipe inspection LF $39.60 10.00%$36.00 I.11A.043 42" Pressure pipe inspection LF $39.60 10.00%$36.00 I.11A.044 48" Pressure pipe inspection LF $49.50 10.00%$45.00 I.11A.045 54" Pressure pipe inspection LF $73.70 10.00%$67.00 I.11A.046 Tuberculation Removal (Pressure & Gravity Pipelines)LF $70.40 10.00%$64.00 I 14 Gravity Sewer Lateral Renewal Systems and Related Items I 14A Lateral Rehabilitation I.14A.001 4"-6" Installation and cure of lateral liner in <12" dia. Main (up to 10')EA $7,562.50 10.00%$6,875.00 Page 10 of 13 Contract Packet - 71 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E I.14A.002 4"-6" Installation and cure of lateral liner in >12" dia. Main (up to 10')EA $8,937.50 10.00%$8,125.00 I.14A.003 4"-6" lateral liner per linear foot > 10'LF $481.25 10.00%$437.50 I.14A.004 4"-6" Set-up for installations EA $27,500.00 10.00%$25,000.00 I.14A.005 Clean & CCTV Laterals (up to 10')EA $1,031.25 10.00%$937.50 I.14A.006 Clean & CCTV Laterals > 10'LF $20.63 10.00%$18.75 I.14A.007 4" Wye Top Hat PipePatch Lateral Kit INSTALLED EA $5,500.00 10.00%$5,000.00 I.14A.008 5" Wye Top Hat PipePatch Lateral Kit INSTALLED EA $5,843.75 10.00%$5,312.50 I.14A.009 6" Wye Top Hat PipePatch Lateral Kit INSTALLED EA $6,187.50 10.00%$5,625.00 I.14A.010 4" Tee Top Hat PipePatch Lateral Kit INSTALLED EA $6,496.88 10.00%$5,906.25 I.14A.011 5" Tee Top Hat PipePatch Lateral Kit INSTALLED EA $6,875.00 10.00%$6,250.00 I.14A.012 6" Tee Top Hat PipePatch Lateral Kit INSTALLED EA $7,218.75 10.00%$6,562.50 I 16 Horizontal Directional Drilling (HDD) and Related Items I 16A Horizontal Directional Drilling (HDD): I.16A.001 2"-4" Installation of pipe clay ground conditions (pipe cost excluded)IN/DIA $66.00 10.00%$60.00 I.16A.002 2"-4" Installation of pipe loose sand ground conditions (pipe cost excluded)IN/DIA $66.00 10.00%$60.00 I.16A.003 2"-4" Installation of pipe rock ground conditions<3000 psi (pipe cost excluded)IN/DIA $77.00 10.00%$70.00 I.16A.004 2"-4" Installation of pipe rock ground conditions 3-8000 psi (pipe cost excluded)IN/DIA $77.00 10.00%$70.00 I.16A.005 2"-4" Installation of pipe ground conditions per 1000 psi increase over 8000 psi IN/DIA $9.90 10.00%$9.00 I.16A.006 6"-8" Installation of pipe clay ground conditions (pipe cost excluded)IN/DIA $71.50 10.00%$65.00 I.16A.007 6"-8" Installation of pipe loose sand ground conditions (pipe cost excluded)IN/DIA $71.50 10.00%$65.00 I.16A.008 6"-8" Installation of pipe rock ground conditions<3000 psi (pipe cost excluded)IN/DIA $82.50 10.00%$75.00 I.16A.009 6"-8" Installation of pipe rock ground conditions 3-8000 psi (pipe cost excluded)IN/DIA $99.00 10.00%$90.00 I.16A.010 6"-8" Installation of pipe ground conditions per 1000 psi increase over 8000 psi IN/DIA $14.30 10.00%$13.00 I.16A.011 10"-12" Installation of pipe clay ground conditions (pipe cost excluded)IN/DIA $77.00 10.00%$70.00 I.16A.012 10"-12" Installation of pipe loose sand ground conditions (pipe cost excluded)IN/DIA $77.00 10.00%$70.00 I.16A.013 10"-12" Installation of pipe rock ground conditions<3000 psi (pipe cost excluded)IN/DIA $82.50 10.00%$75.00 I.16A.014 10"-12" Installation of pipe rock ground conditions 3-8000 psi (pipe cost excluded)IN/DIA/LF $115.50 10.00%$105.00 I.16A.015 10"-12" Installation of pipe ground conditions per 1000 psi increase over 8000 psi IN/DIA/LF $24.20 10.00%$22.00 I.16A.016 15"-18" Installation of pipe clay ground conditions (pipe cost excluded IN/DIA $264.00 10.00%$240.00 I.16A.017 15"-18" Installation of pipe loose sand ground conditions (pipe cost excluded)IN/DIA $264.00 10.00%$240.00 I.16A.018 15"-18" Installation of pipe rock ground conditions<3000 psi (pipe cost excluded IN/DIA $346.50 10.00%$315.00 I.16A.019 15"-18" Installation of pipe rock ground conditions 3-8000 psi (pipe cost excluded)IN/DIA/L F $374.00 10.00%$340.00 I.16A.020 15"-18" Installation of pipe ground conditions per 1000 psi increase over 8000 psi IN/DIA/LF $44.00 10.00%$40.00 I.16A.021 21"-24" Installation of pipe clay ground conditions (pipe cost excluded)IN/DIA $308.00 10.00%$280.00 I.16A.022 21"-24" Installation of pipe loose sand ground conditions (pipe cost excluded IN/DIA $308.00 10.00%$280.00 I.16A.023 21"-24" Installation of pipe rock ground conditions<3000 psi (pipe cost excluded)IN/DIA $423.50 10.00%$385.00 I.16A.024 21"-24" Installation of pipe rock ground conditions 3-8000 psi (pipe cost excluded)IN/DIA/LF $522.50 10.00%$475.00 I.16A.025 21"-24" Installation of pipe ground conditions per 1000 psi increase over 8000 psi IN/DIA/LF $52.80 10.00%$48.00 I.16A.026 Access Pit for Directional Drill (0'-8' deep)EA $4,730.00 10.00%$4,300.00 I.16A.027 Access Pit for Directional Drill (8'-12' deep)EA $6,600.00 10.00%$6,000.00 I.16A.028 Access Pit for Directional Drill (12'-16' deep)EA $12,320.00 10.00%$11,200.00 I.16A.029 Access Pit for Directional Drill (16'-20' deep)EA $16,060.00 10.00%$14,600.00 I.16A.030 2"-4" Set-up for contiguous lengths <150 lf LS $5,775.00 10.00%$5,250.00 I.16A.031 6"-8" Set-up for contiguous lengths <150 lf LS $6,050.00 10.00%$5,500.00 I.16A.032 10"-12" Set-up for contiguous lengths <150 lf LS $6,325.00 10.00%$5,750.00 I.16A.033 15"-18" Set-up for contiguous lengths <150 lf LS $6,600.00 10.00%$6,000.00 I.16A.034 21"-24" Set-up for contiguous lengths <150 lf LS $6,875.00 10.00%$6,250.00 I.16A.035 27"-36" Set-up for contiguous lengths <150 lf LS $7,150.00 10.00%$6,500.00 I 19 Concrete Clearing and Removal from Sewer Lines and Related Items I 19A Specialty Cleaning: I.19A.001 Specialty Pipe Cleaning (all Diameters)LF $550.00 10.00%$500.00 I 20 All Other Underground Construction and Supplemental Items and Related Items I 20A Mobilization: I.20A.001 Mobilization - Emergency Mobilization EA $38,500.00 10.00%$35,000.00 I.20A.002 Mobilization - Rehab of Less Than 100 Ft EA $38,500.00 10.00%$35,000.00 I.20A.003 Mobilization - Rehab of 101 Ft to 300 Ft EA $33,000.00 10.00%$30,000.00 I.20A.004 Mobilization - Rehab of 301 Ft to 500 Ft EA $27,500.00 10.00%$25,000.00 I.20A.005 Mobilization - Rehab of 501 Ft to 1000 Ft EA $22,000.00 10.00%$20,000.00 I.20A.006 Mobilization - Alabama EA $38,500.00 10.00%$35,000.00 I.20A.007 Mobilization - Alaska EA $110,000.00 10.00%$100,000.00 I.20A.008 Mobilization - Arizona EA $38,500.00 10.00%$35,000.00 I.20A.009 Mobilization - Arkansas EA $38,500.00 10.00%$35,000.00 I.20A.010 Mobilization - California EA $49,500.00 10.00%$45,000.00 I.20A.011 Mobilization - Colorado EA $38,500.00 10.00%$35,000.00 I.20A.012 Mobilization - Connecticut EA $55,000.00 10.00%$50,000.00 I.20A.013 Mobilization - Delaware EA $55,000.00 10.00%$50,000.00 I.20A.014 Mobilization - Florida EA $38,500.00 10.00%$35,000.00 I.20A.015 Mobilization - Georgia EA $38,500.00 10.00%$35,000.00 I.20A.016 Mobilization - Hawaii EA $330,000.00 10.00%$300,000.00 I.20A.017 Mobilization - Idaho EA $49,500.00 10.00%$45,000.00 I.20A.018 Mobilization - Illinois EA $38,500.00 10.00%$35,000.00 I.20A.019 Mobilization - Indiana EA $38,500.00 10.00%$35,000.00 I.20A.020 Mobilization - Iowa EA $38,500.00 10.00%$35,000.00 Page 11 of 13 Contract Packet - 72 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E I.20A.021 Mobilization - Kansas EA $38,500.00 10.00%$35,000.00 I.20A.022 Mobilization - Kentucky EA $38,500.00 10.00%$35,000.00 I.20A.023 Mobilization - Louisiana EA $38,500.00 10.00%$35,000.00 I.20A.024 Mobilization - Maine EA $55,000.00 10.00%$50,000.00 I.20A.025 Mobilization - Maryland EA $38,500.00 10.00%$35,000.00 I.20A.026 Mobilization - Massachusetts EA $38,500.00 10.00%$35,000.00 I.20A.027 Mobilization - Michigan EA $38,500.00 10.00%$35,000.00 I.20A.028 Mobilization - Minnesota EA $44,000.00 10.00%$40,000.00 I.20A.029 Mobilization - Mississippi EA $38,500.00 10.00%$35,000.00 I.20A.030 Mobilization - Missouri EA $38,500.00 10.00%$35,000.00 I.20A.031 Mobilization - Montana EA $44,000.00 10.00%$40,000.00 I.20A.032 Mobilization - Nebraska EA $38,500.00 10.00%$35,000.00 I.20A.033 Mobilization - Nevada EA $49,500.00 10.00%$45,000.00 I.20A.034 Mobilization - New Hampshire EA $49,500.00 10.00%$45,000.00 I.20A.035 Mobilization - New Jersey EA $55,000.00 10.00%$50,000.00 I.20A.036 Mobilization - New Mexico EA $44,000.00 10.00%$40,000.00 I.20A.037 Mobilization - New York EA $49,500.00 10.00%$45,000.00 I.20A.038 Mobilization - North Carolina EA $38,500.00 10.00%$35,000.00 I.20A.039 Mobilization - North Dakota EA $44,000.00 10.00%$40,000.00 I.20A.040 Mobilization - Ohio EA $44,000.00 10.00%$40,000.00 I.20A.041 Mobilization - Oklahoma EA $38,500.00 10.00%$35,000.00 I.20A.042 Mobilization - Oregon EA $49,500.00 10.00%$45,000.00 I.20A.043 Mobilization - Pennsylvania EA $44,000.00 10.00%$40,000.00 I.20A.044 Mobilization - Rhode Island EA $49,500.00 10.00%$45,000.00 I.20A.045 Mobilization - South Carolina EA $38,500.00 10.00%$35,000.00 I.20A.046 Mobilization - South Dakota EA $44,000.00 10.00%$40,000.00 I.20A.047 Mobilization - Tennessee EA $38,500.00 10.00%$35,000.00 I.20A.048 Mobilization - Texas EA $38,500.00 10.00%$35,000.00 I.20A.049 Mobilization - Utah EA $38,500.00 10.00%$35,000.00 I.20A.050 Mobilization - Vermont EA $44,000.00 10.00%$40,000.00 I.20A.051 Mobilization - Virginia EA $44,000.00 10.00%$40,000.00 I.20A.052 Mobilization - Washington EA $55,000.00 10.00%$50,000.00 I.20A.053 Mobilization - West Virginia EA $38,500.00 10.00%$35,000.00 I.20A.054 Mobilization - Wisconsin EA $44,000.00 10.00%$40,000.00 I.20A.055 Mobilization - Wyoming EA $44,000.00 10.00%$40,000.00 I 20B Traffic Control: I.20B.001 Single Lane Closure EA $2,750.00 10.00%$2,500.00 I.20B.002 Double Lane Closure EA $3,300.00 10.00%$3,000.00 I.20B.003 Multi Lane Closure EA $3,850.00 10.00%$3,500.00 I.20B.004 Intersection Closure EA $4,400.00 10.00%$4,000.00 I.20B.005 Road Closure EA $5,500.00 10.00%$5,000.00 I.20B.006 Sidewalk Closure EA $1,650.00 10.00%$1,500.00 I.20B.007 Traffic Control Plan (per setup)EA $5,500.00 10.00%$5,000.00 I.20B.008 Flagmen HR $165.00 10.00%$150.00 I.20B.009 Uniformed Officers HR $247.50 10.00%$225.00 I 20C Additional Labor Rates: I.20C.001 Superintendent - Regular HR $110.00 10.00%$100.00 I.20C.002 Superintendent - Overtime HR $165.00 10.00%$150.00 I.20C.003 Foreman - Regular HR $88.00 10.00%$80.00 I.20C.004 Foreman - Overtime HR $121.00 10.00%$110.00 I.20C.005 Laborer - Regular HR $66.00 10.00%$60.00 I.20C.006 Laborer - Overtime HR $88.00 10.00%$80.00 I.20C.007 Truck Drive - Regular HR $82.50 10.00%$75.00 I.20C.008 Truck Drive - Overtime HR $115.50 10.00%$105.00 I.20C.009 Utility - Regular HR $66.00 10.00%$60.00 I.20C.010 Utility - Overtime HR $88.00 10.00%$80.00 I.20C.011 Engineering Support HR $440.00 10.00%$400.00 I.20C.012 Engineering Design EA $16,500.00 10.00%$15,000.00 Section II: Polymer Injection Products II 21 Pipe Sealing of Sanitary Sewer Pipes and Related Items II 21A Geopolymer Pipe Rehab: II.21A.001 36" Pipe - Geopolymer Rehabilitation - 1" Thickness LF $825.00 10.00%$750.00 II.21A.002 42" Pipe - Geopolymer Rehabilitation - 1" Thickness LF $715.00 10.00%$650.00 II.21A.003 48" Pipe - Geopolymer Rehabilitation - 1" Thickness LF $790.63 10.00%$718.75 II.21A.004 54" Pipe - Geopolymer Rehabilitation - 1" Thickness LF $907.50 10.00%$825.00 II.21A.005 60” Pipe - Geopolymer Rehabilitation - 1.5" Thickness LF $1,031.25 10.00%$937.50 II.21A.006 66” Pipe - Geopolymer Rehabilitation - 1.5" Thickness LF $1,134.38 10.00%$1,031.25 II.21A.007 72” Pipe - Geopolymer Rehabilitation - 1.5" Thickness LF $1,340.63 10.00%$1,218.75 II.21A.008 78” Pipe - Geopolymer Rehabilitation - 1.5" Thickness LF $1,464.38 10.00%$1,331.25 II.21A.009 84” Pipe - Geopolymer Rehabilitation - 1.5" Thickness LF $1,698.13 10.00%$1,543.75 II.21A.010 90” Pipe - Geopolymer Rehabilitation - 1.5" Thickness LF $1,897.50 10.00%$1,725.00 II.21A.011 96” Pipe - Geopolymer Rehabilitation - 1.5" Thickness LF $2,371.88 10.00%$2,156.25 II.21A.012 102" Pipe - Geopolymer Rehabilitation - 1.5" Thickness LF $2,846.25 10.00%$2,587.50 Page 12 of 13 Contract Packet - 73 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E II.21A.013 108" Pipe - Geopolymer Rehabilitation - 1.5" Thickness LF $3,636.88 10.00%$3,306.25 II.21A.014 Greater than 108" Pipe - Geopolymer Rehabilitation - 1.5" Thickness SF $192.50 10.00%$175.00 II.21A.015 Non Round Sewer Pipe 1" Thickness SF $75.63 10.00%$68.75 II.21A.016 Each Additional .5" Thickness SF $38.50 10.00%$35.00 II.21A.017 Infiltration Control - Chemical Grout GAL $577.50 10.00%$525.00 II.21A.018 Infiltration Control - Quad-Plug (5 Gallon)EA $110.00 10.00%$100.00 II.21A.019 Rebuilt Invert - Flowable Fill CF $192.50 10.00%$175.00 II.21A.020 Rebuilt Invert - Quadflow CF $220.00 10.00%$200.00 II.21A.021 Rebuilt Invert - GeoKrete CF $240.63 10.00%$218.75 II.21A.022 Joint Preparation LF $34.38 10.00%$31.25 II.21A.023 Reinforcement with Carbon Fiber SF $6.88 10.00%$6.25 II.21A.024 Reinforcement with Welded Wire SF $27.50 10.00%$25.00 II.21A.025 Reinforcement with Rebar LF $61.88 10.00%$56.25 II.21A.026 Antimicrobial Application SF $8.25 10.00%$7.50 II.21A.027 Service Lateral EACH $1,375.00 10.00%$1,250.00 II 21B Grouting: II.21B.001 Set up - Ground Penetrating Radar (GPR)EA $27,500.00 10.00%$25,000.00 II.21B.002 Ground Penetrating Radar (GPR) Study LF $55.00 10.00%$50.00 II.21B.003 Set up - Grouting EA $27,500.00 10.00%$25,000.00 II.21B.004 Grout Injection Chemical Grouting LB $33.00 10.00%$30.00 II.21B.005 High Density Urethane for grouting, slab lifting, void filling, pipe sealing etc.(500lb.min)LB $126.50 10.00%$115.00 II.21B.006 All Sizes Annular space grouting cement slurry base CUFT $82.50 10.00%$75.00 II.21B.007 All Sizes Set-up for annular space grouting <100 cubic feet LS $6,875.00 10.00%$6,250.00 II.21B.008 Set up Fee for Lateral or Mainline Grouting EA $16,500.00 10.00%$15,000.00 II.21B.009 Lateral Grouting (4-8" laterals, in 8-18" mains)EA $2,200.00 10.00%$2,000.00 II.21B.010 Mainline Joint Grouting (8-48")EA $7,150.00 10.00%$6,500.00 II 22 Sealing of RCP or CMP Storm Sewer Joints and Related Items II 22A Internal Pipe Seals: II.22A.001 8"-Stainless steel with EPDM EA $3,118.50 10.00%$2,835.00 II.22A.002 10"-Stainless steel with EPDM EA $3,242.80 10.00%$2,948.00 II.22A.003 12"-Stainless steel with EPDM EA $3,379.20 10.00%$3,072.00 II.22A.004 15"-Stainless steel with EPDM EA $3,911.60 10.00%$3,556.00 II.22A.005 18"-Stainless steel with EPDM EA $4,298.80 10.00%$3,908.00 II.22A.006 21"-Stainless steel with EPDM EA $4,912.60 10.00%$4,466.00 II.22A.007 24"-Stainless steel with EPDM EA $5,795.90 10.00%$5,269.00 II 22B Installation Packer for Internal Pipe Seals: II.22B.001 8'-12" Packer with coupling rod EA $11,192.50 10.00%$10,175.00 II.22B.002 15"-18" Packer with coupling rod EA $14,041.50 10.00%$12,765.00 II.22B.003 21"-24" Packer with coupling rod EA $16,483.50 10.00%$14,985.00 II 22C Liner End Seal-mechanical, stainless steel sleeve with EPDM rubber: II.22C.001 8"-Stainless steel with EPDM EA $2,794.00 10.00%$2,540.00 II.22C.002 10"-Stainless steel with EPDM EA $2,846.80 10.00%$2,588.00 II.22C.003 12"-Stainless steel with EPDM EA $2,923.80 10.00%$2,658.00 II.22C.004 15"-Stainless steel with EPDM EA $3,703.70 10.00%$3,367.00 II.22C.005 18"-Stainless steel with EPDM EA $4,105.20 10.00%$3,732.00 II.22C.006 21"-Stainless steel with EPDM EA $4,613.40 10.00%$4,194.00 II.22C.007 24"-Stainless steel with EPDM EA $5,132.60 10.00%$4,666.00 Section IV: IV 32 Installation and Repair Service - Standard Hourly Labor Rate for Installation / Repair Service of Equipment and Products Hrly rate $247.50 10.00%$225.00 IV 33 Installation and Repair Service - Non-Standard Hourly Labor Rate for Installation / Repair Service of Equipment and Products Hrly rate $330.00 10.00%$300.00 IV 34 Installation and Repair Service - Standard Hours for Installation/Repair Service of Equipment and Products factors $1.10 10.00%$1.00 IV 35 Installation and Repair Service - Non-Standard Hours for Installation/Repair Service of Equipment and Products factors $1.10 10.00%$1.00 Page 13 of 13 Contract Packet - 74 of 74 Docusign Envelope ID: 3BC4FDAB-44F8-4955-A4A1-E8535227546E