HomeMy WebLinkAboutContract 56147-A1R1 CSC No. 56147-AlR1
FIRST AMENDMENT AND FIRST RENEWAL OF CITY SECRETARY CONTRACT NO. 56147
COOPERATIVE PURCHASING AGREEMENT BETWEEN
CITY OF FORT WORTH AND BWI COMPANIES,INC.
This First Amendment and First Renewal of City Secretary Contract No. 56147 ("First Amendment
and First Renewal")is made between the City of Fort Worth("Fort Worth"),a municipal corporation and
BWI Companies,Inc.,a Texas corporation("Vendor").
WHEREAS,on June 1,2021,Fort Worth and Vendor entered into a Cooperative Purchasing
Agreement for the purchase of grounds maintenance equipment,irrigation parts, supplies installation,the
same being City Secretary Contract("CSC")Number 56147("Agreement");
WHEREAS,the Agreement provides a one-year Initial Term,with one (1) one-year renewal
options by written agreement of the parties. ("Renewal Term");
WHEREAS,the Initial Term of the Agreement expires on May 31,2022;
WHEREAS,Fort Worth and Vendor wish to amend the Agreement to increase the total
compensation amount;
WHEREAS,it is the collective desire of both Fort Worth and Vendor to renew and extend the
Agreement through the first Renewal Term;
NOW THEREFORE,in consideration of the mutual promises and covenants set forth herein,Fort
Worth and Vendor agree to amend and renew and extend the Agreement as follows:
I.
AMENDMENT TO AGREEMENT
Fort Worth and Vendor hereby agree to amend the Agreement to increase the not to exceed amount from
$135,000.00 to $193,898.00,to purchase additional grounds maintenance equipment,irrigation parts,
supplies and installations as further set forth in Exhibit A attached hereto and incorporated herein by
reference.
II.
RENEWAL OF AGREEMENT
Fort Worth and Vendor hereby agree to renew and extend the Agreement for a one-year period effective
beginning on June 1,2022 and expiring on May 31,2023.
III.
1. All terms and conditions of the Agreement that are not expressly amended pursuant to this First
Amendment shall remain in full force and effect.
2. All terms in this First Amendment and First Renewal that are capitalized but not defined shall have
the same meanings assigned to them in the Agreement.
First Amendment and First Renewal to Fort Worth City Secretary Contract No. 56147 Page 1 of 2
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
[Signature Page Follows]
IN WITNESS WHEREOF, Fort Worth and Vendor hereto have executed this agreement, to be
effective the day the Assistant City Manager signs this Agreement.
FORT WORTH:
City of Fort Worth Contract Compliance Manager:
By signing, I acknowledge that I am the person
responsible for the monitoring and administration
By: Valerie Washington(May 23,2022 16:32 CDT) of this contract,including ensuring all performance
Name: Valerie Washington and reporting requirements.
Title: Assistant City Manager
Date: May 23,2022 By:
Name: Matthew Quinn
Approval Recommended: Title: Management Analyst II
Park&Recreation Department
Rich,qrd Z&J✓&11&1
By: Richard Zavala(May 23,2022 14:24 CDT) Approved as to Form and Legality:
Name: Richard Zavala
Title: Director ALL
Park& Recreation Department By: Nico Arias(May 17,202208:37 CDT)
Name: Nico Arias
By: Title: Assistant City Attorney
Name: Dave Lewis
Title: Assistant Director Contract Authorization:
Park&Recreation Department M&C: 20-0777
Form 1295: 2020-639887
ATTEST:
:7gblblG��G GOOGIgGG pA'�F° ORr��d
By: Jannette S.Goodall(May 24,202213:11 CDT) o° o0��
Name: Jannette S.Goodall ti 01
Title: CitySecret t�o g 2
°o o° d
° P,
°°° oo <y
da44 nEXp5ogo
VENDOR:
BWI Companies,Inc.
zrCuxbefCy a"ava-s-
By: Kim be Kim be rl�y 18,202209:47 CDT)
Name: Mike Sandler
Title: Turf Coordinator
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
First Amendment and First Renewal to Fort Worth City Secretary Contract No. 56147 Page 2 of 2
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I
s a EXHIBIT B P.D. Box 400,Austin,Texas 78767
VBoard
800.695.2919•info@buyboard.com •buyboard.com
April 26, 2021
Sent via email to: mikesandler(ftwicompanies.com
Mike Sandler
BWI Companies, Inc.
1418 Upfield Dr.
Carrollton TX 75006
Re: Grounds Maintenance Equipment, Irrigation Parts, Supplies and Installations
BuyBoard Contract 611-20
The Local Government Purchasing Cooperative (BuyBoard) awarded your company a contract under
Grounds Maintenance Equipment, Irrigation Parts, Supplies and Installations, Contract 611-20 effective
June 1, 2020 through May 31, 2021, with two possible one-year renewals. At this time, the BuyBoard is
renewing your contract through May 31, 2022.
All discounts,terms, and conditions of your contract will remain the same. If you agree to this renewal, there
is nothing you need to do. However, if you do not agree to this renewal, you must notify me via email at
lisa.maradenCcDtasb.org prior to the start of the renewal term.
Reminder: Once a BuyBoard contract is awarded, vendors must generate a minimum of$15,000 annually
or they may not be offered a contract renewal.
If you have questions or comments concerning this renewal, please contact me as soon as possible at
lisa.maradenCcDtasb.org. We appreciate your interest in The Local Government Purchasing Cooperative.
Sincerely,
Lisa Maraden
Contract Administrator
111 renewal v.02.13.2020
Endorsed by M' TASAV T C_ ]; 0
Board®
Cooperative Purchasing
P.O. Box 400
Austin, TX 78767-0400
800.895.2919 / 512.467.0222 / fax.800.211.5454
huyboard.com
April 29, 2020
Sent Via Email: mikesandler@bwicompanies.com
Mike Sandler
BWI Companies, Inc.
1418 Upfield Dr.
Carrollton, TX 75006
Welcome to BuyBoard!
Re: Notice of The Local Government Purchasing Cooperative Award
Proposal Name and Number: Grounds Maintenance Equipment,Irrigation Parts, Supplies and Installation, Proposal No.
611-20
Congratulations, The Local Government Purchasing Cooperative (Cooperative) has awarded your company a BuyBoard®
contract based on the above-referenced Proposal. The contract is effective 6/1/2020 through 5/31/2021,with two possible
one-year renewals. The contract documents are those identified in Section 3 of the General Terms and Conditions of the
specifications.
To view the items your company has been awarded, please review the proposal tabulation No. 611-20 on the following
web-site: www.buyboard.com/vendor. Only items marked as awarded to your company can be sold through the BuyBoard
contract. In addition, on this website you will find the membership list which will provide you with the names of all entities
with membership in our purchasing cooperative.
Enclosed with this letter you will find the following documents:
1. Vendor Quick Reference Guide 2. BuyBoard License and Identity Standards
You are advised that receipt of a purchase order directly from a Cooperative member is not within the
guidelines of the Cooperative. Accepting purchase orders directly from Cooperative members may result in a violation
of the State of Texas competitive bid statute and termination of this Cooperative BuyBoard contract. Therefore, all
purchase orders must be processed through the BuyBoard in order to comply. Please forward by email to
info@buyboard.com any order received directly from a Cooperative member. If you inadvertently process a purchase order
sent directly to you by a Cooperative member, please email the order info@buyboard.com and note it as RECORD ONLY
to prevent duplication.
As an awarded vendor a BuyBoard user id and password will be sent via e-mail 2 to 3 business days prior to
the start of your contract.
On behalf of the Texas Association of School Boards, we appreciate your interest in the Cooperative and we are looking
forward to your participation in the program. If you have any questions, please contact Cooperative Procurement Staff
at 800-695-2919.
Sincerely,
Arturo Salinas
Department Director, Cooperative Procurement
v.6.5
" IYIL The Local Government Purchasing Cooperative is endorsed by the Texas Association of School Boards,
-Q T=E=a Texas Municipal League,Texas Association of Counties,and the Texas Association of School Administrators.
i Baard®
National S.hoof
..;:uca?:::car.:C:•.:e=:;r.r Endorsed by 'NSBA' Bk�arJs Assodauoti
April 29, 2020
Sent Via Email: mikesandler@bwicompanies.com
Mike Sandler
BWI Companies,Inc.
1418 Upfield Dr.
Carrollton, TX 75006
Welcome to BuyBoard!
Re: Notice of National Purchasing Cooperative Award
Proposal Name and Number: Grounds Maintenance Equipment, Irrigation Parts, Supplies and Installation, Proposal
No. 611-20
Congratulations, The National Purchasing Cooperative (National Cooperative) has awarded your company a BuyBoard®
contract based on the above-referenced Proposal. As provided for in the Proposal and your National Purchasing Cooperative
Vendor Award Agreement, you are authorized to sell the goods and services awarded under the Proposal to National
Cooperative members in states other than Texas through the BuyBoard. The contract is effective 6/1/2020 through
5/31/2021, with two possible one-year renewals.
The National Cooperative membership list is available at our website www.buyboard.com/vendor. The list identifies the
current members that may purchase awarded goods and services under your National Cooperative BuyBoard contract.
You are advised that receipt of a purchase order directly from a National Cooperative member is not within
BuyBoard guidelines. Accepting purchase orders directly from Cooperative members may result in a violation of applicable
competitive procurement law and termination of this National Cooperative BuyBoard contract. Therefore, all purchase
orders from National Cooperative members must be processed through the BuyBoard. Please forward by e-mail
to info@buyboard.com any order received directly from a National Cooperative member. If you inadvertently process a
purchase order sent directly to you by a National Cooperative member, please fax the order to the above number and note
it as RECORD ONLY to prevent duplication.
As an awarded vendor a BuyBoard user id and password will be sent via e-mail 2 to 3 business
days prior to the start of your contract.
On behalf of the National Cooperative, we are looking forward to your participation in the program. If you have any
questions, please contact Cooperative Procurement Staff at 800-695-2919.
Sincerely,
Arturo Salinas
Department Director,Cooperative Procurement
v.6.5
P.O.Box 400,Austin, Texas 78767-0400
800,695,2919•buyboard.com
DiuBoard@
Cooperativ8 Purchasing
12007 Research Boulevard •Austin,Texas 78759-2439 - PH: 800-695-2919 •FAX: 800-211-5454 • buvboard.com
PROPOSER'S AGREEMENT AND SIGNATURE
Proposal Name:Grounds Maintenance Proposal Due Date/Opening Date and Time:
Equipment, Irrigation Parts, Supplies and December 5, 2019 at 4:00 PM
Installation
Location of Proposal Ooenina:
Texas Association of School Boards, Inc.
BuyBoard Department
Proposal Number: 611-20 12007 Research Blvd.
Austin, TX 78759
Anticipated Cooperative Board Meeting Date:
Contract Time Period: April 2020
June 1, 2020 through May 31, 2021 with two (2)
possible one-year renewals.
BWI Companies, Inc 10/3/19
Name of Proposing Company Date
1418 Upfield Dr.
Street Address Signature of Authorized Company Official
Carrollton, TX 75006 Mike Sandler
City, State, Zip Printed Name of Authorized Company Official
(972) 242-4755 Turf Coordinator
Telephone Number of Authorized Company Official Position or Title of Authorized Company Official
(972) 242-7675 75-1789544
Fax Number of Authorized Company Official Federal ID Number
Page 10 of 72
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12007 Research Boulevard •Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 •buvboard.com
The proposing company ("you"or"your") hereby acknowledges and agrees as follows:
1. You have carefully examined and understand all Cooperative information and documentation associated with this Proposal
Invitation, including the Instructions to Proposers, General Terms and Conditions, attachments/forms, item specifications,
and line items (collectively"Requirements");
2. By your response ('Proposal') to this Proposal Invitation, you propose to supply the products or services submitted at
the prices quoted in your Proposal and in strict compliance with the Requirements, unless specific deviations or exceptions
are noted in the Proposal;
3. Any and all deviations and exceptions to the Requirements have been noted in your Proposal and no others will be claimed;
4. If the Cooperative accepts any part of your Proposal and awards you a contract, you will furnish all awarded products
or services at the prices quoted and in strict compliance with the Requirements (unless specific exceptions are noted in
the Proposal and accepted by the Cooperative), including without limitation the Requirements related to:
a. conducting business with Cooperative members, including offering pricing to members that is the best you offer
compared to similar customers;
b. payment of a service fee in the amount specified and as provided for in this Proposal Invitation;
c. the possible award of a piggy-back contract by another governmental entity or nonprofit entity, in which event
you will offer the awarded goods and services in accordance with the Requirements; and
d. submitting price sheets or catalogs in the proper format as required by the Cooperative as a prerequisite to activation
of your contract;
5. You have clearly identified on the included form any information in your Proposal that you believe to be confidential or
proprietary or that you do not consider to be public information subject to public disclosure under a Texas Public Information
Act request or similar public information law;
6. The individual signing this Agreement is duly authorized to enter into the contractual relationship represented by this
Proposal Invitation on your behalf and bind you to the Requirements, and such individual (and any individual signing a
form) is authorized and has the requisite knowledge to provide the information and make the representations and
certifications required in the Requirements;
7. You have carefully reviewed your Proposal, and certify that all information provided is true, complete and accurate, and
you authorize the Cooperative to take such action as it deems appropriate to verify such information; and
8. Any misstatement, falsification, or omission in your Proposal, whenever or however discovered, may disqualify you
from consideration for a contract award under this Proposal Invitation or result in termination of an award or any other
remedy or action provided for in the General Terms and Conditions or by law.
Page 11 of 72
Proposal Forms COMM/SVCS v.09.12.2019
ltlw!!!!g I /!. . .
12007 Research Boulevard •Austin,Texas 78759-2439 - PH: 800-695-2919 •FAX: 800-211-5454 •buvboard.com
VENDOR CONTACT INFORMATION
Name of Company: BWI Companies, Inc
Vendor Proposal/Contract Contact Name: —M—i k e S a—n—d-l-e r
Vendor Proposal/Contract Contact E-mail Address: mikesandler(@bwicompanies.com
Vendor Contact Mailing Address for Proposal/Contract Notices: 4 8 U-p—f ie Id D r ---------
Carrollton, TX 75006
CompanyWebsite: www.bwicomr)anies.com
Purchase Orders: All purchase orders from Cooperative members will be available through the Internet. Vendors need
Internet access and at least one e-mail address so that notification of new orders can be sent to the Internet contact when
a new purchase order arrives. An information guide will be provided to vendors to assist them with retrieving their orders.
Please select options below for receipt of purchase orders and provide the requested information:
I will use the internet to receive purchase orders at the followingaddress:
Purchase Order E-mail Address: mikesandler(@bwicompanies.com
Purchase Order Contact: Mike Sandier Phone: (972) 242-4755
Alternate Purchase Order E-mail Address: tombenton(@bwicompanies.com
Alternate Purchase Order Contact: Tom Benton Phone: (972) 242-4755
D Purchase orders may be received by the Designated Dealer(s) identified on my company's Dealer
Designation form as provided to the Cooperative administrator. I understand that my company shall
remain responsible for the Contract and the performance of all Designated Dealers under and in accordance
with the Contract.
Reauest for Quotes ("RF01: Cooperative members will send RFQs to you by e-mail. Please provide e-mail addresses
for the receipt of RFQs: ,I �
RFQ E-mail Address: Mikesandler(@_bwlcompanies.com
RFQ Contact: Mike Sandler Phone: (972) 242-4755
Alternate RFQ E-mail Address: tombentonl=bwicompanies.com
Alternate RFQ Contact: Tom Benton Phone: (972) 242-4755
Page 12 of 72
Proposal Forms COMM/SVCS v.09.12.2019
Dzj7BoardO
Coopsrative Purchasing
12007 Research Boulevard •Austin,Texas 78759-2439 - PH:800-695-2919 •FAX:800-211-5454 •buvboard.com
Invoices: Your company will be billed monthly for the service fee due under a contract awarded under this Proposal Invitation.
All invoices are available on the BuyBoard website and e-mail notifications will be sent when they are ready to
be retrieved. Please provide the following address, contact and e-mail information for receipt of service fee invoices and
related communications:
Please choose only one (1) of the following options for receipt of invoices and provide the requested
information:
I)) Service fee invoices and related communications should be provided directly to my company at:
Invoice Mailing address: PO BOX 59206 nepartment:-------
city: Dallas State: TX Zip code: _7_5_0_0_6 _
contact Name: Mike Sandler Phone: (972) 242-4755
Invoice Fax: (972) 242-4755 Invoice E-mail Address: mikesandler(Qbwicompanies.com
Alternative Invoice E-mail Address: tombentOf10twicomi2anies.com
O In lieu of my company, I request and authorize all service fee invoices to be provided directly to the following billing
agent**:
Billing agent Mailing address: Department:
City: State: Zip Code:
Billing Agent Contact Name: Phone:
Billing Agent Fax: Billing Agent E-mail Address:
Alternative Billing Agent E-mail Address:
** If Vendor authorizes a billing agent to receive and process service fee invoices, in accordance with the
General Terms and Conditions of the Contract, Vendor spec/f/cally acknowledges and agrees that nothing in
that designation shall rel/eve Vendor of Its responsibllitles and obllgatlons under the Contract including, but
not limited to, payment of all service fees under any Contract awarded Vendor.
Page 13 of 72
Proposal Forms COMM/SVCS v.09.12.2019
&usoard@
U %J Cooperative Purchasing
12007 Research Boulevard •Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 •buvboard.com
FELONY CONVICTION DISCLOSURE AND DEBARMENT CERTIFICATION
FELONY CONVICTION DISCLOSURE
Subsection (a) of Section 44.034 of the Texas Education Code (Notification of Criminal History of Contractor)
states: "A person or business entity that enters into a contract with a school district must give advance notice to the district
if the person or an owner or operator has been convicted of a felony. The notice must include a general description of the
conduct resulting in the conviction of a felony."
Section 44.034 further states in Subsection (b): "A school district may terminate a contract with a person or business
entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or
misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services
performed before the termination of the contract."
Please check<:V'> one of the followina:
D My company is a publicly-held corporation. (Advance notice requirement does not apply to publicly-held corporation.)
My company is not owned or operated by anyone who has been convicted of a felony.
D My company is owned/operated by the following individual(s) who has/have been convicted of a felony:
Name of Felon(s): N /I A
Details of Conviction(s):
By signature below, I certify that the above information is true, complete and accurate and that I am authorized by my
company to make this certification.
II Companies, Inc
Company Name
Mike Sandler
Signature of Auth i ompany Official Printed Name
DEBARMENT CERTIFICATION
Neither my company nor an owner or principal of my company has been debarred, suspended or otherwise made ineligible
for participation in Federal Assistance programs under Executive Order 12549, "Debarment and Suspension,"as described in
the Federal Register and Rules and Regulations. Neither my company nor an owner or principal of my company is currently
listed on the government-wide exclusions in SAM, debarred, suspended, or otherwise excluded by agencies or declared
ineligible under any statutory or regulatory authority. My company agrees to immediately notify the Cooperative and all
Cooperative members with pending purchases or seeking to purchase from my company if my company or an owner or
principal is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by
agencies or declared ineligible under any statutory or regulatory authority.
By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to
make this certification.
Vl/l Companies, Inc
Company Name
Mike Sandler
Signature of Au iiid pany Official Printed Name
Page 14 of 72
Proposal Forms COMM/SVCS v.09.12.2019
Da7Buard@
Cooperative Purchasing
12007 Research Boulevard •Austin,Texas 78759-2439 - PH:800-695-2919 •FAX:800-211-5454 •buvboard.com
RESIDENT/NONRESIDENT CERTIFICATION
Chapter 2252, Subchapter A, of the Texas Government Code establishes certain requirements applicable to proposers who
are not Texas residents. Under the statute, a "resident" proposer is a person whose principal place of business is in Texas,
including a contractor whose ultimate parent company or majority owner has its principal place of business in Texas. A
"nonresident" proposer is a person who is not a Texas resident. Please indicate the status of your company as a "resident"
proposer or a "nonresident" proposer under these definitions.
Please check <v)one of the followina:
[j] I certify that my company is a Resident Proposer.
D I certify that my company is a Nonresident Proposer.
If your company is a Nonresident Proposer, you must provide the following information for your resident state (the state in
which your company's principal place of business is located):
Company Name Address
City State Zip Code
A. Does your resident state require a proposer whose principal place of business is in Texas to under-price proposers
whose resident state is the same as yours by a prescribed amount or percentage to receive a comparable contract?
D Yes D No
B. What is the prescribed amount or percentage? $ or
VENDOR EMPLOYMENT CERTIFICATION
Section 44.031(b) of the Texas Education Code establishes certain criteria that a school district must consider when
determining to whom to award a contract. Among the criteria for certain contracts is whether the vendor or the vendor's ultimate
parent or majority owner (i) has its principal place of business in Texas; or (ii) employs at least 500 people in Texas.
If neither your company nor the ultimate parent company or majority owner has its principal place of business in Texas,
does your company, ultimate parent company, or majority owner employ at least 500 people in Texas?
Please check W) one of the followina:
❑ Yes ❑ No
By signature below, I certify that the information in Sections 1 (Resident/Nonresident Certification) and 2 (Vendor Employment
Certification) above is true, complete and accurate and that I am authorized by my company to make this certification.
BWI Companies, Inc
Company Name
Mike Sandler
iig re of Autho ' e omp ny Official Printed Name
Page 15 of 72
Proposal Forms COMM/SVCS v.09.12.2019
&u,goardO
U W Cooperative Purchasing
12007 Research Boulevard •Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 •buvboard.com
NO ISRAEL BOYCOTT CERTIFICATION
Effective September 1, 2017, as amended effective May 7, 2019 (H.B. 793), a Texas governmental entity may not enter
into a contract with a value of$100,000 or more that is to be paid wholly or partly from public funds with a company (excluding
a sole proprietorship) that has 10 or more full-time employees for goods or services unless the contract contains a written
verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract. (TEX. Gov'T CODE Ch. 2270). Accordingly, this certification form is included to the extent required by law.
"Boycott Israel" means refusing to deal with, terminating business activities with,or otherwise taking any action that is intended
to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing
business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. TEX.
Gov'T CODE§808.001(1).
By signature below, I certify and verify that Vendor does not boycott Israel and will not boycott Israel during the term of
any contract awarded under this Proposal Invitation, that this certification is true, complete and accurate, and that I am
authorized by my company to make this certification.
BWI Companies, Inc
Company Name
Mike Sandler
Signau , 0- a mpany OfFcial Printed Name
If Vendor does not wish to make this certification,return the blank form in lieu of completed
certification.
NO EXCLUDED NATION OR FOREIGN TERRORIST ORGANIZATION CERTIFICATION
Effective September 1, 2017, Chapter 2252 of the Texas Government Code provides that a Texas governmental entity may
not enter into a contract with a company engaged in active business operations with Sudan, Iran, or a foreign terrorist
organization - specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas
Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be
excluded from its federal sanctions regime relating to Sudan, Iran,or any federal sanctions regime relating to a foreign terrorist
organization is not subject to the contract prohibition.)
By signature below, I certify and verify that Vendor is not on the Texas Comptroller's list identified above;that this certification
is true, complete and accurate; and that I am authorized by my company to make this certification.
.BWI Companies, Inc
Company Name
Mike Sandler
Signature of Authorized any Official Printed Name
Page 16 of 72
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&vHoard@
Cooperative Purchasing
12007 Research Boulevard •Austin,Texas 78759-2439 - PH:800-695-2919 •FAX: 800-211-5454 •buvboard.com
HISTORICALLY UNDERUTILIZED BUSINESS CERTIFICATION
A proposer that has been certified as a Historically Underutilized Business (also known as a Minority/Women Business
Enterprise or "MWBE" and all referred to in this form as a "HUB") is encouraged to indicate its HUB certification status
when responding to this Proposal Invitation. The electronic catalogs will indicate HUB certifications for vendors that properly
indicate and document their HUB certification on this form.
Please check W) all that apply:
D I certify that my company has been certified as a HUB in the following categories:
D Minority Owned Business
D Women Owned Business
D Service-Disabled Veteran Owned Business (veteran defined by 38 U.S.C. §101(2), who has a
service-connected disability as defined by 38 U.S.C. § 101(16), and who has a disability rating
of 20% or more as determined by the U. S. Department of Veterans Affairs or Department of
Defense)
Certification Number:
Name of Certifying Agency:
My company has NOT been certified as a HUB.
By signature below, I certify that the above is true, complete and accurate and that I am authorized by my
company to make this certification.
BWI Companies, Inc
Company Name
Mike Sandler
)rinted ame
signature of Author ized C Official
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CONSTRUCTION-RELATED GOODS AND SERVICES AFFIRMATION
A contract awarded under this Proposal Invitation covers only the specific goods and services awarded by the BuyBoard. As
explained in the BuyBoard Procurement and Construction Related Goods and Services Advisory for Texas Members
("Advisory"), Texas law prohibits the procurement of architecture or engineering services through a
purchasing cooperative. This BuyBoard contract does not include such services. Architecture or engineering
services must be procured by a Cooperative member separately, in accordance with the Professional Services
Procurement Act (Chapter 2254 of the Texas Government Code) and other applicable law and local policy.
The Advisory, available at buvboard.com/Vendor/Resources.aspx, provides an overview of certain legal requirements that are
potentially relevant to a Cooperative member's procurement of construction or construction-related goods and services,
including those for projects that may involve or require architecture, engineering or independent testing services. A copy
of the Advisory can also be provided upon request.
By signature below, the undersigned affirms that Proposer has obtained a copy of the Advisory, has read and understands
the Advisory, and is authorized by Proposer to make this affirmation. If Proposer sells construction-related goods or services
to a Cooperative member under a BuyBoard contract awarded under this Proposal Invitation, Proposer will comply with the
Advisory and applicable legal requirements, make a good faith effort to make its Cooperative member customers or potential
Cooperative member customers aware of such requirements, and provide a Cooperative member with a copy of the Advisory
before executing a Member Construction Contract with the member or accepting the member's purchase order for construction-
related goods or services, whichever comes first.
BWI Companies, Inc
Company Name
Mike Sandler
Signature of Authorized parry official Printed Name
10/3/19
Date
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Cooperative Purchasing
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DEVIATION AND COMPLIANCE
If your company intends to deviate from the General Terms and Conditions, Proposal Specifications or other requirements
associated with this Proposal Invitation, you MUST list all such deviations on this form, and provide complete and detailed
information regarding the deviations on this form or an attachment to this form. The Cooperative will consider any deviations
in its contract award decision, and reserves the right to accept or reject a proposal based upon any submitted deviation.
In the absence of any deviation identified and described in accordance with the above, your company must fully comply
with the General Terms and Conditions, Proposal Specifications and all other requirements associated with this Proposal
Invitation if awarded a contract under this Proposal Invitation. A deviation will not be effective unless accepted by the
Cooperative. The Cooperative may, in its sole discretion, seek clarification from and/or communicate with Proposer(s)
regarding any submitted deviation, consistent with general procurement principles of fair competition. The Cooperative
reserves the right to accept or reject a proposal based upon any submitted deviation.
Please check (v') one of the following:
10 NO; Deviations
D Yes; Deviations
List and fully explain any deviations you are submitting:
PLEASE PROVIDE THE FOLLOWING INFORMATION:
1. Shipping Via: I! Common Carrier I H Company Truck D Prepaid and Add to Invoice I H Other:
Products may be picked up at our locations.
2. Payment Terms: I H Net 30 days D 1% in 10/Net 30 days D Other:
3. Number of Days for Delivery: 1 -7 ARO
4. Vendor Reference/Quote Number: N /A
BWI must be notified within 7 days of delivery to return. 25% restocking fee
5Sttt icy = --------------------------------
for products ordered & delivered in good condition, then returned.
6. Are electronic payments acceptable? li!Yes O No
7. Are credit card payments acceptable? OYes O No
BWI Companie Inc
�omp IV e
Mike Sandler
;ignature of Aut ariz mpany Official Printed Name
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LOCATION/AUTHORIZED SELLER LISTINGS
If you have more than one location/authorized seller that will service a contract awarded under this Proposal Invitation, please
list each location/authorized seller below. If additional sheets are required, please duplicate this form as necessary. NOTE:
Awarded Vendors shall remain responsible for all aspects of the Contract, including processing of Purchase Orders, and shall
be responsible for the performance of all locations and authorized sellers under and in accordance with the Contract. If you
are a product manufacturer and wish to designate Designated Dealers as defined in the General Terms and Conditions to
receive Cooperative member Purchase Orders on your behalf, you must complete the Manufacturer Designated Dealer form.
BWI Texarkana
Company Name
1371 N. Kings Hwy.
Address
Texarkana TX 75569
City State Zip
800-442-8443 903-838-5615
Phone Number Fax Number
Logan Leschper
Contact Person
BWI Schulenburg
Company Name
100 N. Main
Address
Schulenburg TX 78956
City State Zip
800-460-9713 979-743-4578
Phone Number Fax Number
Craig Schulz
Contact Person
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MANUFACTURER DEALER DESIGNATION
If Vendor is a manufacturer that sells products through a dealer network and wishes to designate a dealer or multiple dealers
("Designated Dealers")to receive Cooperative member Purchase Orders on Vendor's behalf, you must complete this form
for each dealer you wish to designate.
Regardless of any Designated Dealers submitted by Vendor, Vendor specifically agrees and acknowledges that any such
designations are for Vendor's convenience only and shall not, if Vendor is awarded a Contract, relieve Vendor of any
obligations under the Contract, including payment of Cooperative service fees on all Purchase Orders submitted to Vendor
or any Designated Dealer. In accordance with the General Terms and Conditions, an awarded Vendor shall remain responsible
and liable for all of its obligations under the Contract and the performance of both Vendor and any of Vendor's Designated
Dealers under and in accordance with the Contract and remain subject to all remedies for default thereunder, including, but
not limited to suspension and termination of Vendor's Contract for nonpayment of service fees.
If awarded, Vendor authorizes the Cooperative, in its sole discretion, to list any Vendor Designated Dealers in the BuyBoard
system and to receive Purchase Orders directly from Cooperative members on behalf of Vendor. To the extent a Vendor with
Designated Dealers receives a Purchase Order directly, it shall be the responsibility of Vendor to appropriately process such
Purchase Order in accordance with the Contract, including but not limited to timely forwarding such Purchase Order to a
Designated Dealer for processing.
The Cooperative reserves the right, in its sole discretion, to refuse addition of, or request removal of, any Designated
Dealer, and Vendor agrees to immediately require such Designated Dealer to cease accepting Purchase Orders or otherwise
acting on Vendor's behalf under the Contract. Further, the Cooperative's administrator shall be authorized to remove or
suspend any or all Designated Dealers from the BuyBoard at any time in its sole discretion.
If you wish to designate a dealer to service a contract awarded under this Proposal Invitation, please list the Designated Dealer
below and have this form signed by an official of your company authorized to make such designation. If you wish to
designate multiple dealers, please duplicate this form as necessary.
Designated Dealer Name
Designated Dealer Address
City State Zip
Phone Number Fax Number
Email address Designated Dealer Tax ID Number* (*attach W-9)
Designated Dealer Contact Person
Your Company Name Signature of Authorized Company Official
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TEXAS REGIONAL SERVICE DESIGNATION
The Cooperative (referred to as "Texas Cooperative" in this form and in the State Service Designation form) offers vendors
the opportunity to service its members throughout the entire State of Texas. If you do not plan to service all Texas Cooperative
members statewide, you must indicate the specific regions you will service on this form. If you propose to serve different
regions for different products or services included in your proposal, you must complete and
submit a separate Texas Regional Service Designation form for each group of products and clearly indicate
the products or services to which the designation applies in the space provided at the end of this form. By
designating a region or regions, you are certifying that you are authorized and willing to provide the
proposed products and services in those regions. Designating regions in which you are either unable or
unwilling to provide the specified products and services shall be grounds for either rejection of your
proposal or, if awarded, termination of your Contract. Additionally, if you do not plan to service Texas Cooperative
members (i.e., if you will service only states other than Texas), you must so indicate on this form.
Regional Education Service Centers M I will service Texas
Y - Cooperative members
statewide.
❑ I will not service Texas
� - Cooperative members
statewide. I will only
service members in the
- a -- regions checked below:
a17
Region Headauart!;:rs
M El 1 Edinburg
' 7 ❑ 2 Corpus Christi
~, ❑ 3 Victoria
❑ 4 Houston
5 ❑ 5 Beaumont
❑ 6 Huntsville
❑ 7 Kilgore
4 El 8 Mount Pleasant
3 ❑ 9 Wichita Falls
• ❑ 10 Richardson
❑ 11 Fort Worth
e ❑ 12 Waco
2 ❑ 13 Austin
❑ 14 Abilene
❑ 15 San Angelo
°— ❑ 16 Amarillo
BWI Companies, Inc ❑ 17 Lubbock
❑ 18 Midland
-ornp N e ❑ 19 El Paso
❑ 20 San Antonio
Signature of Auth'rizedtomdany Official
Mike Sandler
ElI will not service members
Printed Name of the Texas Cooperative.
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If this Texas Regional Service Designation form applies to only one or some of the products and services proposed by
Vendor, list the products and services to which this form applies here:
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STATE SERVICE DESIGNATION
The Cooperative offers vendors the opportunity to service other governmental entities in the United States, including
intergovernmental purchasing cooperatives such as the National Purchasing Cooperative BuyBoard. You must complete
this form if you plan to service the entire United States, or will service only the specific states indicated. (Note: If you plan
to service Texas Cooperative members, be sure that you complete the Texas Regional Service Designation form.)
If you serve different states for different products or services included in your proposal, you must complete
and submit a separate State Service Designation form for each group of products and clearly indicate the
products or services to which the designation applies in the space provided at the end of this form. By
designating a state or states, you are certifying that you are authorized and willing to provide the proposed
products and services in those states. Designating states in which you are either unable or unwilling to provide
the specified products and services shall be grounds for either rejection of your proposal or, if awarded,
termination of your Contract.
Please check Ly all that apply:
D I will service all states in the United States.
[j] I will not service all states in the United States. I will service only the states checked below:
1 Alabama
Alaska [jJ Nebraska
PArizona D Nevada
Arkansas D New Hampshire
California (Public Contract Code 20118 &20652) D New Jersey
❑ Colorado I11 New Mexico
❑ Connecticut New York
Delaware PC, North Carolina
District of Columbia D North Dakota
11 FloridaOhio
Ill Georgia P11Oklahoma
El Idaho
D Oregon
Idaho D Pennsylvania
Pn
Illinois 0 Rhode Island
II Indiana [ d South Carolina
PIowa South Dakota
"' Kansas 1.Tennessee
II Kentucky Ill Texas
II Louisiana 0 Utah
Maine D Vermont
❑ Maryland D Virginia
Massachusetts D Washington
❑ Michigan D West Virginia
Minnesota D Wisconsin
Mississippi D Wyoming
Missouri
❑ Montana
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This form will be used to ensure that you can service other governmental entities throughout the United States as
indicated. Your signature below confirms that you understand your service commitments during the term of a
contract awarded under this proposal.
BWI Companies, Inc
Company Name
Mike Sandler
Signature of Authorzed any Official Printed Name
If this State Service Designation form applies to only one or some of the products and services proposed by Vendor,
list the products and services to which this form applies here:
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BWI COMPANIES, INC. SERVICE AREA
7
IL
KS MO
0 Springfield KY
l
oawh*al C TN
Memphis -
SC
TX MS \0
AL GA.
,"
Corporate
e�r1 Division Office
Howmn ■ Branch Office
S•ulonbury
FL
BWI Corporate Office
1355 North Kings Hwy Nash,TX 75569
Homeslcad
800.442.8443•Fax 903.831.4799
www.bwicompanies.com
BWI Texarkana BWI Jackson BWI Schulenburg
1373 North Kings Hwy Nash,TX 75569 6013 N. McRaven Rd.-Jackson,MS 39209 100 N.Main St.-Schulenburg,TX 78956
903.838.8561 •800.442.8443 601.922.5214•800.395.2580 979.743.4581 •800.460.9713
Fax 903.838.5615 Fax 601.922.8634 Fax 979.743.4578
BWI Dallas/Fort Worth BWI Memphis BWIApopka
1418 Upfield Dr.-Carrollton,TX 75006 4924 Hickory Hill •Memphis,TN 38141 3700 W.Orange Blossom Tr.•Apopka,FL 32712
972.242.4755.800.752.6632 901.367.2941 •800.489.8873 407.884.0242•800.876.9113
Fax 972.242.7675 Fax 901.367.2943 Fax 407.884.0701
BWI Springfield BWI Greenville/Spartanburg BWI Houston
3136 S.Clifton•Springfield, MO 65807 15 Shelter Dr.-Greer, SC 29650 1229 N.Post Oak Rd.•Houston,TX 77055
417.881.3003•800.247.4954 864.968.8961 •800.922.8961 713.682.4388•800.788.8901
Fax 417.881.7055 Fax 864.968.8968 Fax 713.682.6541
BWI Semmes BWI New Summerfield BWI Forest Hill
4130 Illinois-Semmes,AL 36575 21506 US Hwy 79E•Jacksonville,TX 75766 #6 Fish Hatchery Rd.-Forest Hill, LA 71430
251.649.0086-800.395.7556 903.726.3605•800.707.9037 318.748.6361 •800.242.7234
Fax 251.649.0083 Fax 903.726.3339 Fax 318.748.6704
BWI Homestead BWI San Antonio BWI Oklahoma City
1037 NW 4th St.-Homestead, FL 33030 10600 Sentinel Dr.-San Antonio,TX 78217 5109 NW 3rd St.•Oklahoma City,OK 73127
305.247.5115•800.346.8469 210.765.5401, Fax 210.765.5411 405.772.1762•Fax 405.415.9110
Fax 305.247.3511
Grower Technical Sales
21506 US Hwy 79E•Jacksonville,TX 75766
888.447.3403•Fax 903.726.3788
www.growertechnicalsales.com
• DIMI r,. ............ 1_r 11.......,. r.:..,..,
TERMS AND CONDITIONS
CUSTOMER APPLICATION &AGREEMENT Corporate Credit Dept of BWI Companies, fee of 20% unless otherwise authorized. Items
Customers are required to have a current Inc. They will be used for the sole purpose that are special ordered, made to customer
complete Customer Application and of establishing or maintaining a credit line specifications or non-inventory or non-stock
Agreement Form on file with the Company. and this information will be kept strictly items, cannot be returned for any credit due to
Any material change in financial position, confidential. Submission of Financial their special nature.
ownership, or structure of the business Statements does not automatically ensure MOTOR FREIGHT SHIPMENTS
should be reported immediately and a obtaining the credit line desired. The Bill of Lading attached to our invoice
new Customer Application & Agreement BASIC TERMS AND CONDITIONS indicates that material shipped has now
Form submitted. Each sale is complete and binding upon the become your property and is an
NEW CUSTOMER POLICY customer and BWI at the invoicing location. acknowledgement by the transportation
New accounts are welcome. We have All charge invoices are due and payable net company of the receipt of the material
qualified sales assistance available. thirty days from the date of the invoice, in good condition. Safe delivery of the
unless dated terms are specified on the shipment is now the responsibility of the
SALES TAX If a customer is exempt from sales tax they invoice. To receive credit, all damages, carrier. Please examine the shipment
shorts and discrepancies must be reported carefully before signing the freight bill.We
must complete the sales tax portion of the customer application and also include a within 7 days from delivery. In the event,the will be glad to render assistance to trace
COPY of the customer's State Certificate or
Customer fails to timely and fully pay any and recover lost goods.
other documents, as designated by their outstanding invoice, and such invoice MOTOR FREIGHT- SHORTAGE OR DAMAGE
particular state.All other customers will be becomes past due and delinquent, BWI If any damage or shortage is discovered
charged sales tax applicable to their state may,at its option,declare any or all invoices and does not agree with the number on the
laws. with dated terms immediately due and bill of lading, DO NOT accept the shipment
payable and all other invoices immediately without shortage or damage noted on the
RESTRICTED USE PESTICIDE/HERBICIDE due and payable, with the right of freight bill by the carrier's agent. Failure to
APPLICATOR'S/DEALER'S LICENSE C restricted chemicals acceleration of terms of payment. All past do so may jeopardize your recovery. If
The purchase due accounts will be charged a monthly any concealed damage or shortage is
requires that the Company have a copy of service charge at the maximum rate allowed discovered when unpacking, leave the
the appropriate licenses on file. This by state law. material and packing as is and notify
should be done with the filing of the the carrier for a concealed damage or
Customer Application &Agreement. WARRANTIES
In lieu of all other warranties,expressed or shortage inspection. Consult the carrier for
CREDIT LINE implied,including any implied warranty of disposition of damaged or short articles.
In establishing a Credit Line for a Customer, merchantability or fitness for a particular Claims for shortage attributed to our count
several key factors are considered: length purpose, and all other obligations or in packing MUST BE MADE WITHIN 10 DAYS
of years in business, past credit history liabilities, the Company warrants to the from date shipment is received and full
with the Company and from outside credit extent of the purchase price the product details must be provided. Claims for loss
sources, average payment in relations to of damage and transportation charges
purchased as described on the packaging
due date, and various financial ratios within recognized tolerances. Our liability, resulting therefrom, must not be deducted
calculated for current Financial whether contractual, for negligence or from the invoice, nor payment of invoices
Statements. Extra credit may be obtained otherwise, is limited in amount to the withheld awaiting adjustment of such
by furnishing audited statements for the claims,since it is the function of the carrier
purchase price of the product under all
business and by providing financial circumstances and regardless of the to guarantee safe delivery.
statements of the guarantor. It is the nature, cause or extent of loss, and as NOTES
Company's intention to give maximum a condition to any liability on our part, • Not all items are available at all
credit to a customer as long as prompt notification must be received by registered locations.
and correct payments are received mail of any claim that the product is • All exceptions to the above policies will
according to the terms invoices. Past defective within 30 days after the defect need to be considered individually and
dues and change in business conditions has become apparent. will receive prompt, sincere attention.
can immediately reduce Credit Lines or • BWI is not able to accept any returned
cause a Customer to be placed on credit PAYMENTS
The Company is Cash, Check, or merchandise without prior approval.
an
hold or COD.Credit Lines are reviewed and p Y accepts
adjusted,when warranted. Credit Cards (Visa, MasterCard, and
FINANCIAL STATEMENTS Discover). A convenience fee of 2.8% will
Financial Statements are required on all be added to credit card purchases of
$1,000 or more. � t
credit lines of $25,000 or more. These
Financial Statements should include at least RETURN MERCHANDISE POLICY
a summary Balance Sheet and a summary All returns for credit must have the prior
Income Statement for the most recent fiscal written approval of our office and must be
year end. For credit lines in excess of for justifiable reasons. The credit extended
$50,000, Financial Statements as of year for such approved returns will be based on
end are required annually. Financial the invoice value at the time of purchase.
Statements may be mailed directly to the All returns will be assessed a handling
h ........................j...p........
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,00perative Purchasing
12007 Research Boulevard •Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 •buvboard com
NATIONAL PURCHASING COOPERATIVE VENDOR AWARD AGREEMENT
In accordance with the Terms and Conditions associated with this Proposal Invitation, a contract awarded under this Proposal
Invitation may be "piggy-backed" by another governmental entity. The National Purchasing Cooperative is an
intergovernmental purchasing cooperative formed by certain school districts outside of Texas to serve its members throughout
the United States. If you agree to be considered for a piggy-back award by the National Purchasing Cooperative, you agree
to the following terms and agree to serve National Purchasing Cooperative members in the states you have indicated on the
State Service Designation form, in your Proposal.
By signing this form, Proposer (referred to in this Agreement as "Vendor") agrees as follows:
1. Vendor acknowledges that if The Local Government Purchasing Cooperative C'Texas Cooperative") awards Vendor a
contract under this Proposal Invitation C'Underlying Award"), the National Purchasing Cooperative C'National Cooperative")
may - but is not required to - "piggy-back" on or re-award all or a portion of that Underlying Award C'Piggy-Back Award").
By signing this National Cooperative Vendor Award Agreement C'Agreement"), Vendor accepts and agrees to be bound by
any such Piggy-Back Award as provided for herein.
2. In the event National Cooperative awards Vendor a Piggy-Back Award,the National Cooperative Administrator C'BuyBoard
Administrator") will notify Vendor in writing of such Piggy-Back Award, which award shall commence on the effective date
stated in the Notice and end on the expiration date of the Underlying Award,subject to annual renewals as authorized in writing
by the BuyBoard Administrator. Vendor agrees that no further signature or other action is required of Vendor in order for the
Piggy-Back Award and this Agreement to be binding upon Vendor. Vendor further agrees that no interlineations or changes to
this Agreement by Vendor will be binding on National Cooperative, unless such changes are agreed to by its BuyBoard
Administrator in writing.
3. Vendor agrees that it shall offer its goods and services to National Cooperative members at the same unit pricing and
same general terms and conditions, subject to applicable state laws in the state of purchase, as required by the Underlying
Award. However, nothing in this Agreement prevents Vendor from offering National Cooperative members better (i.e., lower)
competitive pricing and more favorable terms and conditions than those in the Underlying Award.
4. Vendor hereby agrees and confirms that it will serve those states it has designated on the State Service Designation Form
of this Proposal Invitation. Any changes to the states designated on the State Service Designation Form must be approved in
writing by the BuyBoard Administrator.
5. Vendor agrees to pay National Cooperative the service fee provided for in the Underlying Award based on the amount of
purchases generated from National Cooperative members through the Piggy-Back Award. Vendor shall remit payment to
National Cooperative on such schedule as it specifies (which shall not be more often than monthly). Further, upon
request, Vendor shall provide National Cooperative with copies of all purchase orders generated from National Cooperative
members for purposes of reviewing and verifying purchase activity. Vendor further agrees that National Cooperative shall
have the right, upon reasonable written notice, to review Vendor's records pertaining to purchases made by National
Cooperative members in order to verify the accuracy of service fees.
6. Vendor agrees that the Underlying Award, including its General Terms and Conditions, are adopted by reference to the
fullest extent such provisions can reasonably apply to the post-proposal/contract award phase. The rights and responsibilities
that would ordinarily inure to the Texas Cooperative pursuant to the Underlying Award shall inure to National Cooperative;
and, conversely, the rights and responsibilities that would ordinarily inure to Vendor in the Underlying Award shall inure to
Vendor in this Agreement. Vendor recognizes and agrees that Vendor and National Cooperative are the only parties to this
Agreement, and that nothing in this Agreement has application to other third parties, including the Texas Cooperative.
In the event of conflict between this Agreement and the terms of the Underlying Award, the terms of this Agreement shall
control, and then only to the extent necessary to reconcile the conflict.
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7. This Agreement shall be governed and construed in accordance with the laws of the State of Rhode Island and venue
for any dispute shall lie in the federal district court of Alexandria, Virginia.
8. Vendor acknowledges and agrees that the award of a Piggy-Back Award is within the sole discretion of National
Cooperative, and that this Agreement does not take effect unless and until National Cooperative awards Vendor a Piggy-Back
Award and the BuyBoard Administrator notifies Vendor in writing of such Piggy-Back Award as provided for herein.
WHEREFORE, by signing below Vendor agrees to the foregoing and warrants that it has the authority to enter into this
Agreement.
BWI Compani s Inp 611 -20
Name a or Proposal Invitation Number
Mike Sandler
Signature of Auth sized parry Official Printed Name of Authorized Company Official
10/3/19
Date
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FEDERAL AND STATETURCHASING COOPERATIVE EXPERIENCE
The Cooperative strives to provide its members with the best services and products at the best prices available from vendors
with the technical resources and ability to serve Cooperative members. Please respond to the following questions.
1. Provide the dollar value of sales to or through purchasing cooperatives at or based on an established catalog or
market price during the previous 12-month period or the last fiscal year: $ _ (The period of the 12
month period is — —— Il,ic--sevent that a dollar value is not an appropriate measure of the sales,
provide and describe your own measure of the sales of the item(s).
2. By submitting a proposal, you agree that, based on your written discounting policies, the discounts you offer the
Cooperative are equal to or better than the best price you offer other purchasing cooperatives for the same items
under equivalent circumstances.
3. Provide the information requested below for other purchasing cooperatives for which Proposer currently serves, or in the
past has served, as an awarded vendor. Rows should be added to accommodate as many purchasing cooperatives
as required.
0•- �- • •�
1. Federal General Services Administration
2. T-PASS(State of Texas)
3. OMNIA Partners
4. Sourcewell (NJPA)
5. E&I Cooperative
6. Houston-Galveston Area Council (HGAC)
7.Choice Partners
8. The Interlocal Purchasing System (TIPS)
9. Other
Ii]MY COMPANY DOES NOT CURRENTLY HAVE ANY OF THE ABOVE OR SIMILAR TYPE CONTRACTS.
CITRRF,NT BUVBOARD VENDORS
If you are a current BuyBoard vendor in the same contract category as proposed in this Proposal Invitation, indicate the
discount for your current BuyBoard contract and the proposed discount in this Proposal. Explain any difference between your
current and proposed discounts.
Current Discount(%): 10 Proposed Discount(%): 10
Ela -EA tio— --------------------------------------------------------------
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&uBaard@
U %J Cooperative Purchasing
12007 Research Boulevard •Austin,Texas 78759-2439 - PH: 800-695-2919 •FAX: 800-211-5454 •buvboard.com
By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to
make this certification.
BWkCq1npanies, Inc
Company Name
Mike Sandler
Signature of Authorized Go pany official Printed Name
Proposal Forms COMM/SVCS v.09.12.2019
Page 29 of 72
&�7Bvard@
V %J Coopsrab1111 Purchasing
12007 Research Boulevard •Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com
GOVERNMENTAL REFERENCES
For your Proposal to be considered, you must supply a minimum of five (5) individual governmental entity references. The
Cooperative may contact any and all references provided as part of the Proposal evaluation. Provide the information requested
below, including the existing price/discounts you offer each customer. The Cooperative may determine whether
prices/discounts are fair and reasonable by comparing prices/discounts stated in your Proposal with the prices/discounts
you offer other governmental customers. Attach additional pages if necessary.
Quantity/
Entity Name Contact Phone# Email Address Discount Volume
1.City of Farmer Branch, Robin Edwards, 972-919-2623. Variable*. $24,396, Delivered
2 Somervell County, Kim Daniels. 254-897-7923. Variable*. $50,000, Delivered
3 City of Grapevine. Lance Wright. 817-410-3336. Variable*. $25,073, Delivered
4 City of Amarillo. Mickey Kantner, 806-378-3028. Variable*. $25,000, Delivered
s.City of Carrollton. Ebonie Williams. 972-466-3133. Variable*. $89,136, Delivered
Do you ever modify your written policies or standard overnmental sales practices as identified in the above chart to give
better discounts (lower prices) than indicated? YES III NOD If YES, please explain:
By signature below, I certify that the above is true and correct and that I am authorized by my company to make this
certification.
BWI Companies, C
-ompa Na e
Signature of Authorized Company Official
Mike Sandler
Printed Name
Proposal Forms COMM/SVCS v.09.12.2019
Page 30 of 72
Beard
Cooperative Purcha -ing
12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 •byboard.com
MARKETING STRATEGY
For your Proposal to be considered, you must submit the Marketing Strategy you will use if the Cooperative accepts all or
part of your Proposal. (Example: Explain how your company will initially inform Cooperative members of your BuyBoard
contract, and how you will continue to support the BuyBoard for the duration of the contract period)
Attach additional pages if necessary.
BWI's primary method of marketing lies in its sales force. All sales staff, and including outside salespeople
ans inside sales suppport, will be trained on BuyBoard procedures for quoting and ordering so they can walk
cooperative members through the entire purchasing process. We look to continue the strong history of
promoting and using BuyBoard as our primary vehicle of servicing our cooperative customers. As a
company, we have reported sales of almost in excess of one million dollars from June 2017 through
January 15, 2020 on the previous BuyBoard contract 529-17 and we are committed to grow that number.
We will promote and advertise that we are a vendor for BuyBoard at all industry functions and trade shows.
BWI Companies, Inc _
Company Name
'�Ta.of�
Signature of Authorized Company Official
Mike Sandler
Printed Name
Proposal Forms COMM/SVCS v.09.12.2019
Page 31 of 72
Board
Cooperative Purchasing
12007 Research Boulevard- Austin,Texas 78759-2439 - PH: 800-695-2919 •FAX: 800-211-5454 •buvboard.com
CONFIDENTIAL/ PROPRIETARY INFORMATION
A, Public Disclosure Laws
All Proposals, forms, documentation, or other materials submitted by Vendor to the Cooperative in response to this
Proposal Invitation, including catalogs and pricelists, may be subject to the disclosure requirements of the Texas Public
Information Act (Texas Government Code chapter 552.001, et seq.) or similar disclosure law. Proposer must clearly
identify on this form any information in its Proposal (including forms, documentation, or other materials submitted with the
Proposal) that Proposer considers proprietary or confidential. If Proposer fails to properly identify the information, the
Cooperative shall have no obligation to notify Vendor or seek protection of such information from public disclosure should a
member of the public or other third party request access to the information under the Texas Public Information Act or
similar disclosure law. Proposer will be notified of any third party request for information in a Proposal that Proposer has
identified in this form as proprietary or confidential.
Does your Proposal(including forms,documentation,or other materials submitted with the Proposal)contain information which
Vendor considers proprietary or confidential?
Please check CV�l one of the following:
NO, I certify that none of the information included with this Proposal is considered confidential or proprietary.
❑ YES I certify that this Proposal contains information considered confidential or proprietary and all such information is
specifically identified on this form.
If you responded "YES", you must identify below the specific information you consider confidential or proprietary. List each
page number, form number, or other information sufficient to make the information readily identifiable. The Cooperative
and its Administrator will not be responsible for a Proposer's failure to clearly identify information considered confidential or
proprietary. Further, by submitting a Proposal, Proposer acknowledges that the Cooperative and its Administrator will disclose
information when required by law, even if such information has been identified herein as information the vendor considers
confidential or proprietary.
Confidential / Proprietary Information:
(Attach additional sheets if needed.)
Proposal Farms COMM/SVCS v.09.12.2019
Page 32 of 72
Pwhoar R
CooperatI118 Purchasing
12007 Research Boulevard •Austin,Texas 78759-2439 - PH:800-695-2919 • FAX: 800-211-5454 •buvboard.com
Copyright Information
Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain copyright
information?
Please check W)one of the followina:
II NO, Proposal (including forms, documentation,or other materials submitted with the Proposal)does not
contain copyright information.
DYES, Proposal(including forms, documentation,or other materials submitted with the Proposal)does
contain copyright information.
If you responded "YES", identify below the specific documents or pages containing copyright information.
Copyright Information: -----------------------------------------------------------------------
(Attach additional sheets if needed.)
Consent to Release Confidential/Proprietary/Copvriahtlnformation to BuyBoard Members
BuyBoard members (Cooperative and nonprofit members)seeking to make purchases through the BuyBoard may wish to view
information included in the Proposals of awarded Vendors. If you identified information on this form as confidential, proprietary,
or subject to copyright,and you are awarded a BuyBoard contract,your acceptance of the BuyBoard contract award constitutes
your consent to the disclosure of such information to BuyBoard members, including posting of such information on the secure
BuyBoard website for members. Note: Neither the Cooperative nor its Administrator will be responsible for the use or
distribution of information by BuyBoard members or any other party.
2,Consent to Release Proposal Tabulation
Notwithstanding anything in this Confidential/Proprietary Information form to the contrary, by submitting a Proposal,
Vendor consents and agrees that, upon Contract award, the Cooperative may publically release, including posting on the
public BuyBoard website, a copy of the proposal tabulation for the Contract including Vendor name; proposed catalog/pricelist
name(s); proposed percentage discount(s), hourly labor rate(s), or other specified pricing; and Vendor award or non-award
information.
By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by
my company to make this certification and all consents and agreements contained herein.
BWI Companie Inc
-omp N e
/Ji7___t1
alfgnature of Authorized Company Official
Mike Sandler
Printed Name
10/3/19
Date
Proposal Forms COMM/SVCS v.09.12.2019
Page 33 of 72
&uiward@
Cooperative Purchasing
12007 Research Boulevard •Austin,Texas 78759-2439 - PH: 800-695-2919 •FAX: 800-211-5454 •buvboard.com
VENDOR BUSINESS NAME
By submitting a Proposal, Proposer is seeking to enter into a legal contract with the Cooperative. As such, a Proposer must
be an individual or legal business entity capable of entering into a binding contract. Proposers, must completely and accurately
provide the information requested below or your Proposal may be deemed non-responsive.
Name of Proposing company: _B_W_I_C_o_m_p_a_n_ie_S_,_In c _
(List e"c—_name of the company seeking to contract with the Cooperative. Do NOT list an assumed name, dba, aka, etc. here. Such information may
be provided below. If you are submitting a joint proposal with another entity to provide the same proposed goods or services, each submitting entity
should complete a separate vendor information form. Separately operating legal business entities, even if affiliated entities, which propose to provide
goods or services separately must submit their own Proposals.)
Please check ly; one of the following:
Type of Business:
Individual/Sole Proprietor
Corporation X
Limited Liability Company
Partnership
Other If other, identify
State of Incorporation (if applicable): _T_e_X a_s
Federal Employer Identification Number: 75-1789544
(Vendor must include a completed IRS W-9 form with their proposal)
List the Name(s) by which Vendor, if awarded, wishes to be identified on the BuyBoard: (Note: If different than the Name of
Proposing Company listed above, only valid trade names (dba, aka, etc.) of the Proposing Company may be used and a copy of your Assumed Name
Certiflcate(s), if applicable, must be attached.)
Proposal Forms COMM/SVCS v.09.12.2019
Page 34 of 72
Form W-9 Request for Taxpayer Give Form to the
(Rev.December2asur Identification Number and Certification requester.Do not
Department of the Treasury Send t0 the IRS.
Internal Revenue Service
Name(as shown your lr me tax return).Name is requlred this line;do not leave this line blank.
GG�! nip Sr YL'
N
2 8usines� ---------------------------------------------------
A)
11 ---------------------------------
_
3 Check appropriate box for federal tax cation:check only one of the following seven boxes: 4 Exemptions(codes apply only to
certain entitles,not Individuals:see
o O Individual/sole proprietor or {J?"C Corporation O S Corporation O Partnership D Tmst/estate instructions on page 3):
8• single-member LLC Exem t a ee code if an
.1: ... Limited liability company.Enter the tax classification(C=C corporati m,S=S corporation,P=partnership) p pay ( y) —
0 L Note.For a single-member LLC t 1at Is disregarded,do not check L-C,check the appropriate box in theline above for Exemption from FATCA reporting
e ti the tax classification of the single-member owner. code QI any)
D he y.�p}�yrr �)�{ I I • (Applies e $(op maintained outsid9 h6 U.S j
[n'J7 "/]I_1_� �`V'/ _I- �• �t Requester's name andaddre$$(optlonaQ
J S l7)la,-;; ziU l
�SooLo
7 Lisi account number(s) here(optionaQ
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number
backup withholding. For individuals,this is generally your social security number(S pSN).However,for a DIJ
— I
resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3. For other
entities,it is your employer identification number(EIN).If you do not have a number,see How to get a
T/N on page 3. or
Note.If the account is in more than one name,see the instructions for line 1 and the chart on page 4 for rEmployer identification number
guidelines on whose number to enter. PR —1 _7 11Y11 115t 4W
Certification
Under penalties of pe ury,I certify that:
1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and
2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding;and
3. I am a U.S.citizen or other U.S.person(defined below);and
4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage
interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and
generally,payments other than interest and dividends,you e t re ired to sign the certification,but you must provide your correct TIN.Seethe
instructions on page 3.
ell
Sign Signature of► Ilk //
Here I U.S.pen
on pate Cl /
General Instructions •Form 1098(home mortgage interest),1098-E(student loan interest),1098-T
(tuition)
Section references are to the Internal Revenue Code unless otherwise noted. •Form 1099-C(canceled debt)
Future developments.Information about developments affecting Form W-9(such Form 1099-A(acquisition or abandonment of secured property)
as legislation enacted after we release it)is at wwwirs.gov/fw9.
Use Form W-9 only if you are a U.S.person(including a resident alien),to
Purpose of Form provide your correct TIN.
An individual or entity(Form W-9 requester) who is required to file an information If you do not return Form W-9 to the requester with a TIN,you might be subject
return with the IRS must obtain your correct taxpayer identification number(TIN) to backup withholding,See What is backup withholding?on page 2.
which may be your social security number(SSN),individual taxpayer identification By signing the filled-out form,you:
number(MIN),adoption taxpayer identification number(ATIN),or employer 1.Certify that the TIN you are giving is correct(or you are waiting fora number
identification number(EIN),to report on an information returr.i the amount paid to to be issued),
you,or other amount reportable on an information return.Examples of information
returns include,but are not limited to,the following: 2.Certify that you are not subject to backup withholding,or
• Form 1099-INT(interest earned or paid) 3.Claim exemption from backup withholding if you are a U.S.exempt payee.If
• Form 1099-DIV(dividends,including those from stocks or mutual funds) applicable,you are also certifying that as a U.S.person,your allocable share of
any partnership income from a U.S.trade or business is not subject to the
•Form 1099-MISC(various types of income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and
•Form 1099-B(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA code(s)entered on this form(if any)indicating that you are
brokers) exempt from the FATCA reporting,is correct.See What is FATCA reporting?on
•Form 1099-S(proceeds from real estate transactions) page 2 for further information.
• Form 1099-K(merchant card and third party network transactions)
Cat.No. 10231X Form W-9(Rev. 12-2014)
Duiward@
Cooperative Purchasing
12007 Research Boulevard •Austin,Texas 78759-2439 - PH:800-695-2919 • FAX: 800-211-5454 •buvboard.com
EDGAR VENDOR CERTIFICATION
(2 CFR Part 200 and Appendix II)
When a Cooperative member seeks to procure goods and services using funds under a federal grant or contract, specific
federal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited
to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for
Federal Awards, 2 CFR 200 (sometimes referred to as the "Uniform Guidance" or new "EDGAR"). All Vendors submitting
proposals must complete this EDGAR Certification Form regarding Vendor's willingness and ability to comply with certain
requirements which may be applicable to specific Cooperative member purchases using federal grant funds. This completed
form will be made available to Cooperative members for their use while considering their purchasing options when using
federal grant funds. Cooperative members may also require Vendors to enter into ancillary agreements, in addition to the
BuyBoard contract's general terms and conditions, to address the member's specific contractual needs, including contract
requirements for a procurement using federal grants or contracts.
For uxi. of the items below, Vendor should certify Vendor's agreement and ability to comply, where
applicable, by having Vendor's authorized representative complete and initial the applicable boxes and sign
the acknowledgment at the end of this form. If you fail to complete any item in this form, the Cooperative
will consider and may list the Vendor's response on the BuyBoard as 'WO, the Vendor Is unable or unwilling
to comply. A "NO" response to any of the items may, if applicable, impact the ability of a Cooperative member to
purchase from the Vendor using federal funds.
1. Vendor Violation or Breach of Contract Terms:
Contracts for more than the Simplified Acquisition Threshold, which is the inflation adjusted amount determined by the Civilian
Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils)as authorized by 41 USC 1908, must
address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and
provide for such sanctions and penalties as appropriate.
Provisions regarding Vendor default are included in the BuyBoard General Terms and Conditions, including Section E.18,
Remedies for Default and Termination of Contract. Any Contract award will be subject to such BuyBoard General Terms
and Conditions, as well as any additional terms and conditions in any Purchase Order, Cooperative member ancillary contract,
or Member Construction Contract agreed upon by Vendor and the Cooperative member which must be consistent with and
protect the Cooperative member at least to the same extent as the BuyBoard Terms and Conditions.
The remedies under the Contract are in addition to any other remedies that may be available under law or in equity. By
submitting a Proposal, you agree to these Vendor violation and breach of contract terms.
2. Termination for Cause or Convenience:
For any Cooperative member purchase or contract in excess of$10,000 made using federal funds, you agree that the following
term and condition shall apply:
The Cooperative member may terminate or cancel any purchase order under this Contract at any time, with or without
cause, by providing seven (7) business days advance written notice to the Vendor. If this Agreement is terminated in
accordance with this Paragraph, the Cooperative member shall only be required to pay Vendor for goods or services
delivered to the Cooperative member prior to the termination and not otherwise returned in accordance with Vendor's
return policy. If the Cooperative member has paid Vendor for goods or services not yet provided as of the date of
termination, Vendor shall immediately refund such payment(s).
If an alternate provision for termination of a Cooperative member purchase for cause and convenience, including the manner
by which it will be effected and the basis for settlement, is included in the Cooperative member's purchase order, ancillary
agreement, or Member Construction Contract agreed to by the Vendor, the Cooperative member's provision shall control.
Proposal Forms COMM/SVCS v.09.12.2019
Page 35 of 72
DzmHoard@
Cooperative Purchasing
12007 Research Boulevard •Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com
3. Equal Employment Opportunity:
Except as otherwise provided under 41 CFR Part 60, all Cooperative member purchases or contracts that meet the definition
of"federally assisted construction contract" in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause
provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity"(30 FIR 12319,
12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246
Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR Part 60, "Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor."
The equal opportunity clause provided under 41 CFR 60-1.4(b)is hereby incorporated by reference. Vendor agrees that such
provision applies to any Cooperative member purchase or contract that meets the definition of"federally assisted construction
contract" in 41 CFR Part 60-1.3 and Vendor agrees that it shall comply with such provision.
4. Davis-Bacon Act:
When required by Federal program legislation, Vendor agrees that, for all Cooperative member prime construction
contracts/purchases in excess of$2,000, Vendor shall comply with the Davis-Bacon Act(40 USC 3141-3144, and 3146-3148)
as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts
Covering Federally Financed and Assisted Construction"). In accordance with the statute, Vendor is required to pay wages
to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determinate made by the Secretary
of Labor. In addition, Vendor shall pay wages not less than once a week.
Current prevailing wage determinations issued by the Department of Labor are available at wdol.aov. Vendor agrees that,
for any purchase to which this requirement applies, the award of the purchase to the Vendor is conditioned upon Vendor's
acceptance of the wage determination.
Vendor further agrees that it shall also comply with the Copeland "Anti-Kickback" Act (40 USC 3145), as supplemented by
Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed
in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must
be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work,
to give up any part of the compensation to which he or she is otherwise entitled.
5. Contract Work Hours and Safety Standards Act:
Where applicable, for all Cooperative member contracts or purchases in excess of$100,000 that involve the employment of
mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor
regulations (29 CFR Part 5). Under 40 USC 3702 of the Act,Vendor is required to compute the wages of every mechanic
and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible
provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours
worked in excess of 40 hours in the work week. The requirements of 40 USC 3704 are applicable to construction work and
provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles
ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
6. Right to Inventions Made Under a Contract or Agreement:
If the Cooperative member's Federal award meets the definition of "funding agreement" under 37 CFR 401.2(a) and the
recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance or experimental, developmental, or research work under that "funding
agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made
by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"
and any implementing regulations issued by the awarding agency.
Vendor agrees to comply with the above requirements when applicable.
Proposal Forms COMM/SVCS v.09.12.2019
Page 36 of 72
Board®
Cooperative Purchasing
12007 Research Boulevard •Austin,Texas 78759-2439 - PH: 800-695-2919 •FAX: 800-211-5454 •buvboard.com
7. Clean Air Act and Federal Water Pollution Control Act:
Clean Air Act(42 USC 7401-7671 q.)and the Federal Water Pollution Control Act(33 USC 1251-1387), as amended-Contracts
and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to
comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401- 7671q.) and
the Federal Water Pollution Control Act, as amended (33 USC 1251-1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
When required, Vendor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean
Air Act and the Federal Water Pollution Control Act.
8. Debarment and Suspension:
Debarment and Suspension (Executive Orders 12549 and 12689)- A contract award (see 2 CFR 180.220) must not be made
to parties listed on the government-wide exclusions in the System for Award Management(SAM), in accordance with the OMB
guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part
1989 Comp. p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than
Executive Order 12549.
Vendor certifies that Vendor is not currently listed on the government-wide exclusions in SAM, is not debarred, suspended,
or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order
12549. Vendor further agrees to immediately notify the Cooperative and all Cooperative members with pending purchases
or seeking to purchase from Vendor if Vendor is later listed on the government-wide exclusions in SAM, or is debarred,
suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than
Executive Order 12549.
9. Byrd Anti-Lobbying Amendment:
Byrd Anti-Lobbying Amendment (31 USC 1352) --Vendors that apply or bid for an award exceeding $100,000 must file the
required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to
pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member
of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant or any other award covered by 31 USC 1352. Each tier must also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to
tier up to the non-Federal award. As applicable, Vendor agrees to file all certifications and disclosures required by, and
otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352).
10. Procurement of Recovered Materials:
For Cooperative member purchases utilizing Federal funds, Vendor agrees to comply with Section 6002 of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information
and certifications as a Cooperative member may require to confirm estimates and otherwise comply. The requirements of
Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR
Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level
of competition,where the purchase price of the item exceeds$10,000 or the value of the quantity acquired during the preceding
fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource
recovery, and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA
guidelines.
11. Profit as a Separate Element of Price:
For purchases using federal funds in excess of the Simplified Acquisition Threshold, a Cooperative member may be required
to negotiate profit as a separate element of the price. See, 2 CFR 200.323(b). When required by a Cooperative member,
Vendor agrees to provide information and negotiate with the Cooperative member regarding profit as a separate element
of the price for a particular purchase. However, Vendor agrees that the total price, including profit, charged by Vendor to
the Cooperative member shall not exceed the awarded pricing, including any applicable discount, under Vendor's Cooperative
Contract.
Proposal Forms COMM/SVCS v.09.12.2019
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&uBuard@
Cooperative Purchasing
12007 Research Boulevard. Austin,Texas 78759-2439 - PH: 800-695-2919 •FAX: 800-211-5454 • buvboard.com
12. General Compliance and Cooperation with Cooperative Members:
In addition to the foregoing specific requirements, Vendor agrees, in accepting any Purchase Order from a Cooperative
member, it shall make a good faith effort to work with Cooperative members to provide such information and to satisfy
such requirements as may apply to a particular Cooperative member purchase or purchases including, but not limited to,
applicable recordkeepina and record retention reauirements.
Vendor Certificatiom:
YES, I agree or
Vendor Certification Item No. NO I do NOT a ree In•
1. Vendor Violation or Breach of Contract Terms Yes
2. Termination for Cause or Convenience Yes
3. Equal Employment Opportunity Yes
4. Davis-Bacon Act Yes
5. Contract Work Hours and Safety Standards Act Yes
6. Right to Inventions Made Under a Contract or Agreement Yes
7. Clean Air Act and Federal Water Pollution Control Act Yes
8. Debarment and Suspension Yes
9. Byrd Anti-Lobbying Amendment Yes
10. Procurement of Recovered Materials Yes
11. Profit as a Separate Element of Price Yes
12. General Compliance and Cooperation with Cooperative Members Yes
By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by
my company to make this certification and all consents and agreements contained herein.
BWI ComP,anies Inc
Mmpaye f
Signature of AutOrIzed Company Official
Mike Sandler
Printed Name
Proposal Forms COMM/SVCS v.09.12.2019
Page 38 of 72
AyBaard
Cdoperaffveft O R Ong
12007 Research Boulevard ' Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 •buyboard.com
PROPOSAL INVITATION OUESTIONNAIRE
The Cooperative will use your responses to the questions below in evaluating your Proposal and technical and financial
resources to provide the goods and perform the services ("Work' under the BuyBoard contract contemplated by this
Proposal Invitation ("Contract'o. Proposers must fully answer each question, numbering your responses to correspond to
the questions/numbers below. Proposers must complete below or attach your responses to this questionnaire, sign where
indicated below, and submit the signed questionnaire and your responses to all questions in one document with your
Proposal. You must submit the signed questionnaire and responses with your Proposal or the Proposal will
not be considered.
1. List the number of years Proposer has been in business and former business names (if applicable). Note whether your
company is currently for sale or involved in any transaction that would significantly alter its business or result in
acquisition by another entity.
BWI has been in business since 1959 (61+ years). Is has always been known as BWI.
We continue to be family owned company.
2. Describe the resources Proposer has to manage staff and successfully perform the Work contemplated under this
Contract. State the number and summarize the experience of company personnel who may be utilized for the Work,
including those who will be available to Cooperative members for assistance with project development, technical issues,
and product selection for Work associated with this Contract.
Our average tenure of our sales force is 12 plus years.
3. Describe Proposer's financial capability to perform the Contract. State or describe the firm's financial strength and
rating, bonding capacity, and insurance coverage limits. State whether the firm, or any of the firm's past or present
owners, principal shareholders or stockholders, or officers, have been a debtor party to a bankruptcy, receivership, or
insolvency proceeding in the last 7 years, and identify any such debtor party by name and relationship to or position
with your firm.
BWI has no outstanding debt. BWI owns all infrastructure as well as brick and mortar locations.
Proposal Forms COMM/SVCS v.09.12.2019
Page 39 of 72
Dzinrard@
Cooperative Purchasing
12007 Research Boulevard •Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 •buvboard.com
4. Does your company have any outstanding financial judgments and/or is it currently in default on any loan or financing
agreement? If so, provide detailed information on the nature of such items and prospects for resolution.
No
5. List all contracts, if any, in the last 10 years on which Proposer has defaulted, failed to complete or deliver the work, or
that have been terminated for any reason. For each such contract, provide the project name, scope, value and date
and the name of the procuring entity. Fully explain the circumstances of the default, failure to complete or deliver the
work, or termination.
None
6. List all litigation or other legal proceedings (including arbitration proceedings), if any, in the last 10 years brought
against your firm, or any of the firm's past or present owners, principal shareholders or stockholders, officers, agents or
employees, that relates to or arises from a contract similar to this Contract or the work contemplated under this Contract.
Provide the style of the lawsuit or proceeding (name of parties and court or tribunal in which filed), nature of the claim,
and resolution or current status.
Nonemi
By signature below, I certify that the information contained in and/or attached to this Proposal Invitation
Questionnaire in response to the above questions is true and correct and that I am authorized by my
company to make this certification.
BWI Companies, Inc
mp ny me
signature of Authorized Company Official
Proposal Forms COMM/SVCS v.09.12.2019
Page 40 of 72
Rtg
Board®
Cooperative Purchasing
12007 Research Boulevard •Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 •buvboard.com
REQUIRED FORMS CHECKLIST
(Please check(v) the following)
[] Completed: Proposer's Agreement and Signature
[] Completed: Vendor Contact Information
[] Completed: Felony Conviction Disclosure and Debarment Certification
Completed: Resident/Nonresident Certification
[] Completed: No Israel Boycott Certification
[] Completed: No Excluded Nation or Foreign Terrorist Organization Certification
[] Completed: Historically Underutilized Business (HUB)Certification)
[] Completed: Construction Related Goods and Services Affirmation
[] Completed: Deviation/Compliance
[] Completed: Location/Authorized Seller Listings
[] Completed: Manufacturer Dealer Designation
[] Completed: Texas Regional Service Designation
[] Completed: State Service Designation
0 Completed: National Purchasing Cooperative Vendor Award Agreement
[] Completed: Federal and State/Purchasing Cooperative Experience
[] Completed: Governmental References
[] Completed: Marketing Strategy
[] Completed: Confidential/Proprietary Information
Completed: Vendor Business Name with IRS Form W-9
[] Completed: EDGAR Vendor Certification
[] Completed: Proposal Invitation Questionnaire
[] Completed: Required Forms Checklist
[] Completed: Proposal Specification Form with Catalogs/Pricelists and Manufacturer Letters
`Catalogs/frlcellsts mustbe submitted with propo5,3/response or response will not be consider
Proposal Forms COMM/SVCS v.09.12.2019
Page 41 of 72
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EXHIBIT C
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B.23, 84th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received
has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor
meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An
offense under this section is a misdemeanor.
LJ Name of vendor who has a bu 'Hess relationship with local governmental entity.
D I ►M� � 5,
Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
Name of local government officer about whom the"nformation is being disclosed.
A
Name of Officer
Describe each employment or other business relationship with the local government officer, or a family member of the
officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described.Attach additional pages to this Form
CIQ as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
Oyes No
B. Is the vendor receiving or likely to receive taxable income,other than investment income, from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
Oyes No
VV Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director, or holds an
ownership interest of one percent or more.
❑ Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2}{B), excluding gifts described in Section 176.003(a-1).
Signature of vendor doing fuJsii:1 with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021
C i ty of F0 rt Wo rth. ToxaS
Mayor and Council Communicatim
DATE! 10f OM MAC FILE NUMBER! M&C 2M777
LOOT NAME: 13P611-20 GROUNDS MAINTENANCE EQUIP CC PARD
SUBJECT
{A1 li Authorize Purchase Agreernem wrth Multiple Vendors for Grounds Mamtenance Equipment, Irrigation Parts,Supplies and Installations
Using a Cooperative Contract for City Departmerrts in 1he Comtmi-ed Annual Amount Up to$725,000M and Authorize Two Annual Renewal
Options
RECOMMENDAT10N=
It is recommended that the Crty Ccaurril auttxree purchase tents with the vendors listed tekm for grounds maiflEnance equpmenl,
irrigation part, supplies and instarations using Texas Assoawdion of Schad Boards I Buo oerd)Camara No.611-20(or City Departrimmis in the
aomhined annual amcunt up to$726.0X.00 and auftriaetwo annual renewal ophcros.
DISC IJSSIdN=
The Pumharsng DrAsran aarrlacled all City departments to partiroats it a cooperatrve agreement far grounds meintena"m equipment,irrigation
parb,m4*fir s and installations;five departments responded. DelpmtTbeirrla will purchase new equ Qriient and replacemerrt pieces from multiple
Yerdora.
Staflreoommends awarding multiple vendors offering a variety of products offered through BuySaard Contract Not 611-20.Recommended
werdm and award amounts are listed bElow:
Von&r ward
BWI Companies, Ina 61354000-0
Profesaranal Turf Products, LP $155-000-0
SiteOn2 Landscape: upply 6130,000-0
WinFre 1d 11 need $S15-000-00
�Ewiirg Irrigation Pm&xb, Inc $56,00 -00
FLinIo& Eguprnefd&Supper, Inc. S43-DM-00
�LSIVI Ouldour Power 522-000-00
�KM Suppfjr,Inc. S5,2M.00
JHouston I-Ilialdings, LLC,dha, $0 500 00
JRC A5sooieteri, LLC
MaskiTurf Products and $1 +s+00 f10
Services,Inc.
Ili Carntryr Oukkxx Powwer iwooam
n I
Kubota Tractor Carporahcn SSS-Md_40
Turf&Tmck)r2 5,00d�D0
Slate law provides that a local gommmern pufcharng an item under a coapa.ado purchasing agreement aatisfies steGe laws requiring that 1he
local gayerrrnent seek can-ipetitnfe bids for purcher,,e of the itsum Waard contracts haVE been camp 4trweFy bid to increase and simpirfy the
purchasing power of go Ernment entrtie5`
A MBFJSBE goal is not asergried when purchasing from an approved prrd-iaskq aDWuative or public entity.
This agreementwll oamrr*erxm upon GtyCcunci appra:al,and end May 31,2021 Io eoirKide with BuyBoard contract No.61V20.
The BuyBoard Agreement may be renewed at 1he Cib/s opiinn for two addibanal orr--)rear 1en175 if BuyBoard renewL fts oentreCt The ection w s
not require specdc;tarty Council apprcwal prcwided that 1he City Counal has appropriated sufficient funds 4a satisfy the C yY.obligetnrte dumg the
renewal ierrrt
FISCAL INFORMATION r C ERTI FICATION:
The Direcbcf of FnarcE cartifiea thm furl are available in the ourrerrt cpwating and rapdal budgets~as prey ashy appropriated,in the
parucipau g departiment9'berating and Capital Funds to support the approval of the above recommendaton and purchase agreement. Prior to
any exo--ndrtum being incurred the parfic"riy deparmwnts heave the responaib*ly to velidete the availability offurcls.
Submitted for Cily Mana pers Off mein W: jay Chapa 58M
Oflui natinu Ousiness Unit Head: Reginald Zeno 6517
Additional Information Cantatt: Cnmia Gary 0525
Cristina Camarillo 8355