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Home My WebLink AboutContract 59314CSC No. 59314 FORT WORTH CITY OF FORT WORTH NON-EXCLUSIVE COOPERATIVE PURCHASE AGREEMENT This non-exclusive Cooperative Purchase Agreement ("Agreement") is entered into by and between Zimmerer Kubota and Equipment, Inc. ("Vendor") and the City of Fort Worth, ("City"), a Texas home rule municipality. The Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1. This Non -Exclusive Cooperative Purchase Agreement; 2. Exhibit A — Seller's Quote, Scope of Services or Purchase Order; OFFICIAL RECORD 3. Exhibit B — Cooperative Agency Contract Rental Services of Construction CITY SECRETARY Equipment, Vehicles, and Other Equipment / BB646-21; and FT. WORTH, Tx 4. Exhibit C — Conflict of Interest Questionnaire Exhibits A, B, and C, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the provisions of this Agreement. Total payment made under this non-exclusive Agreement for the first year by City shall not exceed Nine Hundred Thirty -Nine Thousand Six Hundred Forty -Two Dollars and Zero Cents ($939,642.00). The Parties acknowledge that this is a non-exclusive agreement to provide City with rental services of construction equipment, vehicles, and other equipment and there is no guarantee of any specific amount of work. Further, Vendor recognizes that the not to exceed amount mentioned above is the total amount of funds available, collectively, for any Vendor that enters into an agreement with the City under BuyBoard Cooperative Contract No. 646-21 and that once the collected not to exceed amount has been exhausted, funds have therefore been exhausted under this Agreement as well. Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. The term of this Agreement is effective beginning on the date signed by the Assistant City Manager below ("Effective Date") and expires on June 30, 2023 in line with cooperative contract. Upon the expiration of this Term, the Agreement shall renew automatically under the same terms and conditions for up to one (1) one-year renewal periods (July 1, 2023 to June 30, 2024), unless City or Vendor provides the other party with notice of non -renewal at least 60 days before the expiration of the Initial Term or renewal period. However, if funds are not appropriated, the City may cancel the Agreement 30 calendar days after providing written notification to the Vendor. Vendor agrees that City shall, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: To VENDOR: City of Fort Worth Zimmerer Kubota and Equipment. Inc. Attn: William Johnson, Assistant City Manager 200 Texas Street Address: Fort Worth, TX 76102-6314 5165 Mark Parkway Facsimile: (817) 392-8654 Fort Worth, TX 76106 With copy to Fort Worth City Attorney's Office at Facsimile: 817-581-1297 same address The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Vendor. CITY OF FORT WORTH: 10 l� William Johnson (Mqf 3, 202315:14 CDT) Name: William Johnson Title: Assistant City Manager Date: May 3, 2023 APPROVAL RECOMMENDED: to _114— ' Lauren Prieur (May 3, 2023 13:42 CDT) Name: Lauren Prieur Title: TPW Director ATTEST: in 4.p44UpQ�� Aa�'°� FORt .0 C�`o 0.10 o Pvo o=a° PC 0 o, o aa4r4' g4pA Name: Jannette Goodall Title: City Secretary VENDOR: Zimmerer "bota and Equipment, Inc. By: / A-I-JILA— _ Name: zT c7 v r-N /'. L V C- Title: It�SS S7 C Al !7%bli Date: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. 7—ta�cl 4A� Name: Traci Akin Title: Sr. Administrative Assistant APPROVED AS TO FORM AND LEGALITY: By: OQ Name: Jessika Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 23-0196 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Exhibit A - Quote ZIMMERER KUBOTA RENTAL BUY BOARD #646-21 Tractor/Loader * 4 Days = 1 Week B2301HSD 1566lbs R4 Tires 4' Mower 4' Box Blade 4' Tiller L3560HST 3505 Ibs R1 Poly filled tires, Turf tires available 5' Mower 6' Mower 6' Landscape Rake 5' Box Blade 6' Tiller 8' Chain Harrow Broadcast Spreader MX4800HST/5200HST R1 Tires, single rear remote 6' Mower 6' Box Blade 6' Disc Harrow 6' Tiller Broadcast Spreader 6' Landscape Rake M 606OH DC R1 Tires, Turf tires available 6' Mower 8' Mower 6' Disc Harrow 8' Disc Harrow 6' Box Blade Broadcast Spreader M7060 HDC R1 Tires, two rear remotes 8' Mower 8' Disc Harrow 12' Batwing Mower M5-091HDC/111HDC R1 Tires, three rear remotes 8' Mower 8' Disc Harrow 15' Batwing Mower M6S-111HDC R1 Tires, two/three rear remotes 8' Mower 3729 Ibs 5358 Ibs 5380 Ibs 7033 Ibs 9789 Ibs RENTAL RATES DAILY WEEKLY 4 WEEKS 130 520 1560 182 728 2184 182 728 2184 192 768 2304 145 580 1740 221 884 2652 236 944 2832 212 848 2544 207 828 2484 269 1076 3228 197 788 2364 218 872 2616 175 700 2100 266 1064 3192 248 992 2976 278 1112 3336 299 1196 3588 248 992 2976 242 968 2904 221 884 2652 311 1244 3732 381 1524 4572 324 1296 3888 371 1484 4452 293 1172 3516 293 1172 3516 234 936 2808 394 1576 4728 384 1536 4608 452 1808 5424 247 988 2964 407 1628 4884 397 1588 4764 452 1808 5424 284 1136 3408 445 1780 5340 Date of Revision 4/7/2023 Page 1 of 6 ZIMMERER KUBOTA RENTAL 8' Disc Harrow 15' Batwing Mower M6S-141HDC R1 Tires, two/three rear remotes 8' Mower 8' Disc Harrow 15' Batwing Mower M7-152P 10945 Ibs 14647 Ibs Excavators * 3.5 Days = 1 Week K008 Track Width 2'4" - 2'10" Operating Weight 2200 Ibs Dig Depth 5'8" KX018/1.117 - tight tail swing Track Width 33" - 4'1" Operating Weight 3,703 Dig Depth 77' U27 - tight tail swing Track Width 4111" Operating Weight 5,688 Dig Depth 9'5" KX71 w/hydr. thumb Track Width 4'11" Operating Weight 6,550 Ibs Dig Depth 919" KX033/1.135 - tight tail swing, w/hydr. thumb *add $40 per day for Cab Track Width 57' Operating Weight 8,478 Ibs Dig Depth 919" KX040 w/hydr. thumb *add $40 per day for Cab Track Width 57' Operating Weight 9,790 Ibs Dig Depth 11'6" U48- tight tail swing, w/ hydr. thumb Track Width 615" Operating Weight 11,818 Ibs Dig Depth 10'8" 435 1470 5220 554 2216 6648 414 1656 4968 574 2296 6888 564 2256 6768 683 2732 8196 673 2692 8076 RENTAL RATES DAILY WEEKLY 4 WEEKS 156 546 1638 191 669 2007 197 690 2070 202 707 2121 Hydraulic Hammer 383 1341 4023 218 763 2289 259 907 2721 Hydraulic Hammer 399 1397 4191 237 830 2490 278 973 2919 Hydraulic Hammer 418 1463 4389 310 1085 32SS Date of Revision 4/7/2023 Page 2 of 6 ZIMMERER KUBOTA RENTAL U55 - tight tail swing, w/hydr. thumb Track Width 6'6" Operating Weight 11,915 Ibs Dig Depth 11'10" KX057 w/hydr. thumb and enclosed cab Track Width 6'6" Operating Weight 12,200 Ibs Dig Depth 12'8" KX080 w/hydr. Thumb and enclosed cab Track Width 7'3" Operating Weight 18,280 Ibs Dig Depth 15' Tractor Loader Backhoe B26TLB R4 Tires Operating Weight 4001 Ibs Dig Depth 8'3" M62TLB R4 Tires Operating Weight 8925 Dig Depth 1211" Hydraulic Hammer Forestry Mulcher *4Days =IWeek * 3.5 Days = 1 Week Hydraulic Hammer Utility Vehicles * 3.5 Days = 1 Week RTVXG850 Sidekick Gasoline, 2 Seats RTVX1120 Diesel, 2 seats RTVX1140 Diesel, 4 seats 268 938 2814 310 1085 3255 337 1180 3540 559 1957 5871 777 2720 8160 RENTAL RATES DAILY WEEKLY 4 WEEKS 191 764 2292 257 900 2700 438 1533 4599 94 329 987 98 343 1029 119 417 1251 Zero Turn Mowers * 4 Days = 1 Week Z7 Series Gasoline 48" Deck 135 540 1620 Z7 Series Gasoline 60" Deck 171 684 2052 ZD1021 Diesel 60" Deck 181 724 2172 ZD1211 Diesel 72" Deck 192 768 2304 Compact Construction Walk Behind/ Stand on Trencher, Barreto * 4 Days = 1 Week 171 684 2052 Date of Revision 4/7/2023 Page 3 of 6 ZIMMERER KUBOTA RENTAL Operating weight 1085 Ibs, 36" Boom, 4" Chain, rubber tracks Ride on Trencher, Vermeer RTX450 * 3.5 Days = 1 Week 284 994 2982 Operating weight 4650 Ibs, 48" Slide Boom, 6" Chain, rubber tires Wood Chipper, Vermeer BC1000XL * 3 Days = 1 Week 363 1089 3267 Trailer Pull, Hydraulic Feed, 12" Rating Vacuum Excavator Trailer *3.5 Days = 1 Week VACTRON CV573GT, gasoline 404 1414 4242 Pintle Hitch, 580 CFM, 500 gal debris VACTRON LP573XDT, diesel *3 Days = 1 Week 508 1524 4572 Pintle Hitch, 580 CFM, 500 gal debris Stump Grinder 259 777 2331 RENTAL RATES DAILY WEEKLY 4 WEEKS * 3.5 Days = 1 Week: SSV65 - RT25 SSV65/75* 156 546 1638 Operating weight 6800/8160 Ibs, *add $40 per day for Cab 197 690 2070 SVL65H 228 798 2394 Operating weight 8035 Ibs. SVL75-2HWC* 259 907 2721 Operating weight 9040/9320 Ibs, *add $40 per day for Cab 301 1054 3162 Hydraulic Post Hole Digger 399 1397 4191 Danuser Post Driver 492 1476 4428 6' Brush Cutter - cab included 461 1614 4842 Powered Rake 441 1544 4632 Intimidator Tree Grapple 389 1362 4086 Dozer Blade 415 1453 4359 Grapple 337 1180 3540 Hydraulic Hammer - cab included 482 1687 5061 SVL95-2SHFC/SVL97-2HFC 363 1271 3813 Operating weight 11575 Ibs Hydraulic Post Hole Digger 502 1757 5271 Intimidator Tree Grapple 492 1722 5166 Dozer Blade 518 1813 5439 Grapple 440 1540 4620 Hydraulic Hammer 544 1904 5712 6' Extreme Duty Cutter 622 2177 6531 Forestry Mulcher 803 2811 8433 ASV RT25 Mini Skid 202 707 2121 Operating weight 3755 Ibs, 48" wide VERMEER Stand On Mini Skid S725TX/925TX *4 Days = 1 Week 171 684 2052 Operating weight 2600 Ibs, 36" wide Hydraulic Post Hole Digger 233 932 2796 Trencher 248 992 2976 Pallet Forks 197 788 2364 Date of Revision 4/7/2023 Page 4 of 6 ZIMMERER KUBOTA RENTAL DAILY RENTAL RATES WEEKLY 4 WEEKS Implements/Attachments Bale Spear, BS10/BS20 32 128 384 Box Blade 4' 52 208 624 5' 62 248 744 6' 73 292 876 Chain Harrow 8' 52 208 624 Disc Harrow 6' 104 416 1248 8' 150 600 1800 Dozer Blade, Skid Steer attachment ATP84, 6 way adjustment, 84" 156 546 1638 Fertilizer Spreader FSP1000 73 292 876 Forestry Mulcher, Skid Steer, High Flow, Cab required U ML/SSL150VT 440 1540 4620 UML/SSL150BL, SONIC 440 1540 4620 Forestry Mulcher, Excavator attachment, Cab required DML/HY100 440 1540 4620 Grapple, Skid Steer attachment Brush or Construction 77 270 810 Tree Grapple - Intimidator 130 455 1365 Hydraulic Hammer SFB500 Fits KX71, U35, KX040, SVL75 181 634 1902 SFB1500 Fits KX080 222 777 2331 Landscape Rake, 3 Point 6' 68 272 816 Millcreek Top Soil 315 1260 3780 Model: 4300 Mower, Rotary Cutter, 3 Point 4' 52 208 624 5' 77 308 924 6' 91 364 1092 8' 160 640 1920 Mower, Rotary Cutter, Batwing 12' 218 872 2616 15' 269 1076 3228 Date of Revision 4/7/2023 Page 5 of 6 ZIMMERER KUBOTA RENTAL DAILY RENTAL RATES WEEKLY 4 WEEKS Mower, Skid Steer Attachment 6' Standard Flow 160 560 1680 6' High Flow, Extreme Duty 259 907 2721 Pallet Forks, Skid Steer attachment 48" 41 144 432 Mini -Forks 26 91 273 Post Driver Danuser SM40 233 932 2796 Post Hole Digger Skid Steer attachment, standard flow 140 490 1470 36" Auger Bit, without machine or implement 52 182 546 Mini -skid Make: MCMI Model: X1500 62 217 651 Power Rake, Skid Steer attachment MX7H, 84" 182 637 1911 Rock Bucket, Skid Steer attachment 72" Shoule B6 77 270 810 Skid Sweeper - APAB84 156 546 1638 Tiller, Skid Steer attachment 76" 156 546 1638 Tiller, 3-pt tractor attachment RTR1250/RGR1250 62 248 744 RTR1258/RGR1258 73 292 876 RTR1274/RGR1274 124 496 1488 Trencher, Skid Steer attachment 48" boom, 6" or 12" chain 156 546 1638 Mini -skid trencher 86 344 1032 Tractor and 22' Boom Mower 100+ hp tractor, delivery required 932 3076 11715 Date of Revision 4/7/2023 Page 6 of 6 Exhibit B - COOP Contract W:Board° May, 4 2021 Sent Via Email: stevel@jkmail.com Steve Lee Zimmer Kubota and Equipment 5165 Mark Parkway Fort Worth, TX 76106 Welcome to BuyBoard! P.O. Box 400, Austin, Texas 78767 SM695.2919 • info@buyboard.com • buyboard.com Re: Notice of The Local Government Purchasing Cooperative ContractAward; Proposal Invitation No. 646-21, Rental Services of Construction Equipment, Vehicles, and Other Equipment Congratulations, The Local Government Purchasing Cooperative (Cooperative) has awarded your company a BuyBoard® contract based on the above -referenced Proposal Invitation. The contract is effective for an initial one-year term of June 30, 2021 through May 31, 2022 and may be subject to two possible one-year renewals. Please refer to the Proposal Invitation for the contract documents, including the General Terms and Conditions of the Contract. To review the items your company has been awarded, please review Proposal Tabulation No. 646-21 at: www.buyboard.com/vendor. Only items marked as awarded to your company are included in this contract award, and only those awarded items may be sold through the BuyBoard contract. All sales must comply with the contract terms and must be at or below the awarded pricing as set forth in the General Terms and Conditions. The contract will be posted on the BuyBoard website as an online electronic catalog(s). You are reminded that, in accordance with the General Terms and Conditions, all purchase orders must be processed through the BuyBoard. Except as expressly authorized in writing by the Cooperative's administrator, you are not authorized to process a purchase order received directly from a Cooperative member that has not been processed through the BuyBoard or provided to the Cooperative. If you receive a purchase order directly from a Cooperative member that you have reason to believe has not been received by the Cooperative or processed through the BuyBoard, you must promptly forward a copy of the purchase order by email to info@buyboard.com. A list of Cooperative members is available on the buyboard.com website. The BuyBoard vendor relations staff will be contacting you to assist with the resources available and to provide any support you may need as an awarded BuyBoard vendor. On behalf of the Cooperative, 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 (select option "2"). Arturo Salinas Asst. Division Director, Cooperative Purchasing Texas Association of School Boards, Inc., Administrator for The Local Government Purchasing Cooperative v.02.01.2021 M9 TASAV Endorsed by T a Na[ional School Endorsedby -NSBA' Boards Association May 4, 2021 Sent Via Email: stevel@jkmail.com Steve Lee Zimmerer Kubota and Equipment 5165 Mark Parkway Fort Worth, TX 76106 Welcome to BuyBoard! Re: Notice of National Purchasing Cooperative Award, Proposal Invitation No. 646-21, Rental Services of Construction Equipment, Vehicles, and Other Equipment Congratulations, The National Purchasing Cooperative (National Cooperative) has awarded your company a BuyBoard® contract based on the above -referenced Proposal Invitation. The contract is effective for an initial one-year term of July 1, 2021 through June 30, 2022, and may be subject to two possible one-year renewals. Please refer to the Proposal Invitation for the contract documents, including the National Purchasing Cooperative Vendor Award Agreement and General Terms and Conditions of the Contract. To review the items your company has been awarded, please review Proposal Tabulation No. 646-21 at www.buyboard.com/vendor. Only items marked as awarded to your company are included in this contract award, and only those awarded items may be sold through the BuyBoard contract. All sales must comply with the contract terms and must be at or below the awarded pricing as set forth in the General Terms and Conditions. The contract will be posted on the BuyBoard website as an online electronic catalog(s). You are reminded that, in accordance with the General Terms and Conditions, all purchase orders from National Cooperative members must be processed through the BuyBoard. Except as expressly authorized in writing by the Cooperative's administrator, you are not authorized to process a purchase order received directly from a National Cooperative member that has not been processed through the BuyBoard or provided to the Cooperative. If you receive a purchase order directly from a National Cooperative member that you have reason to believe has not been received by the National Cooperative or processed through the BuyBoard, you must promptly forward a copy of the purchase order by e-mail to info@buyboard.com A list of National Cooperative members is available on the buyboard.com website. The BuyBoard vendor relations staff will be contacting you to assist with resources available and provide any support you may need as an awarded BuyBoard vendor. 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 (select option "2'�. Sincerely, Arturo Salinas, Asst. Division Director, Cooperative Purchasing v.02.01.2021 titi P 0. Box 400. Austin. Texas 78767-0400 800.695.2919 • dvyboard.com Board® Cooperative 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: Rental Services of Construction Equipment, Vehicles and Other Equipment Proposal Number: 646-21 Contract Time Period: July 1, 2021 through June 30, 2022 with two (2) possible one-year renewals. Name of Proposing Company Proposal Due Date/Opening Date and Time: January 21, 2021 at 4:00 PM Location of Proposal Opening: Texas Association of School Boards, Inc. BuyBoard Department 12007 Research Blvd. Austin, TX 78759 Anticipated Cooperative Board Meeting Date: April 2021 bK 1-4-2021 Date )1 41 ) M Pf? K I U T" K w Street Address Signature of Authorized Company Official �� ► Steven F. Lee City, State, Zip Printed Name of Authorized Company Official 817-281-6143-:;�;:� Telephone Number of Authorized Company Official Position or Title of Authorized Company Official 817-581-1297 75-1763592 Fax Number of Authorized Company Official Federal ID Number Page 9 of 62 Proposal Forms COMM/SVCS v.12.19.2019 Board® Cooperative Purchasing 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's 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 10 of 62 Proposal Forms COMM/SVCS v.12.19.2019 Board® Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com Name of Company: VENDOR CONTACT INFORMATION i ce_ K v DG Vendor Proposal/Contract Contact Name: Vendor Proposal/Contract Contact E-mail Address: S-te v P_ ( Vendor Contact Mailing Address for Proposal/Contract Notices: o (Z,T 0, 1 1. Company Website: z i vn rvv-- re- kL be t o . C-o 11" 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 following address: Purchase Order E-mail Address: te—Ye- ( k vv►__. I . �� = II-% Purchase Order Contact: 'e� Phone: 96 7- 2$ A — G I tf 3 Alternate Purchase Order E-mail Address: �1 k "'C' I( -c-otvi Alternate Purchase Order Contact: &cNN Q S-5,01 A A3 Phone: V 7 ` Xi l - 4 1 `{ 3 ❑ Purchase orders may be received by the Designated Dealer(s) identified on my company's Dealer Designation form as provided to the Cooperative administrator. I understand that my company shall remain responsible for the Contract and the performance of all Designated Dealers under and in accordance with the Contract. Request for Quotes ("RFO"): Cooperative members will send RFQs to you by e-mail. Please provide e-mail addresses for the receipt of RFQs: RFQ E-mail Address: 'Ste - WE RFQ Contact: _<'TGQ iG r t: Phone: % 7- / if 3 Alternate RFQ E-mail Address: f0 P& ►'1 nca 11 erE� `Z% moc , Alternate RFQ Contact: 102ftj Jf} rr ,l Phone: Page 11 of 62 Proposal Forms COMM/SVCS v.12.19.2019 Boa d Cooperative Purch sing 12007 Research Boulevard , Austin, Texas 78759-2439 - PH: 800-695 9919 ' FAX: 800-211-5454 Invoices: Your company will be billed monthly for the service fee du 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: W Service fee invoices and related communications should be provided directly to my company at: Invoice Mailing address: P O Box 162389 Department: City: Fort Worth State: TX Zip Code: 76161 Contact Name: Steve Lee Phone: 8 1 7-281-6143 Invoice Fax: 817-581 - Invoice E-mail Address: steve I(aD z k m a i l. co m Alternative Invoice E-mail Address: ❑ 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: City: Billing Agent Contact Name: Billing Agent Fax: State: Billing Agent E-mail Address: Alternative Billing Agent E-mail Address: Department: Zip Code: Phone: ** If Vendor authorizes a billing agent to receive and process service fee invoices, in accordance with the General Terms and Conditions of the Contract, Vendor specifically acknowledges and agrees that nothing in that designation shall relieve Vendor of its responsibilities and obligations under the Contract including, but not limited to, payment of all service fees under any Contract awarded Vendor. Page 12 of 62 Proposal Forms COMM/SVCS v.12.19.2019 PFBoard® Capperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.com FELONY CONVICTION DISCLOSURE AND DEBARMENT CERTIFICATION FELONY CONVICTION DISCLOSURE Subsection (a) of Section 44.034 of the Texas Education Code (Notification of Criminal History of Contractor) states: "A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony." Section 44.034 further states in Subsection (b): "A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract." Please check W) one of the following: ❑ My company Is a publicly -held corporation. (Advance notice requirement does not apply to publicly -held corporation.) ❑■ My company is not owned or operated by anyone who has been convicted of a felony. ❑ My company is owned/operated by the following individual(s) who has/have been convicted of a felony: Name of Felon(s): Details of Conviction(s): By signature below, I certify that the above information is true, complete and accurate and that I am authorized by my company to make this certification. Zimmerer Kubota & Company Name Steven F. Lee Sign,6ture of Authorized Company Official Printed Name DEBARMENT CERTIFICATION Neither my company nor an owner or principal of my company has been debarred, suspended or otherwise made ineligible for participation in Federal Assistance programs under Executive Order 12549, "Debarment and Suspension," as described in the Federal Register and Rules and Regulations. Neither my company nor an owner or principal of my company is currently listed on the government -wide exclusions in SAM, debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. My company agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from my company if my company or an owner or principal is later listed on the government -wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification. Zimmerer Kubota��,��, ��• Company Name Steven F. Lee Signature of Authorized Company Official Printed Name Page 13 of 62 Proposal Forms COMM/SVCS v.12.19.2019 Board® Cooperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com RESIDENT/ NONRESIDENT CERTIFICATION Chapter 2252, Subchapter A, of the Texas Government Code establishes certain requirements applicable to proposers who are not Texas residents. Under the statute, a "resident" proposer is a person whose principal place of business is in Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in Texas. A "nonresident" proposer is a person who is not a Texas resident. Please indicate the status of your company as a "resident" proposer or a "nonresident" proposer under these definitions. Please check (,/) one of the following_ ❑■ I certify that my company is a Resident Proposer. ❑ I certify that my company is a Nonresident Proposer. If your company is a Nonresident Proposer, you must provide the following information for your resident state (the state in which your company's principal place of business is located): Company Name City Address State Zip Code A. Does your resident state require a proposer whose principal place of business is in Texas to under -price proposers whose resident state is the same as yours by a prescribed amount or percentage to receive a comparable contract? ❑ Yes ❑ 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 (,/) one of the following_ ❑ 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. , Zimmerer Kubota - Lju pmew)t iN-'c_ 4 Company Name Signature of Authorized Company Official Steven F. Lee - Printed Name Page 14 of 62 Proposal Forms COMM/SVCS v.12.19.2019 PFBoard® Capperative 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. .e Zimmerier Kubot, Company Name _/ h-,Iv � , Silgnature of A thorized Company Official Steven F . Lem Printed Name Note; If Vendor does not wish to make this certification, return the blank form in lieu of a completed certification, NO EXCLUDED NATION OR FOREIGN TERRORIST ORGANIZATION CERTIFICATION Effective September 1, 2017, Chapter 2252 of the Texas Government Code provides that a Texas governmental entity may not enter into a contract with a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization — specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.) By signature below, I certify and verify that Vendor is not on the Texas Comptroller's list identified above; that this certification is true, complete and accurate; and that I am authorized by my company to make this certification. Zimmerier Kubotc-tl�i �►� �� - Company Name � t1l, Steven F . Le e Signature of Au h rized Company Official Printed Name Page 15 of 62 Proposal Forms COMM/SVCS v.12.19.2019 Board® 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 (1/) all that apply: ❑ I certify that my company has been certified as a HUB in the following categories: ❑ Minority Owned Business ❑ Women Owned Business ❑ Service -Disabled Veteran Owned Business (veteran defined by 38 U.S.C. §101(2), who has a service -connected disability as defined by 38 U.S.C. § 101(16), and who has a disability rating of 20% or more as determined by the U. S. Department of Veterans Affairs or Department of Defense) Certification Number: Name of Certifying Agency: XMy 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. Zimmerer Kubota & Eauiprnc_-n-c , Rc- Company Name Signature of Authorized Company Official Page 16 of 62 Proposal Forms COMM/SVCS v.12.19.2019 Board® Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com CONSTRUCTION- RELATED GOODS AND SERVICES AFFIRMATION A contract awarded under this Proposal Invitation covers only the specific goods and services awarded by the BuyBoard. As explained in the BuyBoard Procurement and Construction Related Goods and Services Advisory for Texas Members ("Advisory'% Texas law prohibits the procurement of architecture or engineering services through a purchasing cooperative. This BuyBoard contract does not include such services. Architecture or engineering services must be procured by a Cooperative member separately, in accordance with the Professional Services Procurement Act (Chapter 2254 of the Texas Government Code) and other applicable law and local policy. The Advisory, available at buyboard.com/Vendor/Resources.asi)x, 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. Zimmerer Kubota Company Name Signature of Authorized Company Official 1-4-2021 Date Steven F. Lee - Printed Name Page 17 of 62 Proposal Forms COMM/SVCS v.12.19.2019 Board® Cooperative Purchasing 12007 Research Boulevard * Austin, Texas 78759-2439 - PH: 800-695-2919 , FAX: 800-211-5454 ' buyboard.com DEVIATION AND COMPLIANCE If your company intends to deviate from the General Terms and Conditions, Proposal Specifications or other requirements associated with this Proposal Invitation, you MUST list all such deviations on this form, and provide complete and detailed information regarding the deviations on this form or an attachment to this form. The Cooperative will consider any deviations in its contract award decision and reserves the right to accept or reject a proposal based upon any submitted deviation. In the absence of any deviation identified and described in accordance with the above, your company must fully comply with the General Terms and Conditions, Proposal Specifications and all other requirements associated with this Proposal Invitation if awarded a contract under this Proposal Invitation. A deviation will not be effective unless accepted by the Cooperative. The Cooperative may, in its sole discretion, seek clarification from and/or communicate with Proposer(s) regarding any submitted deviation, consistent with general procurement principles of fair competition. The Cooperative reserves the right to accept or reject a proposal based upon any submitted deviation. Please check (-/) one of the following: b4 NO; Deviations ❑ Yes; Deviations List and fully explain any deviations you are submitting: PLEASE PROVIDE THE FOLLOWING INFORMATION: 1. Shipping Via: ❑ Common Carrier Company Truck )& Prepaid and Add to Invoice ❑ Other: 2. Payment Terms: Net 30 days ❑ 1% in 10/Net 30 days ❑ Other: 3. Number of Days for Delivery: j�—ARO 4. Vendor Reference/Quote Number: ocNcA 5. State your return policy: !F- Tri(- Q&4reb NI Actl,w, 6- 6. Are electronic payments acceptable? NYes ❑ No 7. Are credit card payments acceptable? L Yes El No Z i rv�rh�re.�` V bii 3 LCr �J . v ''�i Co any Na a ignature o Authorized Company Official Printed Name L-e& �0 F$!L Page 18 of 62 Proposal Forms COMM/SVCS v.12.19.2019 Board® Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 , buyboard.com LOCATION/AUTHORIZED SELLER LISTINGS If you have more than one location/authorized seller that will service a contract awarded under this Proposal Invitation, please list each location/authorized seller below. If additional sheets are required, please duplicate this form as necessary. NOTE: Awarded Vendors shall remain responsible for all aspects of the Contract, including processing of Purchase Orders, and shall be responsible for the performance of all locations and authorized sellers under and in accordance with the Contract. If you are a product manufacturer and wish to designate Designated Dealers as defined in the General Terms and Conditions to receive Cooperative member Purchase Orders on your behalf, you must complete the Manufacturer Designated Dealer form. Company Name Address City Phone Number Contact Person Company Name Address City Phone Number Contact Person State Fax Number Zip State Zip Fax Number Page 19 of 62 Proposal Forms COMM/SVCS v.12.19.2019 PFBoard® Cooperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 - PH: 800-695-2919 , FAX: 800-211-5454 1 buyboard.com MANUFACTURER DEALER DESIGNATION If Vendor is a manufacturer that sells products through a dealer network and wishes to designate a dealer or multiple dealers ("Designated Dealers' to receive Cooperative member Purchase Orders on Vendor's behalf, you must complete this form for each dealer you wish to designate. Regardless of any Designated Dealers submitted by Vendor, Vendor specifically agrees and acknowledges that any such designations are for Vendor's convenience only and shall not, if Vendor is awarded a Contract, relieve Vendor of any obligations under the Contract, including payment of Cooperative service fees on all Purchase Orders submitted to Vendor or any Designated Dealer. In accordance with the General Terms and Conditions, an awarded Vendor shall remain responsible and liable for all of its obligations under the Contract and the performance of both Vendor and any of Vendor's Designated Dealers under and in accordance with the Contract and remain subject to all remedies for default thereunder, including, but not limited to suspension and termination of Vendor's Contract for nonpayment of service fees. If awarded, Vendor authorizes the Cooperative, in its sole discretion, to list any Vendor Designated Dealers in the BuyBoard system and to receive Purchase Orders directly from Cooperative members on behalf of Vendor. To the extent a Vendor with Designated Dealers receives a Purchase Order directly, it shall be the responsibility of Vendor to appropriately process such Purchase Order in accordance with the Contract, including but not limited to timely forwarding such Purchase Order to a Designated Dealer for processing. The Cooperative reserves the right, in its sole discretion, to refuse addition of, or request removal of, any Designated Dealer, and Vendor agrees to immediately require such Designated Dealer to cease accepting Purchase Orders or otherwise acting on Vendor's behalf under the Contract. Further, the Cooperative's administrator shall be authorized to remove or suspend any or all Designated Dealers from the BuyBoard at any time in its sole discretion. If you wish to designate a dealer to service a contract awarded under this Proposal Invitation, please list the Designated Dealer below and have this form signed by an official of your company authorized to make such designation. If you wish to designate multiple dealers, please duplicate this form as necessary. Designated Dealer Name Designated Dealer Address City Phone Number State Zip Fax Number Email address Designated Dealer Tax ID Number* (*attach W-9) Designated Dealer Contact Person Your Company Name Signature of Authorized Company Official Page 20 of 62 Proposal Forms COMM/SVCS v.12.19.2019 AwBoard® Capperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.com TEXAS REGIONAL SERVICE DESIGNATION The Cooperative (referred to as "Texas Cooperative" in this form and in the State Service Designation form) offers vendors the opportunity to service its members throughout the entire State of Texas. If you do not plan to service all Texas Cooperative members statewide, you must indicate the specific regions you will service on this form. If you propose to serve different regions for different products or services included in your proposal, you must complete and submit a separate Texas Regional Service Designation form for each group of products and clearly indicate the products or services to which the designation applies in the space provided at the end of this form. By designating a region or regions, you are certifying that you are authorized and willing to provide the proposed products and services in those regions. Designating regions in which you are either unable or unwilling to provide the specified products and services shall be grounds for either rejection of your proposal or, if awarded, termination of your Contract. Additionally, if you do not plan to service Texas Cooperative members (i.e., if you will service only states other than Texas), you must so indicate on this form. Regional Education Service Centers Zimmerer Kubota & E( . , inc-- Company , arse , 9 Signsttire of Autho(ized Company Official Steven F. Lee Printed Name 0 I will service Texas Cooperative members statewide. ❑ I will not service Texas Cooperative members statewide. I will only service members in the regions checked below: Region and Headquarters ❑ 1 Edinburg ❑ 2 Corpus Christi ❑ 3 Victoria ❑ 4 Houston ❑ 5 Beaumont ❑ 6 Huntsville ❑ 7 Kilgore ❑ 8 Mount Pleasant ❑ 9 Wichita Falls ❑ 10 Richardson ❑ 11 Fort Worth ❑ 12 Waco ❑ 13 Austin ❑ 14 Abilene ❑ 15 San Angelo ❑ 16 Amarillo ❑ 17 Lubbock ❑ 18 Midland ❑ 19 El Paso ❑ 20 San Antonio ❑ I will not service members of the Texas Cooperative. Page 21 of 62 Proposal Forms COMM/SVCS v.12.19.2019 PFBoard® Cooperative Purchasing 12007 Research Boulevard , Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com If this Texas Regional Service Designation form applies to only one or some of the products and services proposed by Vendor, list the products and services to which this form applies here: Page 22 of 62 Proposal Forms COMM/SVCS v.12.19.2019 Board® Cooperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 - PH: 800-695-2919 , FAX: 800-211-5454 1 buyboard.com 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 Nall that apply: ❑ I will service all states in the United States. V I will not service all states in the United States. I will service only the states checked below: Alabama Alaska Arizona Arkansas California (Public Contract Code 20118 & 20652) Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana ❑ Nebraska ❑ Nevada ❑ New Hampshire ❑ New Jersey 9 New Mexico ❑ New York ❑ North Carolina ❑ North Dakota ❑ Ohio ❑■ Oklahoma ❑ Oregon ❑ Pennsylvania ❑ Rhode Island ❑ South Carolina ❑ South Dakota ❑ Tennessee ❑ Texas ❑ Utah ❑ Vermont ❑ Virginia ❑ Washington ❑ West Virginia ❑ Wisconsin ❑ Wyoming Page 23 of 62 Proposal Forms COMM/SVCS v.12.19.2019 Board® Cooperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.com This form will be used to ensure that you can service other governmental entities throughout the United States as indicated. Your signature below confirms that you understand your service commitments during the term of a contract awarded under this proposal. Zimmerer Kubota & Ect a Signature of Authorized Company Official 1 tic, Company Name Steven F. Lee Printed Name If this State Service Designation form applies to only one or some of the products and services proposed by Vendor, list the products and services to which this form applies here: Page 24 of 62 Proposal Forms COMM/SVCS v.12.19.2019 DuBoard® Capperativeft huyfng 12007 Research Boulevard • Austin, Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com NATIONAL PURCHASING COOPERATIVE VENDOR AWARD AGREEMENT In accordance with the Terms and Conditions associated with this Proposal Invitation, a contract awarded under this Proposal Invitation may be "piggy -backed" by another governmental entity. The National Purchasing Cooperative is an intergovernmental purchasing cooperative formed by certain school districts outside of Texas to serve its members throughout the United States. If you agree to be considered for a piggy -back award by the National Purchasing Cooperative, you agree to the following terms and agree to serve National Purchasing Cooperative members in the states you have indicated on the State Service Designation form, in your Proposal. By signing this form, Proposer (referred to in this Agreement as "Vendor") agrees as follows: 1. Vendor acknowledges that if The Local Government Purchasing Cooperative ("Texas Cooperative's awards Vendor a contract under this Proposal Invitation ("Underlying Award', the National Purchasing Cooperative ("National Cooperative' may - but is not required to - "piggy -back" on or re -award all or a portion of that Underlying Award ("Piggy -Back Award'. By signing this National Cooperative Vendor Award Agreement ("Agreement's, Vendor accepts and agrees to be bound by any such Piggy -Back Award as provided for herein. 2. In the event National Cooperative awards Vendor a Piggy -Back Award, the National Cooperative Administrator ("BuyBoard Administrator's 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. Page 25 of 62 Proposal Forms COMM/SVCS v.12.19.2019 Board® Cooperative Purchasing 12007 Research Boulevard , Austin, Texas 78759-2439 - PH: 800-695-2919 , FAX: 800-211-5454 ' buyboard.com 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. Zimmerer Kubotac., Name Of Vendor % Si§nature of Authorized Company Official ►tlk�646-21 Proposal Invitation Number Steven F. Lee Printed Name of Authorized Company Official 1-4-2021 Date Proposal Forms COMM/SVCS v.12.19.2019 Page 26 of 62 PFBoard® Capperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 ' buyboard.com FEDERAL AND STATE/PURCHASING COOPERATIVE EXPERIENCE The Cooperative strives to provide its members with the best services and products at the best prices available from vendors with the technical resources and ability to serve Cooperative members. Please respond to the following questions. 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: $ 500,000.00 . (The period of the 12 month period is 1-1-202(/ 1-1-202 ). In the event that a dollar value is not an appropriate measure of the sales, provide and describe your own measure of the sales of the item(s). 2. By submitting a proposal, you agree that, based on your written discounting policies, the discounts you offer the Cooperative are equal to or better than the best price you offer other purchasing cooperatives for the same items under equivalent circumstances. 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. PURCHASING GROUPCURRENT 1. Federal General Services Administration VENDOR? FORMER VENDOR (Y/N)? — IF YES, LIST YEARS D•' AWARDED COMMODITY •. 2. T-PASS (State of Texas) 3. OMNIA Partners 4. Sourcewell (NIPA) 5. E&I Cooperative 6. Houston -Galveston Area Council (HGAC) 7. Choice Partners 8. The Interlocal Purchasing System (TIPS) 9. Other ❑ MY COMPANY DOES NOT CURRENTLY HAVE ANY OF THE ABOVE OR SIMILAR TYPE CONTRACTS. Ni CURRENT BUYBOARD VENDORS If you are a current BuyBoard vendor in the same contract category as proposed in this Proposal Invitation, indicate the discount for your current BuyBoard contract and the proposed discount in this Proposal. Explain any difference between your current and proposed discounts. Current Discount (%): 10 Proposed Discount (%): 10 Explanation: Same voducts, same vice sheet same discount Page 27 of 62 Proposal Forms COMM/SVCS v.12.19.2019 Board® 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. zed Company Official b� IC_. Steven F. Lee Printed Name Proposal Forms COMM/SVCS v.12.19.2019 Page 28 of 62 DwBoard® Capperativeft hnsfng 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.�1?v�r��:., 1sa %6�;� L�� °��-✓rce.-��I� I�,n��-rv�n�r��.r�ez' lob .�� 156 i t'c.60 1 SO R S 17 - 3C-r - :3 4-11 A v, (off - 9(, - -7f, 13 �+laorAen 1 j. r1c IO�a 1917—(olS--9z`10 JAR" e �^-a- . a,v r no ed to r% � sd . lift ,9t 7- 9%/ G LI Z 3 u i m Zo2c a1�a► $)'11c6 i N -Mzo 1 7 AO 76 $ 7a0 iiuz zc Do you ever modify your written policies or standard vernmental sales practices as identified in the above chart to give better discounts (lower prices) than indicated? YES [ANO ❑ 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. Comp y Name Signature of Authorized Company Official ( 'TELfcIU f • UIC-e Printed Name Page 29 of 62 Proposal Forms COMM/SVCS v.12.19.2019 Board® Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 " PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com MARKETING STRATEGY For your Proposal to be considered, you must submit the Marketing Strategy you will use if the Cooperative accepts all or part of your Proposal. (2g mp/e; Explain how your company will initially inform Cooperative members of your BuyBoard contract and how you will continue to support the Bu Board for the duratioon f th t ct d y / e con ra perio .) Attach additional pages if necessary. Zmmae& yi3erA jew4c,6S 6M)R' r4 c>N 6c C2N1 th & vSrry AiPRZKPOIAi'�j a evouf>— To-raL, —vA vc-. 004 N 4 C v l= G IlAvC 'i-P- t. J Ac ' S, N —. A- AC-1 N rW A-r C.b u �,&S xifyiS R v r5 i Ica r LZ-S> t-1-36 .� _' NA N &FrC>R'T i is Tom" uR O 1' cr 11J hfr. G � 014C 4S10Zt. N-A Z Sit Company Name Signature of Authorized Company Official c& i Aj !'' . L>Ct; Printed Name Page 30 of 62 Proposal Forms COMM/SVCS v.12.19.2019 �1f r1 4- c14ASt Board® Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com CONFIDENTIAL/ PROPRIETARY INFORMATION A. Public Disclosure Laws All Proposals, forms, documentation, or other materials submitted by Vendor to the Cooperative in response to this Proposal Invitation, including catalogs and pricelists, may be subject to the disclosure requirements of the Texas Public Information Act (Texas Government Code chapter 552.001, et seq.) or similar disclosure law. Proposer must 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 parry 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 M one of the following: NNO, 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.) Page 31 of 62 Proposal Forms COMM/SVCS v.12.19.2019 Board® Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com B. Copyright Information Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain copyright information? Please check (J) one of the following_ NO, Proposal (including forms, documentation, or other materials submitted with the Proposal) does not contain copyright information. ❑ YES, Proposal (including forms, documentation, or other materials submitted with the Proposal) does contain copyright information. If you responded "YES", identify below the specific documents or pages containing copyright information. Copyright Information: (Attach additional sheets if needed.) C. Consent to Release Confidential/Proorietary/Copyright Information to BuyBoard Members BuyBoard members (Cooperative and nonprofit members) seeking to make purchases through the BuyBoard may wish to view information included in the Proposals of awarded Vendors. If you identified information on this form as confidential, proprietary, or subject to copyright, and you are awarded a BuyBoard contract, your acceptance of the BuyBoard contract award constitutes your consent to the disclosure of such information to BuyBoard members, including posting of such information on the secure BuyBoard website for members. Note: Neither the Cooperative nor its Administrator will be responsible for the use or distribution of information by BuyBoard members or any other parry. D. Consent to Release Proposal Tabulation Notwithstanding anything in this Confidential/Proprietary Information form to the contrary, by submitting a Proposal, Vendor consents and agrees that, upon Contract award, the Cooperative may publicly 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. Zimmerer Kubota�o�>�� 1� Company, ame Signature of Authorized Company Official Steven F. Lee Printed Name 1-4-2021 Date Page 32 of 62 Proposal Forms COMM/SVCS v.12.19.2019 Board® Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com VENDOR BUSINESS NAME By submitting a Proposal, Proposer is seeking to enter into a legal contract with the Cooperative. As such, a Proposer must be an individual or legal business entity capable of entering into a binding contract. Proposers, must completely and accurately provide the information requested below or your Proposal may be deemed non -responsive. Name of Proposing Company: n►1�'►ck_l? (List the /eoa/ 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 M one of the following: Type of Business: Individual/Sole Proprietor Corporation Limited Liability Company Partnership Other If other, identify State of Incorporation (if applicable): Texas Federal Employer Identification Number: 75-1763592 (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: Ifdifferentthan the Name of Proposing Company listed above, only valid trade names (dba, aka, etc.) of the Proposing Company may be used and a copy of your Assumed Name Certificate(s), if applicable, must be attached.) Zimmerer Kubota & Eauigment, Inc Page 33 of 62 Proposal Forms COMM/SVCS v.12.19.2019 W-9 Request for Taxpayer Give Form Form (Rev. October2018) Identification Number and Certification to the requester. Do not Department of the Treasury Internal Revenue Service ► Go to www.irs.gov/FormWg for instructions and the latest information. send to the IRS. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Zimmerer Kubota & Equipment, Inc. 2 Business name/disregarded entity name, if different from above y3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to following seven boxes. certain entities, not individuals; see a cp ❑� C Cor ElIndividual/sole proprietor or poration ❑ S Corporation ❑ Partnership ❑ Trust/estate instructions on page 3): e. O single member LLG Exempt payee code (if any) ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► `o H Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is Exemption from FATCA reporting 6. = another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that code (if any) d ;;. is disregarded from the owner should check the appropriate 9 ppro riate box for the tax classification of its owner. y fl Other see instructions ► ❑ O( ) (Applies to accounts maintained outside the U.S.) N 5 Address number, street, and apt. or suite no. See instructions. ( P � ) Requester's name and address (optional) N 5165 Mark IV Pkwy. 6 City, state, and ZIP code Fort Worth, TX 76106 7 List account number(s) here (optional) 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 (SHowever, for a — m _ resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. --T—I L� Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 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. 1 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, yo0 are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. i Sign Signature of Here U.S. person► to Date ► I 1V 1, L General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) Board® Cooperative Purchasing 12007 Research Boulevard . Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.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 maybe applicable to specific Cooperative member purchases using federal grant funds. This completed form will be made available to Cooperative members for their use while considering their purchasing options when using federal grant funds. Cooperative members may also require Vendors to enter into ancillary agreements, in addition to the BuyBoard contract's general terms and conditions, to address the member's specific contractual needs, including contract requirements for a procurement using federal grants or contracts. For each of the items below, Vendor should certify Vendor's agreement and ability to comply, where applicable, by having Vendor's authorized representative complete and initial the applicable boxes and sign the acknowledgment at the end of this form. If you fail to complete any item in this form, the Cooperative will consider and may list the Vendor's response on the BuyBoard as "NO,'the Vendor is unable or unwilling to comply. A "NO" response to any of the items may, if applicable, impact the ability of a Cooperative member to purchase from the Vendor using federal funds. 1. Vendor Violation or Breach of Contract Terms: Contracts for more than the Simplified Acquisition Threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 USC 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Provisions regarding Vendor default are included in the BuyBoard General Terms and Conditions, including Section E.18, Remedies for Default and Termination of Contract. Any Contract award will be subject to such BuyBoard General Terms and Conditions, as well as any additional terms and conditions in any Purchase Order, Cooperative member ancillary contract, or Member Construction Contract agreed upon by Vendor and the Cooperative member which must be consistent with and protect the Cooperative member at least to the same extent as the BuyBoard Terms and Conditions. The remedies under the Contract are in addition to any other remedies that may be available under law or in equity. By submitting a Proposal, you agree to these Vendor violation and breach of contract terms. 2. Termination for Cause or Convenience: For any Cooperative member purchase or contract in excess of $10,000 made using federal funds, you agree that the following term and condition shall apply: The Cooperative member may terminate or cancel any purchase order under this Contract at any time, with or without cause, by providing seven (7) business days advance written notice to the Vendor. If this Agreement is terminated in accordance with this Paragraph, the Cooperative member shall only be required to pay Vendor for goods or services delivered to the Cooperative member prior to the termination and not otherwise returned in accordance with 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. Page 34 of 62 Proposal Forms COMM/SVCS v.12.19.2019 PFBoard® Capperative 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 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR Part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Vendor agrees that such provision applies to any Cooperative member purchase or contract that meets the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 and Vendor agrees that it shall comply with such provision. 4. Davis -Bacon Act: When required by Federal program legislation, Vendor agrees that, for all Cooperative member prime construction contracts/purchases in excess of $2,000, Vendor shall comply with the Davis -Bacon Act (40 USC 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction'. In accordance with the statute, Vendor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determinate made by the Secretary of Labor. In addition, Vendor shall pay wages not 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. S. 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. Page 35 of 62 Proposal Forms COMM/SVCS v.12.19.2019 DwBoard® Cooperativeft hogfng 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com 7. Clean Air Act and Federal Water Pollution Control Act: Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act (33 USC 1251-1387), as amended — Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act, as amended (33 USC 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). When required, Vendor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act. S. 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. Page 36 of 62 Proposal Forms COMM/SVCS v.12.19.2019 PFBoard® Capperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.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 recordkeeping and record retention requirements. Vendor Certification: Vendor Certification Item No. YES, I agree or NO I do NOT agree Initial 1. Vendor Violation or Breach of Contract Terms e s S F L 2. Termination for Cause or Convenience es S F L 3. Equal Employment Opportunity es SFL 4. Davis -Bacon Act e s SFL 5. Contract Work Hours and Safety Standards Act es S F L 6. Right to Inventions Made Under a Contract or Agreement es S F L 7. Clean Air Act and Federal Water Pollution Control Act es S F L 8. Debarment and Suspension es S F L 9. Byrd Anti -Lobbying Amendment es S F L 10. Procurement of Recovered Materials es S F L 11. Profit as a Separate Element of Price yes S F L 12. General Compliance and Cooperation with Cooperative Members es SF L 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. Zimmerer Kubota 8��- Compan Na e Signature of Auth rized C mpany Official Steven F . Lee Printed Name Page 37 of 62 Proposal Forms COMM/SVCS v.12.19.2019 PvBoard® Cdoperativeft hoOng 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com PROPOSAL INVITATION QUESTIONNAIRE The Cooperative will use your responses to the questions below in evaluating your Proposal and technical and financial resources to provide the goods and perform the services ("Work") under the BuyBoard contract contemplated by this Proposal Invitation ("Contract'. Proposers must fully answer each question, numbering your responses to correspond to the questions/numbers below. Proposers must complete below or attach your responses to this questionnaire, sign where indicated below, and submit the signed questionnaire and your responses to all questions in one document with your Proposal. You must submit the signed questionnaire and responses with your Proposal or the Proposal will not be considered. 1. List the number of years Proposer has been in business and former business names (if applicable). Note whether your company is currently for sale or involved in any transaction that would significantly alter its business or result in acquisition by another entity. hoc-& 1Ci li iS2A1 14 � lJ 1.i i TsMIn- AJ 6 . I t�3 C, )S SPL . 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. i Mni - r2_ tr1 _S 3C-6V A 1 r14 t>AJT i i c, i3 S ! !l+ " T�( 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. rF 93 1 PFBoard® Cooperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.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. Z rvr, yv► P, �fL ��y i3c`TA g A S /V it, �0 u 1-Srr 4 ry ; 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. 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. % i 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. / ti c Company ame t Signature of Authori ed Company Official Page 39 of 62 Proposal Forms COMM/SVCS v.12,19.2019 Boa d Cooperative Parch sing 12007 Research Boulevard ' Austin, Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com REQUIRED FORMS CHECKLIST (Please check (V) the following) Completed: Proposer's Agreement and Signature Li J 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 Servicels Affirmation V Completed: Deviation/Compliance Completed: Location/Authorized Seller Listings I%P Completed: Manufacturer Dealer Designation [N Completed: Texas Regional Service Designation Completed: State Service Designation [8, Completed: National Purchasing Cooperative Vendor Award Agreement Completed: Federal and State/Purchasing Cooperative Experience Completed: Governmental References Completed: Marketing Strategy Completed: Confidential/Proprietary Information Completed: Vendor Business Name with IRS Form W-9 Completed: EDGAR Vendor Certification Completed: Proposal Invitation Questionnaire Completed: Proposal Specifications (Discount (%) off Catalog/Pricelist and/or other required pricing information including Catalogs/Pricelists (or no bid response) must be submitted with proposal response or response will not be considered.) Completed: Required Forms Checklist Page 41 of 62 Proposal Forms COMM/SVCS v.12.19.2019 Board® Cooperative Purchasing 12007 Research Boulevard I Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com PROPOSAL SPECIFICATION SUMMARY The categories and items specified for this Proposal Invitation are summarized below. For full Proposal Specifications, you must review and complete the Proposal Specification information in the electronic proposal submission system in accordance with the Instructions to Proposers (or, if submitting a hard copy Proposal, timely request and complete the Proposal Specification Form in accordance with the Instructions to Proposers). Rental services only. No equipment or vehicle purchases, including any rent -to -own, lease -purchase or other similar arrangements which may result in a transfer of title to equipment or vehicles to Cooperative members, will be permitted under any contract awarded under this Proposal Invitation. Section I• Rental of Construction Equipment Tools and Other Equipment 1 . Discount (%) off catalog/pricelist for Rental of All Types of Aerial Work Platforms. 2. Discount (%) off catalog/pricelist for Rental of All Types of Air Compressors and Air Tools. 3. Discount (%) off catalog/pricelist for Rental of All Types of Power Generating Equipment. 4. Discount (%) off catalog/pricelist for Rental of All Types of Compaction Equipment. 5. Discount (%) off catalog/pricelist for Rental of All Types of Concrete and Masonry Equipment. 6. Discount (%) off catalog/pricelist for Rental of All Types of Earthmoving Equipment. 7. Discount (%) off catalog/pricelist for Rental of All Types of Heavy Construction Equipment. 8. Discount (%) off catalog/pricelist for Rental of All Types of Ditching, Trenching and Utility Equipment. 9. Discount (%) off catalog/pricelist for Rental of All Types of Debris/Scrap Processing Equipment. 10. Discount (%) off catalog/pricelist for Rental of All Types of Forklifts and Material Handling Equipment. 11. Discount (%) off catalog/pricelist for Rental of All Types of Light Towers and Generators. 12. Discount (%) off catalog/pricelist for Rental of All Types of Temporary Power and HVAC Equipment. 13. Discount (%) off catalog/pricelist for Rental of All Types of Power Tools and Surveying Equipment. 14. Discount (%) off catalog/pricelist for Rental of All Types of Pressure Washers and Pumps. 15. Discount (%) off catalog/pricelist for Rental of All Types of Trench Safety and Shoring Equipment. 16. Discount (%) off catalog/pricelist for Rental of All Types of Heavy -Duty Trucks and Trailers. 17. Discount (%) off catalog/pricelist for Rental of All Types of Welding Equipment. 18. Discount (%) off catalog/pricelist for Rental of All Types of Temporary Fencing. 19. Discount (%) off catalog/pricelist for Rental of All Types of All Other Construction Equipment. Section II: Rental of Vehicles 20. Discount (%) off catalog/pricelist for Rental of Compact Vehicles. 21. Discount (%) off catalog/pricelist for Rental of Intermediate/Standard/Mid-Size Vehicles. 22. Discount (%) off catalog/pricelist for Rental of Full -Size Vehicles. 23. Discount (%) off catalog/pricelist for Rental of Premium Size Sedan Vehicles. 24. Discount (%) off catalog/pricelist for Rental of Minivans and SUV's. 25. Discount (%) off catalog/pricelist for Rental of Small Pickup Trucks. 26. Discount (%) off catalog/pricelist for Rental of Large Pickup Trucks. 27. Discount (%) off catalog/pricelist for Rental of Cargo Vans and Vehicles. 28. Discount (%) off catalog/pricelist for Rental of Box Trucks. 29. Discount (%) off catalog/pricelist for Rental of Refuse Trucks and Vehicles. 30. Discount (%) off catalog/pricelist for Rental of Highway Maintenance/Safety Trucks and Vehicles. 31. Discount (%) off catalog/pricelist for Rental of All Other Heavy Truck Vehicles. Page 40 of 62 Proposal Forms COMM/SVCS v.12.19.2019 Exhibit C - Conflict of Interest Questionnaire CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO 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 has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the Date Received 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. 1J Name of vendor who has a business relationship with local governmental entity. 2 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.) 3 Name of local government officer about whom the information is being disclosed. LI l Name of Officer -11 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 CIO 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? Yes F-1 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? Yes 71 No 51 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. 6 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). 7 Signature -of vendor doing usiness with the governmental entity Date corm provided by texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.0010-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code § 176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code § 176.006(a) and (a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 City of Fort Worth, Texas Mayor and Council Communication DATE: 03/21/23 M&C FILE NUMBER: M&C 23-0196 LOG NAME: 13P COOP BB 646-21 RENTAL SERVICES OF CONSTRUCTION EQUIP TPW CB SUBJECT (ALL) Authorize Agreement with Kirby Smith Machinery, Inc., Holt Texas, Ltd., ROMCO Equipment Co., and Zimmerer Kubota and Equipment, Inc., Using BuyBoard Cooperative Contract No. 646-21 for Rental Services of Construction Equipment, Vehicles, and Other Equipment for an Annual Amount Up to $939,642.00 for the Transportation and Public Works, Park and Recreation, Aviation, and Code Compliance Departments RECOMMENDATION: It is recommended that the City Council authorize an agreement with Kirby Smith Machinery, Inc., Holt Texas, Ltd., ROMCO Equipment Co., and Zimmerer Kubota and Equipment, Inc., using BuyBoard Cooperative Contract No. 646-21 for rental services of construction equipment, vehicles, and other equipment for an annual amount up to $939,642.00 and authorize one, one-year renewal option for the Transportation and Public Works, Park and Recreation, Aviation, and Code Compliance Departments. DISCUSSION: The Transportation and Public Works, Park and Recreation, Aviation, and Code Compliance Departments approached the Purchasing Division to finalize an annual agreement with Kirby Smith Machinery, Inc., Holt Texas, Ltd., ROMCO Equipment Co., and Zimmerer Kubota and Equipment, Inc. under BuyBoard 646-21 rental services of construction equipment, vehicles, and other equipment on an as -needed basis. Staff recommends executing an agreement with Kirby Smith Machinery, Inc., Holt Texas, Ltd., ROMCO Equipment Co., and Zimmerer Kubota and Equipment, Inc. using BuyBoard Cooperative Contract No. 646-21. This cooperative agreement has a term through June 30, 2023 with one, one- year option to renew. City of Fort Worth departments will use the agreement with Kirby -Smith, Inc., Holt Texas, Ltd., ROMCO Equipment Co., and Zimmerer Kubota and Equipment, Inc. for the rental of construction, road and bridge, ditching, trenching, grounds maintenance, and other similar equipment for City projects. The annual amount allowed under this agreement citywide will be $939,642.00, however the actual amount used will be based on the need of the department and the available budget. State law provides that a local government purchasing an item under a cooperative purchase agreement satisfies any state law requiring that the local government seek competitive bids for the purchase of the item. BuyBoard contracts are competitively bid to increase and simplify the purchasing power of government entities across the State of Texas. ADMINISTRATIVE CHANGE ORDERS - In addition, an administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval. TERM: The initial term of this agreement will begin upon execution and end on June 30, 2023. Approval of this M&C will authorize one one-year renewal option from July 1, 2023, to June 30, 2024. A M/WBE goal is not assigned when purchasing from an approved purchasing cooperative or public entity. Funding is budgeted in the Equipment Lease account of the Transportation & Public Works, Park & Recreation, Aviation, and Code Compliance Department's rollup within the Stormwater Utility Fund, Municipal Airport Fund, General Fund, Community Tree Planting Program Fund and Municipal Golf Fund and in the 2023 In -House Reclamation project within the General Capital Projects Fund. This project will serve ALL COUNCIL DISTRICTS FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the recommendations, funds are available in the current operating and capital budgets, as previously appropriated, in the participating department's Operating Funds and in the 2023 In -House Reclamation project within the General Capital Projects Fund to support the approval of the above recommendation and execution of the agreement. Prior to an expenditure being made, the participating departments have the responsibility to validate the availability of funds. Submitted for City Manager's Office by. Reginald Zeno 8517 William Johnson 5806 Originating Business Unit Head: Reginald Zeno 8517 Lauren Prieur 6035 Additional Information Contact: Jo Ann Gunn 8525 Charles Benson 8063