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HomeMy WebLinkAboutContract 59315FORT WORTH CSC No. 59315 CITY OF FORT WORTH NON-EXCLUSIVE COOPERATIVE PURCHASE AGREEMENT This non-exclusive Cooperative Purchase Agreement ("Agreement") is entered into by and between Kirby - Smith Machinery, 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 Kirby -Smith Machinery, Inc. Attn: William Johnson, Assistant City Manager 200 Texas Street Address: Fort Worth, TX 76102-6314 6715 W. Reno Avenue Facsimile: (817) 392-8654 Oklahoma City, OK 73127 With copy to Fort Worth City Attorney's Office at Facsimile: 405-787-5973 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: In William Johnson (M4 3,202315:12 CDT) Name: William Johnson Title: Assistant City Manager Date: May 3, 2023 APPROVAL RECOMMENDED: By: Lauren Prieur(May 3,202313:43 CDT) Name: Lauren Prieur Title: TPW Director C� FOR o ATTEST: p_ oo =d Pv8 aQan nEXAoo ?oAb By: Name: Jannette Goodall Title: City Secretary VENDOR: Kirby -Smith chme",c. By: Ll� Nam .James McDonnell Titl Governmental Territory Manager Date: 4/27/23 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. Name: Traci Akin Title: Sr. Administrative Assistant APPROVED AS TO FORM AND LEGALITY: Name: Jessika Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 23-0196 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Kirby -Smith Machinery Inc Information Exhibit A - Quote Contact: Tonya Mason Address: 6715 W Reno Ave Oklahoma City, OK 73127 Phone: (405) 782-7189 Fax: (405) 787-5973 Toll Free: (405) 782-7189 Email: TMASON@KIRBY-SMITH.COM By submitting your response, you certify that you are authorized to represent and bind your company. Chuck Riddle criddle@kirby-smith.com Signature Email Submitted at 112112021 10:29:01 AM Requested Attachments BuyBoard Proposal Invitation No. 646-21 for Rental Kirby -Smith - BuyBoard-PROPOSAL 646-21.pdf Services of Construction Equipment, Vehicles, and Other Equipment REQUIRED - In PDF format, upload all proposal invitation documents available for download at vendor.buyboard.com including any additional pages, as necessary. (Please DO NOT password protect uploaded files.) Catalog/Pricelist RENTAL RATES KSMI BUY BOARD January 2021 (004).pdf REQUIRED - In PDF format, upload catalog/pricelist in proposal invitation instructions. File size must not exceed 100MB.(Please DO NOT password protect uploaded files.) IRS Form W-9 Request for Taxpayer Identification Number and Certification 2021 Kirby -Smith W9.pdf REQUIRED - In PDF format, upload W-9 form. (Please DO NOT password protect uploaded files.) Bid Lines Section I: Rental of Construction Equipment. Tools. and Other Equipment - Discount (%) off catalog/pricelist for Rental of All Types of Aerial Work Platforms. Catalog/Pricelist MUST be included or proposal will not be considered. Item Notes: Total: I10% Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Page 3 of 22 pages Vendor: Kirby -Smith Machinery Inc 646-21 Item Attributes 1. State Name of Catalog/Pricelist JLG 2 Section I: Rental of Construction Equipment, Tools, and Other Equipment - Discount (%) off catalog/pricelist for Rental of All Types Air Compressors and Air Tools. Catalog/Pricelist MUST be included or proposal will not be considered. Total: 10% Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist SULLAIR 3 Section I: Rental of Construction Equipment, Tools, and Other Equipment - Discount (%) off catalog/pricelist for Rental of All Types of Power Generating Equipment. Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response Page 4 of 22 pages Vendor: Kirby -Smith Machinery Inc 646-21 4 Section I: Rental of Construction Equipment, Tools, and Other Equipment - Discount (%) off catalog/pricelist for Rental of All Types of Compaction Equipment. Catalog/Pricelist MUST be included or proposal will not be considered. Total: 10% Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist Hamm Alternate 1 Section I: Rental of Construction Equipment. Tools, and Other Equipment - Discount (%) off catalog/pricelist for Rental of All Types of Compaction Equipment. Catalog/Pricelist MUST be included or proposal will not be considered. Total: 10% Item Attributes 1. State Name of Catalog/Pricelist Wirtgen Page 5 of 22 pages Vendor: Kirby -Smith Machinery Inc 646-21 5 Section I: Rental of Construction Equipment, Tools, and Other Equipment - Discount (%) off catalog/pricelist for Rental of All Types of Concrete and Masonry Equipment. Catalog/Pricelist MUST be included or proposal will not be considered. Total: 10% Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist Kleemann Alternate 1 Section I: Rental of Construction Equipment, Tools, and Other Equipment - Discount (%) off catalog/pricelist for Rental of All Types of Concrete and Masonry Equipment. Catalog/Pricelist MUST be included or proposal will not be considered. Total: 10% Item Attributes 1. State Name of Catalog/Pricelist NPK Page 6 of 22 pages Vendor: Kirby -Smith Machinery Inc 646-21 6 Section I: Rental of Construction Equipment, Tools, and Other Equipment - Discount (%) off catalog/pricelist for Rental of All Types of Earthmoving Equipment. Catalog/Pricelist MUST be included or proposal will not be considered. Total: 10% Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist Komatsu Alternate 1 Section I: Rental of Construction Equipment, Tools, and Other Equipment - Discount (%) off catalog/pricelist for Rental of All Types of Earthmoving Equipment. Catalog/Pricelist MUST be included or proposal will not be considered. Total: 10% Item Attributes 1. State Name of Catalog/Pricelist Takeuchi Alternate 2 Section I: Rental of Construction Equipment, Tools, and Other Equipment - Discount (%) off catalog/pricelist for Rental of All Types of Earthmoving Equipment. Catalog/Pricelist MUST be included or proposal will not be considered. Total: 10% Item Attributes 1. State Name of Catalog/Pricelist TERRAMAC Page 7 of 22 pages Vendor: Kirby -Smith Machinery Inc 646-21 Alternate 3 Section I: Rental of Construction Equipment, Tools, and Other Equipment - Discount (%) off catalog ricelist for Rental of All Types of Earthmoving Equipment. Catalog/Pricelist MUST be included or proposal will not be considered. Total: 10% Item Attributes 1. State Name of Catalog/Pricelist John Deere 7 Section I: Rental of Construction Equipment, Tools, and Other Equipment - Discount (%) off catalog/pricelist for Rental of All Types of Heavy Construction Equipment. Catalog/Pricelist MUST be included or proposal will not be considered. Total: 10% Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist Komatsu Alternate 1 Section I: Rental of Construction Equipment. Tools, and Other Equipment - Discount (%) off catalog/pricelist for Rental of All Types of Heavy Construction Equipment. Catalog/Pricelist MUST be included or proposal will not be considered. Total: 10% Item Attributes 1. State Name of Catalog/Pricelist Bomag Page 8 of 22 pages Vendor: Kirby -Smith Machinery Inc 646-21 8 Section I: Rental of Construction Equipment, Tools, and Other Equipment - Discount (%) off catalog/pricelist for Rental of All Types of Ditching, Trenching and Utility Equipment. Catalog/Pricelist MUST be included or proposal will not be considered. Total: 10% Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist Gradall Alternate 1 Section I: Rental of Construction Equipment. Tools, and Other Equipment - Discount (%) off catalog/pricelist for Rental of All Types of Ditching, Trenching and Utility Equipment. Catalog/Pricelist MUST be included or proposal will not be considered. Total: 10% Item Attributes 1. State Name of Catalog/Pricelist Fecon Page 9 of 22 pages Vendor: Kirby -Smith Machinery Inc 646-21 9 Section I: Rental of Construction Equipment, Tools, and Other Equipment - Discount (%) off catalog/pricelist for Rental of All Types of Debris/Scrap Processing Equipment. Catalog/Pricelist MUST be included or proposal will not be considered. Total: 10% Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist Komatsu 1 0 Section I: Rental of Construction Equipment, Tools, and Other Equipment - Discount (%) off catalog/pricelist for Rental of All Types of Forklifts and Material Handling Equipment. Catalog/Pricelist MUST be included or proposal will not be considered. Total: 10% Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist SkyTrak Page 10 of 22 pages Vendor: Kirby -Smith Machinery Inc 646-21 Alternate 1 Section I: Rental of Construction Equipment, Tools, and Other Equipment - Discount (%) off catalog ricelist for Rental of All Types of Forklifts and Material Handling Equipment. Catalog/Pricelist MUST be included or proposal will not be considered. Total: 10% Item Attributes 1. State Name of Catalog/Pricelist Komatsu 1 1 Section I: Rental of Construction Equipment, Tools, and Other Equipment - Discount (%) off catalog/pricelist for Rental of All Types of Light Towers and Generators. Catalog/Pricelist MUST be included or proposal will not be considered. Total: 10% Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist Allmand Alternate 1 Section I: Rental of Construction Equipment. Tools. and Other Equipment - Discount (%) off catalog/pricelist for Rental of All Types of Light Towers and Generators. Catalog/Price list MUST be included or proposal will not be considered. Total: 10% Item Attributes 1. State Name of Catalog/Pricelist Night Lite Pro Page 11 of 22 pages Vendor: Kirby -Smith Machinery Inc 646-21 1 2 Section I: Rental of Construction Equipment, Tools, and Other Equipment - Discount (%) off catalog/pricelist for Rental of All Types of Temporary Power and HVAC Equipment. Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response 1 3 Section I: Rental of Construction Equipment, Tools, and Other Equipment - Discount (%) off catalog/pricelist for Rental of All Types of Power Tools and Surveying Equipment. Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response Page 12 of 22 pages Vendor: Kirby -Smith Machinery Inc 646-21 1 4 Section I: Rental of Construction Equipment, Tools, and Other Equipment - Discount (%) off catalog/pricelist for Rental of All Types of Pressure Washers and Pumps. Catalog/Pricelist MUST be included or proposal will not be considered. Total: 10% Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist Godwin 1 5 Section I: Rental of Construction Equipment, Tools, and Other Equipment - Discount (%) off catalog/pricelist for Rental of All Types of Trench Safety and Shoring Equipment. Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response Page 13 of 22 pages Vendor: Kirby -Smith Machinery Inc 646-21 1 6 Section I: Rental of Construction Equipment, Tools, and Other Equipment - Discount (%) off catalog/pricelist for Rental of All Types of Heavy -Duty Trucks and Trailers. Catalog/Pricelist MUST be included or proposal will not be considered. Total: 10% Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist Komatsu Alternate 1 Section I: Rental of Construction Equipment, Tools, and Other Equipment - Discount (%) off catalog/pricelist for Rental of All Types of Heavy -Duty Trucks and Trailers. Catalog/Pricelist MUST be included or proposal will not be considered. Total: 10% Item Attributes 1. State Name of Catalog/Pricelist Ledwell Alternate 2 Section I: Rental of Construction Equipment, Tools, and Other Equipment - Discount (%) off catalog/pricelist for Rental of All Types of Heavy -Duty Trucks and Trailers. Catalog/Pricelist MUST be included or proposal will not be considered. Total: 10% Item Attributes 1. State Name of Catalog/Pricelist Trail King Page 14 of 22 pages Vendor: Kirby -Smith Machinery Inc 646-21 1 7 Section I: Rental of Construction Equipment, Tools, and Other Equipment - Discount (%) off catalog/pricelist for Rental of All Types of Welding Equipment. Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response 1 8 Section I: Rental of Construction Equipment. Tools. and Other Equipment - Discount (%) off catalog/pricelist for Rental of All Types of Temporary Fencing. Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response Page 15 of 22 pages Vendor: Kirby -Smith Machinery Inc 646-21 1 9 Section I: Rental of Construction Equipment, Tools, and Other Equipment - Discount (%) off catalog/pricelist for Rental of All Types of All Other Construction Equipment. Catalog/Pricelist MUST be included or proposal will not be considered. Total: 10% Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist Falcon Alternate 1 Section I: Rental of Construction Equipment. Tools, and Other Equipment - Discount (%) off catalog/pricelist for Rental of All Types of All Other Construction Equipment. Catalog/Pricelist MUST be included or proposal will not be considered. Total: 10% Item Attributes 1. State Name of Catalog/Pricelist Air Burner Alternate 2 Section I: Rental of Construction Equipment, Tools, and Other Equipment - Discount (%) off catalog/pricelist for Rental of All Types of All Other Construction Equipment. Catalog/Pricelist MUST be included or proposal will not be considered. Total: 10% Item Attributes 1. State Name of Catalog/Pricelist Broce Page 16 of 22 pages Vendor: Kirby -Smith Machinery Inc 646-21 2 0 Section II: Rental of Vehicles - Discount (%) off catalog/pricelist for Rental of Compact Vehicles. Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response 2 1 Section II: Rental of Vehicles - Discount (%) off catalog/pricelist for Rental of Intermediate/Standard/Mid- Size Vehicles. Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response Page 17 of 22 pages Vendor: Kirby -Smith Machinery Inc 646-21 2 2 Section II: Rental of Vehicles - Discount (%) off catalog/pricelist for Rental of Full -Size Vehicles. Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response 2 3 Section II: Rental of Vehicles - Discount (%) off catalog/pricelist for Rental of Premium Size Sedan Vehicles. Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response Page 18 of 22 pages Vendor: Kirby -Smith Machinery Inc 646-21 2 4 Section II: Rental of Vehicles - Discount (%) off catalog/pricelist for Rental of Minivans and SUV's. Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response 2 5 Section II: Rental of Vehicles - Discount (%) off catalog/pricelist for Rental of Small Pickup Trucks. Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response Page 19 of 22 pages Vendor: Kirby -Smith Machinery Inc 646-21 2 6 Section II: Rental of Vehicles - Discount (%) off catalog/pricelist for Rental of Large Pickup Trucks. Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response 2 7 Section II: Rental of Vehicles - Discount (%) off catalog/pricelist for Rental of Cargo Vans and Vehicles. Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response Page 20 of 22 pages Vendor: Kirby -Smith Machinery Inc 646-21 2 8 Section II: Rental of Vehicles - Discount (%) off catalog/pricelist for Rental of Box Trucks. Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response 2 9 Section II: Rental of Vehicles - Discount (%) off catalog/pricelist for Rental of Refuse Trucks and Vehicles. Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response Page 21 of 22 pages Vendor: Kirby -Smith Machinery Inc 646-21 3 U Section II: Rental of Vehicles - Discount (%) off catalog/pricelist for Rental of All Other Heavy Truck Vehicles. Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response 3 1 Section II: Rental of Vehicles - Discount (%) off catalog/pricelist for Rental of Rental of Highway Maintenance/Safety Trucks and Vehicles. Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes: Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: • Vendor's must list one specific percentage discount for each Manufacturer listed. • Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1. State Name of Catalog/Pricelist No response Response Total: $0.00 Page 22 of 22 pages Vendor: Kirby -Smith Machinery Inc 646-21 Exhibit B - Coo erative Contract P.O. Box 400, Austin, Texas 78767 SM695.2919 • info@buyboard.com • buyboard.com May, 4 2021 Sent Via Email: criddle@kirby-smith.com Chuck Riddle Kirby -Smith Machinery, Inc. 12321 E. Pine Street Tulsa, OK 74116 Welcome to BuyBoard! 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: criddle@kirby-smith.com Chuck Riddle Kirby -Smith Machinery, Inc. 12321 E. Pine Street Tulsa, OK 74116 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 N A% P 0. Box 400. Austin. Texas 78767-0400 800.695.2919 • dvyboard.com Board Cooperattre Purcksslap 12007 Research Boulevard ' Austin, Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.corn 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. Kirby -Smith Machinery, Inc. Name of Proposing Company 6715 W. Reno Avenue Street Address Oklahoma City, OK 73127 City, State, Zip 405-495-7820 Telephone Number of Authorized Company Official 405-787-5973 Date 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 Signature of Authorized Company Official Chuck Riddle Printed Name of Authorized Company Official Governmental Sales Manager Position or Title of Authorized Company Official 73-1119892 Fax Number of Authorized Company Official Federal ID Number Page 9 of 62 Proposal Forms COMM/SVCS v.12.19.2019 _Board Ceopent/w Pumbaom 12007 Research Boule and ' Au <i Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-$454 • buyboard.com The proposing company ("you" or "your') hereby acknowledges and agrees as follows: 1. You have carefully examined and understand all Cooperative information and documentation associated with this Proposal Invitation, including the Instructions to Proposers, General Terms and Conditions, attachments/forms, item specifications, and line items (collectively "Requirements'; 2. By your response ("Proposal') to this Proposal Invitation, you propose to supply the products or services submitted at the prices quoted in your Proposal and in strict compliance with the Requirements, unless specific deviations or exceptions are noted in the Proposal; 3. Any and all deviations and exceptions to the Requirements have been noted in your Proposal and no others will be claimed; 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 Caa�lvr Pwchsafwp 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com Name of Company: VENDOR CONTACT INFORMATION Kirby -Smith Machinery, Inc. Vendor Proposal/Contract Contact Name: Chuck Riddle Vendor Proposal/Contract Contact E-mail Address: criddle@kirby-smith.com Vendor Contact Mailing Address for Proposal/Contract Notices: 12321 E. Pine Street, Tulsa, OK 74116 Company Website: www'kirby-smith.com Purchase Orders: All purchase orders from Cooperative members will be available through the Internet. Vendors need Internet access and at least one e-mail address so that notification of new orders can be sent to the Internet contact when a new purchase order arrives. An information guide will be provided to vendors to assist them with retrieving their orders. Please select options below for receipt of purchase orders and provide the requested information: ® I will use the internet to receive purchase orders at the following address: Purchase Order E-mail Address: criddle@kirby-smith.com Purchase Order Contact: Chuck Riddle Phone: Alternate Purchase Order E-mail Address: bpuckett@kirby-smith.com Alternate Purchase Order Contact: 918-210-6095 Bryce Puckett - Rental Manager phone: 817-937-0581 ❑ 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 Ouotes ("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: RFQ Contact: criddle@kirby-smith.com Chuck Riddle Alternate RFQ E-mail Address: bpuckett@kirby-smith.com Alternate RFQ Contact: Phone: 918-210-6095 Bryce Pucket (Rental Manager) Phone: 817-937-0581 Page 11 of 62 Proposal Forms COMM/SVCS v.12.19.2019 MUSoard iCoopeisdvv Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 � FAX: 800-211-5454 • buyboard.com Invoices: Your company will be billed monthly for the service fee due under a contract awarded under this Proposal Invitation. All invoices are available on the BuyBoard website and e-mail notifications will be sent when they are ready to be retrieved. Please provide the following address, contact and e-mail information for receipt of service fee invoices and related communications: Please choose only one (1) of the following options for receipt of invoices and provide the requested information: El Service fee invoices and related communications should be provided directly to my company at: Invoice Mailing address: PO Box 270300 City: Oklahoma City Contact Name: Phil Belcher Department: Accounts Payable State: Oklahoma Zip Code: 73137 Phone: 405-495-7820 Invoice Fax: Invoice E-mail Address: accountspayable@kirby-smith.com Alternative Invoice E-mail Address: criddle@kirby-smith.com ❑ 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: N/A 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 w/th the General Terms and Conditions of the Contract, Vendor spectflcally acknowledges and agrees that noth/ng In that des/gnat/on sha// rel/eve Vendor of Its respons/bIlIt/es and obllgat/ons under the Contract Includ/ng, but not //m/ted to, payment of a# service fees under any Contract awarded Vendor. Page 12 of 62 Proposal Forms COMM/SVCS v.12.19.2019 DuBoard cooperstfre purr rsslep 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 (d) one of the followin4: ❑ 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): not applicable 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. Kirby -Smith Machinery, Inc. al Company Name L17dl4i Chuck Riddle Signature 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. Kirby -Smith Machinery, Inc. ym�e4!lkt Company Name Signature of Authorized Company Official Chuck Riddle Printed Name Page 13 of 62 Proposal Fonns COMM/SVCS v.12.19.2019 Board CODPantlrr PWchafft 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 (J) 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): Kirby -Smith Machinery, Inc. 6715 W. Reno Avenue Company Name Address Oklahoma City OK City State 73127 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 04 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. Kirby -Smith Machinery, Inc. Company Name r //C Chuck Riddle Si 'ature of Authorized Company Official Printed Name Page 14 of 62 Proposal Forms COMM/SVCS v.12.19.2019 BoqP1r#,,, Coepsrg?!reh 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. Kirby -Smith Machinery, Inc Company Name xe Signature of Authorized Company Official Chuck Riddle Printed Name Note: If Vendor does not wish to make this cert1f7cat/on, return the blank form In Ileu of a completed certlflcatlon. 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. Kirby -Smith Machinery, Inc. d_J dal Signature of Authorized Company Official Company Name Chuck Riddle Printed Name Page 15 of 62 Proposal Forms COMM/S/CS v.12.19.2019 Board PMMhasft 12007 Research Boulevard . Austin, Texas 7Q759-2139 - PH: ,800-695-2919 - FAX: 800-211-5454 - buyboard.com HISTORICALLY UNDERUTILIZED BUSINESS CERTIrFiwAWIN 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 N) all that apply: ❑ I certify that my company has been certified as a HUB in the following categories: ❑ Minority Owned Business NOT APPLICABLE ❑ Women Owned Business El Service -Disabled Veteran Owned Business (veteran defined by 38 U.S.C. §101(2), who has a service -connected disability as defined by 38 U.S.C. § 101(16), and who has a disability rating of 20% or more as determined by the U. S. Department of Veterans Affairs or Department of Defense) Certification Number: Name of Certifying Agency: ® My company has NOT been certified as a HUB. By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification. Kirby -Smith Machinery, INC. Company Name Chuck Riddle Na Sq ,3 e,WZ f, r%i a if5Z2'i� Q^ i i rpW, y 1yF�rj54J, Page 16 of 62 Proposal Forms COMM/SVCS v.12.19.2019 Board tooparstfw P'ttrchss/ey 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 buvboard.com/Vendor/Resources.aspx, provides an overview of certain legal requirements that are potentially relevant to a Cooperative member's procurement of construction or construction -related goods and services, including those for projects that may involve or require architecture, engineering or independent testing services. A copy of the Advisory can also be provided upon request. By signature below, the undersigned affirms that Proposer has obtained a copy of the Advisory, has read and understands the Advisory, and is authorized by Proposer to make this affirmation. If Proposer sells construction -related goods or services to a Cooperative member under a BuyBoard contract awarded under this Proposal Invitation, Proposer will comply with the Advisory and applicable legal requirements, make a good faith effort to make its Cooperative member customers or potential Cooperative member customers aware of such requirements, and provide a Cooperative member with a copy of the Advisory before executing a Member Construction Contract with the member or accepting the member's purchase order for construction -related goods or services, whichever comes first. Kirby -Smith Machinery, Inc. Company Name Zt�ZA Chuck Riddle nature of Authorized Company Official Printed Name 1-161-7-1 Date Page 17 of 62 Proposal Forms COMM/S/CS v.12.19.2019 ard Coaper�tJr� Prtsckaslw�r 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: NO; Deviations ❑ YeS; Deviations List and fully explain any deviations you are submitting: PLEASE PROVIDE THE FOLLOWING INFORMATION: 1. Shipping Via: ® Common Carrier k] Company Truck [5d Prepaid and Add to Invoice ❑ Other: 2. Payment Terms: K] Net 30 days ❑ 1% in 10/Net 30 days ❑ Other: 3. Number of Days for Delivery: 1-3 days ARO 4. Vendor Reference/Quote Number: 5. State your return policy: Based on Rental Contracts, rentals can be returned, but freight charges will apply and be owed. IF equipment is returned in the same deli—vered condition, no additional charges apply. 6. Are electronic payments acceptable? ENS ❑ No 7. Are credit card payments acceptable? ❑Yes KI No Kirby -Smith Machinery, Inc Co y Na e f 'V4 Signature of Xuthorized Company Official Chuck Riddle Printed Name Page 18 of 62 Proposal Forms COMM/SVCS v.12.19.2019 Board Coopersthe Pnisbaalsy 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com LOCATION/AUTHORIZED SELLER LISTINGS If you have more than one location/authorized seller that will service a contract awarded under this Proposal Invitation, please list each location/authorized seller below. If additional sheets are required, please duplicate this form as necessary. NOTE: Awarded Vendors shall remain responsible for all aspects of the Contract, including processing of Purchase Orders, and shall be responsible for the performance of all locations and authorized sellers under and in accordance with the Contract. If you are a product manufacturer and wish to designate Designated Dealers as defined in the General Terms and Conditions to receive Cooperative member Purchase Orders on your behalf, you must complete the Manufacturer Designated Dealer form. Kirby -Smith Machinery, Inc. Company Name 8505 S. Central Expressway Address Dallas TX 75241 City State Zip 214-371-7777 214-375-7903 Phone Number Fax Number Chuck Riddle Contact Person Kirby -Smith Machinery, Inc. Company Name 1450 N.E. Loop 820 Address Ft. Worth TX 75241 City State Zip 817-378-0600 817-378-0080 Phone Number Fax Number Chuck Riddle Contact Person Page 19 of 62 Proposal Forms CQMM(SVCS v.12.19.2019 K REBY MITH MAC IH N E RY, INC., BRANCH ADDRESS BRANCH NUMBER BRANCH PHONE NUMBERS 6715 W. Reno (73127) Oklahoma City Main Number: 405.495.7820 P.O. Box 270300 (73137) Branch 01 Main Fax: 405.787.5973 Oklahoma City, OK Toll Free: 800.375.3339 Parts Fax 405.782.7191 12321 E. Pine Tulsa Main Number 918.438.1700 Tulsa, OK 74116 Branch 02 Main Fax: 918.437.7065 Toll Free: 800.375.3733 12920 Gravois Road St. Louis Main Number: 314.729.0125 St. Louis, MO 63127 Branch 05 Main Fax: 314.729.1317 Toll Free: 866.279.1392 8320 Ruby Avenue Kansas City Main Number: 913.850.6300 Kansas City, KS 66111 Branch 06 Main Fax: 314.729.1317 Toll Free: 877.851.5729 8505 South Central Expressway Dallas Main Number: 214.371.7777 Dallas, Texas 75241 Branch 09 Main Fax: 214.375.7903 Toll Free: 800.753.1247 1450 N.E. Loop 820 Ft. Worth Main Number 817.378.0600 Fort Worth, Texas 76106 Branch 10 Main Fax: 817.378.0080 Toll Free: 877.851.9977 Parts: 817.691.2566 12035 Interstate 20 W Abilene Main Number: 325.692.6334 Abilene, Texas 79601 Branch 12 Main Fax: 325.692.4035 Toll Free: 877.577.5729 39221-40 East Amarillo Main Number: 806.373.2826 Amarillo, Texas 79103 Branch 13 Main Fax: 806.373.4841 Toll Free: 800.283.1247 7301 E 1-20 Odessa Main Number: 432.333.7000 Odessa, TX 79765 Branch 15 Main Fax: 432.333,7010 Toll Free: 877.794.1800 www.kirby-smith.com 888-861-0219 KRBY MITH MACHINERY, 3419 East Slaton Road Lubbock, TX 79404 Lubbock Branch 16 Main Number: Main Fax: Toil Free: 806.745.2112 806.745.2102 866.289.6087 4617 Powell Street McAlester Main Number: 918-310-1550 McAlester, Oklahoma 74501 Branch 03 Main Fax: Toll Free: 415 Enterprise Blvd Waco Main Number: 918-310-1550 Hewitt, TX 76643 Branch it Main Fax: Toll Free: www.kirby-smith.com 888-861-0219 BoqP.FFrrr-,hWmY#1FAg Caapersdre 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.corn. 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. N/A 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 Board Caepsretive Porchasbrp 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 /n your proposal, you must complete and submit a separate Texas Reg/ona/ Service Des/gnation form for each group of products and clearly Indicate the products or services to which the des/gnation applies In the space prov/ded at the end of this form. By des/gnat/ng a reg/on or regions, you are certifying that you are author/zed and willing to prov/de the proposed products and services /n those regions Designating reglons /n which you are either unable or unwl/I/ng to provide the spec/fled products and services shall be grounds for either reject/on of your proposal or, If awarded, term/nation 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 Kirby -Smith Machinery, Inc. Co a y Na e :�{l Signature of Authorized Company Official Chuck Riddle Printed Name ❑ 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 ElPaso ❑ 20 San Antonio ❑ I will not service members of the Texas Cooperative. Page 21 of 62 Proposal Forms COMM/SVCS v.12.19.2019 PW�Loqrd hasIn 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com If this Texas Regional Service Designation form applies to only one or some of the products and services proposed by Vendor, list the products and services to which this fonn applies here: All Komatsu, Gradall, Wirtgen, Hamm, Vogele, JLG, JRB, Trail King, Broce Allmand, Leeboy, Rosco, Fecon, Falcon, Godwin, Husqvarana, Terramac, Takeuchi, Sullair, National Crane, Skytrak, ESCO, NPK, LaBounty, Ledwell and ALL OTHER Kirby -Smith Machinery, Inc. EQUIPMENT Page 22 of 62 Proposal Forms COMM/SICS v.12.19.2019 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' 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 Des/gnatlon 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 w1111ng to provide the proposed products and services In those states. Designating states In which you are elther unable or unwilling to provide the spec/fled products and services shall be grounds for either rejection of your proposal or, If awarded, termination of your Contract. Please check (-/) all that ai)oly: ❑ I will service all states in the United States. ® 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 ❑ New Mexico ❑ New York ❑ North Carolina ❑ North Dakota ❑ Ohio ❑ Oklahoma ❑ Oregon ❑ Pennsylvania ❑ Rhode Island ❑ South Carolina ❑ South Dakota ❑ Tennessee X1 Texas ❑ Utah ❑ Vermont ❑ Virginia ❑ Washington ❑ West Virginia ❑ Wisconsin ❑ Wyoming Page 23 of 62 Proposal Forms COMM/SVCS v.12.19.2019 DuCooper. thb Aurcbs ng 12007 Research Boulevard • Austin, Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.corn 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. Kirby -Smith Machinery, Inc. company Name Ja &,-A Chuck Riddle Signature of Authorized Company Official Printed Name If this State Service Designation form applies to only one or some of the products and services proposed by Vendor, list the products and services to which this form applies here: All Komatsu, Gradall, Wirtgen, Vogele, JLG/Sktrak, JRB, Trail King, Broce, Allmand, Leeboy, Rosco Fecon Falcon, Godwin, Husqvarna, Terramac, Takeuchi, Sullair, National Crane, ESCO, NPK, La Bounty, Ledwell and ALL other KIRBY-SMITH MACHINERY, Inc. EQUIPMENT Page 24 of 62 Proposal Forms COMM/SVCS v.12.19.2019 Board Cooperative ft WaOng 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's may - but is not required to - "piggy -back" on or re -award all or a portion of that Underlying Award ("Piggy -Back Award'. By signing this National Cooperative Vendor Award Agreement ("Agreement', Vendor accepts and agrees to be bound by any such Piggy -Back Award as provided for herein. 2. In the event National Cooperative awards Vendor a Piggy -Back Award, the National Cooperative Administrator ("BuyBoard Administrator'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 intedineations or changes to this Agreement by Vendor will be binding on National Cooperative, unless such changes are agreed to by its BuyBoard Administrator in writing. 3. Vendor agrees that it shall offer its goods and services to National Cooperative members at the same unit pricing and same general terms and conditions, subject to applicable state laws in the state of purchase, as required by the Underlying Award. However, nothing in this Agreement prevents Vendor from offering National Cooperative members better (i.e., lower) competitive pricing and more favorable terms and conditions than those in the Underlying Award. 4. Vendor hereby agrees and confirms that it will serve those states it has designated on the State Service Designation Form of this Proposal Invitation. Any changes to the states designated on the State Service Designation Form must be approved in writing by the BuyBoard Administrator. 5. Vendor agrees to pay National Cooperative the service fee provided for in the Underlying Award based on the amount of purchases generated from National Cooperative members through the Piggy -Back Award. Vendor shall remit payment to National Cooperative on such schedule as it specifies (which shall not be more often than monthly). Further, upon request, Vendor shall provide National Cooperative with copies of all purchase orders generated from National Cooperative members for purposes of reviewing and verifying purchase activity. Vendor further agrees that National Cooperative shall have the right, upon reasonable written notice, to review Vendor's records pertaining to purchases made by National Cooperative members in order to verify the accuracy of service fees. 6. Vendor agrees that the Underlying Award, including its General Terms and Conditions, are adopted by reference to the fullest extent such provisions can reasonably apply to the post-proposal/contract award phase. The rights and responsibilities that would ordinarily inure to the Texas Cooperative pursuant to the Underlying Award shall inure to National Cooperative; and, conversely, the rights and responsibilities that would ordinarily inure to Vendor in the Underlying Award shall inure to Vendor in this Agreement. Vendor recognizes and agrees that Vendor and National Cooperative are the only parties to this Agreement, and that nothing in this Agreement has application to other third parties, including the Texas Cooperative. In the event of conflict between this Agreement and the terms of the Underlying Award, the terms of this Agreement shall control, and then only to the extent necessary to reconcile the conflict. Proposal Forms COMM/SVCS v.12.19.2019 Page 25 of 62 Board Cooperative Purchasiag 12007 Research Boulevard • Austin, Texas 78759-2439 , PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.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. Kirby -Smith Machinery, Inc. Name df Ven oX,44/ awx Signature of Authorized Company Official 646-21 Proposal Invitation Number Chuck Riddle Printed Name of Authorized Company Official lg—zl Date Proposal Forms COMM/SVCS v.12.19.2019 Page 26 of 62 Board Coopsretlrle Ptrr>cbasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.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. 1. Provide the dollar value of sales to or through purchasing cooperatives at or based on an established catalog or market price during the previous 12-month period or the last fiscal year: $ $11,500,000 . (The period of the 12 month period is TAN 2020 / DEC 2020 ), In the event that a dollar value is not an appropriate measure of the sales, provide and describe your own measure of the sales of the item(s). 2. By submitting a proposal, you agree that, based on your written discounting policies, the discounts you offer the Cooperative are equal to or better than the best price you offer other purchasing cooperatives for the same items under equivalent circumstances. 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. FORMERCURRENT D••AWARDED VENDOR? IF YES, LIST YEARS COMMODITY GROUPPURCHASING D•• •• 1. Federal General Services Administration N 2. T-PASS (State of Texas) N 3. OMNIA Partners N 4. Sourcewell (NIPA) N 5. E&I Cooperative N 6. Houston -Galveston Area Council (HGAC) Y 13 Construction Equipment 7. Choice Partners N 8. The Interlocal Purchasing System (TIPS) N 9. Other ❑ MY COMPANY DOES NOT CURRENTLY HAVE ANY OF THE ABOVE OR SIMILAR TYPE CONTRACTS. CURRENT BUYBOARD VENDORS If you are a current BuyBoard vendor in the same contract category as proposed in this Proposal Invitation, indicate the discount for your current BuyBoard contract and the proposed discount in this Proposal. Explain any difference between your current and proposed discounts. Current Discount (%): 10% Proposed Discount (%): 10% Explanation: Proposal Forms COMM/SVCS v.12.19.2019 Page 27 of 62 hoard Caape�sthM Pwaba�IwD 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: .0001=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. Kirby -Smith Machinery, Inc. Z 3d Company Name ��� Chuck Riddle Signature of Authorized Company Official Printed Name Proposal Forms COMM/SVCS v.12.19.2019 Page 28 of 62 BoqPurarbbassefing Coop@mgW 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 RSV D Doug Mobley 2. 3. TxDOT Rod Bliss 817-944-4508 doug.mobley@trwd.com 512-374-5477 rod.bliss@txdot.gov 10% $90,000 10% $1.7M Cityof Arlington Angelo Dupont 817-459-5913 angelo.dupont@arlingtontx.gov 10% $54,000 Kaufman County Barry Carter 972-932-0247 barry.carter@kaufrnancounty.net 10% $100,000 5. Fannin County Dean Lackey 903-583-2039 dean.lackey@yahoo.com 10% $50,000 Do you ever modify your written policies or standard governmental sales practices as identified in the above chart to give better discounts (lower prices) than indicated? YES ® NO ❑ If YES, please explain: Quantity of rentals and purchases By signature below, I certify that the above is true and correct and that I am authorized by my company to make this certification. Kirby -Smith Machinery, Inc. 77 X m Doo Signature of Authorized Company Official Chuck Riddle Printed Name Proposal Forms COMM/SVCS v.12.19.2019 Page 29 of 62 Board Cooperative Pura b e s fag 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com MARKETING STRATEGY For your Proposal to be considered, you must submit the Marketing Strategy you will use if the Cooperative accepts all or part of your Proposal. (Example: Explain how your company will initially inform Cooperative members of your Buy&ard contract, and how you will continue to support the BuyBoard for the duration of the contract period.) Attach additional pages if necessary. Kirby -Smith is a large equipment distributor with 12 branches in four (4) states. Kirby -Smith has seven (7) branches in the state of Texas. Expansion in Texas is in the planning stage. We currently have over 2000 pieces of rental equipment with multiple designated support for rental, sales and Product Service Representatives, all who are tasked with promoting rentals. The internal marketing team of three (3) has worked closely with a prestigious public relations and digital marketing firm to enhance our website for easy access to our inventory. The designated governmental sales team is active in numerous state, county and city... municipality associations as well as trade shows. Kirby -Smith Machinery, Inc. Company Name Signature of Authorized Company Official Chuck Riddle Printed Name Proposal Forms COMM/SVCS v.12.19.2019 Page 30 of 62 DuBoard Coopervff-w Puruag 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' buvboard.com CONFIDENTIAL/ PROPRIETARY INFORMATION A. Public Disclosure flaws All Proposals, forms, documentation, or other materials submitted by Vendor to the Cooperative in response to this Proposal Invitation, including catalogs and pricelists, may be subject to the disclosure requirements of the Texas Public Information Act (Texas Government Code chapter 552.001, et. seq.) or similar disclosure law. Proposer must clearly identify on this form any information in its Proposal (including forms, documentation, or other materials submitted with the Proposal) that Proposer considers proprietary or confidential. If Proposer fails to properly identify the information, the Cooperative shall have no obligation to notify Vendor or seek protection of such information from public disclosure should a member of the public or other third party request access to the information under the Texas Public Information Act or similar disclosure law. Proposer will be notified of any third party request for information in a Proposal that Proposer has identified in this form as proprietary or confidential. Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain information which Vendor considers proprietary or confidential? E] NO, I certify that none of the information included with this Proposal is considered confidential or proprietary. YES, I certify that this Proposal contains information considered confidential or proprietary and all such information is specifically identified on this form. If you responded "YES", you must identify below the specific information you consider confidential or proprietary. List each page number, form number, or other information sufficient to make the information readily identifiable. The Cooperative and its Administrator will not be responsible for a Proposer's failure to clearly identify information considered confidential or proprietary. Further, by submitting a Proposal, Proposer acknowledges that the Cooperative and its Administrator will disclose information when required by law, even if such information has been identified herein as information the vendor considers confidential or proprietary. Confidential / Proprietary Information: (Attach additional sheets if needed.) Proposal Fortes COMM/SVCS v.12.19.2019 Page 31 of 62 Board® CO�«pirrco-Fifig 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? EDNO, Proposal (including forms, documentation, or other materials submitted with the Proposal) does not contain copyright information. ❑ YES, Proposal (including forms, documentation, or other materials submitted with the Proposal) does contain copyright information. If you responded "YES", identify below the specific documents or pages containing copyright information. Copyright Information: (Attach additional sheets if needed.) C. Consent to Release Confidential/Proprietary/Copyright Information to BuyBoard Members BuyBoard members (Cooperative and nonprofit members) seeking to make purchases through the BuyBoard may wish to view information included in the Proposals of awarded Vendors. If you identified information on this form as confidential, proprietary, or subject to copyright, and you are awarded a BuyBoard contract, your acceptance of the BuyBoard contract award constitutes your consent to the disclosure of such information to BuyBoard members, including posting of such information on the secure BuyBoard website for members. Note: Neither the Cooperative nor its Administrator will be responsible for the use or distribution of information by BuyBoard members or any other party. D. Consent to Release Proposal Tabulation Notwithstanding anything in this Confidential/Proprietary Information form to the contrary, by submitting a Proposal, Vendor consents and agrees that, upon Contract award, the Cooperative may 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. Kirby -Smith Machinery, Inc. any Na Cmm i dd g ature of Authorized Company Official Chuck Riddle Printed (Name f_(I-fl Date Proposal Forms COMM/SVCS v.12.19.2019 Page 32 of 62 PVBoard C00peratim Purch"Ifig 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: (List the Lg" name of the company seeking to contract with the Cooperati"ve. Do NQT list an assumed name, dba, aka, etc. here. Such Information may be provided below. If you are submitting a )ant proposal with another entity to provide the same proposed goods or services, each submitting entityshould 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 (J) one of th4 following: Type of Business: Individual/Sole Proprietor Corporation X Limited Liability Company Partnership Other If other, identify Oklahoma State of Incorporation (if applicable): 73-1119892 Federal Employer Identification Number: (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: Ifdffferentthan 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.) Kirby -Smith Machinery, Inc. Proposal Forms COMM/SVCS v.12.19.2019 Page 33 of 62 Form w-9 F.W. October 201 M Depatment of the Tresury lrMernal Flausrse Service Request for Taxpayer Give Form to the Identification Number and Certification requester. Do not send to the IRS. ► Go to www.1nLgov1F6rmW9 for Instructions and the latest tnformatlon. on your Income tax return). Name Is required on this line; do not leave this line blank. 2 Business name/dlsregarded entity name, if different from above m S Check appropriate box for federal tax classification of the person whose name Is entered on One 1. Check only one of the 4 Exemptions (codes ap* only to j following seven boxes. certain entitles, not Individuals; see r- ❑ Indlvidual/sole proprietor or ❑ C Corporation © S Corydon ❑ Partnership ❑ Tnut/estate fnstructlorx t op atngie-member LLC bumps payee coda (11 wo 5 ❑ Umlted liability company. Enter the tax dassitication P-C corporation, S-SS corporation. Npwtnww*) ►— o Note: Check the approplate box In the line above for the tax clawificatton of the sbhgbmember owner. Do not check Exemption horn FATCA reporting c I.i.0 If the LLC Is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC Is code M WA u another LLC that Is not disregarded from the owner for U.S_ federal tax purposes. Otherwise, a single, -member LLC that Is disregarded from the owner should check the appropriate box for the tax classification of Its owner. ❑ Other (see instructions) ► {VPar.t•amoftwrr.umw.A.ual 5 Address (number, street, and apt. or suite no.) See Instructlom. Requester's name and address (optional) PO BOX 270360 a City, state, and ZIP code OKLAHOMA CITY OK 73137 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 backup withholding. For Indi rlduals, this Is generally your social security number (SSM. However, for a 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 Now to get a 77N, later. Note: H the account Is in more than one name, see the instructtons for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. t l [kl I10 I10 I10 i l El""W 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 QRS) 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 arty) Indicating that I am exempt from FATCA reporting is correct. CerHNcatlon Instructions. You must cross out Item 2 above H you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and d on your tax return. For real estate transactions, hem 2 dose not apply. For mortgage interest pail, acquisition or abandonment of secur o rty, cancellation of debt, contributions to an Individual retirement arrangement (Afq, and generally, payments other than interest and dividends u are t required to sign the certification, but you must provide your correct TIN. See the Instructions for Part II, later. Sign Here agnatare or U.S. person mace ► 2 General Instruc Or1S • Form 1099-DN (dividends, including those from stocks or mutual funds) Section references are to a lntemal Revenue Code unless otherwise • Form 1099-MISC (various types of income, prizes, awards, or gross noted proceeds) Future developments. For the latest information about developments . Form 1099-B (stock or mutual fund sales and certain other related to Form W-9 and its Instructions, such as legislation enacted transactions by brokers) after they were published, go to www.ks.gov1FbrmW9. • Form 1099-S (proceeds from real estate transact(cm) Purpose of Form • Form 1 D99-K (merchant card and third party network transactions) An individual or entity (Fom W-9 requester) who is required to file an • Form 1098 (home mortgage Interest), 10WE (student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T (tuition) Identification number (riM which may be your social security number • Form 1099-C (canceled debt) (SSM, Individual taxpayer identification number (ITIN), adoption taxpayer Identification number (AMM, or employer Identification number . Form 1099-A (acquisition or abandonment of secured property) (7M, to report on an intortration return the amount paid to you, or other Use Form W-9 only If you are a U.S. person Qncluding a resident amount reportable on an information return. Examples of information alien), to provide your correct TIN. returns Include, but are not limited to, the following. M you do not rehrm Form W-9 to the requester with a TW, you might • Form 1099-INT Qnterest earned or paid) be subject to backup withholding. See What is backup withholding, later. Cst. No. 10231X Form W-g Pay.10-20i e) PVBoard C801erst/re Ptrrchasiay 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 ggj± of the Items below, Vendor should cert/fy Vendor's agreement and ab///ty to comply, where appl/cable, by hav/ng Vendor's author/zed representative complete and /n/t/al the applicable boxes and s/gn the acknowledgment at the end of this form. If you fall to complete any Item In th/s form, the Cooperative w111 cons/der and may //st the Vendor's response on the BuyBoard as "NO,-' the Vendor /s unable or unwlll/ng 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 Cooperat"ve member has paid Vendor for goods or services not yet provided as of the date of termination, Vendor shall immediately refund such payment(s). If an alternate provision for termination of a Cooperative member purchase for cause and convenience, including the manner by which it will be effected and the basis for settlement, is included in the Cooperative member's purchase order, ancillary agreement, or Member Construction Contract agreed to by the Vendor, the Cooperative member's provision shall control. Proposal Forms COMM/SVCS v.12.19.2019 Page 34 of 62 BeqPFFrCtbW54hrg® C9*Pff ra 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.gov. Vendor agrees that, for any purchase to which this requirement applies, the award of the purchase to the Vendor is conditioned upon Vendor's acceptance of the wage determination. Vendor further agrees that it shall also comply with the Copeland "Anti -Kickback" Act (40 USC 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. 5. Contract Work Hours and Safety Standards Act: Where applicable, for all Cooperative member contracts or purchases in excess of $100,000 that involve the employment of mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 USC 3702 of the Act, Vendor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard worm week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 USC 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6. Right to Inventions Made Under a Contract or Agreement: If the Cooperative member's Federal award meets the definition of "funding agreement" under 37 CFR 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance or experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Vendor agrees to comply with the above requirements when applicable. Proposal Forms COMM/SVCS v.12.19.2019 Page 35 of 62 PvBoard® Coopersthv Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com 7. Clean Air Act and Federal Water Pollution Control Act: Clean Air Act (42 USC 7401-7671q.) 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 certlfications as a Cooperative member may require to confirm estimates and otherwise comply. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery, and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11. Profit as a Separate Element of Price: For purchases using federal funds in excess of the Simplified Acquisition Threshold, a Cooperative member may be required to negotiate profit as a separate element of the price. See, 2 CFR 200.323(b). When required by a Cooperative member, Vendor agrees to provide information and negotiate with the Cooperative member regarding profit as a separate element of the price for a particular purchase. However, Vendor agrees that the total price, including profit, charged by Vendor to the Cooperative member shall not exceed the awarded pricing, including any applicable discount, under Vendor's Cooperative Contract. Proposal Fortes COMM/SVCS v.12.19.2019 Page 36 of 62 Re4Lqur 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: YES, I agree or Vendor Certification Item No. NO I do NOT agree Initial 1. Vendor Violation or Breach of Contract Terms YES 2. Termination for Cause or Convenience YES 3. Equal Employment Opportunity YES 4. Davis -Bacon Act YES 5. Contract Work Hours and Safety Standards Act YES 6. Right to Inventions Made Under a Contract or Agreement YES 7. Clean Air Act and Federal Water Pollution Control Act YES 8. Debarment and Suspension YES 9. Byrd Anti -Lobbying Amendment YES 10. Procurement of Recovered Materials YES 11. Profit as a Separate Element of Price YES 12. General Compliance and Cooperation with Cooperative Members YES By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by my company to make this certification and all consents and agreements contained herein. Kirby -Smith Machinery, Inc. C any ame W,,,,, 4A ij Signature of Authorize Company Official Chuck Riddle Printed Name Proposal Forms COMM(SVCS v.12.19.2019 Page 37 of 62 Aa Board® wCooperaffro Perc t -aft 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 1 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. Kirby -Smith Machinery, Inc. was established in 1983. It has 12 branches in four (4) states. There are seven (7) branches in Texas and a centralized parts wareshouse. There are plans for more expansion. Current Employee Count is over 520 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. Kirby -Smith Machinery, Inc. includes multiple Texas branches with a designated rental coordinator for each yard. A dedicated staff of rental representatives to work with Cooperative members and assist with sales, services parts and technical concerns. With over 2000 untis in our rental fleet, we can meet members requirements and assign tenured reps to accounts. We pride our employment process with hiring experienced professionals, including ongoing training requirements of our statt. 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. As a Multi -state corporation, we have over 520 employees in four (4) states, generating over $500 million in Sales, Rentals, Parts and Services in very trying 2020.Our rental team generated over $104 million of that in rental invoicing. Our rental fleet is turned every 3-4 years, moved to our Used Fleet and replaced with new equipment. Attached a copy of our umbrella coverage. Proposal Fortes COMM(SVCs v.12.19.2019 Page 38 of 62 Roardt/rMs Prrrcbasing 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. NONE 5. List all contracts, if any, in the last 10 years on which Proposer has defaulted, failed to complete or deliver the work, or that have been terminated for any reason. For each such contract, provide the project name, scope, value and date and the name of the procuring entity. Fully explain the circumstances of the default, failure to complete or deliver the work, or termination. NONE 6. List all litigation or other legal proceedings (including arbitration proceedings), if any, in the last 10 years brought against your firm, or any of the firm's past or present owners, principal shareholders or stockholders, officers, agents or employees, that relates to or arises from a contract similar to this Contract or the work contemplated under this Contract. Provide the style of the lawsuit or proceeding (name of parties and court or tribunal in which filed), nature of the claim, and resolution or current status. NONE 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. Kirby -Smith Machinery, Inc. Company ame - a /fi e" f 0 sigiVture of Authorized Company Official Proposal Forms COMM/SVCS v.12.19.2019 Page 39 of 62 DuBoard ceeperilitriv Purcb mOng 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com REQUIRED FORMS CHECKLIST (Please check (V) the following) [� Completed: Proposer's Agreement and Signature Completed: Vendor Contact Information Completed: Felony Conviction Disclosure and Debarment Certification [ Completed: Resident/Nonresident Certification EK Completed: No Israel Boycott Certification Completed: No Excluded Nation or Foreign Terrorist Organization Certification [� Completed: Historically Underutilized Business (HUB) Certification Completed: Construction Related Goods and Services Affirmation [[� Completed: Deviation/Compliance ❑ Competed: Location/Authorized Seller Listings Completed: Manufacturer Dealer Designation [ Completed: Texas Regional Service Designation [� Completed: State Service Designation Completed: National Purchasing Cooperative Vendor Award Agreement [P'--' Completed: Federal and State/Purchasing Cooperative Experience [Di Completed: Governmental References [V-- Completed: Marketing Strategy IN 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 pridng information including Catalogs/Pricelists (or no bid response) must be submitted with proposal response or r nse will not be considered.) Completed: Required Forms Checklist Proposal Forms COMM/SVCS v.12.19.2019 Page 41 of 62 DuBoard Cooperathme PwcbasIng 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.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/ pricel i st 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/ priceli st for Rental of Highway Maintenance/Safety Trucks and Vehicles. 31. Discount (%) off catalog/pricelist for Rental of All Other Heavy Truck Vehicles. Proposal Forms COMM/SVCS v.12.19.2019 Page 40 of 62 oard PURCHA SING COOPERATIVE 646-21 Kirby -Smith Machinery Inc Supplier Response Event Information Number: 646-21 Title: Rental Services of Construction Equipment, Vehicles, and Other Equipment Type: Request for Proposal Issue Date: 11/17/2020 Deadline: 1/21/2021 04:00 PM (CT) Notes: DVBoard The Local Government Purchasing Cooperative (BuyBoard) Proposal Invitation No. 646-21 Rental Services of Construction Equipment, Vehicles, and Other Equipment Proposal Due Date and Time: January 21, 2021 at 4:00 PM Responding to this and future proposals online is easy with our online submission system. 1. View and download the forms. • DO NOT log in to view and download the documents. • Visit vendor.buyboard.com and click on the "Current Proposal Invitations" button shown below to view and download the forms for this proposal. Page 1 of 22 pages Vendor: Kirby -Smith Machinery Inc 646-21 CUITent Proposal Invitations ► 2. To submit completed proposal. • Visit vendor.buyboard.com and click "Register/Login/Submit Proposal" button shown below to submit your proposal online. Register/LogirdSubmit Proposal to • For additional assistance click this link 1 View our Proposal Submission Instructions. New Vendor? Visit vendor. buyboard.com and click "Register/Login/Submit Proposal." Click Register now as a new supplier/vendor, so you don't miss future proposal opportunities. Any Addenda issued with this proposal will also be placed on the website, and it will be the vendor's responsibility to obtain the information. Page 2 of 22 pages Vendor: Kirby -Smith Machinery Inc 646-21 Exhibit C - Conflict of Interest Questionnaire CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. James McDonnell, Kirby -Smith Machinery, Inc 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. N/A Name of Officer 4J 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? F1 Yes F1 No 11 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 4/27/2023 Signature of dor doing business with the governmental entity Date Form provided by Texas Eth�s 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