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HomeMy WebLinkAboutContract 59555CSC No. 59555 FORT WORTH CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement ("Agreement") is entered into by and between Clark Equipment Company dba Bobcat Company ("Vendor") and the City of Fort Worth, ("City"), a Texas home rule municipality. The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1. This Cooperative Purchase Agreement; 2. Exhibit A — Seller's Quote, Scope of Services or Purchase Order; 3. Exhibit B — Cooperative Agency Contract (Sourcewell 040319-CEC); and 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 Agreement for the first year by City shall not exceed ONE -HUNDRED NINETEEN THOUSAND SEVEN HUNDRED TWENTY SIX DOLLARS WITH TEN CENTS ($119,726.10). 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 May 31, 2024 with no renewals. 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: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX To CITY: City of Fort Worth Attn: Dana Burghdoff, Assistant City Manager 200 Texas Street Fort Worth, TX 76102-6314 With copy to Fort Worth City Attorney's Office at same address ICf��fs61A Clark Equipment Co dba Bobcat Company HeatherNessmer Address: 5633 MARK IV PKWY FORT WORTH TX 76131 Facsimile: N/A 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: Dana Bui,,ghdaff By: Dana Burghdoff (Jue, 2023 20:26 CDT) Name: Dana Burghdoff Title: Assistant City Manager Date: Jun 7, 2023 APPROVAL RECOMMENDED: By: Steve o ke (Jun 5, 2023 10:19 CDT) Name: Steve Cooke Title: Asst Property Management Director 4,ovvonnb ATTEST: p �fORrV.�d �o Ove °=4 opa,r o, 000*�d ap nEXA?oAp By: l/l� Name: Jannette Goodall Title: City Secretary Clark Equipment Co dba Bobcat Company By: OO Name: Jesse Rheault Title: Government Account Manager 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. By: Denise Garcia ZJun 1, 2023 15:52 CDT) Name: Denise Garcia Title: Purchasing Manager APPROVED AS TO FORM AND LEGALITY: By: W Name: Jessika Williams/Jeremy Anato- Mensah Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 23-0428 OFFICIAL RECORD Date: Jun 1, 2023 CITY SECRETARY FT. WORTH, TX EXHIBIT A Product Quotation Quotation Number: JRR-01102 Date: 2023-03-01 08:52:55 Customer Name/Address: Bobcat Delivering Dealer CITY OF FORT WORTH Bobcat of North Texas - Fort Worth, Fort Worth, TX FORT WORTH, TX 76101 5633 MARK IV PKWY FORT WORTH TX 76131 Phone: (817) 654-2202 Fax: (817) 457-9425 Description Part No T770 T4 Bobcat Compact Track Loader M0285 92 HP Turbo Tier 4 Diesel Engine Air Intake Heater (Automatically Activated) Auxiliary Hydraulics: Variable Flow Backup Alarm Bob-Tach Bobcat Interlock Control System (BICS) Controls: Bobcat Standard Engine/Hydraulic Systems Shutdown Horn Instrumentation: Engine Temp & Fuel Gauges, Hourmeter, RPM and Warning Lights P69 Performance Package Power Bob-Tach 7-Pin Attachment Control Kit High Flow 2-Speed C37 Comfort Package Enclosed Cab with AC/Heat Sound Reduction Cab Accessories Package ORDER TO BE PLACED WITH: Contract Holder/Manufacturer Clark Equipment Co dba Bobcat Company 250 E Beaton Dr, West Fargo, ND 58078 Phone: 701-241-8719 Fax: 855-608-0681 Contact: Heather Messmer Heather.Messmer@doosan.com Qty Price Ea. Total 1 $62,308.08 $62,308.08 Lift Arm Support Lift Path: Vertical Lights, Front & Rear Operator Cab • Includes: Adjustable Suspension Seat, Top & Rear Windows, Scat Bar, Seat Belt • Roll Over Protective Structure (ROPS) meets SAE-J1040 & ISO 3471 • Falling Object Protective Structure (FOPS) meets SAE-J1043 & ISO 3449, Level I; (Level II is available through Bobcat Parts) Parking Brake: Spring Applied, Pressure Released (SAPR) Tracks: Rubber, 17.7" wide Warranty: 2 years, or 2000 hours whichever occurs first M0285-P06-P69 1 $5,368.32 $5,368.32 Hydraulic Bucket Positioning Automatic Ride Control Reversing Fan M0285-P07-C37 1 $4,633.20 $4,633.20 Deluxe Instrument Panel with Keyless Start Radio Heated Cloth Air Ride Suspension Seat Selectable Joystick Controls (SJC) M0285-R01-004 1 $680.40 $680.40 80" Severe Duty Bucket 7326129 1 $1,983.94 $1,983.94 --- Bolt -On Cutting Edge, 80" 6718008 1 $326.88 $326.88 4K Heavy Duty Pallet Fork Frame 7294305 1 $446.88 $446.88 --- 48" 4K Heavy Duty Pallet Fork Teeth 6540182 1 $340.48 $340.48 Drum Mulcher - 2-Speed, 50" M7055 1 $25,760.88 $25,760.88 --- Tier 4 Forestry Applications Kit, M Series 7257723 1 $9,069.84 $9,069.84 --- Engine Compartment Seal Kit, 700 Series 7309976 1 $1,147.18 $1,147.18 --- DCR Drum - 50" M7055-R01-001 1 $3,290.02 $3,290.02 Total of Items Quoted $115,356.10 Dealer P.D.I. $425.00 Freight Charges $2,275.00 Dealer Assembly Charges $1,670.00 Other Charges: Material and Logistics Quote Total - US dollars Notes: $0.00 $119,726.10 *Prices per the Sourcewell Contract #040319-CEC. *Terms Net 60 Days. Credit cards accepted. *FOB Destination *State Sales Taxes apply. IF Tax Exempt, please include Tax Exempt Certificate with order. *TID# 38-0425350 *Orders Must Be Placed with: Clark Equipment Company dba Bobcat Company, Govt Sales, 250 E Beaton Drive, West Fargo, ND 58078. *Quote valid for 60 days ORDER ACCEPTED BY: SIGNATURE PRINT NAME AND TITLE DELIVERY ADDRESS: BILLING ADDRESS (if different than Ship To): TAX EXEMPT? Exempt in the State of FEDERAL - STATE - Expiration Date: DATE PURCHASE ORDER NUMBER YES Tax Exempt ID: NO Bobcat BOBCAT COMPANY SUGGESTED PRICE LIST - Aug 2022 Sourcewell Contract #040319-CEC Bobcat Company ORDER ADDRESS: CLARK EQUIPMENT COMPANY dba BOBCAT COMPANY 250 EAST BEATON DRIVE PO BOX 6000 WEST FARGO, ND 58078-6000 Government Sales Points of Contact: Phone: Heather Messmer - Government Accounts Sales Support Mgr. heather. messmer�doosan.com (701) 241-8719 Jesse Rheault - Government Account Manager jesse.rheault doosan.com (701) 241-8759 Barry Hanson - Government Account Manager barry.hanson�doosan.com (701) 241-8793 Randy Fuss -Director, Government Accounts randy. fuss _doosan.com (701) 241-8746 TOLL FREE #: 800-965-4232, Opt#2 FAX#: (855) 608-0681 PROMPT PAYMENT TERMS: Net 30 TIME OF DELIVERY. 60 to 90 Days ARO COMMERCIAL CREDIT CARD: Accepted (Visa/Mastercard/American Express) TID#: 38-0425350 REMIT TO ADDRESS: CLARK EQUIPMENT COMPANY dba BOBCAT COMPANY PO BOX 74007382 CHICAGO, IL 60674 Product Discount Percent Skid Steer Loaders 28.0% Compact Track Loaders 28.0% Loader Attachments 24.0% Compact Wheel Loader (CWL) 24.0% CWL Attachments 24.0% Small Articulating Loaders (SAL) 24.0% SAL Attachments 24.0% Compact Excavators 30.0% Large Excavators 30.0% Excavator Attachments 24.0% Mini Track Loaders (MTL) 24.0% MTL Attachments 24.0% Toolcat 20.0% Toolcat Attachments 24.0% Compact Tractors 20.0% Compact Tractor Implements and Attachments 24.0% Utility Vehicles 20.0% Telehandlers 24.0% VH Attachments 24.0% Bobcat® Mowers 16.0% RYAN Turf Equipment & Attachments 16.0% Steiner Tractors & Attachments 16.0% DocuSign Envelope ID: 63D422B4-7D1D-413A-BED6-206658A85A66 EXHIBIT B SourcewellW. CONTRACT EXTENSION Contract Number: #040319-CEC Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Clark Equipment Company dba Bobcat Company and Doosan Infracore Construction Equipment, 250 E. Beaton Dr., West Fargo, ND 58078 have entered into Contract #040319-CEC for the procurement of Medium Duty and Compact Construction Equipment with Related Attachments, Accessories and Supplies. The Contract has an expiration date of May 31, 2023, but the parties may extend the Contract by mutual consent. Sourcewell and Vendor acknowledge that extending the Contract benefits the Vendor, Sourcewell and Sourcewell's Members. Vendor and Sourcewell agree to extend the Contract listed above for an additional period, with a new Contract expiration date of May 31, 2024. All other terms and conditions of the Contract remain in full force and effect. Sourcewell Y•�D�o/cyu�Siignedbby, ��/ Jv� J lNu/v �A) COFD2A139D06489... Jeremy Schwartz Title: Chief Procurement Officer Date: 1/6/2023 1 3:31 PM CST Clark Equipment Company dba Bobcat Company and Doosan Infracore Construction Equipment Y•{Y�,AD1ocuSSeigned by: b. rms OF558103999C454... Randy Fuss Title: Director, Government Accounts Date: 1/23/2023 1 6:29 AM PST Rev. 7/2022 1 Form C EXCEPTIONS TO PROPOSAL, TERMS, CONDITIONS, AND SOLUTIONS REOUEST Company Name: Clark Equipment Comnanv dba Bobcat Company yam.-"'\ Sourcewell ►. Any exceptions to the terms, conditions, specifications, or proposal forms contained in this RFP must be noted in writing and included with the Proposer's response. The Proposer acknowledges that the exceptions listed may or may not be accepted by Sourcewell or included in the final contract. Sourcewell will make reasonable efforts to accommodate the listed exceptions and may clarify the exceptions in the appropriate section below. Term, Condition, or Section/page Specification Proposer's Signature: /��Z-,ZLL Sourcewell's clarification on exceptions listed above: Exception Sourcewell ACCEPTS Date: -?— Z r— Za I I G Contract Award RFP #040319 1 - ' IN FORM D Sourcewell rf Formal Offering of Proposal (To be completed only by the Proposer) MEDIUM DUTY AND COMPACT CONSTRUCTION EQUIPMENT WITH RELATED ATTACHMENTS, ACCESSORIES, AND SUPPLIES In compliance with the Request for Proposal (RFP) for MEDIUM DUTY AND COMPACT CONSTRUCTION EQUIPMENT WITH RELATED ATTACHMENTS, ACCESSORIES, AND SUPPLIES, the undersigned warrants that the Proposer has examined this RFP and, being familiar with all of the instructions, terms and conditions, general and technical specifications, sales and service expectations, and any special terms, agrees to furnish the defined products and related services in full compliance with all terms and conditions of this RFP, any applicable amendments of this RFP, and all Proposer's response documentation. The Proposer further understands that it accepts the full responsibility as the sole source of solutions proposed in this RFP response and that the Proposer accepts responsibility for any subcontractors used to fulfill this proposal. Company Name: Clark Equipment Companv dba Bobcat Contpanv Date: 03-29-2019 Company Address: City: West Farao 250 East Beaton Dr. CAGE Code/DUNS: 1OK63 / 152762931 Contact Person: Randv L. Fuss Authorized Signature: State: ND Zip: 58078 Title: Director, Government Accounts Randv L. Fuss (Name printed or typed) DocuSign Envelope ID: F11888F3-F767-41AA-AF63-6D8CAA105036 FORM E CONTRACT ACCEPTANCE AND AWARD �RNMEN)gNOFO G�, � 11 �Q' O � Y Sourcewell (Top portion of this form will be completed by Sourcewell if the vendor is awarded a contract. The vendor should complete the vendor authorized signatures as part of the RFP response.) Sourcewell Contract #: 040319-CEC Proposer's full legal name: Clark Equipment Company dba Bobcat Company Based on Sourcewell's evaluation of your proposal, you have been awarded a contract. As an awarded vendor, you agree to provide the products and services contained in your proposal and to meet all the terms and conditions set forth in this RFP, in any amendments to this RFP, and in any exceptions that are accepted by Sourcewell. The effective date of the Contract will be May 31, 2019 and will expire on May 31, 2023 (no later than the later of four years from the expiration date of the currently awarded contract or four years from the date that the Sourcewell Chief Procurement Officer awards the Contract). This Contract may be extended for a fifth year at Sourcewell's discretion. Sourcewell Authorized Signatures: DocuSipned by: LCDRVA 139DD8489. SOU RCEWELL DIRECTOR OF OPERATIONS AND PR9oYaq6Ny T/CPO SIGNATURE �(W r,DaLl.tt.}{!. TiE4288F81fA84CQ... SOURCEWELL EXECUTIVE DIRECTOR/CEO SIGNATURE Jeremy Schwartz (NAME PRINTED OR TYPED) Chad Coauette (NAME PRINTED OR TYPED) Awarded on May 28, 2019 Sourcewell Contract # 040319-CEC Vendor Authorized Signatures: The Vendor hereby accepts this Contract award, including all accepted exceptions and amendments. Vendor Name( Aut riz Si to 's Title �„�fr VENDOR AU T11 17 _D SIGNATURE Executed on , 201� (NAME 4RINTED OR TYPED) Sourcewell Contract # 040319-CEC 9 Sourcewell Form F PROPOSER ASSURANCE OF COMPLIANCE Proposal Affidavit Signature Page PROPOSER'S AFFIDAVIT The undersigned, authorized representative of the entity submitting the foregoing proposal (the "Proposer"), swears that the following statements are true to the best of his or her knowledge. 1. The Proposer is submitting its proposal under its true and correct name, the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related services, all applicable licenses necessary for such delivery to Sourcewell members agencies. The undersigned affirms that he or she is authorized to act on behalf of, and to legally bind the Proposer to the terms in this Contract. 2. The Proposer, or any person representing the Proposer, has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier, any official or employee of Sourcewell, or any person, firm, or corporation under contract with Sourcewell, in an effort to influence the pricing, terms, or conditions relating to this RFP in any way that adversely affects the free and open competition for a Contract award under this RFP. 3. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request, and other documents in this solicitation and affirms that any and all exceptions have been noted in writing and have been included with the Proposer's RFP response. 4. The Proposer will, if awarded a Contract, provide to Sourcewell Members the /products and services in accordance with the terms, conditions, and scope of this RFP, with the Proposer -offered specifications, and with the other documents in this solicitation. 5. The Proposer agrees to deliver products and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first - quality products and related services to Sourcewell Members under an awarded Contract. 6. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 7. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statute § 13.591, Subd. 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals generally become public data. Minnesota Statute § 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 8. The Proposer understands that it is the Proposer's duty to protect information that it considers nonpublic, and it agrees to defend and indemnify Sourcewell for reasonable measures that Sourcewell takes to uphold such a data designation. [The rest of this page has been left intentionally blank. Signature page below] By signing below, Proposer is acknowledging that he or she has read, understands, and agrees to comply with the terms and conditions specified above. Company Name: Clark Equipment Company dba Bobcat Company Address: 250 East Beaton Dr. City/State/Zip: West Fareo, ND. 58078 Telephone Number: 701-241-8746 E-mail Address: randv.fy , .e Authorized Signature: Authorized Name (printed): Randv L. Fuss Title: Director, Government Accounts Date: ? - Z f — Z o/ 9 Notarized Subscribed and sworn to before me this 1 Notary Public in and for the County of My commissi4exs: �Zx � oZ� Signature: /%____ _ day of mmk LOGAN GIEFER State of North Dakota Notary Public My Commisslm Expires May 8, 2023 ,20 State of I v y�NNlxr�yo� i Sourcewell Form P PROPOSER QUESTIONNAIRE Payment Terms, Warranty, Products and Services, Pricing and Delivery, and Industry -Specific Questions Proposer Name: Clark Eauiinment Companv dba Bobcat Companv Questionnaire completed by: Randv L. Fuss Director, Government Accounts Pavment Terms and Financing Options 1) What are your payment terms (e.g., net 10, net 30)? ■ Bobcat Companv Terms: Net 30 2) Do you provide leasing or financing options, especially those options that schools and governmental entities may need to use in order to make certain acquisitions? • Bobcat Compat:v We provide competitive leasing, tax free municipal leasing and other financing options for various terms, which are available through the authorized dealer locations and other third party financing organizations such as; Wells Fargo, PNC, and National Cooperative Leasing. 3) Briefly describe your proposed order process. Please include enough detail to support your ability to report quarterly sales to Sourcewell. For example, indicate whether your dealer network is included in your response and whether each dealer (or some other entity) will process the Sourcewell Members' purchase orders. Bobcat Companv - Quote preparation will be completed by the Government Accounts Department or Bobcat Dealer Sales Representative - Quote presented will include ordering instructions to submit to the Government Accounts Department or respective Bobcat Dealer - All orders will be sent to and handledlorocessed throualr the corporate Bobcat Government Accounts Department to validate pricinle, order control and visibility with the factories, and proper recording for audit purposes and sales report accountability - Order is entered into the ERP System - Dealer is notified of order and any special requirements and install instructtons - Machine is built, inspected and shipped from the Bobcat Factory to the resepective delivering Bobcat Dealer - Bobcat Dealer will complete the pre -delivery inspection, install ordered parts/accessories and attachments and complete final delivery to government customer and complete initial operator/safety/maintenance training. - Bobcat Dealer will submit a signed delivery report notifying Bobcat Company of delivery and acceptance. - Bobcat Company or Bobcat Dealer invoices customer 4) Do you accept the P-card procurement and payment process? If so, is there any additional cost to Sourcewell Members for using this process? Bobcat Companv Yes, Bobcat Company will accept government purchase cards to satisfy payment requirements. Currently, Bobcat Company does not charge any additional fees for credit card payments. Warranty 5) Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may include in your response a copy of your warranties, but at a minimum please also answer the following questions. Bobcat Companv All Bobcat Skid Steer Loaders, Compact Track Loaders, and Mini -Excavators will include a 24 month/Unlimited hours warranty. All other products to include; Toolcat, Utility Vehicles, Mini -Track Loaders, and Versa -Handlers will include a 12 month/Unlimited hours warranty. (See Attached Warranty Statements) Do your warranties cover all products, parts, and labor? o Bobcat Companv ■ Warranties will cover all parts and labor within the specified warranty period. Do your warranties impose usage restrictions or other limitations that adversely affect coverage? o Bobcat Companv • Customary to the manufacturing industry, usage limitations such as; length of time or number of month (i.e. 12 months) and/or the number of hours (i.e. 2000 hours). Optional Manufacturers Warranty would also follow the aforementioned number of months/hours methodology. ■ Other limitations or circumstances that would restrict or otherwise create warranty limitations are; abuse, unauthorized alterations; damage; environmental conditions, inadequate maintenance, adjustments, normal wear/tear, consumable items, unauthorized repairs, rentals/loaner units, diagnostic time, freight charges, project/job loss, and clean up time • Do your warranties cover the expense of technicians' travel time and mileage to perform warranty repairs? o Bobcat Companv ■ Travel time for techinicians will not be covered to perfom warranty repair. Are there any geographic regions of the United States for which you cannot provide a certified technician to perform warranty repairs? How will Sourcewell Members in these regions be provided service for warranty repair? o Bobcat Companv ■ Bobcat Company has nearly 600 independently owned and authorized dealers throughout North America. There are multiple dealers or enterprise locations within each state that will stand ready to perform service and warranty work to best serve the government customers. • Will you cover warranty service for items made by other manufacturers that are part of your proposal, or are these warranties issues typically passed on to the original equipment manufacturer? o Bobcat Companv • Warranty service for any items made by other manufacturers or not manufactured by Bobcat Company will be passed on to the original equipment manufacturer. Note, all products currently offered in response to this RFP will be covered by the warranty of Bobcat Company. • What are your proposed exchange and return programs and policies? o Bobcat Companv ■ Exchange and returns rarely occur, however in the event that the situation(s) shall arise, Bobcat Company will work with the customer on a case by case basis. It is Bobcat Companys' intent to create a world class customer experience and will work diligently with the customer(s) and dealer(s) to quickly provide resolution and minimize any disruption in the customer(s) operations. 6) Describe any service contract options for the items included in your proposal. o Bobcat Coirwanv • Service contracts will be only offered by the Bobcat indepently owned and authorized dealers • If so chosen by the customer, service contracts through the Bobcat dealer can quoted and ordered in conjunction with contract items. Pricing, Deliverv, Audits, and Administrative Fee 7) Provide a general narrative description of the equipment/products and related services you are offering in your proposal. • Bobcat Comaanvs' product lines fit within the scope of this Sourcewell RFP. Our breadth of products include the following for Sales, Lease and Rental; Skid Steer Loaders, Compact Track Loaders, Compact and Mini Excavators, Mini Track Loaders, Utility Work Machines (Toolcat®), Compact Tractors, Utility Vehicles, and Versa -Handlers. Our product offering will be expanded in 2020 to include Small Articulating Loaders and Compact Wheel Loaders. 8) Describe your pricing model (e.g., line -item discounts or product -category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell discounted price) on all of the items that you want Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal. (Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract. See the body of the RFP and the Price and Product Change Request Form for more detail.) • Bobcat Coinnanvs' pricing model will be a percentage discount off manufacturers suggested list price by product category. (See Bobcat Company Price Pages attached) 9) Please quantify the discount range presented in this response. For example, indicate that the pricing in your response represents is a 50% percent discount from the MSRP or your published list. • Bobcat Company discounts will range from 16% to 30% off the manufacturers suggested list price depending on product category. Throughout the term of the contract, Bobcat Company will offer additional discount incentives pertinent to manufacturing pressure, discount programs, and market share opportunities. (See attached Bobcat Company Price Pages) 10) The pricing offered in this proposal is a. the same as the Proposer typically offers to an individual municipality, university, or school district. b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. X d. other than what the Proposer typically offers (please describe). + Pricing offered in response to this Sourcewell RFP is similar or is better than some pricing offered to other GPOs, Cooperative procurement organizations, or state purchasing departments. Because of the ceiling based pricing, our discount structure offered will allow for best value, better flexibility, better volume discount considerations, hot list pricing, market conditions, manufacturing pressures, and positioned to provide more competitive discounts as needed to accommodate budgets or customer situations. 11) Describe any quantity or volume discounts or rebate programs that you offer. Bobcat Companv • Quantity or volume discounts are available upon request. Like models, factory installed options and attachments with quantities of 3 or more receive favorable discount considerations beginning with 1 % additional discount and/or freight cost reductions. 12) Propose a method of facilitating "sourced" products or related services, which may be referred to as "open market" items or "nonstandard options". For example, you may supply such items "at cost" or "at cost plus a percentage," or you may supply a quote for each such request. Bobcat Companv • Bobcat Company will allow for "sourced" goods/products or related services or "open market" item or "nonstandard options" to be itemized and offered on Sourcewell member quotes and orders. For example, items such as aftermarket attachments not offered by Bobcat Company will be offered at the dealer price plus 10% and the dealer invoice will collected for record retention. 13) Identify any total cost of acquisition costs that are NOT included in the pricing submitted with your response. This cost includes all additional charges that are not directly identified as freight or shipping charges. For example, list costs for items like installation, set up, mandatory training, or initial/pre-delivery inspection. Identify any parties that impose such costs and their relationship to the Proposer. Bobcat Companv • Additional total cost of acquisition may include items such as dealer installation of parts and accessories, set up and pre -delivery inspections. Costs are associated with the local dealers shop and labor rates. 14) If travel expense, delivery or shipping is an additional cost to the Sourcewell Member, describe in detail the complete travel expense, shipping and delivery program. Bobcat Companv • Freight costs (varies by product type) from the factory to customer delivery address will be itemized on the quote and paid by the customer, unless otherwise agreed. Units will be shipped from the factory to the nearest assigned dealer for pre -delivery inspection and parts/accessory installation unless unforeseen circumstances warrant a change to this procedure. The dealer will be responsible for making contact with the customer to arrange final delivery within the appropriate delivery times determined by the customer. 15) Specifically describe those travel expense, shipping and delivery programs for Alaska, Hawaii, Canada, or any offshore delivery. Bobcat Companv In situations where delivery is to be made to Alaska, Hawaii, remote parts of Canada, or any offshore delivery the customer will be responsible for the additional freight, air freight, sling load, barge, fairy, and freight forwarding charges to include cargo containers. Additional charges will be reviewed by the customer prior to order and it is customary for Bobcat Company to work with the customer if there is a desired delivery method specified by the customer. 16) Describe any unique distribution and/or delivery methods or options offered in your proposal. Bobcat Companv • Other than the aforementioned methods of delivery, if a unique delivery situation were to arise Bobcat Company will work closely with the customer to provide the most efficient and cost effective methods. 17) Please specifically describe any self -audit process or program that you plan to employ to verify compliance with your proposed Contract with Sourcewell. This process includes ensuring that Sourcewell Members obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to Sourcewell. Bobcat Companv From inception of the contract, Sourcewell Contract specific price pages, dealer memorandum of instruction, and ordering instructions will be handled and distributed to the Bobcat Dealers by the Bobcat Company Government Sales Office. Pricing and discounts will be input into the Bobquote System in order to comply with contract discounts and pricing for quoting consistency in accordance to the awarded contract. All orders will be verified and processed by the Bobcat Government Sales Operations staff in order to maintain consistency and audit compliance. Sourcewell Contract quotes and sales orders will be documented on an internal retail report for easy access and filtering to efficiently provide sales data for quarterly reporting to Sourcewell and administrative fee remittance. 18) Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per -unit fee; it is not a line -item addition to the Member's cost of goods. (See RFP Section 6.29 and following for details.) Bobcat Companv Bobcat Company proposes an administrative fee structure of no more than 1 %. This proposed discount will allow Bobcat Company to offer additional incentives to Sourcewell members to better meet the customers constrained budgets and better meet the competitive situations in markets of opportunity. Industrv-Specific Ouestions 19) Describe any industry -specific quality management system certifications obtained by your organization. Bobcat Companv Bobcat Company hold certificates in accordance ISO 9001-2015 (see attached certificates) 20) Describe any environmental management system certifications obtained by your organization. Bobcat Companv Bobcat Company holds certificates in accordance with ISO 14001 Environmental Management Systems certification (see attached certificate) 21) Describe any preventive maintenance programs that your organization offers for the solutions you are proposing in your response. Bobcat Companv Preventative maintenance programs are available and may be purchased through the local dealer for an additional charge. 'ricer vary 0epending on mode], level of service program desired (i.e. number of times per year, benchlna&ed i be of hours, Signature: _ _ Date: i / City of Fort Worth, Texas Mayor and Council Communication DATE: 05/23/23 M&C FILE NUMBER: M&C 23-0428 LOG NAME: 21 21-00259 - T770 BOBCAT COMPACT TRACK LOADER PMD JA SUBJECT (ALL) Authorize Purchase Agreement with Clark Equipment Company dba Bobcat Company for a T770 BOBCAT Compact Track Loader for an Amount Up to $119,726.10 Using Sourcewell Cooperative Contract 040319-CEC for the Aviation Department RECOMMENDATION: It is recommended that the City Council authorize execution of purchase agreement with Clark Equipment Company dba Bobcat Company for a T770 Bobcat Compact track loader for an amount up to $119,726.10 and authorize one one-year renewal option using Sourcewell cooperative contract 040319-CEC for the Aviation Department. 11 &10111*4103 kqF The Aviation Department submitted an Equipment Purchase Request (EPR) to Property Management's Fleet Acquisitions team to purchase a T770 BOBCAT Compact Track Loader from Clark Equipment Company dba Bobcat Company. The track loader will be used for the repair and maintenance of the airport grounds at Spinks Airport. The unit meets required specifications and is expected to operate satisfactorily during its service life of ten (10) years. Warranty information, manufacturers Statement of Origin and original sales invoice will accompany the unit upon delivery. COOPERATIVE PURCHASE - State law provides that a local government purchasing an item under a cooperative purchasing agreement satisfies state laws requiring that the local government seek competitive bids for purchase of the item. Sourcewell Cooperative Contract 040319- CEC has been competitively bid to increase and simplify the purchasing power of local government entities across the State of Texas. Request for Proposal (RFP) #040319 opened on February 14, 2019 and closed on April 3, 2019. The RFP was advertised through the Biddingo e- Procurement Portal. AGREEMENT TERMS - Upon City Council approval, the agreement will begin upon execution and end May 31, 2024 with one (1) one-year renewal option to correspond with the term of the cooperative contract. This action does not require specific City Council approval provided that City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal terms. Staff anticipates that the costs for renewal years shall remain approximately the same as the initial year. ADMINISTRATIVE CHANGE ORDERS - An administrative change order or increase may be made by the City Manager or his designee up to the amount allowed by relevant Law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. BUISNESS EQUITY - an M/WBE goal is not assigned when purchasing from an approved purchasing cooperative or other public entity. DELIVERY - The new unit will be delivered within 150 days after receipt of a purchase order. Funding is budgeted in the Aviation Department's Municipal Airport Capital Project Fund for the purpose of funding the 55FWS Liquid Sprayer Purchase project, as appropriated. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capial budget, as previously appropriated in the Municipal Airport Capital Proj Fund for the 55FWS Liquid Sprayer Purchase project to support the approval of the above recommendation and execution of the purchase agreement. Prior to an expenditure being incurred, the Aviation Department has the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office bv: Dana Burghdoff 8018 Oriainatina Business Unit Head: Steve Cooke 5134 Additional Information Contact: Denise Garcia 6787 Janie Arreola 6678 EXHIBIT C CONFLICT OF INTEREST DISCLOSURE REQUIREMENT Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (i.e. The City of Fort Worth) must disclose in the Questionnaire Forms CIQ ("Questionnaire") the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City, or submits an application or response to a request for proposals or bids, correspondence, or another writing related to potential agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaires Form CIQ is enclosed with submittal documents. The form is also available at http://www.ethics.state.tx.us/forms/CIQ.pdf. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor. NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might have with the City, state Contractor name in the # 1, use N/A in each of the areas on the form. However, a signature is required in the #7 box in all cases. Rcv d6.9.2021 cc CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity •: rt K93W4 This questionnaire reflects changes made io the law by H.B. 23. 941h Leg., Regular Session. OFFICE ISEONLY This questionnaire is being liled in accordance with Ghaptw 176. Laval Government Code, by a vendor who DaW peceiwed has a business relationship as defined by Section 176-0010-at with a local gouernmen-al en0k and the vendor meats requirements under Section 175.U06(a)- fay law this questlonnaire must be liled with the records adminhaalor of the local gouen-rental entity not laser than the 7th business day after the dale the vendor becomes arras of facts tha-, require the am-.ement io be filed. Sap Section 176-aob(a-1), LocaJ Goaemmoni Coda. A vendor commits an olfanse if the vendor knowingly violates Section 176A06, Loral Givemment Code- An coarse under this section is a misdemeanor. -11 Name of vendor who has a business relationship with local governmental entity. J ❑ Check this box if you arm tilt ng an ups is a previously fi IE}d q uesfiannaire. (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 arare that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officerabout whom the information is being disclosed,. Name of Off cer J describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.002(a)(2)(A). Also describe any family relationship with tlhelocal governrnentoff icer. Complete subparts A and B for each employment or business miationship described. Attach additional pages to this Form CIO as necessary. A- Is the local government officer or a family member of the offioer receiving or likely to rOreive taxable income, other than investment income. from the vendor? Yes =No B- Is the vendor receiving or likely to rareive taorable income, other than investment income, from or at the direction of the local government officer or a family rrembw of the officer AND the taxable income is not reaeived tram the local governmental entity? Yes = No f?escribeeach employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect towhich the local government officer serves asan officer ordirector, or holds an ownership inierest of one percent or more. 61 ❑ Check this boot if the vendor has given the local govern ment officer or a fam ily member of the officer one or more gifts as described in Section 176.00S(a)(2)(B), excluding gifts described in Section 176-003(a.-1 ). 71 Signature of vendor doing business with the governmental entity pate Form provided by Tmas Ethics Commission wrm. athi cs.stata.lz. u s Re Ased 11113021 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governnnental entity A complete copy of Chapter 176 of the Local Government Cade may be found at http Awww.statutes_legis_state_tx_us! Docs+L +htm+LCL 176.htm. For easy reference, below are some of the sections cited on this farm. Local Government Code Q 176.001(1-a): "Business relationship" means a connection between two or more parties based on commeroia avtivity ofone of the parties. The term does not include a connection based on: (A) atransaction that is subject to rate or fee regulation by afederal, state, or local governmental entity or an agency of afederal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a pu rchase or lease of goads or services from a person that is ch artered by a state or federal agency and that is subject to regular exam i nation by, and reporting to, that agency. Local Government Code 4176A03(a)(2)(A) and (B): {a) A local government officer shall file a conflicts disclosure statement with respect to avendor if: (2) thevendor: (A) has an em ployment or other business relation ship 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 irnrestment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware th at (i) a contract between the local govern mental 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 orafamily memberofthe off icerone ormore 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 (i i) the local governmental entity is considering entering into a contract with the vendor_ Local Government Code § 176.006(a) and (a-1I f a) A vendor shal I 1 ile a compl eted confI ict of i nterest questia nnaire if the vendor has a bus iness rel ationshi p 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 fam ily member of the officer, desori bed by Section 176_00ja)(2) (A); (2) h as given a local government officer of that I oval govern mental 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 govemmental 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 arequest 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 kcal government officer, or a family member of the officer, described by Subsection (a); (B) that the ven dor has given one or mare gifts described by Subsection (a); or (C) of a family relationship with a local government officer_ Farm provided by Texas Ethics CammISSiDn www.othics.state.lx.us Revised 111fi2021