HomeMy WebLinkAboutContract 23-0450CSC No. 59640
FORT WORTH
CITY OF FORT WORTH
COOPERATIVE PURCHASE AGREEMENT
This Cooperative Purchase Agreement ("Agreement") is entered into by and between Kenworth
Truck 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 #060920); 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 TEN -MILLION DOLLARS WITH ZERO CENTS ($10,000,000.00). 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 August 1, 2024. The City shall be able to renew this
agreement for one (1) one-year renewal options by written agreement of the parties.
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
H no 'F�MNIGIN
Kenworth Truck Company
Mike Kleespies, Director Medium Duty Sales
Fort Worth, TX 76102-6314 Address:
10630 N.E. 38th Place,
With copy to Fort Worth City Attorney's Office at Kirkland, WA 98033
same address
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:
banal- 8"rdAr7f
By: Dana Burghdoff Chin 21, 201 10:09 CDT)
Name: Dana Burghdoff
Title: Assistant City Manager
Date:
APPROVAL RECOMMENDED:
By: Steve o ke (Jun 16, 2023 13:36 CDT)
Name: Steve Cooke
Title: Asst Property Management Director
ATTEST:
p o� FORr°ao
0 �� a o�9�dd
OVo o=d
aadu aezp54 p
By:
Name: Jannette Goodall
Title: City Secretary
1y/ 01►1pill
.i�
Silsbee Toyota
AnthonyH i&(Jun 14,202313:46 CD
By:
NameAnthony Hedrick
Title: New Truck Sales
Date: J u n 14, 2023
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.
beni"re Ganli
By: Denise Garcia (Jun 16, 2023 12:36 CDT)
Name: Denise Garcia
Title: Contract Compliance Specialist
APPROVED AS TO FORM AND LEGALITY:
By:
Name: Jessika
Williams/Jeremy Anato-
Mensah
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 23-0450
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT A
Sourcewell Discount Matrix for Kenworth Trucks Contract 060920-KTC: August 2022 Update
STEP 1. Any U.S. or Canadian authorized Kenworth Dealer generates a cab and chassis specification using the Kenworth PremierSpec system that meets the agency need. A chassis
summary report is generated and at the end of the specifications a Total List Price is shown.
STEP 2. Agency chassis price will be determined by the Total List Price multiplied by the discount factor based on the model, plus any surcharge based on total list price compared
to the minimums listed. This price includes cab and chassis only delivered to the first location after assembly.
STEP 3. Agency price for all truck bodies, additional equipment or services, fuel, DOT or State inspections, extended warranties, etc. is no more than Kenworth dealer sales
department cost plus 5%.
STEP 4. Agency total price is STEP 2 plus STEP 3 plus all required federal, state and local taxes, fees, tag, title, permits, etc.
Example:
1. Kenworth Dealer using PremierSpec generates specifications for a T880 model daycab with a Total List Price of $236,258. Agency discount factor for that model is .655 per
matrix below. An additional upcharge depends on the list amount per the matrix. The sale price would be $156,748.99 ($236,258 x .655 + $2,000 min list upcharge), not including
anybody or other items. The cab and chassis is subject to a $2,000 upcharge since the list price is lower then the minimums listed for the model.
2. Dealer also quotes a locally installed dump body, storage/flooring, local transport & delivery, DOT Inspection, local cleaning and 10 gal of fuel for $25,117.00 (Dealer cost plus no
more than 5% markup)
3. Total Agency price for chassis plus body and other goods and services is $179,865.99 ($154,748.99 plus $25,117.00) plus any applicable taxes, state fees, tag, title, etc. Final
delivery and payment terms to be mutually agreed upon by the Kenworth dealer and purchasing agency.
Kenworth Model
IT180
IT280
IT380 Automatic Transmission
IT380 Manual / Automanual Trans.
IT480 4x2
IT480 6x4
K270 or K370 Cabover
K270 / K370 w/Clear Rail Package
IT170 -Dealer Stock Only
IT270 -Dealer Stock Only
T370 4x2 Auto -Dealer Stock Only
IT370 42 Man -Dealer Stock Only
IT370 6x4 Auto -Dealer Stock Only
IT370 6x4 Man -Dealer Stock Only
IT370 HFA -Dealer Stock Only
T270 4x4 -Dealer Stock Only
IT370 44 -Dealer Stock Only
IT370 6x6 -Dealer Stock Only
Kenworth Heavv Dutv Models
IT680 Daycab - Next Gen
IT680 Sleeper - Next Gen
IT880 Daycab
IT680 Daycab PX-9 Next Gen
IT880 Sleeper
W990 Daycab
W990 Sleeper
IT800 Daycab
IT800 Sleeper
W900 Daycab
W900 Sleeper
J T880 Tridem
W990 Tridem
J T800 Tridem
W900 Tridem
IT880 Daycab w/ PX9 Engine
W900 Daycab w/ PX9 Engine
IT4404x2 -Dealer Stock Only
IT4704x2 -Dealer Stock Only
IT440 6x4 -Dlr Stock/Backlog only
IT470 6x4 -Dlr Stock/Backlog only
IT880 Daycab with Front Drive Axle
IC500
Kenworth Electric and Natural Gas Models
K270E/K370E Full Electric: 100 mi. Range
K270E/K370E Full Electric: 150 mi. Range
K270E/K370E Full Electric: 200 mi. Range
IT680E Full Electric Daycab
IT680 Daycab ISX12N - Next Gen
IT680 Sleeper ISX12N - Next Gen
IT880 Daycab ISX12N
IT880 Sleeper ISX12N
IT880 Daycab L9N
Aeencv % Discount off Equivalent
Total List Price Discount Factor
14.9 %
16.6%
19.2%
19.2%
22.7%
22.7%
9.6%
12.4%
20.6 %
22.8%
26.1%
25.0%
28.5%
25.4%
26.6%
32.5%
31.8%
29.2 %
Aeencv % Discount off
Total List Price
34.3%
36.6%
34.5 %
30.1%
35.2%
36.0%
38.2 %
34.3 %
34.8%
32.9%
35.8 %
36.2%
39.8%
37.8%
37.6 %
33.8%
32.5%
33.0%
33.0%
27.2%
27.7 %
35.1%
28.3 %
Aeencv % Discount off
Total List Price
34.0%
34.4%
37.2%
44.6 %
35.1%
37.3%
35.1%
40.7 %
35.0 %
0.851
0.834
0.808
0.808
0.773
0.773
0.904
0.876
0.794
0.772
0.739
0.750
0.715
0.746
0.734
0.675
0.682
0.708
Equivalent
Discount Factor
0.657
0.634
0.655
0.699
0.648
0.640
0.618
0.657
0.652
0.671
0.642
0.638
0.602
0.622
0.624
0.662
0.675
0.670
0.670
0.728
0.723
0.649
0.717
Equivalent
Discount Factor
0.660
0.656
0.628
0.554
0.649
0.627
0.649
0.593
0.650
5500.00 upcharee if less than
Minimum List Price:
$97,450
$111,000
$121,950
$121,950
$149,000
$149,000
$96,450
$117,300
Does Not Apply
Does Not Apply
Does Not Apply
Does Not Apply
Does Not Apply
Does Not Apply
Does Not Apply
Does Not Apply
Does Not Apply
Does Not Apply
51000.00 upcharee if less
than Minimum List Price:
$229,000
$260,500
$264,000
$205,500
$258,000
$257,000
$280,000
$272,500
$307,000
$266,000
$290,000
$302,000
$320,000
$312,000
$353,000
$238,000
$239,000
$153,500
$164,000
$187,500
$186,500
$353,000
$353,000
51000.00 upcharee if less
than Minimum List Price:
Does Not Apply
Does Not Apply
Does Not Apply
Does Not Apply
$283,500
$289,000
$299,000
$329,000
$264,000
51000.00 upcharee if less
than Minimum List Price:
$95,350
$108,750
$115,550
$115,550
$141,850
$141,850
$95,100
$114,950
$95,600
$103,000
$115,400
$113,200
$141,700
$125,800
$147,000
$154,300
$158,500
$158,800
52000.00 upcharee if less
than Minimum List Price:
$222,000
$255,000
$258,000
$198,000
$253,000
$251,000
$273,000
$266,000
$300,000
$259,000
$283,000
$295,000
$312,000
$307,000
$346,000
$233,500
$234,000
$144,000
$159,000
$182,500
$181,000
$346,000
$346,000
52000.00 upcharee if less
than Minimum List Price:
Does Not Apply
Does Not Apply
Does Not Apply
Does Not Apply
$278,000
$284,000
$294,000
$324,000
$259,000
Sou rcewel I R-0
Kenworth #060920-KTC
Pricing for contract #060920-KTC offers Sourcewell participating agencies the following discounts:
• Cab and chassis pricing is specific to each model and based off a percentage discount from 9.6% to 44.6%
off total list price, also know as MSRP. Cab and chassis pricing includes factory freight and dealer profit.
Additionally, all trucks are subject to a commodity/materials surcharge of $3,500 for medium duty
models and $5,000 for heavy duty models.
All truck bodies, local services, extended warranties, local delivery, storage/flooring charges, etc. are
available and priced per the contract.
• A copy of the Pricing Matrix by model can be obtained from your local Kenworth dealer, or by request to
mike.kleespies@paccar.com or nicholas.trout@sourcewell-mn.Rov.
"Complete vehicle quotes are obtained through your local Kenworth dealer. Find your local dealer at
www.kenworth.com/dealers
DocuSign Envelope ID: 3276E8E7-F8A8-46CD-9587-27575F3DC41 B
EXHIBIT B 060920-KTC
Sourcewell ZI
Solicitation Number: RFP #060920
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and Kenworth Truck Company, Division of PACCAR Inc., 10630 N.E. 38tn
Place, Kirkland, WA 98033 (Vendor).
Sourcewell is a State of Minnesota local government agency and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers
cooperative procurement solutions to government entities. Participation is open to federal,
state/province, and municipal governmental entities, higher education, K-12 education,
nonprofit, tribal government, and other public entities located in the United States and Canada.
Vendor desires to contract with Sourcewell to provide equipment, products, or services to
Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts
(Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires August 1, 2024, unless it is
cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional
one-year period upon request of Sourcewell and with written agreement by Vendor.
C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this
Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or
Services as stated in its Proposal submitted under the Solicitation Number listed above.
Vendor's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated
into this Contract.
All Equipment and Products provided under this Contract must be new/current model. Vendor
may offer close-out or refurbished Equipment or Products if they are clearly indicated in
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Vendor's product and pricing list. Unless agreed to by the Participating Entities in advance,
Equipment or Products must be delivered as operational to the Participating Entity's site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated,
sales and sales volume are not guaranteed.
B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free
from liens and encumbrances, and are free from defects in design, materials, and workmanship
pursuant to the express vehicle warranty and extended warranties provided with all Vendor's
vehicles. Vendor does not warrant or accept responsibility or liability for any parts separately
warrantied, for example, body installations, or engines not manufactured by Vendor (which
carry a separate manufacturer's warranty). In addition, Vendor warrants the Equipment,
Products, and Services are suitable for and will perform in accordance with the ordinary use for
which they are intended. Vendor's dealers and distributors must agree to assist the
Participating Entity in reaching a resolution in any dispute over warranty terms with the
manufacturer. Any manufacturer's warranty that is effective past the expiration of the Vendor's
warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will
make available to Sourcewell a means to validate or authenticate Vendor's authorized dealers,
distributors, and/or resellers relative to the Equipment, Products, and Services related to this
Contract. This list may be updated from time -to -time and is incorporated into this Contract by
reference. It is the Vendor's responsibility to ensure Sourcewell receives the most current
version of this list.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor's
Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a
Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered
Equipment, Products, and Services that are operational for their intended purpose, and
includes all costs to the Participating Entity's requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated
with any purchase option of the Equipment, Products, or Services must always be disclosed in
the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly
packaged. Damaged Equipment and Products may be rejected. If the damage is not readily
apparent at the time of delivery, Vendor must permit the Equipment and Products to be
returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
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Participating Entities reserve the right to inspect the Equipment and Products at a reasonable
time after delivery where circumstances or conditions prevent effective inspection of the
Equipment and Products at the time of delivery.
Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive
in a defective or inoperable condition.
Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally
delivers substandard or inferior Equipment or Products. In the event of the delivery of
nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon
as possible and the Vendor will replace nonconforming Equipment and Products with
conforming Equipment and Products that are acceptable to the Participating Entity.
B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax -
exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax-
exempt entity.
C. HOT LIST PRICING. At anytime during this Contract, Vendor may offer a specific selection
of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to
Sourcewell in a line -item format. Equipment, Products, or Services may be added or removed
from the Hot List at anytime through a Sourcewell Price and Product Change Form as defined
in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and
discontinued Equipment and Products as long as those close-out and discontinued items are
clearly identified as such. Current ordering process and administrative fees apply. Hot List
Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any
time. All requests must be made in writing by submitting a signed Sourcewell Price and Product
Change Request Form to the assigned Sourcewell Contract Administrator. This form is available
from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
• Identify the applicable Sourcewell contract number;
• Clearly specify the requested change;
• Provide sufficient detail to justify the requested change;
• Individually list all Equipment, Products, or Services affected by the requested change,
along with the requested change (e.g., addition, deletion, price change); and
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• Include a complete restatement of pricing documentation in Microsoft Excel with the
effective date of the modified pricing, or product addition or deletion. The new pricing
restatement must include all Equipment, Products, and Services offered, even for those
items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will be become an
amendment to this Contract and be incorporated by reference.
S. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and
nonprofit entities across the United States and Canada; such as federal, state/province,
municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally
access the Equipment, Products, or Services under this Contract. A Participating Entity's
authority to access this Contract is determined through its cooperative purchasing, interlocal,
or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service
Member of Sourcewell during such time of access. Vendor understands that a Participating
Entity's use of this Contract is at the Participating Entity's sole convenience and Participating
Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use
eligibility requirements and documentation and will encourage potential members to join
Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster
during the term of this Contract.
B. PUBLIC FACILITIES. Vendor's employees maybe required to perform work at government -
owned facilities, including schools. Vendor's employees and agents must conduct themselves in
a professional manner while on the premises, and in accordance with Participating Entity
policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under
this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this
Contract; however, order flow and procedure will be developed jointly between Sourcewell and
Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating
Entity issues a purchase order, it may use its own forms, but the purchase order should clearly
note the applicable Sourcewell contract number. All Participating Entity orders under this
Contract must be issued prior to expiration of this Contract; however, Vendor performance,
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Participating Entity payment, and any applicable warranty periods or other Vendor or
Participating Entity obligations may extend beyond the term of this Contract.
Vendor's acceptable forms of payment are included in Attachment A. Participating Entities will
be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of
any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and
conditions to a purchase order may be negotiated between a Participating Entity and Vendor,
such as job or industry -specific requirements, legal requirements (e.g., affirmative action or
immigration status requirements), or specific local policy requirements. Some Participating
Entitles may require the use of a Participating Addendum; the terms of which will be worked
out directly between the Participating Entity and the Vendor. Any negotiated additional terms
and conditions must never be less favorable to the Participating Entity than what is contained in
this Contract.
C. PERFORMANCE BOND. If requested by a Participating Entity, Vendor will provide a
performance bond that meets the requirements set forth in the Participating Entity's order. If a
performance bond is requested by a Participating Entity, Vendor's dealer will have sole
responsibility to agree to and establish the bond.
D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires
service or specialized performance requirements (such as e-commerce specifications,
specialized delivery requirements, or other specifications and requirements) not addressed in
this Contract, the Participating Entity and the Vendor may enter into a separate, standalone
agreement, apart from this Contract. Sourcewell, including its agents and employees, will not
be made a party to a claim for breach of such agreement.
E. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or
in part, immediately upon notice to Vendor in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body
at levels sufficient to pay for the goods to be purchased;
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the
Participating Entity's requirements; or
3. Vendor commits any material breach of this Contract or the additional terms agreed to
between the Vendor and a Participating Entity.
F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a
Participating Entity's order will be determined by the Participating Entity making the purchase.
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7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to
Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is
changed. The Account Representative will be responsible for:
• Maintenance and management of this Contract;
• Timely response to all Sourcewell and Participating Entity inquiries; and
• Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with
Sourcewell per contract year. The business review will cover sales to Participating Entities,
pricing and contract terms, administrative fees, supply issues, customer issues, and any other
necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract
sales activity report (Report) to the Sourcewell Contract Administrator assigned to this
Contract. A Report must be provided regardless of the number or amount of sales during that
quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).
The Report must contain the following fields:
• Customer Name (e.g., City of Staples Highway Department);
• Customer Physical Street Address;
• Customer City;
• Customer State/Province;
• Customer Zip Code;
• Customer Contact Name;
• Customer Contact Email Address;
• Customer Contact Telephone Number;
• Sourcewell Assigned Entity/Participating Entity Number;
• Item Purchased Description;
• Item Purchased Price;
• Sourcewell Administrative Fee Applied; and
• Date Purchase was invoiced/sale was recognized as revenue by Vendor.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell,
the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and
Services provided to Participating Entities. The Administrative Fee must be included in, and not
added to, the pricing. Vendor may not charge Participating Entities more than the contracted
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price to offset the Administrative Fee.
The Vendor will submit a check payable to Sourcewell for the administrative fee amount stated
in the Proposal multiplied by the total number of trucks purchased by Participating Entities
under this Contract during each calendar quarter. Payments should note the Sourcewell-
assigned contract number in the memo and must be mailed to the address above "Attn:
Accounts Receivable." Payments must be received no later than 45 calendar days after the end
of each calendar quarter.
Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to
ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell
reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in
any subsequent solicitation. In the event this Contract is cancelled by either party prior to the
Contract's expiration date, the administrative fee payment will be due no more than 30 days
from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Vendor's Authorized Representative is the person named in the Vendor's Proposal. If Vendor's
Authorized Representative changes at any time during this Contract, Vendor must promptly
notify Sourcewell in writing.
10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or
obligations under this Contract without the prior consent of the parties and a fully executed
assignment agreement. Such consent will not be unreasonably withheld.
B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective
until it has been fully executed by the parties.
C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not
waive the provision or the right to enforce it.
D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between
Sourcewell and Vendor. No other understanding regarding this Contract, whether written or
oral, may be used to bind either party.
E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent
contractors, each free to exercise judgment and discretion with regard to the conduct of their
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respective businesses. This Contract does not create a partnership, joint venture, or any other
relationship such as master -servant, or principal -agent.
11. LIABILITY
Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their
agents and employees, harmless from any claims or causes of action, including attorneys' fees,
to the extent arising out of the performance of this Contract by the Vendor or its agents or
employees; this indemnification includes injury or death to person(s) or property alleged to
have been caused by some defect in the Equipment, Products, or Services under this Contract
to the extent the Equipment, Product, or Service has been used according to its specifications.
12. AUDITS
Sourcewell reserves the right to review the books, records, documents, and accounting
procedures and practices of the Vendor relevant to this Contract for a minimum of 6 years from
the end of this Contract. This clause extends to Participating Entities as it relates to business
conducted by that Participating Entity under this Contract.
13. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell
under this Contract and as it applies to all data created, collected, received, stored, used,
maintained, or disseminated by the Vendor under this Contract.
If the Vendor receives a request to release the data referred to in this article, the Vendor must
immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond
to the request.
14. INDEMNIFICATION
As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating
Entities against any and all suits, claims, judgments, and costs instituted or recovered against
Sourcewell or Participating Entities by any person on account of the use of any Equipment or
Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable
patent or copyright laws.
15. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
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a. Sourcewell grants to Vendor a royalty -free, worldwide, non-exclusive right and
license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and
promotional materials for the purpose of marketing Sourcewell's relationship with
Vendor.
b. Vendor grants to Sourcewell a royalty -free, worldwide, non-exclusive right and
license to use Vendor's Trademarks in advertising and promotional materials for the
purpose of marketing Vendor's relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right
of each party to grant sublicenses to its and their respective distributors, marketing
representatives, and agents (collectively "Permitted Sublicensees") in advertising and
promotional materials for the purpose of marketing the Parties' relationship to Participating
Entities. Any sublicense granted will be subject to the terms and conditions of this Article.
Each party will be responsible for any breach of this Article by any of their respective
sublicensees.
3. Use; Quality Control.
a. Sourcewell must not alter Vendor's Trademarks from the form provided by
Vendor and must comply with Vendor's removal requests as to specific uses of its
trademarks or logos.
b. Vendor must not alter Sourcewell's Trademarks from the form provided by
Sourcewell and must comply with Sourcewell's removal requests as to specific uses
of its trademarks or logos.
c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the
other party's Trademarks only in good faith and in a dignified manner consistent
with such party's use of the Trademarks. Upon written notice to the breaching party,
the breaching party has 30 days of the date of the written notice to cure the breach
or the license will be terminated.
4. Termination. Upon the termination of this Contract for any reason, each party, including
Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites,
and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed
catalog of vendors which may be used until the next printing). Vendor must return all
marketing and promotional materials, including signage, provided by Sourcewell, or dispose
of it according to Sourcewell's written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released
without prior written approval from the Authorized Representatives. Publicity includes notices,
informational pamphlets, press releases, research, reports, signs, and similar public notices
prepared by or for the Vendor individually or jointly with others, or any subcontractors, with
respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be
approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator
assigned to this Contract.
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D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment,
Products, or Services.
16. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its
breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls,
Minnesota.
17. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God
or other conditions that are beyond that party's reasonable control. A party defaulting under
this provision must provide the other party prompt written notice of the default.
18. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both
Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the
remainder of this Contract is capable of performance, it will not be affected by such declaration
or finding and must be fully performed.
19. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and
address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and
work in good faith to resolve such dispute within a reasonable period of time. If necessary,
Sourcewell and the Vendor will jointly develop a short briefing document that describes the
issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified
above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher
level of management. The Vendor will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the
Vendor must continue without delay to carry out all of its responsibilities under the
Contract that are not affected by the dispute. If the Vendor fails to continue without delay
to perform its responsibilities under the Contract, in the accomplishment of all undisputed
work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result
of such failure to proceed will be borne by the Vendor.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract,
or any Participating Entity order under this Contract, in default:
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1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
Written notice of default and a reasonable opportunity to cure must be issued by the party
claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated
or other damages. If the default remains after the opportunity for cure, the non -defaulting
party may:
• Exercise any remedy provided by law or equity, or
• Terminate the Contract or any portion thereof, including any orders issued against the
Contract.
20. INSURANCE
A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at
all times during the performance of this Contract with insurance company(ies) licensed or
authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better,
with coverage and limits of insurance not less than the following:
1. Workers' Compensation and Employer's Liability.
Workers' Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Vendor will maintain insurance covering
its operations, with coverage on an occurrence basis, and must be subject to terms no
less broad than the Insurance Services Office ("ISO") Commercial General Liability Form
CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include
liability arising from premises, operations, bodily injury and property damage,
independent contractors, products -completed operations including construction defect,
contractual liability, blanket contractual liability, and personal injury and advertising
injury. All required limits, terms and conditions of coverage must be maintained during
the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage
$1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products -Completed operations
$2,000,000 general aggregate
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3. Commercial Automobile Liability Insurance. During the term of this Contract,
Vendor will maintain insurance covering all owned, hired, and non -owned automobiles
in limits of liability not less than indicated below. The coverage must be subject to terms
no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer),
or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Vendor will maintain
umbrella coverage over Workers' Compensation, Commercial General Liability, and
Commercial Automobile.
Minimum Limits:
$2,000,000
5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional
Liability. During the term of this Contract, Vendor will maintain coverage for all claims
the Vendor may become legally obligated to pay resulting from any actual or alleged
negligent act, error, or omission related to Vendor's professional services required
under this Contract.
Minimum Limits:
$2,000,000 per claim or event
$2,000,000 —annual aggregate
6. Network Security and Privacy Liability Insurance. During the term of this
Contract, Vendor will maintain coverage for network security and privacy liability. The
coverage may be endorsed on another form of liability coverage or written on a
standalone policy. The insurance must cover claims which may arise from failure of
Vendor's security resulting in, but not limited to, computer attacks, unauthorized
access, disclosure of not public data — including but not limited to, confidential or
private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling
Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish
to Sourcewell a certificate of insurance, as evidence of the insurance required under this
Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to
Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the
Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by
a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include
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there will be no cancellation, suspension, non -renewal, or reduction of coverage without 30
days' prior written notice to the Vendor.
Upon request, Vendor must provide to Sourcewell copies of applicable policies and
endorsements, within 10 days of a request. Failure to request certificates of insurance by
Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves
Vendor of its duties and responsibilities in this Contract.
C. Intentionally Omitted.
D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or
otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional
insureds for losses paid under the insurance policies required by this Contract or other
insurance applicable to the Vendor or its subcontractors. The waiver must apply to all
deductibles and/or self -insured retentions applicable to the required or any other insurance
maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require
similar written express waivers of subrogation and insurance clauses from each of its
subcontractors.
E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either
providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-
insurance in accordance with Vendor's risk management practices.
21. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this
Contract must comply fully with applicable federal laws and regulations, and with the laws in
the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Vendor must maintain a valid and current status on all required federal,
state/provincial, and local licenses, bonds, and permits required for the operation of the
business that the Vendor conducts with Sourcewell and Participating Entities.
22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in
writing certain information to Sourcewell related to bankruptcy actions. If at any time during
this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in
writing.
Vendor certifies and warrants that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs
operated by the State of Minnesota; the United States federal government or the Canadian
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government, as applicable; or any Participating Entity. Vendor certifies and warrants that
neither it nor its principals have been convicted of a criminal offense related to the subject
matter of this Contract. Vendor further warrants that it will provide immediate written notice
to Sourcewell if this certification changes at any time.
23. PROVISIONS FOR NON -UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or
services from this Contract may be subject to additional requirements including the
procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require
additional requirements based on specific funding specifications. Within this Article, all
references to "federal" should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Vendor's Equipment,
Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319,
12935, 3 C.F.R. §, 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 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated
herein by reference. If required to file compliance reports, Vendor will provide AAP and EE01
reports only.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal
program legislation, all prime construction contracts in excess of $2,000 awarded by non-
federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. §
3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5,
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction"). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The non-federal entity must report all suspected or reported violations to
the federal awarding agency. The contracts must also include a provision for compliance with
the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor
regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work
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Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-federal entity must report
all suspected or reported violations to the federal awarding agency. Vendor must be in
compliance with all applicable Davis -Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where
applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve
the employment of mechanics or laborers must include a provision for compliance with 40
U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess
of the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These requirements
do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence. This provision is
hereby incorporated by reference into this Contract. Vendor certifies that during the term of an
award for all contracts by Sourcewell resulting from this procurement process, Vendor must
comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. If the federal award
meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that "funding agreement," the recipient or subrecipient
must comply with the requirements of 37 C.F.R. § 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
certifies that during the term of an award for all contracts by Sourcewell resulting from this
procurement process, Vendor must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL
ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require
the non-federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor
certifies that during the term of this Contract will comply with applicable requirements as
referenced above.
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F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award
(see 2 C.F.R. § 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 C.F.R.
§180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3
C.F.R. § 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 neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation by any federal
department or agency.
G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file
any required certifications. Vendors must not have used federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member
of Congress in connection with obtaining any federal contract, grant, or any other award
covered by 31 U.S.C. § 1352. Vendors must 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. Vendors must file all certifications and disclosures
required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 U.S.C. §
1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with
the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies
that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after
grantees or subgrantees submit final expenditure reports or quarterly or annual financial
reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor
must comply with the mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply
with all applicable provisions of the Buy American Act. Purchases made in accordance with the
Buy American Act must follow the applicable procurement rules calling for free and open
competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized
representatives of a federal agency must have access to any books, documents, papers and
records of Vendor that are directly pertinent to Vendor's discharge of its obligations under this
Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right
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also includes timely and reasonable access to Vendor's personnel for the purpose of interview
and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is
a state agency or agency of a political subdivision of a state and its contractors must comply
with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 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.
24. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60
days' written notice to the other party. However, Sourcewell may cancel this Contract
immediately upon discovery of a material defect in any certification made in Vendor's Proposal.
Cancellation of this Contract does not relieve either party of financial, product, or service
obligations incurred or accrued prior to cancellation.
Sourcewell
DocuSigned by:
By: C �9�64�A)
89
Jeremy Schwartz
Title: Director of Operations &
Procurement/CPO
Date: 8/24/2020 1 3:43 PM CDT
Approved:
'DocuSigned
,by,
By: _r1 t,
7E42B8F817A64CC...
Chad Coauette
Title: Executive Director/CEO
Date: 8/24/2020 1 3:44 PM CDT
Kenworth Truck Company,
Division of PACCAR Inc.
DocuSigned by:
NiLt, ku—srtt,s
By: - 0B8F148A584040E...
Mike Kleespies
Title: Director Medium Duty Sales
Date: 8/24/2020 1 2:26 PM CDT
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RFP 060920 - Class 4-8 Chassis with Related Equipment,
Accessories, and Services
Vendor Details
Company Name:
Kenworth Truck Company, Division of PACCAR Inc.
10630 N.E. 38th Place
Address:
Kirkland, Washington 98033
Contact:
Mike Kleespies
Email:
mike.kleespies@paccar.com
Phone:
813-455-1248
HST#:
916029712
Submission Details
Created On:
Monday May 04, 2020 13:34:50
Submitted On:
Tuesday June 09, 2020 12:25:16
Submitted By:
Mike Kleespies
Email:
mike.kleespies@paccar.com
Transaction #:
093110d5-8364-41 a5-bf4a-75cd7cf89286
Submitter's IP Address:
165.225.223.59
Bid Number: RFP 060920 Vendor Name: Kenworth Truck Company, Division of PACCAR Inc.
DocuSign Envelope ID: 3276E8E7-F8A8-46CD-9587-27575F3DC41 B
Specifications
Table 1: Proposer Identity & Authorized Representatives
General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Please do not merely
attach additional documents to your response without also providing a substantive response. Do not leave answers blank; mark "NA" if
the question does not apply to you (preferably with an explanation).
Line
Item
Question
Response*
1
Proposer Legal Name (and
Kenworth Truck Company,
applicable d/b/a, if any):
Division of PACCAR Inc.
2
Proposer Address:
Division Headquarters:
10630 N.E. 38th Place
Kirkland, Washington 98033
(425) 828-5000
PACCAR Inc.
777 106th Ave Ne
Bellevue, WA, 98004
(425) 468-7400
3
Proposer website address:
www.kenworth.com
4
Proposer's Authorized
Mike Kleespies
Representative (name, title,
Director Medium Duty Sales
address, email address & phone)
8338 Golden Prairie Dr
(The representative must have
Tampa, FL 33647
authority to sign the "Proposer's
mike.Kleespies@paccar.com
Assurance of Compliance" on
813-455-1248
behalf of the Proposer and, in the
event of award, will be expected
to execute the resulting contract):
5 Proposer's primary contact for this Mike Kleespies
proposal (name, title, address, Director Medium Duty Sales
email address & phone): 8338 Golden Prairie Dr
Tampa, FL 33647
mike.Kleespies@paccar.com
813-455-1248
6
Proposer's other contacts for this
none
proposal, if any (name, title,
address, email address & phone):
Table 2: Company Information and Financial Strength
Line Question
Item
Response*
Bid Number: RFP 060920 Vendor Name: Kenworth Truck Company, Division of PACCAR Inc.
DocuSign Envelope ID: 3276E8E7-F8A8-46CD-9587-27575F3DC41 B
Provide a brief history of your company,
The Kent and Worthington family starting building trucks in 1915 and formed
including your company's core values,
Kenworth in 1923. In 1944, PACCAR purchased Kenworth Trucks. Kenworth Truck
business philosophy, and industry longevity
Company is a Division of PACCAR Inc. The Kenworth mission is to engineer,
related to the requested equipment, products
manufacture, and market "THE WORLD'S BEST" trucks and services. We will
or services.
accomplish our mission through commitment to employee development, agile business
processes, and unsurpassed customer satisfaction. Our vehicles will be first in
technology and best in class as defined by the top outside rating agencies.
CORE VALUES:
• Our People — Encourage a culture that values and empowers employees
through open communication, integrity and teamwork. Provide a safe environment for
employees to work and grow.
• Our Product — Lead the industry in technologically advanced products and
services while maintaining the Kenworth reputation as a custom, high quality, premium
value vehicle.
• Our Business — Operate according to sound business principles, guided by
strong ethics to achieve profit and performance goals. Enhance Kenworth's reputation
as a leader within the industry and in our communities.
• Our Customers — Enable the success of dealers and customers by
understanding their unique requirements and by providing reliable, innovative custom
products and services.
• Our Partners — Create an environment that encourages cooperation between
PACCAR divisions to capitalize on individual strengths while maintaining brand
identity. Foster supplier relationships to ensure mutual value and success.
What are your company's expectations in the Similar to what we're doing now with the current class 6,7, & 8 chassis award. We
event of an award? will continue to engage the entire Kenworth dealer network throughout the United
States and Canada to work with members and offer the entire lineup of Kenworth
brand commercial trucks, all types of truck related equipment, transportation, finance
and lease, and maintenance and repair parts solutions that meet members specific
fleet needs.
9 Demonstrate your financial strength and
stability with meaningful data. This could
include such items as financial statements,
SEC filings, credit and bond ratings, letters
of credit, and detailed reference letters.
Upload supporting documents (as applicable)
in the document upload section of your
response.
10 What is your US market share for the
solutions that you are proposing?
PACCAR Inc. has enjoyed over 100 years of superior performance with a positive
net profit over the past 81 consecutive years. PACCAR achieved record revenue in
2019 of $25.6 billion and net income of $2.39 billion. PACCAR has paid a yearly
dividend since 1941.PACCAR has an A+/A1 Credit Rating. The 2019 annual report
is uploaded in supporting documents.
Kenworth had US 2019 year end class 8 market share of 15.6%.
Kenworth had US 2019 year end class 6 and 7 market share of 8.7%.
11 at is your Canadian market share for the Kenworth had Canada 2019 year end class 8 market share of 15.4%.
solutions that you are proposing? Kenworth had Canada 2019 year end class 6 and 7 market share of 10.8%.
12 Has your business ever petitioned for
bankruptcy protection? If so, explain in detail.
13 How is your organization best described: is it
a manufacturer, a distributor/dealer/reseller, or
a service provider? Answer whichever
question (either a) or b) just below) best
applies to your organization.
a) If your company is best described as a
distributor/dealer/reseller (or similar entity),
provide your written authorization to act as a
distributor/dealer/reseller for the manufacturer
of the products proposed in this RFP. If
applicable, is your dealer network
independent or company owned?
b) If your company is best described as a
manufacturer or service provider, describe
your relationship with your sales and service
force and with your dealer network in
delivering the products and services proposed
in this RFP. Are these individuals your
employees, or the employees of a third party?
0
B) Kenworth Truck Company is a truck manufacturer. The primary sales force is
through our independently owned and contracted dealers located throughout the
United States and Canada. Our contracted dealers sell and service Kenworth brand
commercial trucks in the class 5, 6, 7 and 8 class. The Kenworth dealers will
prepare the complete vehicle solutions for the members. In addition, Kenworth
employs approximately 50 field sales personal located throughout the U.S. and
Canada that support dealer sales personnel in preparing vehicle quotes, offers and
after sales support to assist in meeting end user needs. These individuals are
employees of Kenworth Truck Company.
14 If applicable, provide a detailed explanation All contracted dealers are required to have vehicle dealer licenses and other
outlining the licenses and certifications that certifications as required by the applicable state and local laws.
are both required to be held, and actually
held, by your organization (including third
parties and subcontractors that you use) in
pursuit of the business contemplated by this
RFP.
15 Provide all "Suspension or Debarment" None
information that has applied to your
organization during the past ten years.
Bid Number: RFP 060920 Vendor Name: Kenworth Truck Company, Division of PACCAR Inc.
DocuSign Envelope ID: 3276E8E7-F8A8-46CD-9587-27575F3DC41 B
Table 3: Industry Recognition & Marketplace Success
Line Question
Item
16 Describe any relevant industry awards or
recognition that your company has received
in the past five years
17 What percentage of your sales are to the
governmental sector in the past three years
18 What percentage of your sales are to the
education sector in the past three years
19 List any state, provincial, or cooperative
purchasing contracts that you hold. What is
the annual sales volume for each of these
contracts over the past three years?
20 List any GSA contracts or Standing Offers
and Supply Arrangements (SOSA) that you
hold. What is the annual sales volume for
each of these contracts over the past three
years?
Table 4: References/Testimonials
Response*
- 2019 Kenworth Recognized as Top Workplace for Women in Transportation
- 2019 National Association of Manufacturers (NAM) Manufacturing Leadership
Award to Kenworth Chillicothe Ohio Plant.
- 2018 Paccar Ste. Therese Plant Receives Frost & Sullivan Manufacturing
Leadership Award.
- 2018 Kenworth Renton Plant receives King County Environmental Honor
- 2017 Kenworth Chillicothe Plant named Best Place to Work in Ross County
- 2017 Kenworth Chillicothe Plant receives "Encouraging Environmental Excellence"
Award from Ohio EPA
- 2016 Kenworth Chillicothe Plant earns AEP Ohio Energy Efficiency Award
- 2016 Gold Award from the King County Industrial Waste Program to our Chillicothe
truck manufacturing facility.
- 2015 Kenworth T880 Vocational Truck Named ATD Truck of the Year
- 2015 Kenworth Renton Plant earns Best Workplace for Waste Prevention and
Recycling Award
A copy of press release for each award is also uploaded in the additional
documents section.
Approximately 5%
Less than 1 %
2016 to 2020 Sourcewell contract for class 67 & 8 vehicles. All other state or
cooperative purchasing contracts are held with various Kenworth dealers throughout
the United States and Canada. For example: Florida Sheriffs Association annual
contract award includes dealers Kenworth of Jacksonville, Kenworth of Central
Florida, and Kenworth of South Florida.
None. A GSA contract is held by a Kenworth dealer (Central Truck Center) with
approximately 20 to 40 units sales per year.
Line Item 21. Supply reference information from three customers who are eligible to be Sourcewell participating entities.
Entity Name
Cullman City
City of Prattville
Jefferson County
Contact Name
Wesley Moore
Dale Gandy
Mike McDermotte
Table 5: Top Five Government or Education Customers
Phone Number*
256-775-7110 I*
334-850-0726 I'
205-325-5101 I*
Line Item 22. Provide a list of your top five government, education, or non-profit customers (entity name is optional),
including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar
volumes from the past three years.
Entity Name
Entity Type *
State /
Province *
Scope of Work
Jefferson
Government
Alabama - AL
Class 8 trucks
County
Dekalb County
Government
Georgia - GA
Class 8 trucks / many natural gas
State of TN
Government
Tennessee - TN
Class 7 trucks / dump w/plow
MN State Govt
Government
Minnesota - MN
Class 8 trucks
Baldwin County
Government
Alabama - AL
Class 8 trucks
Table 6: Ability to Sell and Deliver Service
Size of Transactions *
53 trucks
41 trucks
43 trucks
35 trucks
19 trucks
Dollar Volume Past Three
Years *
Approx. $7 million
Approx.
$8 million
Approx.
$5 million
Approx.
$4 Million
Approx.
$2.5 Million
Bid Number: RFP 060920 Vendor Name: Kenworth Truck Company, Division of PACCAR Inc.
DocuSign Envelope ID: 3276E8E7-F8A8-46CD-9587-27575F3DC41 B
Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your
response should address in detail at least the following areas: locations of your network of sales and service providers, the number of
workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party),
and any overlap between the sales and service functions.
Line
Item Question
Response*
23 Sales force.
Kenworth Dealer Sales Force - It's estimated that there are over 1500 trained and
dedicated sales personnel at over 400 Kenworth dealer locations. Nearly all Kenworth
dealers currently conduct some level of sales to Sourcewell members through the
current contract or through direct bidding. All truck salespeople at Kenworth dealers
are trained and engaged daily in the specification development, truck equipment
solicitation and coordination, quote development and order fulfillment of commercial
trucks in all segments of the industry. Supporting the dealer sales personnel are 50
plus Kenworth Truck Company field personnel throughout U.S. and Canada.
24 Dealer network or other distribution methods.
Over 400 Kenworth dealer locations accross U.S and Canada. A list of dealer
location is uploaded to supporting documents.
25 Service force.
Kenworth Dealer Parts and Service departments — After sale warranty, parts,
maintenance and repair service is provided and managed through the 400 plus
Kenworth dealer locations. Each location includes a service and parts department to
support members maintenance, repair and parts needs. In addition, Kenworth Truck
Company employs a field support group to assist dealers as needed to meet
member's needs.
26 Describe in detail the process and
- Kenworth dealers have developed processes and procedures to respond to customer
procedure of your customer service
service needs for vehicle maintenance and repairs. Most dealers have target
program, if applicable. Include your
guidelines to assure the highest level of customer service.
response -time capabilities and
- Dealers are required to have trained technicians, extended hours of operation, create
commitments, as well as any incentives that
and use an express lane bay to rapid diagnostics in order to reach the goal of
help your providers meet your stated
Premier Care Gold Certified Dealer.
service goals or promises.
- Premier Care Gold Certified Dealer must meet certain criteria and standards to
reach this status. Kenworth's PremierCare Gold Certified dealer network is committed
to maximizing the productivity by offering expedited diagnostics, world -class service,
mobile roadside assistance and a premium driver's lounge.
* Expresslane - When the unexpected happens, PremierCare ExpressLane provides
an expert diagnosis and estimate of the time and cost of repair — within two hours.
Every Kenworth PremierCare Gold Certified dealership has dedicated ExpressLane
technicians to support the two-hour diagnosis.
* Factory -certified technicians with advanced engine training and immediate access to
a vast inventory of quality parts to streamline service solution. Every PremierCare Gold
certified location offers extended evening and weekend hours. TruckTech+ professionals
can help diagnose issues leveraging Kenworth's TruckTech+ remote diagnostics
system, before the truck arrives at the dealer.
* Kenworth PremierCare Roadside Assistance is on call 24 hours a day, 365 days a
year to connect you with the help you need anywhere in North America. 1-800-KW-
ASSIST puts you in touch with a highly trained Kenworth truck specialist who can
manage emergency service and unplanned repairs, schedule preventive maintenance
and expedite parts ordering.
- In the event of a breakdown on the road; PremierCare at 1-800-KW-ASSIST will
identify the closest certified dealer, then contacts that dealer and arranges towing if
needed and schedules the service into the shop, then tracks the repair to completion.
This is a service to help manage the breakdown, warranty and/or payment if
required.
- We also have Truck Tech + which is our onboard/mobile diagnostics which allows
the customer to see what is going on with their fleet health as well as locate the
closest dealer. As this system progresses it will also alert customer which locations
have the parts in stock and how quick the closest dealer will be able to get truck into
shop.
- KW Customer Satisfaction Process: KCSS is the program KW truck company uses
to contact customers and rate their experiences with product and recent service
visits. We are then notified and make contact with customer to resolve any
outstanding issues. Many Kenworth dealers also have their own internal customer
satisfaction standards and practices.
27 Identify your ability and willingness to We have been successfully providing a large quantity of commercial trucks to U.S.
provide your products and services to members through the current Sourcewell contract. The quote activity is strong and
Sourcewell participating entities in the sales volume has increased year over year. This will continue to grow as we continue
United States. to aggressively support the member needs.
28 Identify your ability and willingness to We have been delivering a small quantity of trucks to Canadian entities through the
provide your products and services to current Sourcewell contract. The quote activity is growing and sales growth
Sourcewell participating entities in Canada. anticipated. This will be supported with dealer training and specific topics addressing
Canada separately.
Bid Number: RFP 060920 Vendor Name: Kenworth Truck Company, Division of PACCAR Inc.
DocuSign Envelope ID: 3276E8E7-F8A8-46CD-9587-27575F3DC41B
29 Identify any geographic areas of the United None
States or Canada that you will NOT be fully
serving through the proposed contract.
30 Identify any Sourcewell participating entity None
sectors (i.e., government, education, not -for -
profit) that you will NOT be fully serving
through the proposed contract. Explain in
detail. For example, does your company
have only a regional presence, or do other
cooperative purchasing contracts limit your
ability to promote another contract?
31 Define any specific contract requirements or The Kenworth dealer will seek quotes for additional freight and other related services
restrictions that would apply to our that are required for shipping to these destinations. No other requirements or
participating entities in Hawaii and Alaska restrictions would apply.
and in US Territories.
Table 7: Marketing Plan
Line
Item
Question
Response*
32
Describe your marketing strategy for
The primary method of promoting this contract will be through our dealers. We have a
promoting this contract opportunity.
Sourcewell supporting program in place that all Kenworth dealers see on our main internal
Upload representative samples of your
website. Nearly all of our dealers are already engaged with the Sourcewell contract and
marketing materials (if applicable) in
sales activity. They promote through personal contact with members, distribution of flyers,
the document upload section of your
open house events, and use of other printed material (examples uploaded to supporting
response.
documents)
- Many dealer participate in regional shows targeted to the government and municipal
sector. We push and encourage dealer participation primarily due to the contract award
and to develop promotional materials to display and hand out at the shows.
- We issue a press release each year when pricing is updated on the contract and will
continue to do so. (copy of a past press release uploaded)
- Additional marketing materials continually developed. We promote the Sourcewell contract
at trade shows that Kenworth Truck Company participates directly.
33
Describe your use of technology and
The Kenworth website is the main site for reference to all models, information, and
digital data (e.g., social media,
directory to all Kenworth dealers. Additionally, we promote through many social media
metadata usage) to enhance
platforms like Facebook, Twitter, and Linkedln. Kenworth also utilized a YouTube page
marketing effectiveness.
which has useful information on our models as well as customer testimonials. Kenworth has
it's own phone App which allows anyone to access information about Kenworth models and
dealer locations with their smartphone.
34
In your view, what is Sourcewell's role
Kenworth Truck Company, and all the Kenworth dealers are promoting the benefits to
in promoting contracts arising out of
members cooperatively. Sourcewell's role is to help training the dealers about the benefits
this RFP? How will you integrate a
and continual development of how to approach, listen and respond to members needs.
Sourcewell-awarded contract into your
The benefits that members enjoy in using cooperative contracts mirror the benefits that
sales process?
Kenworth Truck Company and all Kenworth dealers enjoy as well. Every day a Kenworth
dealer someplace in the United State and Canada is working with a member or potential
member to quote equipment to meet a specific need. We have already integrated the
process to quote complete vehicle solutions to member using the awarded contract. The
process is similar to the normal sales process and is constantly being refined to provide
members superior service and responsiveness.
35
Are your products or services
Given that one of our strengths is the ability to custom design and build the ideal long
available through an e-procurement
lasting high quality commercial truck, an e-procurement system isn't feasible.
ordering process? If so, describe your
e-procurement system and how
governmental and educational
customers have used it.
Table 8: Value -Added Attributes
Line
Item
Question
Response*
36
Describe any product, equipment,
Kenworth dealer salespeople provide truck chassis operator instructions to customers as
maintenance, or operator training
needed upon delivery of the vehicle. In situations where a unique body is involved, typically
programs that you offer to
the salesperson will bring along that specific vendor representative to provide operator
Sourcewell participating entities.
instructions and answer any related questions.
Include details, such as whether
- Additional operator training and/or maintenance and repair training, usually conducted as a
training is standard or optional,
training event, are typically provided to a group of individual upon request and any costs
who provides training, and any
associated with this type of training would be mutually agreed upon between the Kenworth
costs that apply.
dealer and member.
Bid Number: RFP 060920 Vendor Name: Kenworth Truck Company, Division of PACCAR Inc.
DocuSign Envelope ID: 3276E8E7-F8A8-46CD-9587-27575F3DC41 B
37 Describe any technological Safety: Nearly all Kenworth models are available with Bendix roll stability control, Bendix
advances that your proposed collision mitigation systems (such as Wingman Fusion) and Meritor collision mitigation
products or services offer. systems (such as On -Guard) that enhance driver safety. These systems offers active braking
and collision avoidance through forward looking radar and windshield mounted camera with
optional video recording. Side object detection is also optional.
- Fuel Economy: Kenworth has improved powertrain fuel efficiency by utilizing automated
transmissions that have shift points and neutral coast modes which are programmed to be
optimized with our Paccar MX engine. Driver aids can also be optioned which help coach
the driver to drive more efficiently. These features include driver performance assistant, driver
shift aid, driver rewards, and progressive shifting. Multi Torque engines can also be optioned
which reduces the amount of torque available to the driver until the vehicle is in the top 2
gears.
- Other technological advances available on select models includes NavPlus HD, which
features a true truck GPS navigation system, and TruckTech+. TruckTech+ is an innovative
technology that helps diagnose and solve potential problems — before they impact the
operation and assure maximum uptime. This includes potential over the air updates to MX
engines. This technology is standard on Kenworth models with a PACCAR MX-13, MX-11,
or Cummins X15 engine, the system delivers:
• Instant notification of actionable engine and aftertreatment fault information.
• Fault codes are accompanied by a plain language explanation of the problem and a
proposed course of action
— immediately empowering the driver and/or fleet manager to make the right decision.
• Proactive diagnostic and repair planning assistance with detailed analysis of critical fault
codes — before the truck
arrives at the shop.
38 Describe any "green" initiatives
Kenworth now offers a medium duty electric vehicle in class 6 or class 7 weight range. We
that relate to your company or to
also offer a wide range of natural gas engines in vehicles class 6, 7 and 8. An all electric
your products or services, and
class 8 vehicle will be available added to this contract in 2021. A hydrogen fuel cell /
include a list of the certifying
electric vehicle class 8 vehicle will be available and added to this contract at a future date
agency for each.
to be determined.
Kenworth has been awarded three government grants that support low emissions projects
involving Kenworth Day Cabs targeted for use as drayage tractors in Southern California
ports. The first two projects are funded by the U.S. Department of Energy (DOE) Office of
Energy Efficiency and Renewable Energy (EERE), with Southern California's South Coast Air
Quality Management District (SCAQMD) as the prime applicant. Kenworth has built near
zero and zero emissions tractors to transport freight from the Ports to warehouses and
railyards.
39 Identify any third -party issued eco-
Kenworth was awarded Environmental Protection Agency's
labels, ratings or certifications that
Clean Air Excellence award in the past in recognition of its
your company has received for the
environmentally friendly products. We continually progress with advanced technologies that
equipment or products included in
reduce green house gas emissions and offer truck models that include zero and near zero
your Proposal related to energy
emissions.
efficiency or conservation, life -cycle
design (cradle -to -cradle), or other
Although not required any longer, a number of Kenworth models are available as SmartWay
green/sustainability factors.
Certified. The EPA SmartWay Transport Partnership is an innovative collaboration between
the EPA and freight industry, designed to improve energy efficiency and reduce emissions.
40 Describe any Women or Minority
There are two known WMBE Kenworth dealers: Kenworth of Louisiana (Jodie Teuton) and
Business Entity (WMBE), Small
Rihm Kenworth (Karl Rihm). Additionally, Kenworth Truck Company was recognized in 2019
Business Entity (SBE), or veteran
as a top workplace for women in transportation. Copy of press release uploaded to
owned business certifications that
documents section.
your company or hub partners
have obtained. Upload
documentation of certification (as
applicable) in the document upload
section of your response.
41 What unique attributes does your
Kenworth designs and build superior quality, highly customized commercial vehicles from
company, your products, or your
class 5 through 8. Our focus is on high quality, long lasting, extremely durable, and
services offer to Sourcewell
customizable cab and chassis to be matched with truck related equipment. For example, we
participating entities? What makes
offer customer frame layouts that allow a member or truck equipment manufacturer to
your proposed solutions unique in
determine where they want frame mounted equipment to match a specific body exactly. We
your industry as it applies to
also offer commercial trucks to help meet sustainability goals. This includes trucks with:
Sourcewell participating entities?
natural gas engines, fully electric medium duty and heavy duty drivetrains, and future units
with hydrogen fuel cell technology.
Bid Number: RFP 060920 Vendor Name: Kenworth Truck Company, Division of PACCAR Inc.
DocuSign Envelope ID: 3276E8E7-F8A8-46CD-9587-27575F3DC41 B
Table 9: Warranty
Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure,
and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document
upload section of your response in addition to responding to the questions below.
Line Question Response*
Item
42 Do your warranties cover all products, parts, and Regarding all Kenworth products, that depends on the specific model and
labor? components selected. Some components are covered by their respective
manufacturer. For example, Cummins Engines are covered under a Cummins
warranty. Cummins warranty service is available at Kenworth dealers and
claims passed through to Cummins directly. Another example is with Allison
transmissions. These transmission are warranted by Allison, and unless the
Kenworth dealer is an authorized Allison warranty location, the Kenworth
dealer would normally arrange for the transport and coordination of the repair
with the local Allison authorized repair center. Add on bodies or other truck
related equipment are covered by those respective suppliers. The selling
dealer usually work cooperatively with the supplier to manage the warranty
repair with the appropriate sub -contractor. Parts and labor is included in all
the standard warranties with Kenworth. Cummins, Allison, TEM equipment,
other components and add on devices typically cover parts and labor as well,
but are specific to those items. The Kenworth base chassis and various
engine warranties are uploaded in the documents section.
43 Do your warranties impose usage restrictions or If a Kenworth truck is used in what is defined as a sever service application,
other limitations that adversely affect coverage? a specific standard warranty is defined separately for units that fall into this
category. Severe service definition and the specific warranty is included in the
warranty documents uploaded.
44 Do your warranties cover the expense of
Each breakdown situation is unique. Kenworth dealers are trained to make
technicians' travel time and mileage to perform
judgment decisions necessary to determine the obtimum method to resolve a
warranty repairs?
warrantable breakdown. If the breakdown is within the first 6 months or
100,000 miles, and if the dealer has the resources and capability and
determines that a technician road call is the best alternative; the dealer is
reimbursed for such calls under a Kenworth warrantable repair.
45
Are there any geographic regions of the United
Kenworth authorized dealers are located in all U.S. states and throughout
States (and Canada, if applicable) for which you
Canada. A list of the 400 plus locations is uploaded to the documents
cannot provide a certified technician to perform
section. Locations can also be found via the dealer locator at
warranty repairs? How will Sourcewell participating
www.kenworth.com. Kenworth warrantable repairs must be performed by an
entities in these regions be provided service for
authorized Kenworth dealer location. Note that certain component warrantable
warranty repair?
repairs may by performed by any authorized location of that specific
component make.
46 Will you cover warranty service for items made by
Components added during primary chassis assembly at the Kenworth factory
other manufacturers that are part of your proposal,
will pass through Kenworth Truck Company if the warrantable repair is
or are these warranties issues typically passed on
performed at an authorized Kenworth dealer. Claims pass through Kenworth
to the original equipment manufacturer?
to the original manufacturer. Bodies and other related add on equipment are
warrantable by those specific equipment manufacturers or service providers. In
many situations, if the Kenworth dealer is capable of providing the
warrantable repair needed on a body or other truck related equipment, the
truck equipment manufacturers will allow the Kenworth dealer to make the
repair on their behalf.
47
What are your proposed exchange and return
No exchange or return program exists since each truck is custom made to
programs and policies?
the specifications needed by the member. However, any exceptions would
�be
at the discretion of the selling Kenworth dealer.
48 Describe any service contract options for the items
Service contract options are available separately through the local Kenworth
included in your proposal.
dealer. Add on contract options would be priced the same as extended
warranties (Dealer sales department cost plus no more then 5% markup).
They can be offered and included in the truck offer when quoted or added
on after delivery within 12 months.
This includes offers from Paccar Leasing Company, a Division of PACCAR
Inc., that offers full maintenance lease, rental units, contract maintenance and
other fleet services that may be included during the complete vehicle solution
to meet the members needs. Many Kenworth dealers are engaged in this
type of business and can offer these services to members.
Table 10: Payment Terms and Financing Options
Line
Item Question Response*
Bid Number: RFP 060920 Vendor Name: Kenworth Truck Company, Division of PACCAR Inc.
DocuSign Envelope ID: 3276E8E7-F8A8-46CD-9587-27575F3DC41B
49 What are your payment terms (e.g., net 10, net 30)?
Payment is net 15 days after released from the Kenworth factory
assembly plant with freight prepaid to the first destination in the
continental U.S., or Canada. Or, as mutually agreed upon between
the Kenworth dealer and member as appropriate since most units
will then have a body installed and each offer is unique to meet the
member's needs.
50 Do you provide leasing or financing options, especially Yes, Kenworth dealers will work with Paccar Financial or other
those options that schools and governmental entities may financial institutions as needed to meet member's needs.
need to use in order to make certain acquisitions?
51 Briefly describe your proposed order process. Include
enough detail to support your ability to report quarterly
sales to Sourcewell as described in the Contract template.
For example, indicate whether your dealer network is
included in your response and whether each dealer (or
some other entity) will process the Sourcewell participating
entities' purchase orders.
All vehicle offers and orders will be through a Kenworth authorized
dealer. No orders can or will be accepted by Kenworth Truck
Company directly. The anticipated process would be as follows:
1. Member and the local Kenworth dealer seek each other out to
resolve a specific member commercial vehicle need.
2. Dealer Salesperson determines specific commercial vehicle needs
through questioning. This includes the intended purpose, vehicle
capacity required, the geographic environment, the specific body
characteristics and functions required, and any other relevant
information needed to prepare a comprehensive vehicle solutions
offer.
3. Dealer Salesperson determines truck model and generates
compatible specifications that meet the members need, meet the
specific body installation need, and meets local road regulations and
any other requirements. The Kenworth PremierSpec report generated
will show the proposed chassis specification and total list price (also
shown as Total Adjusted Price) equal to the base model list plus all
the selected chassis options. This is the list price that the member
discount will apply and include freight to the first continental U.S., or
Canada for Canadian members, destination after chassis assembly
at the Kenworth factory assembly plant.
4. If applicable, dealer salesperson will seek competitive quotes for
any required body, special services (i.e. body swap or other vehicle
modification), truck related equipment, special transport requirements,
special storage requirements, or any other item or service needed to
meet the members need and offer and complete solution.
5. Dealer Salesperson calculates chassis pricing using the
appropriate member discount factor by Kenworth model and any
surcharge applicable based on minimum list thresholds, plus any
body, equipment, extended warranty, etc. markup no more than
dealer sales department cost plus 5%, plus any national, state or
locally required taxes, fees, tag, title, etc. Salesperson presents a
comprehensive commercial vehicle offer with proposed terms and
conditions to member.
6. Member and dealer salesperson/dealer management mutually
agree on all aspects of the proposed offer including final
specification of the truck chassis, body specifications and other
goods, total sales price, final terms and conditions and any tag, title,
tax or other government mandated fees that are required.
Dealership presents member with truck order documents.
7. Member issues and offers formal purchase and/or signing of
dealer truck order to dealer salesperson and management.
8. Dealer accepts members order.
9. Dealer salesperson orders chassis with tracking code, orders all
bodies and equipment and coordinates all activities through final
delivery to fulfill the member order.
10. Upon delivery, member acceptance and member payment; dealer
will register delivery of the vehicle in the Kenworth system. At the
end of each calendar quarter, Kenworth sales administration will
generate a list of all vehicles sold and delivered in the quarter and
remit total fee. The report form will include:
Member name, address, and member number.
Model name, Kenworth unit number (last 6 of the VIN), and the total
gross dollar sale amount.
11. Kenworth Truck Company will follow up with a standard customer
survey to assure members total satisfaction. Any response deemed
unacceptable will be forwarded to the Kenworth dealer for follow-up
with the member for rectification.
12. Periodic and random audits will be conducted as deemed
necessary to assure compliance with the member pricing, terms, and
reporting requirements.
52 Do you accept the P-card procurement and payment P-card payment process is typically not used for commercial truck
process? If so, is there any additional cost to Sourcewell procurement. However, this would be mutually determined between
participating entities for using this process? the member and the selling Kenworth dealer.
Bid Number: RFP 060920 Vendor Name: Kenworth Truck Company, Division of PACCAR Inc.
DocuSign Envelope ID: 3276E8E7-F8A8-46CD-9587-27575F3DC41 B
Table 11: Pricing and Delivery
Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can
be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product
Change Request Form.
Line Question
Item
53 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.
Upload your pricing materials (if applicable) in the document
upload section of your response.
54 Quantify the pricing discount represented by the pricing
proposal in this response. For example, if the pricing in
your response represents a percentage discount from MSRP
or list, state the percentage or percentage range.
55 Describe any quantity or volume discounts or rebate
programs that you offer.
Response*
Pricing is based on the Kenworth truck model, custom list price
generated, less the member discount, plus any surcharge for the
specific model depending on final list amount compared to
minimums listed in the pricing matrix.
Truck Chassis Pricing: The member price for a custom spec'd
Kenworth chassis is the total list price, also known as the Total
Adjusted Price in the PremierSpec report, less the member discount
(member discount matrix uploaded to documents) plus any
surcharges based on minimum list prices for the specific applicable
Kenworth Model. This calculated member price includes the standard
freight from Kenworth factory assembly plant to the first delivery
destination in the continental U.S., or Canada for Canadian
members.
See the uploaded member discount matrix schedule with the specific
discounts by Kenworth truck model, minimum list requirements,
instructions and a pricing example that includes a sourced body.
Member price for all vehicle bodies and equipment needed to offer
a complete vehicle solution will be at Kenworth dealer sales
department cost plus no more than 5%. This includes all potential
truck mounted bodies, add on equipment, special training requests,
additional or special manuals, special software and/or hardware,
special subscriptions (online technical information access for
example), special transportation (other than the transport included
from the chassis assembly plant to the first specified delivery
location which is included in the member chassis pricing), any and
all truck related type services (for body swap from old chassis to
new chassis for example) and any mutually agreed upon storage
costs for long lead time body installations or services.
Member prices for all electric vehicle support services, infrastructure
analysis, and charging systems pricing will be quoted at dealer sales
department cost plus no more than 5%.
Extended Warranties: All extended warranties offered by the
Kenworth dealer for any manufacturer or item will be priced at
dealer sales department cost plus no more than 5%.
Additional pricing detail: Kenworth Truck Company builds custom
truck cab and chassis and each unit, or order of multiple identical
units, is unique. Kenworth dealers use the Kenworth PremierSpec
sales tool to generate a buildable unit that meets an end user's
specific need. The sales tool will generate a report with the base
list price plus all the required options list price and calculate a total
list price, shown in the report as Total Adjusted Price (w/o freight &
warranty & surcharges). This is the total list price that the applicable
model discount is applied. It is important to note that all Kenworth
models base chassis list price is just a starting point and typically
cannot be ordered and built without adding additional chassis
options required to create a compatible and buildable unit.
The discounts provided in this response range approximately from
12.6% to 49.3% depending on specific model. See the included
member discount matrix schedule off list price. Note that each unit is
custom designed and list price very depending on final specifications
to meet member needs. .
The discounts included in this offer includes discounts that take into
account the total potential volume of all member purchases combined
Bid Number: RFP 060920 Vendor Name: Kenworth Truck Company, Division of PACCAR Inc.
DocuSign Envelope ID: 3276E8E7-F8A8-46CD-9587-27575F3DC41 B
56 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.
57 Identify any element of the total cost of acquisition that is
NOT included in the pricing submitted with your response.
This includes all additional charges associated with a
purchase that are not directly identified as freight or
shipping charges. For example, list costs for items like pre -
delivery inspection, installation, set up, mandatory training, or
initial inspection. Identify any parties that impose such costs
and their relationship to the Proposer.
58 If freight, delivery, or shipping is an additional cost to the
Sourcewell participating entity, describe in detail the
complete freight, shipping, and delivery program.
59 Specifically describe freight, shipping, and delivery terms or
programs available for Alaska, Hawaii, Canada, or any
offshore delivery.
60 Describe any unique distribution and/or delivery methods or
options offered in your proposal.
All sourced goods and services will be priced at the Kenworth
dealer sales department cost plus no more than 5%.
The Kenworth dealer will solicit offers from sub -contractors for
sourced goods and services needed to offer a complete vehicle
solution that meets the members need. These sourced goods and
services include, but are not limited to, any truck body, trailers, truck
equipment, tools, support devices, parts and/or maintenance parts
kits to be included with the chassis, additional or custom manuals,
software, subscriptions, special transportation (other than the standard
transportation included in the chassis price to the first delivery
destination after the Kenworth factory assembly plant), requested
training, extended warranties, and any specialized body or
specialized service. Chassis storage costs may also be quoted, if
needed and agreed upon between member and dealer, to store a
chassis waiting for a long lead time body or service installation.
An example of some of the common sourced bodies are dumps,
mixers, vans, flatbeds, cranes, booms, conveyors, extension, service
bodies, sweepers, scissor, refuse, maintenance, reefers, auto carrier,
wrecker, logger, pump, tank, drilling, fire service, oil service,
beverage, pot hole patcher, utility, block, pumper, rescue, ambulance,
transport, vacuum, repair, fork lift, derrick, bulk, hopper, asphalt,
bucket, lift, marine, slinger, hook, roll-on/off, roll -back, and
knucklboom. An example of common add on truck equipment is
fairings, pintle hook, trailer brakes and electrical connections,
sleepers, crewcab modifications, bulkhead, GPS devices, etc. An
example of some specialized services are body swaps, body
modifications, chassis wheelbase modifications, specialized training,
maintenance program, etc. An example of special transportation that
might be requested and required would be when needed truck
related equipment, a body for example, is assembled and installed
on incomplete truck chassis beyond the members community. Or
when the members location requires specialized transport such as
Hawaii or Alaska
Extended warranties for base chassis, engines, transmissions, bodies
or any other truck related option or combination will be offered
through Kenworth dealers at dealer sales department cost plus no
more than 5%.
All federal, state, or local taxes, fees, tag, title, permit, or other
miscellaneous requirements are not included. These costs will be
determined by the Kenworth dealer as required with each unique
state and member offering.
Member chassis pricing (total list price less member discount by
model) includes transportation from the Kenworth factory assembly
plant to the first specified delivery location in the continental United
States, or Canada for Canadian members. This does not include
additional transport required to deliver to Alaska, Hawaii or other
U.S. territories. Additional transportation services, such as transport
from a body company to dealership and then to members location,
will be priced at the Kenworth dealer sales department cost plus no
more than 5%.
Member chassis pricing includes transportation from the assembly
plant to the first specified delivery location. This could include a
port in the continental United States, or Canada for Canadian
members. Additional ocean, rail, flatbed, or other transport service
required to deliver to Alaska, Hawaii or off shore would be priced at
the Kenworth dealer sales department cost plus no more than 5%.
If a member were to require expedited shipping from the Kenworth
factory assembly plant in a manner that is not customary, an
additional amount above and beyond the included transportation from
assembly plant would be quoted and priced at the Kenworth dealer
sales department cost plus no more than 5%. Example: single drive
or trailer transported delivery in lieu of 3 or 4 way combination to
expedite delivery time.
Bid Number: RFP 060920 Vendor Name: Kenworth Truck Company, Division of PACCAR Inc.
DocuSign Envelope ID: 3276E8E7-F8A8-46CD-9587-27575F3DC41 B
Table 12: Pricing Offered
Line
Item The Pricing Offered in this Proposal is: * Comments
61 c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing
departments.
Table 13: Audit and Administrative Fee
Line Question
Item
62 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
participating entities 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.
63 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 the RFP and template Contract for
additional details.)
Response
A Kenworth dealer sales program is published supporting the
Sourcewell contract. This is posted on an internal website
that outlines the procedures, process, and compliance
requirements. This will include the mandatory Sourcewell
tracking code the dealer must add to allow a new order to
qualify. Kenworth administration will generate a list of all units
delivered to members and warranty registered in the
Kenworth system quarterly. The report is generated by
matching the tracking code against all Kenworth registered
units in the quarter. A resulting report will display the chassis
vehicle number (last 6 of the VIN), selling dealer name, and
purchasing member name, etc. This will then allow Kenworth
administration to determine the total fee to remit. Periodic
and random audits will be conducted with dealers and
documents reviewed to assure compliance with the Sourcewell
contract. This includes pricing calculations and generals
terms per the contract and supporting Kenworth program.
The proposed administrative fee to Sourcewell is $750 per
unit.
Bid Number: RFP 060920 Vendor Name: Kenworth Truck Company, Division of PACCAR Inc.
DocuSign Envelope ID: 3276E8E7-F8A8-46CD-9587-27575F3DC41B
Table 14A: Depth and Breadth of Offered Equipment Products and Services
Line
Item
Question
Response*
64 Provide a detailed description of the
All products and services offered in this proposal are in cooperation and through our
equipment, products, and services that you
authorized and contracted Kenworth dealer network. No products or services are
are offering in your proposal.
offered for purchase directly from Kenworth Truck Company.
The products include the entire Kenworth brand truck product line of class 5, 6, 7,
and 8 vehicles with gross vehicle weight ratings from 16,000 lbs. to 80,000 lbs. or
more. The base models are: T170, T270, T370, K270, K370, T440, T470, T680,
T800, T880, W900, W990 and C500. New / future models will be added as them
become available. This includes all possible factory assembled sales code options
included in published data books and non -published factory options (NPO items).
All truck body types, equipment, tools, support devices, and services to be installed
or provided after chassis assembly are to be included in the contract. These will be
offered through Kenworth dealers at the time of truck chassis quotes in order to
provide a complete vehicle solution. Kenworth dealers will solicit offers from TEM's
or other entities for the necessary equipment or services required to meet the needs
of the specific member. This includes, but is not limited to, truck bodies and related
equipment such as trailers, dumps, mixers, vans, flatbeds, cranes, booms, conveyor,
bulkhead, crewcab, sleeper, extension, service bodies, sweepers, scissor, refuse,
maintenance, reefers, auto carrier, wrecker, logger, pump, tank, drilling, fire service, oil
service, beverage, pot hole patcher, utility, block, pumper, rescue, ambulance,
transport, vacuum, repair, fork lift, derrick, bulk, hopper, asphalt, bucket, lift, marine,
slinger, hook, roll-on/off, roll -back, fairings, tractor, pintle hook, parts and parts kits,
manuals, software, and any specialized body or specialized service. An example of
some specialized services are body swaps, body modifications, chassis wheelbase
modifications, specialized training, etc. Special transportation service will be offered
by Kenworth dealers in addition to the standard transport provided as needed
depending on the unique need with each members solution. This is typically required
when a truck body and/or other related equipment is assembled and installed on
incomplete truck chassis beyond the members community. Or when the members
location requires specialized transport such as Hawaii. Extended warranties for base
chassis, engines, transmissions, bodies or any other truck related optional extended
warranties are offered through Kenworth dealers. Kenworth Truck dealers will work
directly with members to develop a complete vehicle offering that meets the members
specific needs (vehicle solution). Kenworth dealers will develop the final chassis
specifications with a mix of the available published and unpublished sales codes that
meet the members custom vehicle needs. Kenworth dealers and member will mutually
agree upon the final delivery and payment terms depending on the scope of the
complete vehicle solution.
All quotes, offers, final agreed upon terms and conditions, sale, delivery and after
sales services will be agreed upon between Kenworth dealers and members. All
U.S. and Canadian Kenworth dealers are engaged and encouraged to grow
relationships and sales with members to meet each members unique and specific
commercial vehicle transportation need.
65
Within this RFP category there may be
Repair parts and/or repair services - Repair and maintenance parts and/or repair and
subcategories of solutions. List subcategory
maintenance service are needed by members for both Kenworth and other branded
titles that best describe your products and
commercial trucks already in service with the members. A solution within the
services.
Sourcewell contract has been requested by members. It is out intent is to engage
Kenworth dealers to enter into participating addendum contracts with member that
would include discounted and predetermined parts pricing and/or maintenance and
repair service pricing. These participating addendum contracts would be specific for
the local market and in support and within the scope of this Sourcewell contract.
Traditional finance or lease products including municipal lease options. Kenworth
dealers will solicit offers from sub -contractors, such as, but not limited to, Paccar
Financial to meet the specific member's needs.
Full Maintenance Lease options through PACCAR Leasing and dealer leasing
divisions is also available. This includes vehicle rentals, lease with all maintenance
included or maintenance only options.
Bid Number: RFP 060920 Vendor Name: Kenworth Truck Company, Division of PACCAR Inc.
DocuSign Envelope ID: 3276E8E7-F8A8-46CD-9587-27575F3DC41 B
Table 14113: Depth and Breadth of Offered Equipment Products and Services
Indicate below what Classes of equipment are offered in this proposal.
Line Item Category or Type Offered'
66 Class 8 chassis r Yes
r No
67 Class 7 chassis r Yes
r No
68 Class 6 chassis r Yes
r No
69 Class 5 chassis r Yes
r No
70 Class 4 chassis r Yes
r No
Comments
Kenworth offers many class 8 highly
customizable models and has plans
to offer a class 8 fully electric model
in 2021.
Kenworth offers three class 7 highly
customizable models in both
conventional and cabover configuration
including a fully electric model.
Kenworth offers three class 6 highly
customizable models in both
conventional and cabover configuration
including a fully electric model.
Kenworth currently offers 1 class 5
model. But additional model may be
added.
Kenworth currently does not offer a
class 4 vehicle, but may do so and
add to the contract any future models
that fit this weight class.
Bid Number: RFP 060920 Vendor Name: Kenworth Truck Company, Division of PACCAR Inc.
DocuSign Envelope ID: 3276E8E7-F8A8-46CD-9587-27575F3DC41 B
Table 15: Industry Specific Questions
Line
Item
Question
Response*
71 If you are awarded a contract, provide a
Most of the metrics to determine success are already in place with the current
few examples of internal metrics that will
contract Kenworth enjoys. This includes quote activity by quarter, units ordered
be tracked to measure whether you are
quarterly, total units ordered year to date, total units ordered inception to date, units
having success with the contract.
delivered each quarter, quarter vs quarter deliveries and overall growth, and Kenworth
delivery performance percentage compared to other contracted OEMs by state and
overall.
72
Describe your company's offering in
Kenworth currently offer a class 6 and class 7 fully electric commercial truck. A
relation to alternative fuel sources, including
class 8 fully electric commercial truck is planned for introduction in 2021. Supporting
electric or others.
these electric truck offering, Kenworth plans to offer infrastructure analysis in
cooperation with contracted partners and offer special pricing on electric charging
systems. These systems and analysis can be quoted by the Kenworth dealer per the
contract pricing matrix in cooperation and a Kenworth truck quote. Additionally, a full
range of class 7 and 8 natural gas vehicles are offered. A class 6 natural gas
offering is planned for 2021 and will be added to this contract.
73 Describe any manufacturing processes or
Kenworth chassis are assembled with 120,000 PSI, North American steel. We also
materials utilized that contribute to chassis
offer several different frame rail sizes up to 11-5/8" in order to accommodate each
strength, cab strength, overall durability,
application. Kenworth also offers heavy duty bolted crossmembers which provide
driver safety that differentiate your offerings.
superior strength, durability, and serviceability over standard welded or stamped steel
crossmembers. Each order is analyzed by a team of engineers to make sure that the
chassis is spec'd properly and will be capable of the intended service.
Kenworth uses high strength aluminum cabs and overall high quality materials and
components. The Kenworth conventional product line utilizes aluminum cab
construction which has been proven in the field to have industry leading durability. Not
only are aluminum cabs lighter than stamped steel, they are also corrosion resistant.
Because Kenworth was founded by building rugged vocational trucks, our cabs need
to be able to withstand logging roads and other severe duty off road applications.
Kenworth offers a wide array of safety related options including automatic traction
control, roll stability, collision avoidance systems such as Bendix Wingman Advanced
and Bendix Fusion that includes collision avoidance and lane departure, side object
detection systems, smart steering wheels for hands on controls, and other driver
safety systems that continually enhance driver comfort and safety.
74 Describe any differentiating serviceability Truck Tech Plus is now available on nearly all Kenworth models with Paccar or
attributes (remote diagnostics, etc.) your Cummins engines. This technology allows fleet operators as well as the internal
proposal offers. Kenworth team to monitor the truck's status and overall health while on the road. Not
only is Truck Tech Plus a remote diagnostics system, it also provides insights as to
what is actually triggering the fault rather than just displaying error codes. Once a
fault is detected, the severity is determined and the driver can be advised to
immediately find the next dealership or whether the fault can be addressed at the
next scheduled service in order to maximize the amount of uptime. Over the air
remote engine updates are also available on select engines and configurations.
Bid Number: RFP 060920 Vendor Name: Kenworth Truck Company, Division of PACCAR Inc.
DocuSign Envelope ID: 3276E8E7-F8A8-46CD-9587-27575F3DC41 B
Exceptions to Terms, Conditions, or Specifications Form
Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been
incorporated into the contract text.
Documents
Ensure your submission document(s) conforms to the following:
1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided
2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to
ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by
Sourcewell.
3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.
4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the
zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding
to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan."
• Financial Strenath and Stabilitv - paccar-2019-annual financial report.pdf - Thursday May 28, 2020 16:29:19
• Marketina Plan/Samples - Marketing support docs.zip - Thursday May 28, 2020 16:45:51
• WMBE/MBE/SBE or Related Certificates - Women in Trucking Award.docx - Thursday May 28, 2020 16:29:38
• Warranty Information - Kenworth Warranty Documents.zip - Thursday May 28, 2020 16:29:57
• Pricing - Member Pricing Matrix for Kenworth Trucks.pdf - Thursday June 04, 2020 12:28:28
• Additional Document - Kenworth Additional Supporting Docs.zip - Tuesday June 09, 2020 12:15:59
Bid Number: RFP 060920 Vendor Name: Kenworth Truck Company, Division of PACCAR Inc.
DocuSign Envelope ID: 3276E8E7-F8A8-46CD-9587-27575F3DC41 B
Proposer's Affidavit
PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the
Proposer to this Affidavit and Assurance of Compliance:
1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in
the jurisdiction of its residence.
2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for
contract award.
3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the
Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under
this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not
directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this
solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or
competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the
consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this
solicitation.
4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or
circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a
vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired.
5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an
employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this
solicitation.
6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in
accordance with the terms, conditions, and scope of a resulting contract.
7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or
certifications necessary to deliver such equipment, products, or services under any resulting contract.
8. The Proposer agrees to deliver equipment, 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.
9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.
10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either
substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic
data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes
Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under
Minnesota's Data Practices Act.
11. Proposer its employees, agents, and subcontractors are not:
a. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control
of the United States Department of the Treasury found at: httDs://www.treasurv.aov/ofac/downloads/sdnlist.Ddf;
b. Included on the government -wide exclusions lists in the United States System for Award Management found at:
httos://www.sam.aov/Dortal/3; or
c. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated
Bid Number: RFP 060920 Vendor Name: Kenworth Truck Company, Division of PACCAR Inc.
DocuSign Envelope ID: 3276E8E7-F8A8-46CD-9587-27575F3DC41 B
by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any
Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense
related to the subject matter of this solicitation.
r By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this
Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I
had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic
signature or electronic record was used in its formation. - Mike Kleespies, Director, Medium Duty Sales, Kenworth Truck Company,
division of PACCAR Inc.
The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the
Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid.
r Yes r No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.
Check the box in the column " I have reviewed this addendum" below to acknowledge each of the addenda.
I have reviewed the
File Name below addendum and Pages
attachments (if
applicable)
Addendum_11_Class 4-8_Chassis_RFP060920
Wed June 3 2020 07:52 AM
Addend um_10_Class_4-8_Chassis_RFP060920
Wed May 27 2020 03:40 PM
Addendum_9_Class_4-8_Chassis_RFP060920
Tue May 26 2020 02:51 PM
Addendum_8_Class_4-8_Chassis_RFP060920
Thu May 21 2020 01:21 PM
Addendum_7_Class_4-8_Chassis_RFP060920
Mon May 18 2020 03:30 PM
Addendum_6_Class_4-8_Chassis_RFP060920
Wed May 13 2020 04:40 PM
Addendum_5_Class_4-8_Chassis_RFP060920
Tue May 12 2020 10:00 AM
Addendum_4_Class_4-8_Chassis_RFP060920
Mon May 4 2020 01:24 PM
Addendum _3_Class _4-8_Chassis_RFP060920
Wed April 29 2020 03:45 PM
Addendum _2_Class _4-8_Chassis_RFP060920
Wed April 22 2020 01:14 PM
Addendum _1_Class _4-8_Chassis_RFP060920
Fri April 17 2020 12:32 PM
r -
r -
r -
r -
r -
r
r -
r -
r -
r
r
Bid Number: RFP 060920 Vendor Name: Kenworth Truck Company, Division of PACCAR Inc.
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
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 06/13/23 M&C FILE NUMBER: M&C 23-0450
LOG NAME: 13P BLANKET COOPERATIVE AUTHORIZATION FLEET ACQUISITIONS ADK
SUBJECT
(ALL) Authorize Purchase Agreements with Multiple Vendors for the Purchase of Fleet Vehicles, Off -Road Vehicles, and Other Motorized
Equipment up to the Amount of Available Funding in Capital Projects Across Multiple Funds Citywide using Multiple Cooperative Contracts and
Interlocal Agreements for Three Years for the Property Management Department
RECOMMENDATION:
It is recommended that the City Council authorize the execution of purchase agreements with multiple vendors for the purchase of fleet vehicles, off
road vehicles, and other motorized equipment up to the amount of available funding in Capital Projects Across Multiple Funds Citywide using
multiple cooperative contracts and interlocal agreements for three years for the Property Management Department.
DISCUSSION:
The Property Management Department's Fleet Acquisitions Division is currently in the process of fulfilling a multi -year backlog of City vehicle and
equipment purchases. The biggest challenge in trying to overcome this backlog is the availability of vendors, inventory, and the time it takes for the
City to make purchases when vehicles are available. Currently, the City has a backlog of eight (8) years totaling more than $30 million dollars.
The City currently has contracts with the following vendors using cooperative contracts:
VENDOR
�Siddons Martin Emergency Group, LLC
�Siddons Martin Emergency Group, LLC
�JIIouston Holdings, LLC
�Versalift
Lake Country Chevrolet
North Texas Trailers, LLC
Silsbee Ford
Associated Supply Company (ASCO)
Rogue Jet Boatworks, Inc.
Lenco Industries, Inc.
Polaris Sales, Inc.
Nationwide Trailers, LLC
�Crafco, Inc.
JKd01;J =I:7A 111V/ WI[r] =I2Iwo
BuyBoard
Houston -Galveston Area Council (HGAC)
BuyBoard
Sourcewel I
The Interlocal Purchasing System (TIPS)
Buyboard
TIPS
BuyBoard
General Services Administration (GSA)
HGAC
Sourcewel I
BuyBoard
BuyBoard
However, due to limited inventory and availability, additional vendors and options are needed. Fleet Acquisitions has already identified twenty-nine
additional vendors that are available through cooperatives.
Approval of this Mayor & Council Communication (M&C) authorizes the City to execute contracts with any vendor that is currently listed on any valid
cooperative that has one or more vehicles or pieces of equipment that is a current need for the City's fleet. This authorization would also include
purchases made using Interlocal Agreements with other governmental entities.
Fleet Acquisitions recently partnered with the Purchasing Division in an effort to better ensure that the City is able to purchase needed items as
quickly and efficiently as possible. The Fleet team meets regularly with key personnel to ensure that specifications are appropriate for the City's
fleet, costs are reasonable and acceptable, and that departments are receiving items that meet their business needs.
COOPERATIVE PURCHASE and INTERLOCAL AGREEMENTS - State law provides that a local government purchasing an item under a
cooperative purchasing agreement or interlocal agreement satisfies state laws requiring that the local government seek competitive bids for
purchase of the item.
AGREEMENT TERMS - Upon City Council approval of this M&C, the City will have authority to enter into one-time purchase agreements or annual
agreements with available vendors for up to three years from the date of approval. At the expiration of three years from the date of approval, the
City will seek additional authorization for any necessary contracts at that time.
BUSINESS EQUITY - an M/WBE goal is not assigned when purchasing from an approved purchasing cooperative or other public entity.
FUNDING - Currently, there is $42,593,019.00 in the City's budget in capital projects across multiple funds citywide for the purpose of funding fleet
acquisitions. Prior to each purchase agreement or contract being executed, staff will confirm that funding is available for that purchase and is
appropriated for that purpose. All existing contracts shall be amended or terminated to release encumbered funds to ensure that the City is able to
make purchases with the vendors that have needed items available for purchase on a rolling basis. No guarantee has been or will be made to any
vendor regarding minimum purchases.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budgets, as previously appropriated, in the Vehicle and
Equip Replacement Fund, W&S Capital Projects Fund, Stormwater Capital Projects Fund, Municipal Airport Capital Proj Fund, Solid Waste
Capital Projects Fund, CCPD Capital Projects Fund, ITS Capital Fund, Fleet Capital Projects Fund, Environmental Prot Cap Proj Fund, Tax Note
2019 Fund and Tax Note 2020 Fund to support the approval of the above recommendation for the purchase of vehicles and equipment. Prior to
any expenditures being incurred, the Property Management Department has the responsibility to validate the availability of funds.
Submitted for Citv Manaaer's Office bv: Reginald Zeno 8517
Dana Burghdoff 8018
Oriainatina Business Unit Head: Reginald Zeno 8517
Steve Cooke 5134
Additional Information Contact: Jo Ann Gunn 8525
Ashley Kadva 2047