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HomeMy WebLinkAboutContract 58304 DocuSign Envelope ID:070ED5F6-B1B5-4C12-AFB3-2AOACDOA33D8 CSC No. 58304 FORT WORTH CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement ("Agreement") is entered into by and between Wastequip Manufacturing Company LLC ("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#040621-WQI; 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 ofthis Agreement.Total payment made under this Agreement for the first year by City shall not exceed Ninety-five Thousand Dollars($95,000.00).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 June 2,2025 in line with the cooperative contract. The City shall be able to extend this agreement for one(1)one-year renewal option 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: To CITY: To VENDOR: Wastequip Manufacturing Company LLC City of Fort Worth Bobby Calloway,Vice President Attn: Valerie Washington,Assistant City Manager 200 Texas Street 6525 Carnegie Blvd., Suite 300 Charlotte,NC 28211 Fort Worth,TX 76102-6314 Facsimile: 833-930-1124 Facsimile:(817)392-8654 With copy to Vicky Connelly,Bid/Contract Specialist With copy to Fort Worth City Attorney's Office at (Bid Location) 841 Meacham Road, Statesville,NC same address 28677 Email:vconnelly@wastequip.com OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX DocuSign Envelope ID:070ED5F6-B1B5-4C12-AFB3-2AOACDOA33D8 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: CONTRACT COMPLIANCE MANAGER: Yalj, By signing I acknowledge that I am the person By: ValerieWashington(Oct 24,202210:35CDT) responsible for the monitoring and administration Name: Valerie Washington of this contract, including ensuring all performance Title: Assistant City Manager and reporting requirements. Date: Oct 24, 2022 A APPROVAL RECOMMENDED: By: Ruben A.Diaz(Oct 13, CKI Name: Ruben Diaz Title: Code Compliance Superintendent Tirn Keezell By: Jim Keezell(Oct 21,202216:03 CDT) APPROVED AS TO FORM AND LEGALITY: Name: James Keezell Title:Assistant Code Compliance Director bd-p44Un�� ATTEST: o�OFORT 4a By. VI p,�o oG��d Name: Jessika Williams r O1 o Title: Assistant City Attorney By: JannetteS.Goodall(Oct 24,202214:08CDT: Ya*00000000000oo a� CONTRACT AUTHORIZATION• Name: Jannette Goodall ra nEX 45�p41 M&C: N/A Title: City Secretary VENDOR: Wastequip Manufacturing Company LLC By: CDacuSigned 6y: jDloloi� Ca�ewa� 278C79E7922142B... )Vay Title: Vice President Date: Oct-11-2022 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX V4VF WASTEQUIP EXHIBIT A 8521 FM 850,Tyler,TX,75705 Sou rcewe l l PHONE:903-405-4475 WQ-10251164 Awarded Contract Sell To: Contact Name Ruben A. Diaz Ship To Name City of Fort Worth Bill To Name City of Fort Worth Ship To 7801 W Cleburne Bill To 100 Throckmorton St Fort Worth,TX 76133 Ste 700 USA Fort Worth,TX 76102-2837 USA Email ruben.alejandrodiaz@fortworthtexas.gov Phone (817)229-8571 Quote Information Salesperson Chance Hennig Created Date 10/12/2022 Salesperson Email chennig@wastequip.com Expiration Date 11/11/2022 Salesperson Phone (361)362-4485 Quote Number WQ-10251164 Please Reference Quote Number on all Purchase Orders Product Product Description Description QuantitySales - ice Pr DOOR HINGES 40 Cubic Yard Heavy Duty Rectangular Roll Off Container 22' Long-Floor: ON THE LEFT Container SIDE,opposite 1/4"with 3"structural channels on 18"centers and 6"x 2"x 1/4"Structural -TX- of standard 10.00 $7,586.00 $75,860.00 154693 Tubing Main Rails,Walls: 12 gauge with side columns on 24"centers and 3"x 4"x 11 gauge Top Rails, Primed and Painted any Standard Color PAINT CODE 6768 Payment Terms Net 30 Days if credit has been established Subtotal $75,860.00 Shipping Terms FOB Origin Shipping $2,345.00 Tax $0.00 Grand Total $78,205.00 Additional Information Additional Terms Our Quote is a good faith estimate, based on our understanding of your needs. Subject to our acceptance,your Order is an offer to purchase our Products and services in accordance with the Wastequip Terms&Conditions of Sale("WQ T&C") located at: https://www.wasteguip.com/terms-conditions-of-sale,as of the date set forth in Section 1(b)of the WQ T&C, which are made a part of this Quote.These WQ T&Cs may be updated from time to time and are available by hard copy upon request. Additional Pricing is based on your anticipated Order prior to the expiration of this Quote, including product specifications,quantities Information and timing.Any differences to your Order may result in different pricing,freight or other costs. Due to volatility in petrochemical,steel and related Product material markets,actual prices and freight,are subject to change.We reserve the right, by providing notice to you at any time before beginning Product manufacturing,to increase the price of the Product(s)to reflect any increase in the cost to us which is due to any factor beyond our control(such as,without limitation,any increase in the costs of labor, materials,or other costs of manufacture or supply). Unless otherwise stated, 8521 FM 850,Tyler,TX,75705 V4�VF WASTEQUIP PHONE:903-405-4475 WQ-10251164 Sourcewell Awarded Contract materials and container sizes indicated on sales literature, invoices, price lists,quotations and delivery tickets are nominal sizes and representations—actual volume, Products and materials are subject to manufacturing and commercial variation and Wastequip's practices,and may vary from nominal sizes and materials.All prices are in US dollars;this Quote may not include all applicable taxes, brokerage fees or duties. If customer is not tax exempt,final tax calculations are subject to change. Special Contract Sourcewell-Pricing&Product offerings are based on the Sourcewell Co-Operative Contract with Wastequip, LLC Information (#040621-WQI,eff.06/02/2021)and such Contract terms&conditions are incorporated herein by reference. Pricing& Product(&related)changes may occur at any time with proper documentation,&subject to Sourcewell approval; therefore,offerings may change without written prior notice.Wastequip Product Limited Warranties, Disclaimers, Limitation of Liability&Remedies,&Limited Warranty Provisions apply to all purchases thereunder. Signatures Accepted By: Company Name: Date: Purchase Order: Please Reference Quote Number on all Purchase Orders DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D EXHIBIT B 040621-WQI Sou rcewel I � Solicitation Number: RFP #040621 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Wastequip Manufacturing Company LLC, 6525 Morrison Blvd., Suite 300, Charlotte, NC 28211 (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. Sourcewell issued a public solicitation for Bulk Solid Waste and Recycling Equipment from which Vendor was awarded a contract. 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 June 2, 2025, unless it is cancelled sooner pursuant to Article 22. 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 14 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. Rev. 10/2020 1 DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D 040621-WQI 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 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. 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 affiliates, 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. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable Rev. 10/2020 2 DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D 040621-WQI 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 any time 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 • 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 Rev. 10/2020 3 DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D 040621-WQI 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 become an amendment to this Contract and be incorporated by reference. 5. 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 participating entities 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, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract. Rev. 10/2020 4 DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D 040621-WQI 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, or other required transaction documentation, 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. 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. D. 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. E. 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. 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. Rev. 10/2020 5 DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D 040621-WQI 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 price to offset the Administrative Fee. The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor's name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Rev. 10/2020 6 DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D 040621-WQI 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. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six 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. B. 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. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. D. 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. E. 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. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern. F. 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 Rev. 10/2020 7 DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D 040621-WQI 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, 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. In no event will Vendor be liable for any loss of use, revenue, or profit, or for any consequential, incidental, indirect, or exemplary damages, whether arising out of breach of contract, tort (including negligence), or otherwise, regardless of whether such damage was foreseeable and whether or not the indemnitee was advised of the possibility of such damages. 12. 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. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: 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. Rev. 10/2020 8 DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D 040621-WQI Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quolity 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. 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. 5. 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. D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. Rev. 10/2020 9 DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D 040621-WQI 14. 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. 15. 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. 16. 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. 17. 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: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Rev. 10/2020 10 DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D 040621-WQI 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. 18. 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 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 Rev. 10/2020 11 DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D 040621-WQI 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. 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. 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. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is Rev. 10/2020 12 DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D 040621-WQI primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. 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/SELF-INSURED RETENTION. 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-insured retention. 19. 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. 20. 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 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. Rev. 10/2020 13 DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D 040621-WQI 21. 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 FIR 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. 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 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. Rev. 10/2020 14 DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D 040621-WQI 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. 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 Rev. 10/2020 15 DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D 040621-WQI 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 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 Rev. 10/2020 16 DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D 040621-WQI 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. 22. 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 Wastequip Manufacturing Company LLC DocuSigned by, DocuSigned bY• E By: COFD2A139D 6489 By, C788877820D1461 . Jeremy Schwartz John Defenbaugh Title: Chief Procurement Officer Title: President-Commercial 5/26/2021 1 2:57 PM CDT 6/2/2021 1 2:32 PM EDT Date: Date: Approved: Ip'D1occuSigned by: 1� Vt� By: 7E42BSF817A64CC... Chad Coauette Title: Executive Director/CEO 6/2/2021 1 1:39 PM CDT Date: Rev. 10/2020 17 DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D RFP 040621 - Bulk Solid Waste and Recycling Equipment Vendor Details Company Name: Wastequip Manufacturing Company LLC Does your company conduct business under any other name?If Wastequip LLC yes, please state: 841 Meacham Road Address: Bid Location Statesville, NC 28677 Contact: Marya Jenkins Email: mjenkins@wastequip.com Phone: 800-424-0422 09587 Fax: 800-424-0422 HST#: 223191624 Submission Details Created On: Thursday February 18,2021 14:24:47 Submitted On: Tuesday April 06,2021 11:17:52 Submitted By: Marya Jenkins Email: mjenkins@wastequip.com Transaction#: 7520c546-beb0-4e2b-9423-af6d89d3f024 Submitter's I Address: 65.158.142.90 Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D Specifications Table 1: Proposer Identity&Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond "N/A" if the question does not apply to you (preferably with an explanation). Line Question Response Item 1 Proposer Legal Name (and Wastequip LLC applicable d/b/a, if any): 2 Proposer Address: 6525 Morrison Blvd, Ste 300 Charlotte, NC 28211 3 jProposer website address: www.wastequip.com 4 Proposer's Authorized John Defenbaugh, President, Commercial Representative (name, title, 6525 Morrison Blvd, Ste 300 address, email address & phone) Charlotte, NC 28211 (The representative must have JDefenbaugh@wastequip.com authority to sign the "Proposer's 704.366.7140 Assurance of Compliance" on 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 Marya Jenkins, Bid/Contract Specialist proposal (name, title, address, 841 Meacham Road email address & phone): Statesville, NC 28677 MJenkins@wastequip.com 800-242-0422 Ext 09587 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 Response Item 7 Provide a brief history of your company, Privately held, Wastequip is the leading North American manufacturer of waste including your company's core values, handling equipment. Headquartered in Charlotte, North Carolina with manufacturing business philosophy, and industry longevity and service facilities throughout North America, the company has over 2,000 related to the requested equipment, products employees across North America. or services. With locations throughout the United States, we serve our customer base on a local level while delivering economies of scale that smaller manufacturers cannot achieve. Since many of our brand companies serve sectors in which it can be difficult and costly to ship products from remote locations, this gives us a distinct advantage over competitors with a smaller footprint. Wastequip was created to consolidate the highly fragmented and regionalized waste equipment manufacturing sector. Our vision was to provide the large and growing base of national haulers with a single source for their waste hauling needs, including standardized equipment, highly durable products, inventory availability, faster delivery and outstanding customer service. Wastequip established an extensive North American manufacturing and service footprint. Over the course of three decades, Wastequip strategically purchased the top companies and best brands — from refuse trucks, to hoists, carts and tarping systems — and united them under the Wastequip name. Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D 8 What are your company's expectations in the As a possible incumbent awardee, Wastequip expects to: event of an award? 1. Continue to increase awareness in the marketplace regarding our Sourcewell contract, our products and services by offering total product purchase solutions using our Sourcewell contract and teaming with other Awarded Sourcewell Vendors. 2. Continue to promote Sourcewell within our existing customer base and expand this offering to newly acquired divisions within Wastequip. 3. Continue to improve upon our dealer networks understanding of Sourcewell and how to utilize our Sourcewell contract to gain the competitive advantage. 4. Continue revenue growth by continuing to gain market share. 9 Demonstrate your financial strength and Please see the attachment labeled: 2. RFP 040621 Wastequip Q9 Financial stability with meaningful data. This could Strength and Stability include such items as financial statements, This attachment includes our 2020 unaudited financials and current bond rating letter. 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 While Wastequip's exact market share information is company confidential and solutions that you are proposing? critical to our strategy for success, we can share more about our market position. Based on our internal estimates, we determined that most of Wastequip's business units enjoy a number one or number two position in the marketplace, including our Steel Group and Galbreath Mobile Group. 11 What is your Canadian market share for the Most of our divisions do a very small amount of business in Canada therefore we solutions that you are proposing? do not track our Canadian market share. 12 Has your business ever petitioned for No bankruptcy protection? If so, explain in detail. 13 How is your organization best described: is b). Wastequip is best described as a manufacturer. 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? 14 If applicable, provide a detailed explanation Wastequip has all requisite permits and licenses to operate in each local facility outlining the licenses and certifications that and service area. While there are no particular national licenses or certifications are both required to be held, and actually required to be held in our industry, Wastequip has implemented QUALITY held, by your organization (including third ASSURANCE PROGRAM built on the same structure as ISO. parties and subcontractors that you use) in 1.The purpose of our Kanban implementation is to produce exactly what the pursuit of the business contemplated by this customer wants, when the customer wants and in the quantity the customer wants. RFP. 2. Our WPS system is a 5 step process for organizing our workplace. This organization establishes a workplace standard/normal condition. It creates a standardized, safe and better working environment. It enables us to work more effectively. It encourages ownership and teamwork and creates visual management tool by enabling quick recognition of abnormalities in order to take actions to return or improve the standard. 2. Wastequip operates facilities that are OSHA compliant. 3. Wastequip products offer full compliance with the following American National Standards Institute (ANSI) Standards to ensure consistent quality: ANSI Z245.30 — 2008 Waste Containers-Safety Requirements and Z245.60-2008 Waste Containers-Compatibility Dimensions ANSI Z245.2-2013 Stationary Compactors and Z245.5-2013 Baling Equipment ANSI Z245.1 Mobile Wastes and Recyclable Materials Collection Wastequip employees from several divisions have or are currently serving on National Waste and Recycling Association committees or subcommittees. 15 Provide all "Suspension or Debarment" None information that has applied to your organization during the past ten years. Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D Table 3: Industry Recognition & Marketplace Success Line Question Response Item 16 Describe any relevant industry awards or 2020 - Nick Wiseman, Wastequip's CHRO, was recognized by the HRO Today recognition that your company has received Association as a 2020 Finalist for the Engagement Strategy Excellence Awards for in the past five years the North America Region. 2019 - Wastequip was recognized by Charlotte Magazine as the Best Company to Work For 2019 - Kristin Kinder, Wastequip's VP of Research and Waste Stream Sustainability, was recognized by Waste360 for 40 Under 40. 2019 - Henry Retamal, Wastequip's President of Operations, was recognized by Waste360 for 40 Under 40. 2018 - Steve Klueg, Wastequip's CFO, was recognized by the Charlotte Business Journal as CFO of the Year. 2018 - Rich Sedory, Wastequip's General Council, was recognized by the Charlotte Business Journal as Outstanding General Counsel of the Year. 2017 - Wastequip was recognized by the Charlotte Business Journal as the Middle Market Leader of the Year 17 What percentage of your sales are to the For the product line being offered in this RFP, over the past three years approx. governmental sector in the past three years 6% of our total sales were to the government sector. 18 What percentage of your sales are to the For the product line being offered in this RFP, over the past three years approx. education sector in the past three years 1% of our total sales were to the education sector. 19 List any state, provincial, or cooperative Sourcewell: National Co-Operative Contract; $9.44 M; $15.2 M; $13.9 M purchasing contracts that you hold. What is Houston Galveston Area Council (HGAC): National Co-Operative Contract; $762K; the annual sales volume for each of these $924K; $1.06 M contracts over the past three years? Texas BuyBoard: National Co-Operative Contract; $944K; $1.48 M; $821 K 20 List any GSA contracts or Standing Offers None at this time. 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 Line Item 21. Supply reference information from three customers who are eligible to be Sourcewell participating entities. Entity Name Contact Name Phone Number City of Huntsville Darrel Luker 936-581-6417 City of Nacogdoches Cary Walker 936-559-2582 Calcasieu Parish LJ Wimberly 337-721-3760 Table 5: Top Five Government or Education Customers 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 1 Scope of Work Size of Transactions Dollar Volume Past Three Province Years CITY OF Government Arizona-AZ Provide refuse equipment Varies $1.72M ALBUQUERQU E CITY OF Government Texas-TX Provide refuse equipment Varies $796K MISSION CITY OF Government Texas-TX Provide refuse equipment Varies $708K HARLINGEN CITY OF Government Utah-UT Provide refuse equipment Varies $525K LOGAN LOWER Government Texas-TX Provide refuse equipment Varies $479K VALLEY WATER DISTRICT Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D Table 6: Ability to Sell and Deliver Service 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 Question Response* Item 23 Sales force. The majority of Wastequip sales are made directly by Wastequip employed Regional Sales Managers (RSM). Our direct Wastequip employed sales network consist of the following: Wastequip Steel Group to include compaction equipment consists of (18) RSM's that cover the continental US, Hawaii, Alaska, and Canada and (8) Customer Services Representatives (CSR) Confab Steel Group consists of (3) RSM's that cover the lower US West Coast and Hawaii and (6) CSR's Galbreath Mobile Group consists of (5) RSM's that cover the continental US and Canada and (3) CSR's Amrep Mobile Hoist Group consists of (5) RSM's that cover the continental US and Canada and (8) CSR's All groups are supported by our Wastequip Bid Team and our Wastequip Call Center Inside Sales Team members. Wastequip also provides product group specific Warranty Teams. Together these team members perform all actions necessary to produce an acceptable level of sales, including, but not limited to: making sales calls necessary to cover territory, assisting with test programs and warranty administration. All dealers and service providers are independent third party contractors and employ their own teams consisting of sales, service and warranty staff. 24 Dealer network or other distribution All Wastequip Groups rely on a wide and geographically diverse independent third methods. party dealer network and service providers who aid in developing new business and provide additional support services to Wastequip. 1. Wastequip/Confab Steel Groups offer approx. fourteen (14) Preferred Dealers who employ sales and service staffs. 2. Galbreath Mobile Group touts a robust dealer network for the cable hoist market consisting of approximately fifty (50) qualified Galbreath dealers located strategically across the US. 3. Amrep Mobile Hoist Group offers a geographically diverse independent third party dealer network consisting of (6) dealers with (11) locations, who aid in developing new business and provide additional support services to Amrep. Wastequip's Amrep division services our customers and dealer network from (5) factory owned locations. Our dealer network and service providers are fully supported by the Wastequip sales, service and warranty teams. 25 Service force. All Wastequip Groups rely on a wide and geographically diverse independent third party dealer network and service providers who aid in developing new business and provide additional support services to Wastequip. Our Wastequip/Confab Group offers a nationwide service provider network of approximately 526 independently owned service provider companies who provide warranty, preventative maintenance, service and repair of equipment. Our Galbreath Mobile Group dealer network also provides warranty, preventative maintenance, service and repair of equipment assistance. All Wastequip Groups employ division specific engineering staff who are available for specific design projects or technical requirements. Our dealer network and service providers are fully supported by the Wastequip sales, service and warranty teams. Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D 26 Describe in detail the process and Wastequip prides itself on superior customer service and has significant experience procedure of your customer service servicing both large and small municipal and privately owned accounts as well as program, if applicable. Include your multi-location organizations. Our extensive customer base demands rigorous, just-in- response-time capabilities and time delivery performance and responsive customer service. Wastequip's Customer commitments, as well as any incentives Service Representative (CSR) handle customer needs prior to, during, and after that help your providers meet your stated orders are placed with our company. Our goal for standard product order entry is to service goals or promises. have customers' orders submitted, entered, and confirmed with ship dates within 48 hours of receiving the Purchase Order. Non-Standard or Special Products go through a similar process that includes engineering, sales drawing submittal for approval, and then from approval on to confirmed ship date. At Wastequip we want all customers to have a great experience with our products — from our first contact with us all the way through product delivery. As such, we have adopted the following customer service credo: Commitment: • We will treat all customers with respect (regardless of size) • We will follow up with customers upon receipt of order to ensure satisfaction • We will resolve any issues quickly Support: • We will provide a dedicated Customer Service Representative (CSR ) for each participating member • We will respond quickly on quotes (same-day response in most cases) • We will provide an order confirmation (within 48 hours in most cases) • We will call customers with shipping & delivery information and provide early notification should there be any issues with orders 27 Describe your ability and willingness to All Wastequip Groups are able to fully serve all 50 states and U.S. Territories provide your products and services to Sourcewell participating entities in the United States. 28 Describe your ability and willingness to All Wastequip Groups are able to fully serve Canadian Provinces provide your products and services to Sourcewell participating entities in Canada. 29 Identify any geographic areas of the United All Wastequip Groups are able to fully serve all 50 states, U.S. territories, and States or Canada that you will NOT be Canadian provinces. fully serving through the proposed contract. 30 Identify any Sourcewell participating entity All Wastequip Groups are able to fully serve all 50 states, U.S. territories, and sectors (i.e., government, education, not-for- Canadian provinces. profit) that you will NOT be fully serving Wastequip's Amrep Mobile Hoist Group currently has a stronger presence in the through the proposed contract. Explain in Western Region of the United States. In 2018 an Eastern production facility was detail. For example, does your company opened in Salisbury N.C. to manufacture for the Eastern market. Since 2018 Amrep have only a regional presence, or do other has been widening its reach and presence in the Central and Eastern U.S. cooperative purchasing contracts limit your Wastequip's Amrep Group intends to maintain the expansion by continually adding ability to promote another contract? support dealers in areas where service facilities are limited. There are no current contracts nor relationships that limit our ability to serve the aforementioned markets. 31 Define any specific contract requirements No specific contract requirements or restrictions would apply. or restrictions that would apply to our Wastequip is able to serve these areas with all of our offered products. We find participating entities in Hawaii and Alaska that the difference in our service involves Ocean Freight, different sized sea and in US Territories. containers (different container quantities than over-the-road semi truck loads), and varying schedules for shipments. The shipments may vary due to restricted passage to these outlying states/territories whose path of shipment may involve extreme seasonal and other weather related issues. We find that these customers are more than aware of the issues surrounding their shipments, and they are most accepting of these differences for shipments. Table 7: Marketing Plan Line Question Response Item Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D 32 Describe your marketing strategy for Please see attached 7. RFP 040621 Wastequip Q32 Marketing Plan Samples promoting this contract opportunity. Upload representative samples of your Within selected media channels, Wastequip will announce its continuing partnership with marketing materials (if applicable) in Sourcewell via a press release or other content delivery form. This will be directed at the document upload section of your those market categories with whom this message and value will resonate. response. Wastequip will advertise via digital and print platforms, including social media outlets, with paid and organic creative. The target audience will include Government buyers in such segments as Public Works and Municipalities, and in such publications as American City and County and/or Government Product News. Our association and partnership with Sourcewell will be prominently displayed at appropriate trade show events. Wastequip participates in a variety of major/national trade shows, as well as having a presence in numerous regional shows and events. We will promote the partnership by incorporating the Sourcewell logo on various show assets (such as banner stands) and literature as appropriate. Wastequip has numerous web properties that promote our value to the markets we serve, and we will include Sourcewell information and possibly a link back to Sourcewell (depending on link feasibility) on our web properties. 33 Describe your use of technology and —CONFIDENTIAL INFORMATION— digital data (e.g., social media, Facebook: Wastequip utilizes both paid and organic posts to promote partnerships, metadata usage) to enhance product release, service offerings, and our dedication to creating and maintaining a marketing effectiveness. sustainable environment. We are able to hone our message and be exacting in who we reach, and our Facebook property allows for interaction with both customers (such as municipalities) and the general consumer. We are able to capture these visits to our page and understand if our messaging is resonating, and then adjust accordingly (if necessary). Linkedln: This platform allows Wastequip to reach specific job titles and companies that have an interest in our product, and also allows us to open the door to new market opportunities and reaching new segments for penetration. Wastequip website properties: Within our websites, we provide the value we offer to the market and answer the question of "Why choose Wastequip." Our sites are segment focused, with a sub focus on product. We are able to capture data on visitors and gain a better understanding of what the market desires and what is important to them when selecting a supplier of products and services. Banner ads: Wastequip tracks site visits and conversions from keywords and banner ads as seen in publications of interest. Email inquiries are tracked through the sales cycle in Salesforce by lead source. Wastequip uses Google Analytics, Pardot tracking, Salesforce reporting, and pay per click data to enhance the effectiveness of our marketing campaigns. The Wastequip YouTube channel allows interested users (customers, consumers) to actually view a variety of products in use. This helps enhance reputation in the market, and broadens our message as being a provider of sustainable, durable, and effective products. Wastequip uses Twitter to share more news oriented content or retweet relevant waste industry news content. 34 In your view, what is Sourcewell's role Wastequip believes the Sourcewell role in promoting the contract is similar to in promoting contracts arising out of Wastequip's'. Based on the success we have enjoyed with Sourcewell for the past 11 this RFP? How will you integrate a years we believe we have a good understanding of and appreciation for Sourcewells' Sourcewell-awarded contract into your promotion of our contract to its member agencies. Wastequip will continue to share the sales process? responsibilities. 1. Networking - In light of the current COVID pandemic and networking opportunity limitations, Wastequip and Sourcewell should share and exchange information in order to help each organization to promote the contract. Our organizations can share newsletters, participate in e-mail networks, or meet at seminars and conferences once open to the public events occur. 2. Multisector Collaborator - Sourcewell and Wastequip should continue to work together to look for ways to expand product offerings based on Sourcewell Member needs, if those needs were not initially included into the RFP. Sourcewell and Wastequip should work together to offer more in depth dealer/distributor network training. By sharing the above listed responsibilities Wastequip's aim is to strengthen the relationship between our Regional Sales Managers with the Sourcewell professional staff. We also look forward to more pro-active marketing of this contract through our Wastequip Marketing team using electronic media, shows and meetings. The Wastequip Bid Department will continue to be a primary conveyor of our partnership with Sourcewell, and include the appropriate logo and data in bid/contract packages as deemed necessary. This will extend the reach of Sourcewell into markets that Sourcewell currently may not serve and aide in bringing awareness to those markets. 35 Are your products or services No, due to the special requirements of the products Wastequip manufactures, our products available through an e-procurement are not currently available for e-procurement to municipal/government entities. ordering process? If so, describe your e-procurement system and how governmental and educational customers have used it. Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D Table 8: Value-Added Attributes Line Question Response Item 36 Describe any product, equipment, Wastequip Steel Group offers specific Sales and Compaction Technical training consisting of maintenance, or operator training the following: programs that you offer to 1. Compaction Sales Training: Training is provided at no charge and consists of basic Sourcewell participating entities. overview of compaction operation and usage. Nine classroom training modules cover Include details, such as whether fundamentals, process, applications, waste flow analysis, equipment types, feeding training is standard or optional, recommendations, electrical requirements, location analysis, site surveys, and available who provides training, and any equipment options. Sales Training can be geared for 1 day or broken into smaller multiple costs that apply. sessions. 2. Compaction Technical Training: Training is a 2-day classroom and hands-on course for service and maintenance personnel of compaction and baler equipment. The course is $350 per student and each attendee receives a service training manual, training competitions certificate and an electric volt meter. The curriculum includes the following: 1. Plant Tour 2. Hydraulics 3. Electrical Theory 4. Hands-on hydraulic and electrical demonstrations 5. Troubleshooting systems 6. Application of classroom knowledge to achieve solutions 7. Guardian Control System 8. ANSI (American National Standards Institute) 9. Lock out / tag out procedures 10. Review of new equipment features 37 Describe any technological Wastequip manufactures a full range of garbage collection, compaction, transportation, and advances that your proposed disposal equipment for residential, commercial, and industrial applications. Wastequip's products or services offer. commitment and continued investment into product innovation will lead to continuous improvement in every phase of waste management. 1. Wastequip has partnered SSAB, a global specialty steel supplier, to develop a high strength roll-off container for the construction and demolition industry. This container incorporates SSAB's Hardox 450 wear plate for better performance and sustainability to withstand the abuse of containers used in these dense waste applications. Wastequip's RockBox containers are twice as strong and last four times as long as standard containers used in these applications. The use of Hardox 450 wear plate and a unique floating body design allows this to be done without increasing the container tear weight. 2. Galbreath Mobile Group provides alternate fuel compatible roll-off hoists to meet the needs of customers desire to operate compressed natural gas (CNG) powered vehicles. Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D 38 Describe any "green" initiatives At Wastequip, we're focused on building a bright future for our employees, our communities, that relate to your company or to and our environment. And our CORE program — reflecting our COrporate REsponsibility your products or services, and commitment to sustainability, diversity and philanthropy — exhibits our dedication to: include a list of the certifying Helping define the future of the waste industry with progressive thinking and leadership agency for each. Developing products with consideration for the environmental impact to future generations Employing a diverse workforce, providing development opportunities and valuing diverse perspectives Continuing to demonstrate social consciousness so our team members and customers are proud to work for or do business with Wastequip As part of the CORE program, Wastequip is committed to creating more sustainable products, processes and facilities, without sacrificing our legendary quality. Future generations are counting on us to create better products, and to do so more responsibly. As a manufacturer, identifying efficiencies in how we source materials and manufacture and distribute our Steel and Galbreath products is among our most environmentally impactful opportunities. Incoming packaging efficiency: For incoming shipments, Wastequip has been standardizing our reusable pallets and containers and implementing circular take-back models with our pallet suppliers. Material efficiency: We reprocess all scraps, cuts, and drops of remaining steel. We actively separate alternative materials (bronze, aluminum, carbon steel) for recycling to aid in processing and reducing costs. Energy efficiency: Across our Steel and Galbreath facilities, we've currently replaced about 15-20% of our welding units with new units that use a quarter to a third less electricity, and about 60% of our steel plants will LED lighting. Distribution efficiency: We're continuously innovating our products. Recently, we've been employing nesting improvements in the distribution of our steel containers, allowing us to nest and ship up to 50% more product on each truckload. Additionally, our employees designed "solar powered" signage in Tyler, TX facility — and many plants and offices are equipped with motion sensing lights, and have been upgraded to use newer LED ballasts to reduce energy consumption and waste. As we have acquired new Steel facilities, we have also replaced welding gas tanks that could be prone to leakage. 39 Identify any third-party issued eco- None for the products offered in this proposal. labels, ratings or certifications that your company has received for the equipment or products included in your Proposal related to energy efficiency or conservation, life-cycle design (cradle-to-cradle), or other green/sustainability factors. 40 Describe any Women or Minority Wastequip nor any of our subsidiaries are considered a Woman or Minority Business Entity Business Entity (WMBE), Small (WMBE) or a Small Business Entity (SBE). Business Entity (SBE), or veteran However, Wastequip is committed to the utilization of disadvantaged entities whenever owned business certifications that possible, and we set out to identify possible use of MWBE's as subcontractors on a case your company or hub partners by case basis in a concerted attempt to meet the encouraged goals of our have obtained. Upload municipal/governmental customers. documentation of certification (as While Wastequip does not possess certification as a disadvantages business, we do seek applicable) in the document to employ and do business with disadvantages businesses. We use a WMBE's or SBE's upload section of your response. to purchase office supplies, work with many disadvantaged businesses to perform work on projects, and are constantly seeking ways in which we may employ or do business with disadvantaged companies in both special projects and daily business. As in many projects, there are several possibilities for use of disadvantaged businesses. We are always prepared to search for specific businesses that may provide the following: 1. Utilization of teaming partners for specific government set aside project opportunities 2 Over-the-road trucking of products to the our municipal/government customers (typically 53 foot trailers) Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D 41 What unique attributes does your 1. The entire Wastequip product line streamlines purchasing for Sourcewell member company, your products, or your agencies. Our product offering includes virtually every possible container and related lifting services offer to Sourcewell equipment need from the residence to the convention center to the city office building to the participating entities? What makes farmers' market. Wastequip offers Sourcewell Members an aggregate waste stream flow for your proposed solutions unique in waste material from waste generation to final waste disposition. your industry as it applies to 2. With the awarded Sourcewell Contract #081716 for Class 67, and 8 Chassis with Sourcewell participating entities? Related Equipment, Accessories, and Services, Wastequip is available to offer Sourcewell Members a Sole Source full product solution transaction as it relates to the Galbreath hoist product line. 3. Galbreath touts many value add items including a full staff of Engineers, including design a group which utilizes the latest 3D modeling software with Dynamic Finite Element Analysis and a full staffed Research and Development group which allow for superior validation processes and ensuring the latest technological developments are being utilized in the design of our products. 4. Other branches of Engineering include Application, to support ensuring the correct product is used for the customer's application, and manufacturing, who in tandem with the OPEX group work towards instituting the best processes which maximize efficiencies and control customer costs. 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 Please see attached: 9. RFP 040621 Wastequip Q42 Warranty for full labor? details. Yes, specific products, parts and labor are covered. 43 Do your warranties impose usage restrictions or Please see attached: 9. RFP 040621 Wastequip Q42 Warranty for full other limitations that adversely affect coverage? details. No, however, all equipment under warranty must be used in accordance with the Owner's manual or guidelines to include preventative maintenance, if required. Wastequip warranties shall not apply to any unit, which has been subject to misuse, misapplication, negligence, alteration or accident. 44 Do your warranties cover the expense of Please see attached: 9. RFP 040621 Wastequip Q42 Warranty for full technicians' travel time and mileage to perform details. warranty repairs? Compaction Products: Yes, Wastequip will reimburse our service providers for their travel time or mileage incurred when performing warranty service. Galbreath Mobile Products: No, Wastequip does not reimburse our service providers as the product is expected to be taken to the service facility for any warranty work. 45 Are there any geographic regions of the United No, Wastequip has service providers located in all 50 states to perform any States or Canada (as applicable) for which you required warranty repairs. cannot provide a certified technician to perform warranty repairs? How will Sourcewell participating entities in these regions be provided service for warranty repair? 46 Will you cover warranty service for items made by Yes, Wastequip will cover warranty service for items made by other other manufacturers that are part of your proposal, manufacturers that are sold with our manufactured equipment. Original or are these warranties issues typically passed on equipment manufacturers warranty will apply and any service needed will be to the original equipment manufacturer? coordinated with OEM. Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D 47 What are your proposed exchange and return Product Return Policy programs and policies? a) All returns must be authorized by Wastequip prior to shipping and acceptance. Product must be returned in the same condition as shipped by Wastequip, which may include original packaging, and Buyer must include a copy of the Invoice with any return. Buyer must complete and return a Warranty Registration Form for some Products, where applicable. Product may not be returned by Buyer to Wastequip after 30 days of Invoice date, without applicable Warranty Registration or proof of purchase or ownership. Go To Parts' supplementary Return Policy can be found by clicking here a hard copy of which is available upon request. If there is any conflict between the Go To Parts Return Policy and the Product Return Policy contained in this Section 5, the terms of the Go To Parts Return Policy shall control. b) A Return Authorization Number must be obtained from Wastequip within five (5) days of receipt of Product and before such Product may be returned for credit. No Product shall be returned to Wastequip without Wastequip's written consent. If any portion of the Product delivered to Buyer are defective or are otherwise not in accordance with contract specifications, Wastequip shall have the right in its discretion either to replace such defective Product or to refund the portion of the purchase Price applicable thereto. Any returned Product shall become the property of Wastequip; Buyer, Buyer's customer or end-user is not authorized to otherwise dispose of, sell or recycle such Product, parts or components. In no event shall Wastequip be liable for the cost of processing, lost profits, injury to goodwill or any other special incidental or consequential damages. c) Buyer is responsible for prepayment of, and all other related freight costs associated with returning Products to Wastequip unless previously agreed to in writing by Wastequip. Buyer is responsible for any missing or damaged Product. Risk of loss or damage to Product shall pass from Buyer to Wastequip upon physical receipt by Wastequip. d) Special order or non-stock items or other Product specified by Wastequip are not eligible for return. e) Any and all Product claimed defective or as a warranty matter must include a written explanation of how the Product was stored, maintained, installed and/or operated, as further described herein. Buyer must complete a Warranty Claim Form, where applicable. f) If, in Wastequip's judgment, a returned Product is not defective or not shipped in error, Wastequip may apply a service charge of 20% and/or a restocking fee up to 20% of the Product purchase price. g) Wastequip reserves the right to dispose of, return to Buyer (at Buyer's cost of freight and related charges), allow Buyer retrieval within seven (7) calendar days, or any other remedy, in Wastequip's discretion, for any attempted Product returns in contravention of the Wastequip Terms. 48 Describe any service contract options for the Wastequip does not offer any service contract options for the items included items included in your proposal. in our proposal. Any service contract option would be provided by an outside third party and be provided at customers expense. Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D Table 10: Payment Terms and Financing Options Line Question Response Item 49 What are your payment terms (e.g., net 10, net 30)? Payment shall be due as stated on the Wastequip Invoice for the Product. All payments shall be made in U.S dollars. Payment Terms are set at Net 30 Days with Approved Credit 50 Describe any leasing or financing options available for use Wastequip makes available financing solutions for state and local by educational or governmental entities. governments through 3rd party financial institutions. Most recently, Wastequip has teamed with NCL Government Capital, an existing Sourcewell Contract holder (#011620-NCL), to offer financing options to Sourcewell Member agencies. Through our financing options Wastequip offers Fixed Interest rates that are based on the credit quality of the governmental entity and terms that are up to 10 years with annual payments in arrears. Additional information can be found by visiting our financing web page at: https://www.wastequip.com/about-us/financing 51 Briefly describe your proposed order process. Include —CONFIDENTIAL INFORMATION— enough detail to support your ability to report quarterly Wastequip utilizes the Salesforce.com CRM system to create sales to Sourcewell as described in the Contract template. accounts, create and enter project opportunities, verify contact For example, indicate whether your dealer network is information, and produce quality and professional quotes. Our CRM included in your response and whether each dealer (or system follows opportunities from creation to closure. some other entity) will process the Sourcewell participating Salesforce.com allows Wastequip to input Sourcewell Member entities' purchase orders. information that flows onto approved Wastequip/Sourcewell logo quotes. By selecting the Wastequip/Sourcewell logo when creating the opportunity immediate notification is sent to the Sourcewell contract point of contact, notifying them of a new quote opportunity for Sourcewell. Every quote created is reviewed and sent through a 3 to 5 channel approval process. Once approved, the quote is sent through the CRM system to the requesting Sourcewell Member. After which, the system tracks the status of the opportunity and provides ongoing updates if information had been changed. Reports are currently automatically generated and forwarded to the Sourcewell contract point of contact every Tuesday morning. At quarter end, a refreshed report is generated listing all Sourcewell opportunities. Opportunities are tracked on the "Stage" basis (Budgetary, Pipeline, Expected, Commit, Pending OE, Closed Won and Closed Lost). Information pertaining to all "Closed Won" opportunities are then uploaded to the Sourcewell provided Sales Reporting spreadsheet for quarterly submission. Wastequip offers Sourcewell Member direct from Wastequip purchases and Sourcewell Member direct from Authorized Wastequip dealer purchases. With Wastequip direct purchases, purchase orders are placed directly with Wastequip and processed and tracked as indicated above. With Sourcewell Member direct from Authorized Wastequip dealer purchases, the Sourcewell Members submits a purchase order directly to our Authorized dealer. Our Wastequip dealer then provides Wastequip with a purchase order for the Sourcewell Member order and the order is processed and tracked as indicated above. 52 Do you accept the P-card procurement and payment Yes, Wastequip accepts P-card and credit card payments with no process? If so, is there any additional cost to Sourcewell additional fees charged. Our preferred method of payment is Wire, participating entities for using this process? ACH, or Check. 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 Response Item Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D 53 Describe your pricing model (e.g., line-item discounts or Wastequip is offering the below product group specific pricing product-category discounts). Provide detailed pricing data models. Each price guide will include a listing of options available (including standard or list pricing and the Sourcewell as upgrades to the base pricing for that specific product line. All discounted price) on all of the items that you want products will be identified by model numbers. Sourcewell to consider as part of your RFP response. If Wastequip Steel Container products are offered on a line item by applicable, provide a SKU for each item in your proposal. manufacturing facility location basis. Pricing document labeled: Upload your pricing materials (if applicable) in the 11. RFP 040621 Wastequip Q53 Wastequip Steel Container Pricing document upload section of your response. Confab Steel Container products are offered on a line item by manufacturing facility location basis. Pricing document labeled: 11. RFP 040621 Wastequip Q53 Confab Steel Container Pricing Wastequip Compaction products are offered on a product catalog basis. Pricing document labeled: 11. RFP 040621 Wastequip Q53 Compaction Pricing Galbreath Mobile products are offered on a product catalog basis. Pricing document labeled: 11. RFP 040621 Wastequip Q53 Galbreath Mobile Pricing Amrep Mobile products are offered on a product line item. Pricing document labeled: 11. RFP 040621 Wastequip Q53 Amrep Mobile Pricing 54 Quantify the pricing discount represented by the pricing Wastequip is offering the below product group specific pricing proposal in this response. For example, if the pricing in discount ranges to Sourcewell Members. your response represents a percentage discount from Wastequip Steel Container Products: Special Market Pricing MSRP or list, state the percentage or percentage range. Confab Steel Container Products: Special Market Pricing Wastequip Compaction Products: 5% to 20% off Catalog List Pricing Galbreath Mobile Products: 5% to 20% off Catalog List Pricing Amrep Mobile Products: Special Market Pricing 55 Describe any quantity or volume discounts or rebate Wastequip may offer discounts off the Sourcewell Member price for programs that you offer. large projects when possible, giving the Member the benefit of making larger purchases and permitting Wastequip the opportunity to be flexible in competitive situations as required. We believe that it will be to both Wastequip's and the Member's advantage for this contract to allow flexibility with larger quantity discounts. As such, we do not feel it is in either of our best interests to set prices for large projects but rather offer discounted pricing based on the details of each such project and per current market conditions at time of request. 56 Propose a method of facilitating "sourced" products or Wastequip is offering the following sourced good solutions: related services, which may be referred to as "open 1. Nonstandard external options or open market items: Wastequip market" items or "nonstandard options". For example, you will offer these items to Sourcewell Members on a Supply Quote may supply such items "at cost" or "at cost plus a basis. Wastequip or Wastequip Authorized Dealer will provide the percentage," or you may supply a quote for each such Sourcewell Member with quote for all items not listed on the request. awarded Sourcewell contract. These items will be sourced at a Cost plus max of 20% basis. These items will not include the 1.5% proposed administrative fee. 2. Sourcewell Member direct purchase form Wastequip: Non- standard Wastequip/Confab Steel Container(s), Compaction Products, and options will be provided at a Price on Request (P.O.R.) basis. The items are listed in the price guides a "Specials". These items manufactured by Wastequip/Confab will include the 1.5% proposed administrative fee. 3. Sourcewell Member direct purchase from Authorized Wastequip Dealer: Non-standard Wastequip/Confab Steel Container(s), Compaction Products, and options will be provided at a Price on Request (P.O.R.) basis. These items will be P.O.R to Sourcewell Member at a Dealer Cost plus max of 20% basis. The items are listed in the price guides a "Specials". These items manufactured by Wastequip/Confab will include the 1.5% proposed administrative fee. Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D 57 Identify any element of the total cost of acquisition that is 1. Installation: Cost of installation, as required, shall be paid by the NOT included in the pricing submitted with your response. end user. Due to the customized nature of our business, each This includes all additional charges associated with a customer's project installation is unique, and therefore, quoted purchase that are not directly identified as freight or individually. Unique installations may include, and are not limited to shipping charges. For example, list costs for items like pre- requirements such as installation of equipment, assembly and delivery inspection, installation, set up, mandatory training, distribution of containers to end users, additional labor for customer or initial inspection. Identify any parties that impose such preferences, etc. This cost will not include the 1.5% Administrative costs and their relationship to the Proposer. Fee. 2. Taxes: Local, State and Federal Sales or Use Taxes or any applicable ferry costs, customs duties, levies and taxes are not included in our proposed pricing models. If required, these items will be added at time of quote. Also, Canadian GST/PST/HST taxes are not included in our proposed pricing models, and are not paid by Wastequip. If required to be paid by Wastequip, then the Member will be required to reimburse Wastequip for these taxes. 3. Surcharges: Steel costs continue their historic rise, with hot rolled steel increasing nearly 150% since September 1, 2020 to the current all-time high. Wastequip has been working closely with our supply chain to help minimize these costs, but our suite of products continue to be impacted directly by the escalating commodity prices. Therefore, Wastequip is including a surcharge option to our RFP proposal. To maintain transparency with Sourcewell Members, this charge, if needed, will be shown as a separate line item at time of quote. This surcharge provides Wastequip the flexibility to adjust product pricing up or down quickly in response to cost increases such as steel and components without having to change customer discount levels established on the contract. 58 If freight, delivery, or shipping is an additional cost to the Wastequip has locations throughout the U.S., which allows us to Sourcewell participating entity, describe in detail the serve our customer base on a local level while delivering complete freight, shipping, and delivery program. economies of scale not possible with smaller manufacturers. With over 24 manufacturing facilities, Wastequip can stock and ship product from around the country to aid in reducing freight costs. Wastequip has extensive import/export experience and an expansive logistics group available to assist Sourcewell Members. Wastequip is able to involve outside logistic companies to participate in shipping by freight hauler/common carrier, subcontracted off-loading, assembly, installation and distribution as required by the Sourcewell Member needs and demands. Wastequip will evaluate each order as a unique opportunity and consider the Sourcewell Members order volume and location. 1. Freight: Cost of shipping/delivery shall be paid by the End User. Calculations of the freight/delivery charges will be based on prevailing rates at the time of quote and included on quote as a separate line item. Sourcewell Member is responsible for offloading equipment at time of delivery unless otherwise noted at time of order. This cost will not include the 1.5% Administrative Fee. 59 Specifically describe freight, shipping, and delivery terms or Wastequip is able to serve these areas with all of our offered programs available for Alaska, Hawaii, Canada, or any products. We find that the difference in our service involves Ocean offshore delivery. Freight, different sized sea containers (different container quantities than over-the-road semi truck loads), and varying schedules for shipments. The shipments may vary due to restricted passage to these outlying states/territories whose path of shipment may involve extreme seasonal and other weather related issues. We find that these customers are more than aware of the issues surrounding their shipments, and they are most accepting of these differences for shipments. 60 Describe any unique distribution and/or delivery methods or The Wastequip/Confab Group is able to ship steel containers from options offered in your proposal. 17 steel manufacturing facilities. Compaction equipment can be shipped from 7 manufacturing/finishing facilities ensuring Wastequip is able to provide the most economical freight rates to our customers. Wastequip/Confab steel slant and flat top containers are nestable meaning one container nests inside another container, therefore saving on freight charges. Our Confab Group also offers a double deck delivery trailer option for delivery in California only. This allows for small steel container to be shipped unstacked, fully assembled and ready to use. Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D Table 12: Pricing Offered Line The Pricing Offered in this Proposal is:* Comments Item 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 Response Item 62 Specifically describe any self-audit process or program that you —CONFIDENTIAL INFORMATION— plan to employ to verify compliance with your proposed Contract Wastequip utilizes the Salesforce.com CRM system to create with Sourcewell. This process includes ensuring that Sourcewell accounts, create and enter project opportunities, verify participating entities obtain the proper pricing, that the Vendor contact information and produce quality and professional reports all sales under the Contract each quarter, and that the quotes. Our CRM system follows opportunities from creation Vendor remits the proper administrative fee to Sourcewell. to closure. Salesforce.com allows Wastequip to input Sourcewell Member information that flows onto approved Wastequip/Sourcewell logo quotes. By selecting the Wastequip/Sourcewell logo when creating the opportunity immediate notification is sent to the Sourcewell contract point of contact, notifying them of a new quote opportunity for Sourcewell. Every quote created is reviewed and sent through a 3 to 5 channel approval process. Once approved, the quote is sent through the CRM system to the requesting Sourcewell Member/Authorized Dealer. After which, the system tracks the status of the opportunity and provides ongoing updates. Reports are currently automatically generated and forwarded to the Sourcewell contract point of contact every Tuesday morning. At quarter end, a refreshed report is generated listing all Sourcewell opportunities. Opportunities are tracked on the "Stage" basis (Budgetary, Pipeline, Expected, Commit, Pending OE, Closed Won and Closed Lost). Information pertaining to all "Closed Won" opportunities are then uploaded to the Sourcewell provided Sales Reporting spreadsheet for quarterly fee submission. 63 Identify a proposed administrative fee that you will pay to Wastequip is proposing a 1.5% administrative fee. Sourcewell for facilitating, managing, and promoting the Sourcewell For Sourcewell Member direct to Wastequip purchases, the Contract in the event that you are awarded a Contract. This fee administration fee will be incorporated in the Sourcewell is typically calculated as a percentage of Vendor's sales under the Member Price. For Sourcewell Member direct purchases Contract or as a per-unit fee; it is not a line-item addition to the through an Authorized Wastequip dealer, the administration Member's cost of goods. (See the RFP and template Contract for fee will be incorporated in the price to the dealer not to the additional details.) Sourcewell Member. Please note that freight, installation, surcharges and other "Total Cost of Acquisition" costs will not include this fee. Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D Table 14A: Depth and Breadth of Offered Equipment Products and Services Line Question Response* Item 64 Provide a detailed description of the 1. Wastequip Steel Container product offering consist of the following: equipment, products, and services that you Environmental Containers are offering in your proposal. Front Load Containers Other Large Containers Other Small Containers Rear Load Containers Receiver Containers Roll Off Containers (Rectangle and Tub) Scrap Bins Self Dumping Hoppers Side Load Containers Container Factory Options 2. Confab Steel Container product offering consist of the following: Front Load Containers Other Large Containers Other Small Containers Rear Load Containers Receiver Containers Roll Off Containers (Rectangle and Tub) Self Dumping Hoppers Side Load Containers Container Factory Options 3. Wastequip Compaction product offering consist of the following: Stationary Compactors Pre-Crusher Compactors Self-Contained Compactors Apartment Compactors Pak-Man Compactors Accu-Pak Compactors Vertical Balers Container Lifters Compaction Factory Options 4. Galbreath Mobile product offering consist of the following: Cable Hoists Hook Hoists Container Delivery Units Trail Hoist Trailers Pup Trailers Roll Off Trailers Tarps Mobile Factory Options 5. Amrep Mobile product offering consist of the following: Cable Hoists Chain Hoists Pup Trailers Transfer/Pull Trailers Tarps Mobile Factory Options Additional product information can be found by visiting our website at www.wastequip.com 65 Within this RFP category there may be Wastequip believes that the following subcategory of solutions should be included: subcategories of solutions. List subcategory 1. Factory Options: Wastequip has included in our price guides additional factory titles that best describe your products and available add on features that are readily available to Sourcewell Members. These services. factory options are enhancers to our standard products. 2. Custom Options: Any custom feature requested by the customer may be provided and will be made available as a "Special' and provided as a Price On Request item. 3. Services: Wastequip can provide additional services to Sourcewell Members. These services may include unloading, assembly, equipment installation, and training. These services will be made available as a "Special' and provided as a Price On Request item. Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D Table 14B: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary. Line Item Category or Type Offered Comments 66 Commercial/Industrial-sized refuse and recycling r: Yes Wastequip's Steel Group containers, roll-off containers and collection bins of r- No manufactures a wide range of front- metal construction load, roll-off, and rear-load containers, as well as self-dumping hoppers for all types of waste and recycling. The division also makes specialty containers for handling sludge, grease, and other tough waste, along with dewatering, vacuum, and intermodal containers. 67 Knuckleboom and grapple loaders r Yes No Bid r: No 68 Hook and hoist dumpster loaders c Yes Wastequip's branded Galbreath r- No Mobile Group products are engineered to withstand the punishment of hauling waste, recyclables, and scrap. The division includes branded products such as Galbreath@ hoists, container handlers, and trailers; Mountain TarpTm and PioneerTM tarping systems. For decades, Amrepg has been meeting our customers' needs by designing durable, high-performing roll- off hoists that minimize weight and maximize payload. At Amrep, we understand that our customers' requirements vary based on application and budget, and we accommodate their needs by offering a variety of roll-off cable hoists. From refuse and construction hauling to product delivery and yard transport, Amrep can help you choose the right product. 69 Roll-off trucks and container handlers r: Yes Wastequip's branded Galbreath r No Mobile Group products are engineered to withstand the punishment of hauling waste, recyclables, and scrap. The division includes branded products such as Galbreath@ hoists, container handlers, and trailers; Mountain TarpTm and PioneerTM tarping systems. 70 Refuse and recyclable material balers and r. Yes Wastequip's Steel Group compactors r- No manufactures Wastequipg-branded compactors and industrial balers. These powerful products withstand the demands of both commercial and industrial use. Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D Table 15: Industry Specific Questions Line Question Response Item 71 If you are awarded a contract, provide a Wastequip will measure our performance of an awarded contract by the following few examples of internal metrics that will methods: be tracked to measure whether you are 1. Comparing a Previous Year to Current Year Sales Analysis having success with the contract. 2. Track and monitor Quote activity 3. Continue to emphasis the value and improtance of the Sourcewell contract during sales meetings/calls 4. Maintain onboard sale training for new associates and refresher training for existing associates. 72 Describe the serviceability of the products All Wastequip Groups rely on a wide and geographically diverse independent third included in your proposal (parts availability, party dealer network and service providers who aid in developing new business and warranty and technical support, etc.). provide additional support services to Wastequip. Our Wastequip/Confab Group offers a nationwide service provider network of approximately 526 independently owned service provider companies who provide warranty, preventative maintenance, service and repair of equipment. Our Galbreath Mobile Group dealer network also provides warranty, preventative maintenance, service and repair of equipment assistance. All Wastequip Groups employ division specific engineering staff who are available for specific design projects or technical requirements. Our dealer network and service providers are fully supported by the Wastequip sales, service and warranty teams. 73 Describe advancements reflected in the 1. Wastequip compactors are equipped with AMS (Automatic Maintenance equipment or products offered in your Scheduler) that notifies you when preventative maintenance is due based on actual proposal, such as safety, longevity or life usage. With AMS you don't have to guess when maintenance is due or try and cycle cost measures. keep track as an indicator light illuminates when maintenance should be scheduled while still allowing you to operate the compactor. The light is reset after maintenance is performed. 2. Wastequip's guided ram system has been incorporated into high cycle compactors. This system suspends the ram off the floor and significantly reduces friction and wear. The use of ultra high molecular weight (UHMW) guide shoes provides a long lasting, low noise, low vibration solution to traditional floor riding rams. The guided ram system extends the life of the equipment and allows Wastequip to offer an industry leading warranty on our self-contained compactors. 3. The incorporation of SSAB high strength steels including Hardox and Strenx in our roll-off containers as well as in high wear areas of other equipment increase life expectancy and decrease maintenance costs. Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D 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 Strength and Stability-2.RFP 040621 Wastequip 09 Financial Strength and Stability.pdf-Monday April 05,2021 14:47:13 • Marketing Plan/Samples-7. RFP 040621 Wastequip 032 Marketing Plan Samples.pdf-Monday April 05,2021 14:52:09 • WMBE/MBE/SBE or Related Certificates (optional) • Warranty Information - 9. RFP 040621 Wastequip 042 Warranty.pdf- Monday April 05, 2021 14:47:25 • Pricing - 11. RFP 040621 Wastequip Price Offerings Zip.zip-Tuesday April 06, 2021 07:05:22 • Upload Additional Document-16RFP0-1.PDF-Tuesday April 06,2021 11:16:00 Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D 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: 1. 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: https://www.treasury.aov/ofac/downloads/sdnlist.pdf-1 2. Included on the government-wide exclusions lists in the United States System for Award Management found at: https://sam.aov/SAM/; or Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID:5B290E55-F705-4D60-A76E-076252BOB96D 3. 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 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. - John Defenbaugh, Commercial President, Wastequip LLC 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 nave reviewed the File Name below addendum and pages attachments(if applicable) Addend um_2_Bulk_Solid_Waste_Equipment_RFP_040621 r 1 Fri February 19 2021 08:07 AM Addend um_1_Bulk_Solid_Waste_Equipment_RFP_040621 r 1 Thu February 18 2021 01:07 PM Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC DocuSign Envelope ID:070ED5F6-B1B5-4C12-AFB3-2AOACDOA33D8 EXHIBIT C CONFLICT 4F INTEREST QUESTIONNAIRE PORM C10 For vendor doing business with Eocai governmental entity This questionnaire reflects changes made io the law by H.B.23,84th Leg., Regular session. ©FFICEUSEONLY 7Ns grvstionnaire h being ailed in accordance with Chapter 176.Lccal Government Code,by a vendor who Date Received has a business relaionshia as defined by section 176_001i1-al with a local governmental entiy and the vendor meets requiremerts under Section 176.006(a). By lay.•tLu questionnaire must be feted with the records administrator of the local govemr enal entity not laser tan the 7th business day after the date the vendor becomes aware of fans that require the statement to be- tifed_ See Section 176_00E fa-1).Local Govemment G>de_ A vendor commits ar.o`fense if the vendor kr ov.-ingly violates Sec'ior 175_006,Local Govemmert ode_.Ar oferise under fiis se:ion is a r-sdemeanor. 1 Name of vendor who has business relationship with local governmental entity_ Wastequip Manufacturing Company LLC 2 ❑ Check this box ityou am filing an update to a previously filed questionnaire-(u he law requires thatyou mle an updated completed questionnaire with the appropriate*:ling authority not Eater than the 7th business day after the date on which you became aavare that the originally fled questionnaire was Incomplete or inaccurate.) 3 Flame of local government offi car about whom the information is being disclosed. Not Applicable Name of Officer ¢ Describe each employment or other business relationship with the local government officer or a family member of the officer,as described by Section 176.002(a)(2)(A).Also describe any family relationship with the local governrnent officer. Complete subparts Aand B for each employment or business relationship described.Attach additional pages to this Form CIO as necessary: A. Is the Kcal government officer or a family member of the officer receiving or likely to receive taxab"e income, other than i r,•estment income.from the vendor? Yes = No B. Is the vendor receiving or likely to receve taxaVe income,other than investment income,fmom Dr at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes � No 5 Describe each employment or business relationship that the vendor named in Section f maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. G Check f-i s bDx if the vendor has given the local govemment officer or a family member of the officer one or mors i;s ❑ as is in section 176.00(a}f2)(B).exc:using gifts described in Section 176.003(a-1). zi DocuSigned by: ?b�� w Bobby Calloway,VP Finance-Steel Oct-11-2022 2racr�922142s... I mg business wrtft e pvernrnenial entry Liaa Form provided by Texas Ethnc Corrmussion wwiv.Gthics.state.tx.us DocuSign Envelope ID:070ED5F6-B1B5-4C12-AFB3-2AOACDOA33DB CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http:lNrww_statutes.legis_state.tx_;s DocsvLGvhtm1(1176.htrn.For easy reference,below are some of the sections cited on this form. Local Govenment Code 1176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to.that agency. Local Government Code§176.003(a)(2)(A)and(B): (a)A local government officer shall file a conflicts disclosure statementwith respect to avendor if: (2) thevendor: (A) has an employment or other business relationship with the local government officer Ora family member of the officer that results in the officer or family member receiving taxable income,other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) acontract between the local governmental entity and vendor has been executed; or (fi) the local governmental entity is considering entering into a contract with the vendor, (B) has given to the local government officer or family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contractwith the vendor_ Local Government Code&17G.00G(a)and fa-1) (a)Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,ora family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding arrf gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity- (a-1) The completed conflict of interest questionnaire must be filedwith 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 (8) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware. (A) of an employment or other business relationship with a local government officer,Ora family member of the officer,described by Subsection(a); (B) that thevendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer_ Form provided txy Texas Ethics Commission a-w&.cthics.state_zx_us Revmed teli-02