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HomeMy WebLinkAboutContract 59938CSC No. 59938 FORT WORTH CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement ("Agreement") is entered into by and between Curbtender, Inc., ("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 091219-CRB); and 4. Exhibit C — Conflict of Interest Questionnaire Exhibits A, B, and C, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the provisions of this Agreement. Total payment made under this Agreement for the first year by City shall not exceed FIVE -HUNDRED SEVENTY-TWO THOUSAND FIFTY-SIX DOLLARS WITH ZERO CENTS ($572,056.00). 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 November 15, 2023. The City shall be able to renew this agreement for one (1) one-year renewal options by written agreement of the parties. Vendor agrees that City shall, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ❑ To CITY: To VENDOR: City of Fort Worth Curbtender, Inc. Attn: Dana Burghdoff, Assistant City Manager Eric D. Guyer 200 Texas Street Fort Worth, TX 76102-6314 Address: 4525 Irving Blvd With copy to Fort Worth City Attorney's Office at Dallas, TX 75247 same address Facsimile: N/A The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Vendor. CITY OF FORT WORTH: Dana 541-ah AC Dana Burghdoff (AugY1, 2023 16:19 CDT) By: Name: Dana Burghdoff Title: Assistant City Manager Date: APPROVAL RECOMMENDED: --7 By: Name: Ricardo Salazar Title: Interim Director, Property Management p444onnnn ATTEST: �boF fORr�°o vim° aNc, O9.Id Pvoa=o Pad*'o *mod By: U Name: Jannette Goodall Title: City Secretary VENDOR: Curbtender, Inc Al��4 By: Name: Moza Fay Title: RSM Date: Aug 11, 2023 CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. T By: Denise Garcia (4 16, 2023 09:52 CDT) Name: Denise Garcia Title: Purchasing Manager APPROVED AS TO FORM AND LEGALITY: By: Name: Jessika Williams/Jeremy Anato- Mensah Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 23-0450 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX HC ewell. iFormerly NJPACURBTENDE 912 ' d Contract 0CRB Quote #: 5778 Reseller: CURBTENDER Customer: Fort Worth Transportation Bill -to Address: SOURCEWELL and Public Works Fort Worth Transportation and Public Works Reseller Phone: 319-266-1721 Customer Phone: Eric Guyer Created By: MOZA FAY Customer Fax: 200 Texas St. Ship -to Address: Email: Fort Worth, TX 76102 CURBTENDER SOURCEWELL United States AMY SIMON 701 PERFORMANCE DR CEDAR FALLS, IA 50613 United States Item Item Description Qty Price Total BRUSH HAWG AWC - 03.23 BH18-74 AWC (2023) AWC Model- 18' L, x 42-74" H Dump Body 1 $130,688 $130,688 SH-74 Swing Tailgate-74" Height 1 $0 $0 AWC MODIFICATION AWC CAB MODIFICATION / SERVICES 1 $0 $0 Cab modification Including under cab steel skid plates, rear cab operator foot wells, rear facing seat, large rear window w/ wiper, overhead windows, prewiring for AWC Conversion, A/C Rear outlet rerouting and delivery of completed chassis to NuLife Municipal Truck in Easley, SC. Shipping to location other than Easley, SC not included. BH-37 AWC Rear Back of Cab A/C - Heat System 1 $0 $0 BH-36 Four Way Adjustable Stabilizers with Strobing Lights 1 $0 $0 BH01-00 G-2224C-01 Standard Boom and Grapple 1 $0 $0 CHASSIS CAB -TO -AXLE 175 MEASUREMENT: CHASSIS FRONT AXLE 12 RATING: CHASSIS REAR AXLE 21 RATING: CC03-BH Joystick Control 1 $9,815 $9,815 CP02-BH Tandem Pump, Hot Shift PTO, Dual Inlet Valve 1 $0 $0 BH03-02 Stabilizer Rubber Pads 1 $967 $967 BH04-02 23 Ton Dual Cylinder Hoist 1 $7,898 $7,898 BH05-03 Electric Tarp System- Aluminum Arms 1 $8,587 $8,587 CL01-BH LED Stop/Tail/Turn/Reverse Lighting 1 $0 $0 CL26-BH Clear LED Front Bumper Dual LED Strobe Lights 1 $1,676 $1,676 CL02-BH No Rear Flashing Warning Lights 1 $0 $0 BH08-01 Dual Boom Mounted Work Lights 1 $971 $971 BH08-02 Dual Underbody Work Lights- Curbside Front Mounted 1 $1,025 $1,025 CS13-BH CURBTENDER CAMERA SYSTEM W/ 7" MONITOR 1 $618 $618 BH06-01 Boom Overhead Alarm & Light 1 $1,810 $1,810 BH06-02 Stabilizers Not Retracted (Up) Alarm and Light 1 $1,810 $1,810 CA29-BH Arm Boom Paint, Yellow 1 $0 $0 CA04-BH Body Paint, Standard (Green or Gloss Black, Specify) 1 $0 $0 CA01-BH Body Protective Under Coating 1 $0 $0 SW04-BH Sourcewell Warranty, 2 Year Standard Parts & Labor, 3 Year 1 $0 $0 Structural CD06-BH Multiple Truck Discount (2-4) 1 ($1,000) ($1,000) CD03-BH Sourcewell Discount 1 ($2,000) ($2,000) Training 1 $1,495 $1,495 Freight 1 $3,950 $3,950 Freightliner Chassis from Premier Truck 1 $122,718 $122,718 To be invoiced by Premier Truck Date Printed: 8/10/2023 Page 1 of 2 CURBTENDER Quote #: 5778 Reseller: CURBTENDER SOURCEWELL Reseller Phone: 319-266-1721 Created By: MOZA FAY Ship -to Address: CURBTENDER SOURCEWELL AMY SIMON 701 PERFORMANCE DR CEDAR FALLS, IA 50613 United States Item Customer: Fort Worth Transportation and Public Works Customer Phone: Customer Fax: Email: Item Description This quote is valid until: 9/10/2023 Sourcewell Formerly NJPA Awarded Contract Contract # 0• Bill -to Address: Fort Worth Transportation and Public Works Eric Guyer 200 Texas St. Fort Worth, TX 76102 United States Qty Price Total Discount: ($5,000) Total: $286,028 MARKET VOLATILITY: DUE TO EXTREME DISRUPTIONS TO SUPPLY CHAIN, RAPID INFLATION, AND GENERAL MARKET VOLATILITY, CURBTENDER RESERVES THE RIGHT TO INCREASE PRICES TO CUSTOMER AS LONG AS NOTIFICATION IS MADE NO LATER THAN 30 DAYS FROM EXPECTED BODY PRODUCTION DATE. IN ANY CASE, CURBTENDER GUARANTIES THAT *IF* A PRICE INCREASE IS NECESSESSARY, IT SHALL NOT EXCEED 5% FROM QUOTED PRICE. SPEC CONFIRMATION: QUOTE IS NOT CONSIDERED FIRM UNTIL IT HAS BEEN SUBMITTED FOR ENGINEERING REVIEW AND APPROVED BY CURBTENDER. Date Printed: 8/10/2023 Page 2 of 2 DocuSign Envelope ID: CAE751 137-AD98-4978-81308-99AMMA848A EXHIBIT B 091219-CRB Sourcewell L a Solicitation Number: RFP#091219 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Curbtender Inc., 701 Performance Dr., Cedar Falls, IA 50613 (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 its members. Participation is open to all levels of governmental entity, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and its Members (Members). �11111110 T,IWSCSI ZIII Ifti%I A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires November 15, 2023, unless it is cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor's product and pricing list. Unless agreed to by the Member in advance, Equipment or Products must be delivered as operational to the Member's site. Rev. 4/2019 DocuSign Envelope ID: CAE751 137-AD98-4978-81308-99AMMA848A 091219-CRB This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. LAWS AND REGULATIONS. All Equipment, Products, or Services must comply fully with applicable federal laws and regulations, and with the laws of the state or province in which the Equipment, Products, or Services are sold. C. 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 Member 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 Member. D. DEALERS AND DISTRIBUTORS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor's authorized Distributors/Dealers 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. Regardless of the payment method chosen by the Member, 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 Member at the time of purchase. When providing pricing quotes to Members, all pricing quoted must reflect a Member'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 Member's requested delivery location. 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 Members. Members reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. Rev. 4/2019 DocuSign Envelope ID: CAE751 137-AD98-4978-81308-99AMMA848A 091219-CRB 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 Member 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 Member. B. SALES TAX. Each Member is responsible for supplying the Vendor with valid tax -exemption certification(s). When ordering, Members must indicate if it is a tax-exempt entity. C. HOT LIST PRICING. At anytime during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line -item format. Equipment, Products, or Services may be added or removed from the Hot List at anytime through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Members. 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) • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will be become an amendment to this Contract and be incorporated by reference. Rev. 4/2019 DocuSign Envelope ID: CAE751 137-AD98-4978-81308-99AMMA848A 091219-CRB 5. MEMBERSHIP, CONTRACT ACCESS, AND MEMBER REQUIREMENTS A. MEMBERSHIP. Membership in Sourcewell is open to public and nonprofit entities across the United States and Canada; such as municipal, state/province, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Members that can legally access the Equipment, Products, or Services under this Contract. A Member'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 Member's use of this Contract is at the Member's sole convenience and Members 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 membership requirements and documentation and will encourage potential members to join Sourcewell. Sourcewell reserves the right to add and remove Members 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 Member policies and procedures, and all applicable laws. 6. MEMBER ORDERING AND PURCHASE ORDERS A. PURCHASE ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, Member 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 Member will issue a purchase order directly to Vendor. Members may use their own forms for purchase orders, but it should clearly note the applicable Sourcewell contract number. Members will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Member. B. ADDITIONAL TERMS AND CONDITIONS. Additional terms and conditions to a purchase order may be negotiated between a Member and Vendor, such as job or industry -specific requirements, legal requirements (such as affirmative action or immigration status requirements), or specific local policy requirements. Any negotiated additional terms and conditions must never be less favorable to the Member than what is contained in Vendor's Proposal. C. PERFORMANCE BOND. If requested by a Member, Vendor will provide a performance bond that meets the requirements set forth in the Member's purchase order. 4 Rev. 4/2019 DocuSign Envelope ID: CAE751 137-AD98-4978-81308-99AMMA848A 091219-CRB D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Member 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 Member and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. E. TERMINATION OF PURCHASE ORDERS. Members may terminate a purchase order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: 1. The Member fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 2. Federal or state laws or regulations prohibit the purchase or change the Member's requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Member. F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Member's purchase order will be determined by the Member 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 Member inquiries; and • Business reviews to Sourcewell and Members, if applicable. B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to members, 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). Rev. 4/2019 DocuSign Envelope ID: CAE751 137-AD98-4978-81308-99AMMA848A 091219-CRB The Report must contain the following fields: • Customer Name (e.g., City of Staples Highway Department); • Customer Physical Street Address; • Customer City; • Customer State; • Customer Zip Code; • Customer Contact Name; • Customer Contact Email Address; • Customer Contact Telephone Number; • Sourcewell Assigned Entity/Member 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 Members. The Vendor will submit a check payable 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 Members under this Contract during each calendar quarter. Payments should note the Sourcewell-assigned contract number in the memo and must be mailed to the address above "Attn: Accounts Receivable." Payments must be received no later than forty-five (45) calendar days after the end of each calendar quarter. Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than thirty (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. 6 Rev. 4/2019 DocuSign Envelope ID: CAE751 137-AD98-4978-81308-99AMMA848A 091219-CRB 10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, master - servant, principal -agent, or any other relationship. 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Members, 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. 12. AUDITS Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor relevant to this Contract for a minimum of six (6) years from the end of this Contract. This clause extends to Members as it relates to business conducted by that Member under this Contract. 13. GOVERNMENT DATA PRACTICES Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. 7 Rev. 4/2019 DocuSign Envelope ID: CAE751 137-AD98-4978-81308-99AMMA848A 091219-CRB If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 14. INTELLECTUAL PROPERTY As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Members against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Members by any person on account of the use of any Equipment or Products by Sourcewell or its Members supplied by Vendor in violation of applicable patent or copyright laws. 15. PUBLICITY, MARKETING, AND ENDORSEMENT A. 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. B. MARKETING. Any direct advertising, marketing, or offers with Members must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. C. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. 16. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. 17. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 18. SEVERABILITY If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the 8 Rev. 4/2019 DocuSign Envelope ID: CAE751 137-AD98-4978-81308-99AMMA848A 091219-CRB remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. 19. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have thirty (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 Members 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 Member order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non -defaulting party may: • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. 1►IZ11!lis 191:L1►144 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: 9 Rev. 4/2019 DocuSign Envelope ID: CAE751 137-AD98-4978-81308-99AMMA848A 091219-CRB 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). 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 broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer). Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers' Compensation, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Liability. During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor's professional services required under this Contract. Minimum Limits: $2,000,000 per claim or event 10 Rev. 4/2019 DocuSign Envelope ID: CAE751 137-AD98-4978-81308-99AMMA848A 091219-CRB $2,000,000 —annual aggregate 6. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data — including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include there will be no cancellation, suspension, non -renewal, or reduction of coverage without thirty (30) days' prior written notice to the Vendor. Upon request, Vendor must provide to Sourcewell copies of applicable policies and endorsements, within ten (10) days of a request. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to name Sourcewell and its Members, 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 endorsements) must further provide that coverage is 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 11 Rev. 4/2019 DocuSign Envelope ID: CAE751 137-AD98-4978-81308-99AMMA848A 091219-CRB maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies). F. SELF -INSURED RETENTIONS. Any self -insured retention in excess of $10,000 is subject to Sourcewell's approval. 21. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid status on all required federal, state, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Members. 22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota, the United States federal government, or any Member. 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 anytime. 23. PROVISIONS FOR NON -UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Members 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. Members 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 12 Rev. 4/2019 DocuSign Envelope ID: CAE751 137-AD98-4978-81308-99AMMA848A 091219-CRB a Member accesses Vendor's Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated herein by reference. 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. 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 13 Rev. 4/2019 DocuSign Envelope ID: CAE751 137-AD98-4978-81308-99AMMA848A 091219-CRB 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 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 14 Rev. 4/2019 DocuSign Envelope ID: CAE751 137-AD98-4978-81308-99AMMA848A 091219-CRB 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 three (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 and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 24. CANCELLATION 15 Rev. 4/2019 DocuSign Envelope ID: CAE751 137-AD98-4978-81308-99AMMA848A 091219-CRB Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon sixty (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. Termination of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to termination. Sourcewell DocuSigned by, " By: �y 5 ' ayfy� COFD2A139DO6489... Jeremy Schwartz Title: Director of Operations & Procurement CPO Date: 11/11/2019 1 4:25 PM CST Approved: /p DocuSigned by, 1N"" 1hN By: 7E42B8F817A64CC... Chad Coauette Title: Executive Director/CEO Date: 11/11/2019 1 6:45 PM CST Rev.4/2019 Curbtender Inc. DocuSigned 6 �+ EOF4EE96by: By' 627624EB... Mark Watje Title: President Date: 11/11/2019 1 4:17 PM CST 16 DocuSign Envelope ID: CAE751 B7-AD98-4978-8B08-99A8D6AA848A RFP 091219 - Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Vendor Details Company Name: Curbtender, Inc. 701 Performance Drive Address: Cedar Falls, IA 50613 Contact: Mark Watje Email: mwatje@curbtender.com Phone: 319-266-1721 302 Fax: 319-266-8207 HST#: 82-2732255 Submission Details Created On: Friday August 16, 2019 14:47:51 Submitted On: Thursday September 12, 2019 16:25:15 Submitted By: Mark Watje Email: mwatje@curbtender.com Transaction #: 9468ec9c-fc5d-43fa-84ec-810fOca89a60 Submitter's IP Address: 24.149.10.27 DocuSign Envelope ID: CAE751B7-AD98-4978-8B08-99A8D6AA848A Specifications Proposer Identity & Authorized Representatives Line Question Response* Item 1 Proposer Legal Name (and applicable Curbtender, Inc. d/b/a, if any): 2 Proposer Address: 701 Performance Dr Cedar Falls, IA 50613 3 Proposer website address: www.curbtender.com 4 Proposer's Authorized Representative Mark Watje (name, title, address, email address & President phone) (The representative must have mwatje@curbtender.com authority to sign the "Proposer's 319.266.1721 x302 Assurance of Compliance' on behalf of the Proposer): 5 Proposer's primary contact for this Mark Watje proposal (name, title, address, email President address & phone): mwatje@curbtender.com 319.266.1721 x302 6 Proposer's other contacts for this Amy Simon proposal, if any (name, title, address, Sales Coordinator email address & phone): asimon@curbtender.com 319.266.1721 x303 Donnie Bain Regional Sales Manager dbain@curbtender.com 319-883-0044 Company Information and Financial Strength Line Item Question Response DocuSign Envelope ID: CAE751B7-AD98-4978-8B08-99A8D6AA848A Provide a brief history of your company, including Curbtender Inc. is a manufacturer of refuse collection vehicles, street sweepers, and leaf your company's core values, business philosophy, collection vehicles based in Cedar Falls, Iowa. Our goal is to produce high performance, and industry longevity related to the requested durable products that offer customers a lower total cost of ownership (TCO). We believe in equipment, products or services. conducting our business with world -class service and respect. The values and goals of our company are influenced by our Midwest agricultural roots. Many of our employees grew up on a family farm or even continue to farm today. As such, we understand that our customers need reliable products with excellent value and innovation to help them get the job done better; just like our family farmers. These values influence every product we design, produce, and sell. Curbtender has a history anchored in the development of the automated side loader. In the 1970s, Wayne Engineering (Curbtender's predecessor) developed the Curbtender product model and its "Power Arm" lifting device. By 1978, the Curbtender was commercially offered and produced. It was the first commercially produced and longest produced automated side loader in the waste industry. The Curbtender gained prominence in the 1990's and early 2000's when Leach private labeled the Curbtender product and sold it through its distributor network. In late 2006, the Watje family gained an ownership position and management oversight of the business. Since that time, the company has introduced a wide variety of new products including large rear loaders, front loaders, several models of street sweepers, and hybrid technologies. In 2017, the Watje family partnered with a multi -billion dollar privately held automotive conglomerate to buy out the majority owners of Wayne Engineering and form Curbtender Inc. The $14M maneuver allowed the company to retire all debt and invest heavily in engineering, sales, and marketing. Since becoming Curbtender, the company has substantially grown its distributor network, invested in a sizable demonstrator fleet, and focused on building turnkey stock truck solutions. Curbtender has over 50 years of history in the Waste Industry, largely defined by automated waste collecting technologies. We firmly believe that the future of our company will be defined by developing all -electric truck platforms to push our industry forward. For nearly 5 years, our company has been researching and developing all -electric garbage trucks. We introduced the first all -electric small rear loader (the Quantum) three years ago in collaboration with BYD. Two years ago we introduced America's first all -electric automated side loader, the HammerPak, also in collaboration with BYD. Both platforms have been extensively demonstrated throughout the US and Canada to showcase the commercial viability of electric trucks in the waste industry. The success of an electric garbage truck is predicated upon its weight and power consumption. As such, Curbtender has focused heavily on developing lightweight body platforms which perform the same amount of work with less power demand. DocuSign Envelope ID: CAE751 137-AD98-4978-81308-99AMMA848A 8 Provide a detailed description of the products and With a total of 41 models offered, Curbtender has one of the largest portfolios of products to services that you are offering in your proposal. offer Sourcewell customers in the waste industry. This includes 5 Front Loader models, 10 Rear Loader models, 12 Manual Side Loader models, and 14 Automated Side Loader models. In addition to its manufactured bodies, Curbtender has partnered with chassis providers to offer select turnkey body/chassis packages for Sourcewell customers. FRONT LOADERS Titan- a heavy duty front loader available in 40 cubic yard and 44 cubic yard variants. Titanium- a lightweight front loader available in 27 and 32 cubic yard variants for limited access applications and a 40 cubic yard variant for traditional applications. Due to lightweight design, this model is ideal for customers bound by restrictive West Coast weight laws. REAR LOADERS Quantum- a nimble residential rear loader available in 6, 8, and 10 cubic yard variants. The Quantum is arguably America's most popular small rear loader thanks to its best -in -class legal payload capacity and fastest hopper cycle time. All three sizes are available for use without a commercial drivers license. Quantum MD- a residential rear loader based on the same design concepts of the Quantum but featuring a larger hopper and offered in 11 and 13 cubic yard variants. The 11 yard size is available for use without a commercial drivers license. Quantum XL- a residential rear loader based on the same design concepts of the Quantum but featuring a larger hopper than the Quantum MD and offered in 16 and 20 cubic yard variants. Fury- a commercial rear loader with a wide variety of lifting device options and offered in a 20 cubic yard capacity. Phoenix- a heavy duty commercial rear loader based on the same design concepts of the Fury but featuring extensive structural upgrades and reinforcements necessary for the toughest applications. Offered in 25 and 32 cubic yard body sizes. MANUAL SIDE LOADERS Pup- a highly maneuverable manual side loader offered in 6 and 7 cubic yard variants and with truck mounted or trailer mounted platform. Thanks to its small design, it's ideal for parks and downtown areas with limited access. All four variants are available for use without a commercial drivers license. TomCat- A manual side loader with loading from either side and available in 8, 12, and 14 cubic yard variants. The 8 and 12 yard sizes are available for use without a commercial drivers license. TomCat ST- A manual side loader based on the Tomcat design, but featuring the ability to satellite transfer its load into the back of a rear loader. This product is ideal for limited access collection in major cities. Available in 6 and 10 cubic yard variants. Both sizes are available for use without a commercial drivers license. TomCat SB- A manual side loader based on the TomCat design, but featuring a split body and tailgate to allow for collection of two different waste streams (such as recycling and waste). Available in 8, 12, and 14 cubic yard variants. The 8 and 12 yard sizes are available for use without a commercial drivers license. VacPak- A 18 cubic yard manual side loader based on the TomCat design, but featuring seasonal leaf collection as its primary purpose. A fan mounts in the hopper while a mechanized vacuum hose and boom mounts to the cart tipper mounting point. The patent pending VacPak is the only leaf collector that can simultaneous collect and pack leaves. Manual loading of yard waste carts and bags can safely occur on the street side of the hopper while the fan is in operation. After leaf season the fan, hose, and boom quickly dismount and convert the truck to a manual side loader for residential trash. AUTOMATED SIDE LOADER AutoCat- A light duty automated side loader intended for rural routes, urban areas, or missed stop collection. Based on the TomCat design platform but utilizes Curbtender's PowerArm for collection. Available in 12, 14, and 18 cubic yard size variants. The 12 yard size can be configured to be operated without a commercial drivers license. HammerPak- A lightweight automated side loader featuring a lower total cost of ownership thanks to a reduction in moving parts, elimination of many wear surfaces by design, and lower power consumption. Available in 18, 24, and 27 cubic yard variants. The HammerPak was uniquely designed to perform efficiently on an all -electric platform. PowerPak- A high performance automated side loader with the industry's highest rated arm capacity, industry's best standard warranty, and 1,000 Ibs per cubic yard compaction rating. Formerly known as the Wayne "Curbtender," the Curbtender "PowerPak" is available in 20, 22, 24, 27, 28, and 31 cubic yard variants. What are your company's expectations in the Curbtender expects to market and sell up to 100 of its refuse truck bodies annually using its event of an award? Sourcewell contract. The contract will be prominently featured in its print, digital, and physical marketing efforts. DocuSign Envelope ID: CAE751 137-AD98-4978-81308-99AMMA848A 10 Demonstrate your financial strength and stability Curbtender is a privately held company and does not public release revenue or profit with meaningful data. This could include such information. The company maintains considerable financial strength and has provided evidence items as financial statements, SEC filings, credit of such in the supporting documents section. Highlights of its financial strength include: 1) and bond ratings, letters of credit, and detailed Total Assets of over $17.8M, 2) Current Assets of over $10.5M, and 3) Long Term Debt of reference letters. Upload supporting documents (as under $2.OM. applicable) in the document upload section of your response. 11 What is your US market share for the solutions In the garbage truck manufacturing industry, market share numbers are estimates only as that you are proposing? there is no central reporting or registration entity. Any reporting that occurs is voluntary and is not audited by a third party for accuracy. As such market share estimates are derived from a mixture of sources including Polk commercial truck registration reports, top private hauler lists published by trade journals, internal research, and other sources of voluntary reporting. Curbtender chooses to focus primarily on municipal customers rather than the Top 3 private haulers (Waste Management, Republic, Waste Connections). These three entities purchase the vast majority of refuse trucks in the waste industry and therefore skew market share numbers. Together they account for over 3,000 purchases annually. The rest of the market fluctuates substantially depending on economic conditions. When purchases from the Top 3 are removed, Curbtender's US & Canadian market share ranges between an estimated 3.5% to 8.3% (depending on overall market size and economic conditions). 12 What is your Canadian market share, if any? In the garbage truck manufacturing industry, market share numbers are estimates only as there is no central reporting or registration entity. Any reporting that occurs is voluntary and is not audited by a third party for accuracy. As such market share estimates are derived from a mixture of sources including Polk commercial truck registration reports, top private hauler lists published by trade journals, internal research, and other sources of voluntary reporting. Curbtender chooses to focus primarily on municipal customers rather than the Top 3 private haulers (Waste Management, Republic, Waste Connections). These three entities purchase the vast majority of refuse trucks in the waste industry and therefore skew market share numbers. Together they account for over 3,000 purchases annually. The rest of the market fluctuates substantially depending on economic conditions. When purchases from the Top 3 are removed, Curbtender's US & Canadian market share ranges between an estimated 3.5% to 8.3% (depending on overall market size and economic conditions). 13 Has your business ever petitioned for bankruptcy Neither Curbtender Inc. nor its predecessor Wayne Industrial Holdings LLC (d/b/a Wayne protection? If so, explain in detail. Engineering) have ever petitioned for bankruptcy protection. 14 How is your organization best described: is it a Curbtender is a manufacturer of truck mounted refuse collection equipment. The company manufacturer, a distributor/dealer/reseller, or a employs a field sales team of 7 individuals providing sales assistance throughout the US and service provider? Answer whichever question Canada. Curbtender also employs four service techs who assist customers primarily through (either a) or b) just below) best applies to your phone, email, and training events. When necessary, our service techs travel to customer organization. locations to assist difficult repairs. a) If your company is best described as a distributor/dealer/reseller (or similar entity), provide Our company primarily sells and services its products through an independent sales and your written authorization to act as a service network. Curbtender's 30+ partners have service capabilities or facilities in over 40 US distributor/dealer/reseller for the manufacturer of states and Canadian provinces. The states with no independent partner are typically lower in the products proposed in this RFP. If applicable, is population and are handled direct. In those situations, we look to partner with the customer's your dealer network independent or company preferred local service entity for warranty repairs. owned? b) If your company is best described as a If awarded a contract, Curbtender intends to administer its contract nationally and directly with manufacturer or service provider, describe your its Sourcewell customers. Our distributor network will assist Curbtender in developing sales relationship with your sales and service force and opportunities and they will provide after -sales support (including performing warranty repairs, with your dealer network in delivering the products stocking parts locally, selling parts locally, etc). and services proposed in this RFP. Are these individuals your employees, or the employees of a third party? 15 If applicable, provide a detailed explanation In order to transfer title of a new vehicle to an end user, Curbtender must possess a Final outlining the licenses and certifications that are Stage Manufacturer License from the State of Iowa. Curbtender applied for this license in both required to be held, and actually held, by 2018 and received it in early 2019. Outside of this license, there are no specific industry your organization (including third parties and licenses or certifications required to conduct business in the garbage truck body manufacturing subcontractors that you use) in pursuit of the business. business contemplated by this RFP. 16 Provide all "Suspension or Disbarment" information None applicable. that has applied to your organization during the past ten years. 17 Within this RFP category there may be Front -load, side -load, rear -load, multi -compartment refuse vehicles, electric powered vehicles. subcategories of solutions. List subcategory titles that best describe your products and services. DocuSign Envelope ID: CAE751B7-AD98-4978-8B08-99A8D6AA848A Industry Recognition & Marketplace Success Line Item Question 18 Describe any relevant industry awards or recognition that your company has received in the past five years 19 What percentage of your sales are to the governmental sector in the past three years 20 What percentage of your sales are to the education sector in the past three years 21 List any state or cooperative purchasing contracts that you hold. What is the annual sales volume for each of these contracts over the past three years? 22 List any GSA contracts that you hold. What is the annual sales volume for each of these contracts over the past three years? References/Testimonials Line Item 23 Response* Curbtender has not received any awards from the National Waste & Recycling Association, nor is it aware of any awards that it gives out which are not individual in nature. Approximately 70% of Curbtender's annual sales are to the governmental sector. The remaining sales are to smaller private haulers. 2% or less of Curbtender's business is in the education sector. When sold to the education sector, it is typically to a college or university. Curbtender recently was awarded a contract with the Virginia Sheriffs Association, however it has yet to go into effect. Curbtender has a contract with the Florida Sheriffs Association. Historically this has yielded —$500,000 of sales volume (bodies only, no chassis). However, the new contract going into effect after October 1, 2019 is expected to yield much higher sales volume as we have added additional products and have added a new distributor in South Florida that utilizes this contract extensively. Curbtender has a contract with HGAC and historically has sold up to $1 M of refuse truck bodies using this contract. However, since the contract is set up specific to refuse truck bodies (without chassis), customers find it very difficult to navigate a truck purchase. As such, its success with our company has been limited. While Curbtender does not have a contract with the State of Arizona, it is partnered with chassis vendors who do. Curbtender has been notified by its chassis partners that it will be awarded up to $2M of refuse truck bodies from the Arizona State Contract in the current fiscal cycle. Curbtender does not have currently have a GSA contract Entity Name * Contact Name * Phone Number* City of Toronto John loannou (416) 396-4841 New York City Parks Jose Hernandez (212) 410-8317 City of Beverly Hills Craig Crowder (310) 285-2484 City of Billings Vaster Wilson (406) 247-8620 City of East Point Charles Moore (404) 270-7140 DocuSign Envelope ID: CAE751 137-AD98-4978-81308-99AMMA848A Top Five Government or Education Customers Line Item 24. 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 / Scope of Work * Size of Transactions * Dollar Volume Past Three Province * Years * Undisclosed Government Texas - TX Built, installed, and sold rear loading Retail price of all bodies and $1,300,000 - Curbtender's refuse truck bodies. (Truck chassis truck chassis, over 3 years invoiced price to reseller for was quoted and sold separately by a exceeded $3,600,000. body only local chassis dealer. As such, that dollar amount is not included in the Orders were approximately dollar volume. Curbtender did not annually, or $1.2M annually. sell direct, so the dollar volume does not include retail markup.) Undisclosed Government NewYork - NY Built, installed, and sold rear loading Retail price of all bodies and $1,000,000 - Curbtender's refuse truck bodies. truck chassis, over 3 years invoiced price to reseller for exceeded $2,640,000. body only (Truck chassis was quoted and sold separately by a local chassis dealer. Orders were approximately As such, that dollar amount is not annually, or $880k annually. included in the dollar volume. Curbtender did not sell direct, so the dollar volume does not include retail markup.) Undisclosed Government Montana - MT Built, installed, and sold automated Retail price of all bodies and $900,000 - Curbtender's side loading refuse truck bodies. truck chassis, over 3 years invoiced price to reseller for exceeded $2,232,000. body only (Truck chassis was quoted and sold separately by a local chassis dealer. Orders were approximately As such, that dollar amount is not annually, or $744k annually. included in the dollar volume. Curbtender did not sell direct, so the dollar volume does not include retail markup.) Undisclosed Government New Mexico - NM Built, installed, and sold automated Retail price of all bodies and $700,000 - Curbtender's side loading refuse truck bodies. truck chassis, over 3 years invoiced price to reseller for exceeded $1,736,000. body only (Truck chassis was quoted and sold separately by a local chassis dealer. Orders were approximately As such, that dollar amount is not annually, or $578k annually. included in the dollar volume. Curbtender did not sell direct, so the dollar volume does not include retail markup.) Undisclosed Government AB - Alberta Built, installed, and sold front loading Retail price of all bodies and $500,000- Curbtender's refuse truck bodies. truck chassis, over 3 years invoiced price to reseller for exceeded $1,370,000. body only (Truck chassis was quoted and sold separately by a local chassis dealer. Orders were approximately As such, that dollar amount is not annually, or $456k annually. included in the dollar volume. Curbtender did not sell direct, so the dollar volume does not include retail markup.) DocuSign Envelope ID: CAE751 137-AD98-4978-81308-99A81D6AA848A Ability to Sell and Deliver Service Nationwide Describe your company's capability to meet the needs of Sourcewell Members across the US, and Canada if 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 Item Response' 25 Sales force. Curbtender employs a sales force of 7 individuals, all of whom are direct employees. Some of the sales members live in their area of responsibility, while others commute via airplane or car to their area of responsibility. These 7 individuals collectively manage sales development in the US and Canada (including remote areas such as Hawaii and Alaska). 26 Dealer network or other distribution methods. Curbtender has over 30 independent sales and service locations providing service to over 40 states or provinces. In some instances a dealer may have multiple physical locations covering multiple states. In other instances they may cover a territory with mobile service units. Curbtender's independent sales and service network is actively growing and we seek to establish at least one entity in each state and territory. To view our network, please follow this link: hftps:Hcurbtender.com/sales/ 27 Service force. Due to the size of Curbtender's independent sales and service network, the company has not needed to employ a large service force. Regardless, the company employs 4 full time trained service technicians. These individuals assist the independent service network in troubleshooting repairs and service training. Our service team also takes direct calls from end -users and assists remotely in repairs. In isolated instances Curbtender is called upon to assist in on -site troubleshooting or repair. All of Curbtender's service support is free to its service partners and end -users; the service department is not a revenue generating business unit. 28 Describe in detail the process and procedure of All of Curbtender's independent sales and service partners are expected to maintain trained your customer service program, if applicable. service technicians on staff in order to be a partner in good standing. Our end -users primarily Include your response -time capabilities and call on the independent partners just for warranty service or service for labor intensive repair commitments, as well as any incentives that help jobs. For regular maintenance and out -of -warranty service, most of Curbtender's customers your providers meet your stated service goals or perform these activities in-house. promises. Curbtender encourages all its partners to maintain spare parts stock related to customer units in their area. Curbtender also sells OEM parts to national part reseller Wastebuilt, which has 10 locations nationally. They maintain an extensive level of Curbtender parts in stock. Between Curbtender's internal stock, its 30 independent service partners stock, and Wastebuilt's stock - customers are able to quickly acquire just about any service part for Curbtender products. 29 Identify any geographic areas of the United Curbtender intends to service all geographic locations of the United States through the States that you will NOT be fully serving through proposed contract. If an end -user does not have a local Curbtender service partner nearby, we the proposed contract. can and will work with their preferred hydraulic or equipment repair shop. 30 Identify any Sourcewell Member sectors (i.e., Curbtender intends to focus its co-operative purchase sales efforts on the Sourcewell contract if government, education, not -for -profit) that you awarded due to its flexibility and preference by customers. As such, sales through H-GAC and will NOT be fully serving through the proposed other state contracts are expected to diminish. Curbtender intends to fully service all interested contract. Explain in detail. For example, does Sourcewell member sectors. x your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? 31 Define any specific contract requirements or There are no contract restrictions or requirements per se. Instead, there are considerations restrictions that would apply to our Members in which Curbtender has expertise in. Most of these considerations revolve around local emissions Hawaii and Alaska and in US Territories. rules, availability of certain types of diesel fuel, and availability of only a few truck chassis service locations. Curbtender sells to such remote areas already and in many cases has high performing sales and service partners in these locations that will assist it in ensuring our end users receive a truck package that meets their local needs. DocuSign Envelope ID: CAE751B7-AD98-4978-8B08-99A8D6AA848A Marketing Plan Line Item Question ' Response* 0 1 32 Describe your marketing strategy for Curbtender will market its contract with Sourcewell in industry publications (such as Waste Advantage promoting this contract opportunity. Magazine), on its website, on brochures, at industry trade shows, through its 7 direct sales people, Upload representative samples of your and through its 30 independent resellers. Additionally, Curbtender will extensively market its marketing materials (if applicable) in the Sourcewell contract digitally online (see next section for more details). document upload section of your response. 33 Describe your use of technology and Curbtender is engaged in a comprehensive digital marketing campaign. The campaign consists of digital data (e.g., social media, metadata social media, persona targeting, behavioral targeting, site re -targeting, and traditional digital marketing usage) to enhance marketing effectiveness. within industry sources. SOCIAL MEDIA Curbtender's sales team and social media manager engage extensively on Linkedln, Instagram, and Facebook. Curbtender corporately posts content at least three times each week. Our sales team re - shares these posts as well as posts their own original content. I believe Curbtender has one of the most effective social media campaigns among its peers. As an example of this, Donnie Bain our Eastern Sales Manager posted a video of our VacPak on Linkedln and had over 22,000 views in less than one week. From that, he received 483 likes, 73 comments, 17 post re -shares, 6 quote requests, 3 demo requests, and one truck sale- all in one week. In 2020, Curbtender plans to enhance its social media campaigns by paying to promote or boost its content. If awarded a Sourcewell contract, it will play a central part in our social media marketing. Additionally, Curbtender pays a professional service to automate our company President's Linkedln network growth. The service sends over 50 Linkedln invites per week with a tailored message and custom follow-up messages up and until the point that the person replies. This network growth is focused 100% on public sector waste industry professionals. PERSONA TARGETING Curbtender pays a marketing firm to engage in persona targeting online. Web users who fit our custom audience segment (including demographics and firmographics like job title and industry) are presented with our banner advertisements. The ads can show up anywhere from industry websites, to ESPN's website, to a phone app game. BEHAVIORAL TARGETING Curbtender pays a marketing firm to engage in behavioral targeting. Web users that use certain keywords or phrases which match our industry and customer identity are presented with banner advertisements through programmatic advertising. SITE RE -TARGETING Curbtender pays a marketing firm to engage in site re -targeting. Essentially, we follow web users that come in/out of our website as well as third party websites like National Waste & Recycling Association, and present them with ads when they navigate to unrelated websites. TRADITIONAL WEB MARKETING Curbtender lists available units on TheHauler.com's truck listing website. Curbtender also engages in periodic advertisements in newsletters, e-blasts, and websites of industry sources. REACH The Persona Targeting, Behavioral Targeting, and Site Re -Targeting yields 2 million impressions annually. Curbtender's Linkedln content can ORGANICALLY reach in the thousands to tens of thousands of views per post. Combined, Curbtender has an incredible ability to advertise a contract with Sourcewell. 34 In your view, what is Sourcewell's role in Sourcewell should focus on increasing its brand awareness among potential customers. I believe a promoting contracts arising out of this great way they can do this is by hosting a session and cocktail/dinner event at Waste Expo, APWA, RFP? How will you integrate a Sourcewell- and the Canadian Waste Expo. In this setting, existing Sourcewell customers and vendors can be awarded contract into your sales process? invited as well as non-Sourcewell customers who are interested in learning more. This networking event would allow government customers to share opinions of how Sourcewell has helped them and encourage further adoption. Outside of activities like that, promotion of a Sourcewell contract should be the responsibility of the contract holder (Curbtender). It will not take much effort to integrate Sourcewell into our sales process. Our sales team and distributors will delight in the opportunity to "speed up" the sales cycle with their customers by presenting our Sourcewell contract. We will make sure it is prominently featured in our sales handouts and that all our sales people and sales partners are trained on how to use Sourcewell to benefit our customers. 35 Are your products or services available Curbtender has an online quote tool that its distributors use for quoting products. If a Sourcewell through an e-procurement ordering contract is awarded, Curbtender plans on having its IT vendor adapt the quote tool so that it can be process? If so, describe your e- publicly used for creating Sourcewell quotes and submitting Sourcewell orders by an end -user. procurement system and how governmental and educational customers have used it. Value -Added Attributes Line Question Response* Item DocuSign Envelope ID: CAE751B7-AD98-4978-8B08-99A8D6AA848A 36 Describe any product, equipment, Curbtender is willing to provide operators and maintenance training to any customer, as is its reseller maintenance, or operator training network. The cost for a two day Operator and Service training event is $4,000 plus reimbursement for programs that you offer to Sourcewell applicable travel, lodging, and per diem meals for the trainer. Members. Include details, such as whether training is standard or Additionally, Curbtender offers its customers the Premier Support Event, a combined training and optional, who provides training, and service event as discussed in the Service Contracts section. any costs that apply. Curbtender creates digital service training aids for customers which show them how to perform a specific repair operation. This is accomplished using a 3D illustration and simulation software that integrates with our CAD engineering system. 37 Describe any technological advances All of Curbtender's automated side loaders are equipped with electronically controlled proportional that your proposed products or hydraulics. This allows the operator to perform smoother arm and gripper operation. It also allows services offer. Curbtender to program "cushions" to reduce speed at certain times, such as before reaching the top or bottom of an arm stroke. As a result, the operator receives improved ergonomics (less shaking of the truck) and the equipment lasts longer because shock is reduced from the system. Curbtender's automated side loaders also perform operation near engine idle RPM speeds. This lowers the fuel consumption of the unit. Curbtender's automated side loaders have multiplexed industrial CANBUS controls. In essence, this greatly reduces the size and complexity of the wiring harness. It also allows our controls system to read a wide range of values from electronic and hydraulic components. Curbtender then takes that information and displays it on a diagnostic screen which aids the service technicians in service trouble shooting. Curbtender's HammerPak automated side loader has a patented hazmat containment system that minimizes the potential for hydraulic oil getting onto the road surface. Where possible, cylinders and hydraulic hoses are contained in trays to prevent dripping onto the ground. The packing cylinder and tailgate cylinder are located on top of the body in a recessed channel. If a leak were to occur there, it flows to a drain port into the body rather than onto the ground. This helps minimize hazardous impacts to the environment. Curbtender has extensively worked with electric vehicle providers and has several years of on -the -road testing with multiple electric refuse trucks. We are pleased to offer as part of this proposal multiple options for electric rear loaders in the 8YD size. Additionally, Curbtender's Titanium and HammerPak have already been optimized for electric vehicles. As viable electric truck platforms become available on the open market, Curbtender will source these vehicles for its relevant Sourcewell customers and package its Quantum rear loader, Titanium front loader, and HammerPak automated side loader with them. These products have been optimized in weight, energy consumption, performance, and electronic programming specifically for electric vehicles. And these technologies have already been road -proven on electric trucks. Curbtender's front loader and automated side loader platforms are very user friendly thanks to enhanced automation controls. With our electronic proportional controls packages (EPC) the operator can pull the joystick back and complete a full "auto -dump cycle" of the cart or dumpster with no additional movements needed. The system remembers where to place the cart or dumpster back down safely. 38 Describe any "green" initiatives that As previously discussed, Curbtender has engineered technologies to minimize hazardous material waste relate to your company or to your in the form of hydraulic oil spills. products or services, and include a list of the certifying agency for each. Curbtender has also been on the forefront of electric vehicle development within the waste industry. This is critical for our industry because the stop -and -go nature of our trucks allows for efficient energy regeneration on the batteries. It is also easier, more economical, and more effective to control emissions on energy production plants than it is on millions of vehicle tailpipes. Not to mention electric vehicles can receive their charge from wind, solar, nuclear, and hydro energy sources. Curbtender firmly believes that all refuse trucks will one day be on electric chassis platforms, but this requires refuse truck manufacturers to re -think how they design their products. Curbtender seeks to challenge the industry and accelerate the adoption timeline of electric refuse trucks. Diesel technologies are still here and will be for many more years. Curbtender has worked diligently to create efficient hydraulic platforms that minimize engine power consumption. This in turn reduces carbon footprint. Curbtender is currently in the process of finalizing an entirely new hydraulic platform that is ultra -efficient and even further improves the fuel efficiency of front loaders and automated side loaders. Curbtender's name for this technology is "XP Hydraulics." We have two beta units in service now and are planning a full release in 2020. As a company, Curbtender seeks to minimize its environmental impact as part of its operations. We recycle all cardboard, plastic, and aluminum waste. We also recycle all steel waste. Curbtender works with specialty disposal companies to safely and properly dispose of all industrial and chemical wastes. Curbtender has also maintained a schedule of regularly testing its waste water holding tanks to ensure no leaks occur. Furthermore, the company has tested the ground for contaminants (including drilling for samples under concrete) to ensure its storage, disposal, and containment programs are working. The company is pleased that no evidence of any kind of hazardous contamination has been found in the soil samples and that its environmental programs are working. Curbtender has also converted all industrial light fixtures and office fixtures to LED type for reduction of energy use. DocuSign Envelope ID: CAE751 137-AD98-4978-81308-99A81D6AA848A 39 Identify any third -party issued eco- Curbtender has not sought nor received any such third -party ratings or certifications. 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 While Curbtender itself does not classify for such certifications, two of its valuable reseller partners Business Entity (WMBE), Small who intend to extensively use our Sourcewell contract are. Business Entity (SBE), or veteran owned business certifications that your Valor Fleet in Indiana is a Veteran Owned Business (State of Indiana) and a Service Disabled Veteran company or hub partners have Owned Business (US SBA). Valor Fleet sells trucks nationally thanks to the sales knowledge of the obtained. Upload documentation of owner, their utilization of cooperative purchase agreements, and their status as a SDVOB. certification (as applicable) in the document upload section of your Sanitation Equipment Corp in New Jersey is managed by Carla lometti and she is also part owner. response. Carla and her customers have extensively requested to purchase Curbtender products through Sourcewell. 41 What unique attributes does your As a company, Curbtender prides itself in creating solutions for its customers. As a result, over the company, your products, or your years Curbtender has developed a wide variety of specialty products to compliment its mainstream services offer to Sourcewell Members? products. There are several products which Curbtender is a sole source provider of, such as its trailer What makes your proposed solutions mounted or truck mounted Pup side loader for Parks and its lightweight Titanium 27 cubic yard front unique in your industry as it applies loader which can traverse limited access areas like urban centers and mountainous regions. Customers to Sourcewell members? know that when a different OEM can't figure out how to build a special truck, Curbtender can. Curbtender's PowerPak automated side loader has one of the most durable automated arms in the waste industry. That is why it is the only truck with a standard 5 year arm warranty. The arm is so durable because it has been refined over the past 41 years and is robotically welded for perfect weld penetration and structural integrity. It is also structurally rated for lifting up to 2,000 lbs. This makes it the preferred automated truck for customers who use collect 300 gallon and 450 gallon residential containers. The Curbtender PowerPak automated side loader has a "no kick -out" arm dump geometry which allows it to operate in tight alley collection without risk of damaging property. The HammerPak automated side loader is the lightest weight ASL in the US, allowing it to carry a better legal payload in restrictive bridge law areas like California. The HammerPak was also designed with a curved, tubbed hopper so that it can better perform in organic waste collection environments. These routes have much more water content and must prevent water from splashing around out of the body. As such, the tubbed body and hopper design of the HammerPak makes it idea for organic collection (which is growing quickly in popularity in Canada and the Western US). Curbtender's Titan front loader can be equipped with the optional "Cardboard Package." This configuration increases the packing forces and structural reinforcement of the body. The result is the ability to increase cardboard loads by up to 50%. With cardboard commodity prices being low, this is especially valuable to our customers to assist in maximizing their payload capacity and efficient operation. Curbtender's Titan front loader can be equipped with our patented 3 Piece Bolt Together arms. Front loader arms are extremely large, bulky, heavy, and expensive. They also get damaged or bent in normal operation and with vehicle accidents. Replacing an entire arm is extremely expensive, as is the freight to ship it. Curbtender's 3 Piece Bolt Together arm can be replaced in just segment and affordably shipped on a pallet. Curbtender's TomCat series of manual side loaders is the most extensive and adaptable line of small manual side loaders in the industry. It can perform satellite transfer of waste into larger rear loaders in urban areas like New York City, or split body for performing dual waste stream collection. It also comes in the most body capacity sizes in its class. The Quantum rear loader is argued to be America's most popular small rear loader. This is because it has the fastest cycle time on its packing mechanism, has the best legal payload, packs a great load, and has a large hopper width to allow collection of commercial containers even in a small body size. Its patented packing mechanism makes it uniquely different and better than its competitors. In summary, Curbtender does not offer its customers products. It offers solutions. We are a company that prides itself in providing high quality, durable products with industry leading total cost of ownership. 42 Identify your ability and willingness to Curbtender has several authorized sales and service partners throughout Canada. Historically, a large provide your products and services to portion of Curbtender's sales have been in Canada despite the exchange rate issues. Curbtender has Sourcewell member agencies in hundreds of installed automated side loader units in the Toronto area. But its products can also be Canada. found in remote First Nations villages in the norther stretches of the country. Curbtender and its third party network are very experienced and effective at servicing its Canadian customers. This includes being partnered with French speaking partners and entities who are capable of mounting our refuse bodies themselves in order to minimize shipping costs to the customer. DocuSign Envelope ID: CAE751B7-AD98-4978-8B08-99A8D6AA848A 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 43 Do your warranties cover all products, parts, and labor? All products sold by Curbtender maintain a parts and labor warranty, as well as warranty on service parts. Curbtender has created a standard 2 year base warranty for all of its products, exclusively for Sourcewell customers. The standard base warranty for non-Sourcewell customers is 1 year. Additionally, the PowerPak automated side loader comes standard with the "Premier Standard Warranty" which is 5 years arm structure, 5 years body structure, and 5 years operational electronics. The Premier Standard Warranty works in conjunction with the 2 year parts and labor warranty. This is the industry's best standard warranty on an automated side loader. After the two years base parts and labor warranty is expired, the following three years warranty is parts OR labor reimbursement for operational electronics, arm structure, and body structure. The warranty on service parts is 90 days and does not include labor cost of replacement. 44 Do your warranties impose usage restrictions or other All restrictions are stated in our warranty statement documents, as listed in the limitations that adversely affect coverage? document upload section. Generally speaking, the unit must be serviced regularly according to manufacturer's recommendations and warranty requests must follow the established procedures. Curbtender's warranty does not extend to consumable "wear parts" such as bearings, bushings, filters, steel liners, guide shoes, belts, pins, hydraulic oil, etc. The PowerPak's 5 year arm structural warranty is restricted to 1,300,000 arm cycles (or 260,000 arm cycles per calendar year calculated at a rate of 1,000 arm cycles per working day). 45 Do your warranties cover the expense of technicians' Curbtender's warranty does not cover travel time, mileage, or troubleshooting time. travel time and mileage to perform warranty repairs? 46 Are there any geographic regions of the United States Curbtender's in-house service technicians are the "last line of defense" for warranty (and Canada, if applicable) for which you cannot provide repairs. Typically the repairs will be performed by the nearest local Curbtender sales a certified technician to perform warranty repairs? How and service partner, or the end -user's service department, or a qualified local will Sourcewell Members in these regions be provided hydraulic/equipment repair shop. Curbtender's factory service techs work with any and service for warranty repair? all of these entities remotely by providing troubleshooting expertise. On -site factory direct warranty repair support is rarely required, but is available if necessary in all 50 US states and 10 Canadian provinces. 47 Will you cover warranty service for items made by other manufacturers that are part of your proposal, or are these warranties issues typically passed on to the original equipment manufacturer? Curbtender manages the warranty for its vendor supplied body components such as pumps, PTOs, cylinders, valves, and electronics. Curbtender may require the customer to send faulty parts in for analysis prior to warranty reimbursement being finalized. Curbtender does not handle any chassis or chassis component warranties- these are performed as standard by the applicable truck chassis dealerships. 48 What are your proposed exchange and return programs Unused service parts may be returned or exchanged within the 90 day warranty and policies? period, subject to a 20% restocking fee. The restocking fee will be waived if the part was unneeded for a repair and had been ordered at the recommendation of a factory service tech. 49 Describe any service contract options for the items Curbtender's Premier Support Plan offers onsite unit health inspection & service included in your proposal. training" for a flat fee of $10,000 per event. This annually renewable service option includes sending a factory service technician to the end -user's location for 4 days to conduct a service training session for up to 5 technicians and perform a comprehensive unit health assessment on up to 5 Curbtender units. As part of that assessment Curbtender will check that all hydraulic pressures meet factory expectations, will ensure all mechanical and electronic settings meet factory recommendations, test the hydraulic oil, and perform a thorough physical and functional inspection. If necessary (and possible), certain repairs or preventative maintenance may be performed onsite during the visit (charged separately as necessary if non -warranty). Customers who purchase this service option qualify for a one year extension to their base unit warranty if conducted in the first year of unit service. See related documents in the uploaded files. DocuSign Envelope ID: CAE751B7-AD98-4978-8B08-99A8D6AA848A Payment Terms and Financing Options Line Item Question Response 50 What are your payment terms (e.g., net 10, net 30)? Curbtender's payment terms are net 30 for customers located in the continental US. For all others, the terms are still net 30 from time of invoice but the unit will not be released for transport until it has been paid. 51 Do you provide leasing or financing options, especially those Curbtender offers financing to its customers in partnership with Alliance options that schools and governmental entities may need to use Funding Group. AFG specializes in municipal financing and leases, with in order to make certain acquisitions? extensive experience in the refuse industry. https://alliancefunding.com/state- local-government/ Together, AFG and Curbtender are able to offer a wide variety of affordable municipal finance products. The exact rates, payment amounts, and finance structure varies widely depending on the needs of the customer (length of plan, type of lease, desired residual values, etc). The exact rate is further determined by a municipal customer scorecard. 52 Briefly describe your proposed order process. Include enough detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template. For example, indicate whether your dealer network is included in your response and whether each dealer (or some other entity) will process the Sourcewell Members' purchase orders. Curbtender intends to sell directly to its Sourcewell customers. This process is in collaboration with its resellers and not in competition with them. This encourages better cooperation and increased sales efforts. However, the customer benefits from controlled standardized pricing which is then further discounted to Sourcewell members. Furthermore, Curbtender is enhancing its warranty offering by providing Sourcewell customers with a 2 year standard warranty at no charge. (Standard for non-Sourcewell customers is 1 year). All of Curbtender's resellers have digital access to its online Quote Configurator platform. The Sourcewell discount is an included option in each model's configurator file. Furthermore, the configurator features rules and logic to guide the quote process and build a truck that functions properly. The included Option Guides submitted are merely simplified versions of our online portal which has the various automatic rules and logic removed. As such, every reseller has the ability to accurately and consistently quote any customer in the same manner that Curbtender would. Curbtender will work with its IT provider to see if a customer portal can be created which would allow Sourcewell customers to directly access our Quote Configurator and build out their preferred unit with applicable Sourcewell discounts. Curbtender's reseller network has also agreed to work with Curbtender's proposal, including negotiated pricing and direct/centralized invoicing of purchased trucks. They have further agreed to participate in promoting the contract and servicing Sourcewell customers. Evidence of this support is included in the upload section. It should be noted that local motor vehicle rules and restrictions may apply in certain areas which restrict Curbtender's ability to sell a turnkey chassis product directly to a customer. In such instances, Curbtender will use its Iowa Dealer License to dealer transfer the unit to a local chassis or body dealer for invoicing to the customer. However, these instances are expected to be limited and Curbtender will still be responsible for quoting to the customer and remitting the administrative fee to Sourcewell. 53 Do you accept the P-card procurement and payment process? If IYes, Curbtender can accept P-card payments for refuse trucks and bodies. so, is there any additional cost to Sourcewell Members for using However, such transactions will incur a 3% service fee. this process? Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. Line Question Item ^ME� 54 Describe your pricing model (e.g., line -item discounts or product - category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell discounted price) on all of the items that you want Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal. Upload your pricing materials (if applicable) in the document upload section of your response. Response* Curbtender has a manufacturer's suggested retail price model. Curbtender's authorized resellers are allowed on a normal basis to sell above MSRP to private and governmental customers. However, within the context of our Sourcewell proposal the price control is removed from the reseller and the MSRP becomes standardized, published, and accessible to all customers. Furthermore, Sourcewell customers qualify for a product model specific line - item discount. The discount amounts are included in the pricing submitted in the document upload. Additionally, Sourcewell customers can combine their discount with other published discount programs that Curbtender employs. Together they form a very competitive price point which is not available to other Curbtender customers through standard means. DocuSign Envelope ID: CAE751 137-AD98-4978-81308-99AMMA,848A 55 Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from MSRP or list, state the percentage or percentage range. 56 Describe any quantity or volume discounts or rebate programs that you offer. 57 Propose a method of facilitating "sourced" products or related services, which may be referred to as "open market" items or "nonstandard options'. For example, you may supply such items "at cost" or "at cost plus a percentage," or you may supply a quote for each such request. 58 Identify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response. This includes all additional charges associated with a purchase that are not directly identified as freight or shipping charges. For example, list costs for items like pre -delivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. 59 If freight, delivery, or shipping is an additional cost to the Sourcewell Member, describe in detail the complete freight, shipping, and delivery program. Curbtender's Sourcewell discount is not established as a set percentage. Instead, the amount is a set dollar value discount specific to each product model line. The Sourcewell customer discount is specifically outlined in our submitted pricing lists. Within the Rear Loader category, the average of Sourcewell customer discounts equals 4.6%. Within the Front Loader category, the average of Sourcewell customer discounts equals 2.4%. Within the Manual Side Loaders category, the average of Sourcewell customer discounts equals 3.6%. Within the Automated Side Loader category, the average of all model specific discounts is 3.2%. Each product that Curbtender is proposing has specific dollar amount discounts for volume purchases and repeat customer purchases. This is listed in our price guides as part of our discount program. There are three types of volume discount: 2-4 trucks, 5-10 trucks, and 11 trucks or more. The applicable volume discount can be combined with the repeat customer discount and the Sourcewell customer discount. The amount of Sourcewell specific discount ranges from $1,600 to $5,000, depending on model. The amount of repeat customer discount ranges from $600 to $2,300 depending on model. The amount of volume discount ranges from $800 to $5,400 depending on body model and volume. Customers often have preferences for various equipment, electronics, and other add-ons. When "open market" items are requested by Sourcewell customers, Curbtender will use its purchasing power as an OEM to procure the item at OEM rates. Curbtender will then utilize a sliding scale "cost plus percentage" markup depending on the option/product. For items $0 - $100: 50% For items $101 - $500: 35% For items $501 - $1,000: 30% For items $1,001 - $5,000: 25% For items $5,001 - $10,000: 20% For items $10,001 - $30,000: 15% For items $30,001 - $60,000: 10% For items $60,001 or more: 6% Curbtender intends to use the "sourced" products method to procure truck chassis on the "Open Market" that Sourcewell customers desire to mate with Curbtender's refuse bodies. While Curbtender is proposing a select group of turn key solutions with body and chassis offered together, it is impossible to offer every selection a customer may desire. So the open market sourcing is an important tool for Curbtender in offering enhanced turn key offerings to its customers. Curbtender does not impose any "dealership fees" such as document fee, PDI, inspection, etc. The only elements of the total cost not included in the proposed pricing are applicable taxes, freight, licensing, and extra options/products the customer may want (from components to chassis to training). Curbtender will work with the customer to determine and remit the appropriate taxes. Curbtender will work with the customer to receive competitive freight. Curbtender will work with the customer to get discounts on any open market items that may be necessary. Curbtender works with a variety of freight brokers and delivery services. At time of order receipt, Curbtender will provide the customer with the best freight quote it can receive for their planning purposes. If production and delivery is more than 90 days from receipt of order, the freight will be re - quoted closer to the actual delivery. The customer always has the choice to use a different service or have Curbtender work with their preferred service provider. The freight charge will then be listed on final unit invoice if the customer uses Curbtender's selected freight option. Curbtender also has 8 employees with Commercials Drivers Licenses. Based upon availability, these employees are able to perform "drive out services" for customer units which do not require a flat bed or RGN trailer to transport. When company drivers are utilized, Curbtender charges 10% less than the best 3rd party drive away service rate it can find for that route. DocuSign Envelope ID: CAE751B7-AD98-4978-8B08-99A8D6AA848A 60 Specifically describe freight, shipping, and delivery terms or For most Canadian customers, their freight program is no different from the programs available for Alaska, Hawaii, Canada, or any offshore continental US. However, Canada's Northern Territories as well Alaska, delivery. Hawaii, and US island territories require the use of brokered third party transportation. There are many third party providers of such services and Curbtender regularly works with several sea freight entities. Freight for the customers described will be charged at cost plus 5%. 61 Describe any unique distribution and/or delivery methods or options offered in your proposal. Pricing Offered Line The Pricing Offered in this Proposal is: Item Customers who live in Canada, Alaska, Hawaii, and US Islands are required to pay for their unit prior to departure from Curbtender's factory. Depending on their location, customers who are seeking to purchase multiple rear load or manual side load units from Curbtender may be able to take advantage of having their units installed by their nearest Curbtender sales & service partner. Many of Curbtender's partners have mounting capabilities for these products. By utilizing their capabilities, 2-3 units can be transported on a flatbed trailer at a time. This has the potential to save the customer several thousands of dollars on freight depending on the amount of units ordered and distance traveled. Curbtender would then provide its trained partner with its portion of the installation charge and allow them to handle the integration. The customer would not have to worry about receiving separate invoices from different entities as Curbtender would pay its service partner directly for the installation. Curbtender has trained "upfitters" in nearly all regions of the US and Canada. 62 c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. Audit and Administrative Fee Line ' Item Question 63 Specifically describe any self -audit process or program that you plan to employ to verify compliance with your proposed Contract with Sourcewell. This process includes ensuring that Sourcewell Members obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to Sourcewell. 64 Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per -unit fee; it is not a line -item addition to the Member's cost of goods. (See the RFP and template Contract for additional details.) Industry Specific Questions Line Item Question Response* Response* Comments In addition to the established Sourcewell dollar amount discounts applicable for each product model, the customer can combine with the published volume discount and repeat customer discount (if applicable). ■ Curbtender is able to ensure that all customers receive the correct pricing because it will be responsible for direct invoicing to its customers. Furthermore, the Sourcewell discount is selectable option within Curbtender's Quote Configuration tool. When selected, it generates an option code that follows the unit from quote, order, build, and invoice. This allows Curbtender's Sales Manager and Controller to effectively audit all Sourcewell deals and ensure timely and accurate payment of the administrative fee. Curbtender will train its internal sales network and external sales network on its Sourcewell contract. Internally, we will regularly review the Sourcewell quote, order, and invoice activities. Our sales coordinator will have copies of all option guides proposed to Sourcewell and will ensure that each quoted and submitted order adheres to the submitted materials. For Curbtender's refuse bodies and attachments, Curbtender proposes to pay Sourcewell a 3% administrative fee. In the event that a Sourcewell customer procures truck chassis from Curbtender as part of its turn key product package or an open market sourcing, Curbtender proposes paying a 1.5% administrative fee. DocuSign Envelope ID: CAE751B7-AD98-4978-8B08-99A8D6AA848A 65 If you are awarded a contract, provide a few We will actively monitor quote activity and sales activity. Given that all quotes will be generated examples of internal metrics that will be tracked in our online Quote Configurator tool, we will have instant visibility to all Sourcewell quotes to measure whether you are having success whether generated by our staff or our independent resellers. Orders will also have a specific with the contract. option code for the Sourcewell discount, which allows us to accurately track, monitor, and report Sourcewell orders. Curbtender will also be marketing its Sourcewell contract digitally as previously described in the marketing plan. Sourcewell specific banner ads will be linked to landing pages that display and explain our Sourcewell contract. Using website analytics, we can track click through rates, time spent on site, territory of user, and IP address. After they leave our Sourcewell landing page, we can further "remarket" them through banner ads as they browse other websites. 66 If your proposal does not include the chassis Curbtender's offer includes several chassis options on several body options as a turnkey as a turnkey solution, propose, in detail, the solution. These roughly match regular chassis ordering and stocking that Curbtender is doing process you or your dealer will follow to assist with its chassis partners. However, it is impossible to anticipate and propose a "turnkey the Sourcewell member to acquire the chassis. solution" for every customer, in every application, and with every chassis. As such, Curbtender intends on sourcing chassis through open market options in order to provide additional turnkey options to its customers throughout the term of its Sourcewell contract. Curbtender has strong chassis relationships with Autocar, Ford, Freightliner, International, Isuzu, Mack and Peterbilt dealers. These chassis dealers are regularly ordering and stocking chassis for Curbtender and have expertise in the refuse segment. Using our Iowa Final Stage Manufacturer's License, we are able to sell the end -user an entire body and chassis package and appropriately transfer title to them. Curbtender is the only Iowa refuse truck manufacturer (of three located in Iowa) which holds this license. This is evidenced in the document upload section which shows all license holders in the State of Iowa for this license type. This gives Curbtender the ability to better serve its Sourcewell customers in directly providing turnkey solutions whether it's with a chassis option submitted with this proposal or an open market sourced truck chassis. 67 Explain key designs or processes your Curbtender utilizes and follows ANSI, DOT, and FMVSS standards during the design and company takes to provide and promote safe manufacture of its products. Furthermore, all our products are 100% designed in our CAD operation of your equipment. engineering software and 100% documented from design to manufacture to sale in its Enterprise Resource Planning software. This allows us to track individual components that were tied to individual customer orders. As a result, Curbtender can more appropriately service its customers in the event of an OEM or vendor recall or service alert. Curbtender has modeled weight distribution, axle utilization, center of gravity, and roll stability for all its models. It additionally reviews weight distribution and chassis integration information prior to building the unit to ensure safe operation. All units are thoroughly supported by service documentation, safety procedures, and safety warnings (on truck and in manual). 68 Explain how your equipment in this category Curbtender's agrarian roots are visible in its designs as we seek to create durable products reduces down -time for the purchasing entity. with better up -time. Automated Side Loaders in particular are subject to some of the most down time in this segment due to their complexity. With over 40 years of experience building automated side loaders, Curbtender has learned how to build a "bullet proof body" and "bullet proof arm." This is why the PowerPak comes standard with an industry best 5 year standard arm structure warranty and 5 year body structure warranty. Due to our unique arm design and robotically welded construction, we are able to keep the arm itself in service longer than its competitors. If you look through a copy of "The Hauler Magazine" you will find parts and service providers advertising rebuilt New Way and Labrie arms, but you wont find any advertisements for Curbtender PowerPak arms. That's because the Curbtender PowerPak arm lasts the life of the truck. Whereas, the arm style utilized by New Way and Labrie (they a common design concept) must be rebuilt between 2 and 3 years of service. With the arm being the most critical portion of the automated side loader, it is important to have one that can withstand the cycle counts and abuse like the PowerPak arm. 69 Describe how the equipment you propose Curbtender's various automated side loader and front loader platforms either are standard simplifies the operation for end -users. equipped or can be optionally equipped with electronic proportional controls. This controls package allows the operator to perform arm functions more simply. For example, once a user grips a cart with the PowerPak they simply pull the joystick to the 7 O'Clock position and it will automatically bring the cart inward, upward, then dump in the hopper, and after an appropriate pause period it will lower the cart back onto the ground and release the grasp of the grippers. The joystick also has buttons on the head of the handle to allow quick access to features like "Initiate Pack Cycle" and "Cart Shake." The Cart Shake feature, when clicked, triple shakes the can in the hopper to loosen cardboard and other clogged debris. These are just a few examples of the many ways Curbtender seeks to improve operation for its end -users. DocuSign Envelope ID: CAE751 137-AD98-4978-81308-99AMMA848A 70 71 72 Provide examples from your product offering Titanium: The only front loader with a sumped trough in the center which allows liquid to that are unique in the industry. funnel down low and prevent it from splashing during braking moments. Furthermore, its tailgate "droops" lower to provide additional water sump capabilities in the tailgate. These features are 100% unique to Curbtender and the Titanium. Pup: The only small side loader that has a "tubbed design" and full body height ejector/compactor panel. This aids it as it collects wet trash contained in barrels at parks and community locations. Pup: Only manual side loader that can be mounted on a trailer or a small truck and powered by a truck or its own engine. Quantum: The only US rear loader with pivoting "swing and sweep" panels instead of "sweep and slide" panels. This patented feature is what allows the Quantum rear load hopper to be smaller and lighter weight while still clearing more trash per minute than its in -class competitors. The reduction of weight in the hopper is what allows the entire unit to have a better weight distribution and industry leading legal payload capacity. Titan: Only front loader with arms that can be affordably shipped in sub segments if damaged and needing to be replaced, then quickly reassembled with bolts (patented). Titan: The optional cardboard package is the only of its kind that allows this front loader to collect up to 50% more cardboard payload. PowerPak: The only automated side loader with a "cart/can shake" feature that jolts the cart three times inward/outward of the hopper on a 45-degree angle. This allows trash in the cart to break free and slide out if stuck. PowerPak: The only automated side loader we are aware of that is able to physically grab two 95-gallon carts that are placed side -by -side and dump them both simultaneously. We have several customers that have trained their residents to place their carts next to each other so that the Curbtender PowerPak can collect both at once. HammerPak: The only automated side loader with pack and tailgate cylinders mounted horizontally in a recessed trough on top of the body in order to create hazmat containment in the event of a leak. This and multiple other containment schemes on the HammerPak are part of a Curbtender patent. If an hybrid/electric chassis option is not a part Curbtender is now able to offer two different electric chassis options for its Quantum 8 and 10 of your product offering, provide information on cubic yard rear loaders. when a hybrid/electric option may be part of your offering. Curbtender is working with a major class 8 truck OEM to develop a collaborative electric refuse truck and chassis platform which will be available in 2021. Curbtender has worked extensively to test class 8 automated side loaders with BYD. These applications are expected to be available for purchase and production in 2020. Describe any safety innovations on your Curbtender manufactures one of the safest commercial rear loaders in the industry thanks to equipment that are either exclusive or that you the optional "Arlock" container lifting device. This hydraulically operated device locks the have introduced into the marketplace. dumpster in place and ensures there is no way for it to "break free" while being dumped. The hydraulically activated gathering arms pull the container closer to the rear loader by the container's trunnion bar. Unlike competitor models, prior to dumping the container the load sill (or lip) of the hopper actually hydraulically raises to meet the top of the dumpster. This prevents the dumpster from "falling down" to the load sill during dump cycle. This unique features reduces shock to the system (making it safer) and also reduces noise while simultaneously increasing hopper capacity. (see customer video: https:Hyoutu.be/3hl4_M-z6m4) Rear view cameras are standard on all product models for no additional charge. All rear loader models have access doors equipped with a safety interlock to shut off the pump and interrupt mechanical operation when an operator has opened the body access door. All of Curbtender's manual rear loaders and manual side loaders (except for the Pup) come standard equipped with dual emergency PTO shutoff switches on either side of the loading area. The Titan front loader and Titanium front loader come standard with access doors on both street side and curb side. This is important for Canadian customers as the dual door setup prevents the area from being classified as a confined space. The access doors are further protected with interlock switches that interrupt the PTO and mechanical operation when the doors are open. The PowerPak automated side loader comes standard with an access door protected by an interlock switch to interrupt PTO and mechanical operation when the door is open. DocuSign Envelope ID: CAE751 B7-AD98-4978-8B08-99A8D6AA848A Exceptions to Terms, Conditions, or Specifications Form Line Item 68. NOTICE: To identify any exception, or to request any modification, to the Sourcewell template Contract terms, conditions, or specifications, a Proposer must submit the exception or requested modification on the Exceptions to Terms, Conditions, or Specifications Form immediately below. The contract section, the specific text addressed by the exception or requested modification, and the proposed modification must be identified in detail. Proposer's exceptions and proposed modifications are subject to review and approval of Sourcewell and will not automatically be included in the contract. Contract Section Documents Term, Condition, or Specification Exception or Proposed Modification Ensure your submission document(s) conforms to the following: 1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided. 2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell. 3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell. 4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." • Financial Strenath and Stabilitv - Curbtender Financial Strength & Stability Statement.pdf - Wednesday September 11, 2019 11:44:18 • Marketina Plan/Samples - Curbtender Marketing Examples (1).pdf - Thursday September 12, 2019 16:17:19 • WMBE/MBE/SBE or Related Certificates - Valor Fleet - Disabled Veteran Certifcation.pdf - Thursday September 12, 2019 16:08:33 • Warranty Information - Curbtender Warranty.pdf - Thursday September 12, 2019 16:14:10 • Pricing - Curbtender Complete Pricing Section.pdf - Thursday September 12, 2019 16:04:02 • Additional Document - Additional Documents (Reseller Recommendations).pdf - Thursday September 12, 2019 16:08:12 DocuSign Envelope ID: CAE751 B7-AD98-4978-8B08-99A8D6AA848A Proposers Assurance of Comp PROPOSER ASSURANCE OF COMPLIANCE PROPOSER'S AFFIDAVIT The undersigned, authorized representative of the entity submitting the foregoing proposal (the "Proposer"), swears that the following statements are true to the best of his or her knowledge. 1. The Proposer is submitting its proposal under its true and correct name, the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related services, all applicable licenses necessary for such delivery to Sourcewell member agencies. The undersigned affirms that he or she is authorized to act on behalf of, and to legally bind the Proposer to the terms in this Contract. 2. The Proposer, or any person representing the Proposer, has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier, any official or employee of Sourcewell, or any person, firm, or corporation under contract with Sourcewell, in an effort to influence the pricing, terms, or conditions relating to this RFP in any way that adversely affects the free and open competition for a Contract award under this RFP. 3. The contents of the Proposer's proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or agent of the Proposer and will not be communicated to any such persons prior to the official opening of the proposals. 4. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request, and other documents in this solicitation and affirms that any and all exceptions have been noted and included with the Proposer's Proposal. 5. The Proposer will, if awarded a Contract, provide to Sourcewell Members the /products and services in accordance with the terms, conditions, and scope of this RFP, with the Proposer -offered specifications, and with the other documents in this solicitation. 6. The Proposer agrees to deliver products and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and related services to Sourcewell Members under an awarded Contract. 7. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 8. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statute §13.591, Subd. 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals generally become public data. Minnesota Statute §13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. The Proposer understands that it is the Proposer's duty to protect information that it considers nonpublic, and it agrees to defend and indemnify Sourcewell for reasonable measures that Sourcewell takes to uphold such a data designation. 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. - Mark Watje, President The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. r Yes r• No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. I have reviewed the File Name below addendum and Pages attachments (if applicable) Mobile Refuse Vehicles —Addendum 3 r Mon August 19 2019 10:58 AM Mobile Refuse Vehicles —Addendum 2 r Fri August 16 2019 02:42 PM Mobile Refuse Vehicles —Addendum 1 r Fri August 9 2019 09:45 AM DocuSign Envelope ID: CAE751 B7-AD98-4978-8B08-99A8D6AA848A ATTACHMENT - C CONFLICT OF INTEREST DISCLOSURE REQUIREMENT Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (i.e. The City of Fort Worth) must disclose in the Questionnaire Forms CIQ ("Questionnaire") the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City, or submits an application or response to a request for proposals or bids, correspondence, or another writing related to potential agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaires Form CIQ is enclosed with submittal documents. The form is also available at http://www.ethics.state.tx.us/forms/CIQ.pdf. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor. NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might have with the City, state Contractor name in the # 1, use N/A in each of the areas on the form. However, a signature is required in the #7 box in all cases. Rcv d6.9.2021 cc CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity •: rt K93W4 This questionnaire reflects changes made io the law by H.B. 23. 941h Leg., Regular Session. OFFICE ISEONLY This questionnaire is being liled in accordance with Ghaptw 176. Laval Government Code, by a vendor who DaW peceiwed has a business relationship as defined by Section 176-0010-at with a local gouernmen-al en0k and the vendor meats requirements under Section 175.U06(a)- fay law this questlonnaire must be liled with the records adminhaalor of the local gouen-rental entity not laser than the 7th business day after the dale the vendor becomes arras of facts tha-, require the am-.ement io be filed. Sap Section 176-aob(a-1), LocaJ Goaemmoni Coda. A vendor commits an olfanse if the vendor knowingly violates Section 176A06, Loral Givemment Code- An coarse under this section is a misdemeanor. -11 Name of vendor who has a business relationship with local governmental entity. J ❑ Check this box if you arm tilt ng an ups is a previously fi IE}d q uesfiannaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became arare that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officerabout whom the information is being disclosed,. Name of Off cer J describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.002(a)(2)(A). Also describe any family relationship with tlhelocal governrnentoff icer. Complete subparts A and B for each employment or business miationship described. Attach additional pages to this Form CIO as necessary. A- Is the local government officer or a family member of the offioer receiving or likely to rOreive taxable income, other than investment income. from the vendor? Yes =No B- Is the vendor receiving or likely to rareive taorable income, other than investment income, from or at the direction of the local government officer or a family rrembw of the officer AND the taxable income is not reaeived tram the local governmental entity? Yes = No f?escribeeach employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect towhich the local government officer serves asan officer ordirector, or holds an ownership inierest of one percent or more. 61 ❑ Check this boot if the vendor has given the local govern ment officer or a fam ily member of the officer one or more gifts as described in Section 176.00S(a)(2)(B), excluding gifts described in Section 176-003(a.-1 ). 71 Signature of vendor doing business with the governmental entity pate Form provided by Tmas Ethics Commission wrm. athi cs.stata.lz. u s Re Ased 11113021 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governnnental entity A complete copy of Chapter 176 of the Local Government Cade may be found at http Awww.statutes_legis_state_tx_us! Docs+L +htm+LCL 176.htm. For easy reference, below are some of the sections cited on this farm. Local Government Code Q 176.001(1-a): "Business relationship" means a connection between two or more parties based on commeroia avtivity ofone of the parties. The term does not include a connection based on: (A) atransaction that is subject to rate or fee regulation by afederal, state, or local governmental entity or an agency of afederal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a pu rchase or lease of goads or services from a person that is ch artered by a state or federal agency and that is subject to regular exam i nation by, and reporting to, that agency. Local Government Code 4176A03(a)(2)(A) and (B): {a) A local government officer shall file a conflicts disclosure statement with respect to avendor if: (2) thevendor: (A) has an em ployment or other business relation ship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than irnrestment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware th at (i) a contract between the local govern mental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. (B) has given to the local government officer orafamily memberofthe off icerone ormore gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (i i) the local governmental entity is considering entering into a contract with the vendor_ Local Government Code § 176.006(a) and (a-1I f a) A vendor shal I 1 ile a compl eted confI ict of i nterest questia nnaire if the vendor has a bus iness rel ationshi p with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a fam ily member of the officer, desori bed by Section 176_00ja)(2) (A); (2) h as given a local government officer of that I oval govern mental entity, or a family member of the officer. one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local govemmental entity_ {a- 1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application. response to arequest for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a kcal government officer, or a family member of the officer, described by Subsection (a); (B) that the ven dor has given one or mare gifts described by Subsection (a); or (C) of a family relationship with a local government officer_ Farm provided by Texas Ethics CammISSiDn www.othics.state.lx.us Revised 111fi2021 City of Fort Worth, Texas Mayor and Council Communication DATE: 06/13/23 M&C FILE NUMBER: M&C 23-0450 LOG NAME: 13P BLANKET COOPERATIVE AUTHORIZATION FLEET ACQUISITIONS ADK SUBJECT (ALL) Authorize Purchase Agreements with Multiple Vendors for the Purchase of Fleet Vehicles, Off -Road Vehicles, and Other Motorized Equipment up to the Amount of Available Funding in Capital Projects Across Multiple Funds Citywide using Multiple Cooperative Contracts and Interlocal Agreements for Three Years for the Property Management Department RECOMMENDATION: It is recommended that the City Council authorize the execution of purchase agreements with multiple vendors for the purchase of fleet vehicles, off road vehicles, and other motorized equipment up to the amount of available funding in Capital Projects Across Multiple Funds Citywide using multiple cooperative contracts and interlocal agreements for three years for the Property Management Department. DISCUSSION: The Property Management Department's Fleet Acquisitions Division is currently in the process of fulfilling a multi -year backlog of City vehicle and equipment purchases. The biggest challenge in trying to overcome this backlog is the availability of vendors, inventory, and the time it takes for the City to make purchases when vehicles are available. Currently, the City has a backlog of eight (8) years totaling more than $30 million dollars. The City currently has contracts with the following vendors using cooperative contracts: VENDOR �Siddons Martin Emergency Group, LLC �Siddons Martin Emergency Group, LLC �JI­Iouston Holdings, LLC �Versalift Lake Country Chevrolet North Texas Trailers, LLC Silsbee Ford Associated Supply Company (ASCO) Rogue Jet Boatworks, Inc. Lenco Industries, Inc. Polaris Sales, Inc. Nationwide Trailers, LLC �Crafco, Inc. �0Z0] ;j =1 011%9LTA WI[r] =I2Iwo BuyBoard Houston -Galveston Area Council (HGAC) BuyBoard Sourcewel I The Interlocal Purchasing System (TIPS) Buyboard TIPS BuyBoard General Services Administration (GSA) HGAC Sourcewel I BuyBoard BuyBoard However, due to limited inventory and availability, additional vendors and options are needed. Fleet Acquisitions has already identified twenty-nine additional vendors that are available through cooperatives. Approval of this Mayor & Council Communication (M&C) authorizes the City to execute contracts with any vendor that is currently listed on any valid cooperative that has one or more vehicles or pieces of equipment that is a current need for the City's fleet. This authorization would also include purchases made using Interlocal Agreements with other governmental entities. Fleet Acquisitions recently partnered with the Purchasing Division in an effort to better ensure that the City is able to purchase needed items as quickly and efficiently as possible. The Fleet team meets regularly with key personnel to ensure that specifications are appropriate for the City's fleet, costs are reasonable and acceptable, and that departments are receiving items that meet their business needs. COOPERATIVE PURCHASE and INTERLOCAL AGREEMENTS - State law provides that a local government purchasing an item under a cooperative purchasing agreement or interlocal agreement satisfies state laws requiring that the local government seek competitive bids for purchase of the item. AGREEMENT TERMS - Upon City Council approval of this M&C, the City will have authority to enter into one-time purchase agreements or annual agreements with available vendors for up to three years from the date of approval. At the expiration of three years from the date of approval, the City will seek additional authorization for any necessary contracts at that time. BUSINESS EQUITY - an M/WBE goal is not assigned when purchasing from an approved purchasing cooperative or other public entity. FUNDING - Currently, there is $42,593,019.00 in the City's budget in capital projects across multiple funds citywide for the purpose of funding fleet acquisitions. Prior to each purchase agreement or contract being executed, staff will confirm that funding is available for that purchase and is appropriated for that purpose. All existing contracts shall be amended or terminated to release encumbered funds to ensure that the City is able to make purchases with the vendors that have needed items available for purchase on a rolling basis. No guarantee has been or will be made to any vendor regarding minimum purchases. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budgets, as previously appropriated, in the Vehicle and Equip Replacement Fund, W&S Capital Projects Fund, Stormwater Capital Projects Fund, Municipal Airport Capital Proj Fund, Solid Waste Capital Projects Fund, CCPD Capital Projects Fund, ITS Capital Fund, Fleet Capital Projects Fund, Environmental Prot Cap Proj Fund, Tax Note 2019 Fund and Tax Note 2020 Fund to support the approval of the above recommendation for the purchase of vehicles and equipment. Prior to any expenditures being incurred, the Property Management Department has the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office bv: Reginald Zeno 8517 Dana Burghdoff 8018 Oriainatina Business Unit Head: Reginald Zeno 8517 Steve Cooke 5134 Additional Information Contact: Jo Ann Gunn 8525 Ashley Kadva 2047