Appendix C, Doc #2
ANTITRUST CERTIFICATION STATEMENTS
(Tex. Government Code § 2155.005)
Attorney General Form
I affirm under penalty of perjury of the laws of the State of Texas that:
1. I am duly authorized to execute this Contract on my own behalf or on behalf of the company, c
orporation, firm, partnership or individual (Company) listed below;
2. In connection with this proposal, neither I nor any representative of the Company has violated any
provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15;
3. In connection with this proposal, neither I nor any representative of the Company has violated any federal antitrust law; and
4. N
either I nor any representative of the Company has directly or indirectly communicated any of the contents of this proposal to a competitor of the Company or any other company , c
orporation, firm, partnership or individual engaged in the same line of business as th e C
ompany.
Company Contact
Signature
Printed Name
Address Position with Company
Official
Authorizing
Proposal
Signature
Phone
Printed Name
Fax
Position with Company
Weatherproofing Technologies Inc.
3735 Green Rd.
Beachwood, OH 44122
800-852-6013
N/A
JK Milliken
President
Appendix C, Doc #2
ANTITRUST CERTIFICATION STATEMENTS
(Tex. Government Code § 2155.005)
Attorney General Form
I affirm under penalty of perjury of the laws of the State of Texas that:
1. I am duly authorized to execute this Contract on my own behalf or on behalf of the company, c
orporation, firm, partnership or individual (Company) listed below;
2. In connection with this proposal, neither I nor any representative of the Company has violated any
provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15;
3. In connection with this proposal, neither I nor any representative of the Company has violated any federal antitrust law; and
4. N
either I nor any representative of the Company has directly or indirectly communicated any of the contents of this proposal to a competitor of the Company or any other company , c
orporation, firm, partnership or individual engaged in the same line of business as th e C
ompany.
Company Contact
Signature
Printed Name
Address Position with Company
Official
Authorizing
Proposal
Signature
Phone
Printed Name
Fax
Position with Company
Weatherproofing Technologies Inc.
3735 Green Rd.
Beachwood, OH 44122
800-852-6013
N/A
JK Milliken
President
ATTACHMENT A
EXHIBIT A
528
Appendix C, DOC # 3
Implementation of House Bill 1295
Certificate of Interested Parties (Form 1295):
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016.
The Texas Ethics Commission was required to adopt rules necessary to implement that law, prescribe the disclosure of interested parties form, and post a copy of the form on the commission’s website. The commission adopted the Certificate of Interested Parties form (Form 1295) on October 5, 2015. The commission also adopted new rules (Chapter 46) on November 30, 2015, to implement the law. The commission does not have any additional authority to enforce or interpret House Bill 1295.
Filing Process:
Staring on January 1, 2016, the commission made available on its website a new filing application that must be used to file Form 1295. A business entity must use the application to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. An authorized agent of the business entity must sign the printed copy of the form. The completed Form 1295 with the certification of filing must be filed with the governmental body or state agency with which the business entity is entering into the contract.
The governmental entity or state agency must notify the commission, using the commission’s filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the contract binds all parties to the contract. This process is known as acknowledging the certificate. The commission will post the acknowledged Form 1295 to its website within seven business days after receiving notice from the governmental entity or state agency. The posted acknowledged form does not contain the declaration of signature information provided by the business.
A certificate will stay in the pending state until it is acknowledged by the governmental agency.
Only acknowledged certificates are posted to the commission’s website.
Electronic Filing Application:
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm Frequently Asked Questions:
https://www.ethics.state.tx.us/resources/FAQs/FAQ_Form1295.php Changes to Form 1295: https://www.ethics.state.tx.us/data/filinginfo/1295Changes.pdf As a wholly owned subsidiary of a publicly traded business entity Weatherproofing Technologies Inc. is exempt from this form.
ATTACHMENT A
EXHIBIT A
529
Appendix C, DOC # 4
Texas Government Code 2270 Verification Form
House Bill 89 (85R Legislative Session), which adds Chapter 2270 to the Texas Government Code, provides that a governmental entity may not enter into a contract with a company without verification that the contracting vendor does not and will not boycott Israel during the term of the contract.
Furthermore, Senate Bill 252 (85R Legislative Session), which amends Chapter 2252 of the Texas Government Code to add Subchapter F, prohibits contracting with a company engaged in business with Iran, Sudan or a foreign terrorist organization identified on a list prepared by the Texas Comptroller.
I, ___________________________________________________, as an authorized representative of
_____________________________________________________________, a contractor engaged by
Insert Name of Company
Region 4 Education Service Center, 7145 West Tidwell Road, Houston, TX 77092, verify by this writing that the above-named company affirms that it (1) does not boycott Israel; and (2) will not boycott Israel during the term of this contract, or any contract with the above-named Texas governmental entity in the future.
Also, our company is not listed on and we do not do business with companies that are on the Texas Comptroller of Public Accounts list of Designated Foreign Terrorists Organizations found at https://comptroller.texas.gov/purchasing/docs/foreign-terrorist.pdf.
I fur
ther affirm that if our company's position on this issue is reversed and this affirmation is no longer valid, that the above-named Texas governmental entity will be notified in writing within one (1) business day and we understand that our company's failure to affirm and comply with the requirements of Texas Government Code 2270 et seq. shall be grounds for immediate contract termination without penalty to the above-named Texas governmental entity .
I s
wear and affirm that the above is true and correct.
______________________________________________ ________________ Signature of Named Authorized Company Representative Date J.K. Milliken, President
Weatherproofing Technologies Inc.
Appendix C, DOC # 4
Texas Government Code 2270 Verification Form
House Bill 89 (85R Legislative Session), which adds Chapter 2270 to the Texas Government Code, provides that a governmental entity may not enter into a contract with a company without verification that the contracting vendor does not and will not boycott Israel during the term of the contract.
Furthermore, Senate Bill 252 (85R Legislative Session), which amends Chapter 2252 of the Texas Government Code to add Subchapter F, prohibits contracting with a company engaged in business with Iran, Sudan or a foreign terrorist organization identified on a list prepared by the Texas Comptroller.
I, ___________________________________________________, as an authorized representative of
_____________________________________________________________, a contractor engaged by
Insert Name of Company
Region 4 Education Service Center, 7145 West Tidwell Road, Houston, TX 77092, verify by this writing that the above-named company affirms that it (1) does not boycott Israel; and (2) will not boycott Israel during the term of this contract, or any contract with the above-named Texas governmental entity in the future.
Also, our company is not listed on and we do not do business with companies that are on the Texas Comptroller of Public Accounts list of Designated Foreign Terrorists Organizations found at https://comptroller.texas.gov/purchasing/docs/foreign-terrorist.pdf.
I fur
ther affirm that if our company's position on this issue is reversed and this affirmation is no longer valid, that the above-named Texas governmental entity will be notified in writing within one (1) business day and we understand that our company's failure to affirm and comply with the requirements of Texas Government Code 2270 et seq. shall be grounds for immediate contract termination without penalty to the above-named Texas governmental entity .
I s
wear and affirm that the above is true and correct.
______________________________________________ ________________ Signature of Named Authorized Company Representative Date J.K. Milliken, President
Weatherproofing Technologies Inc.
6/14/2023
ATTACHMENT A
EXHIBIT A
530
Appendix C, DOC #5
FELONY CONVICTION NOTIFICATION
Section 44.034, Texas Education Code, Notification of Criminal History, Subsection (a), states “A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony.”
Subsection (b) states “A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract.”
This Notice is Not Required of a Publicly-Held Corporation
CRIMINAL HISTORY REVIEW OF CONTRACTOR EMPLOYEES
Offeror shall review §22.0834, Texas Education Code and 19 Texas Administrative Code §§153.1101 and 153.1117 regarding criminal history checks of school contractor employees .
The r
ules define continuing duties related to contracted services, direct contact with students, c
overed contract employee and other relevant terms within the statute.
E
xcept as otherwise provided herein, Offeror will obtain and certify in writing, before work begins, that the Offeror has received all criminal history record information that relates to an employee, applicant, agent or Subcontractor of the Offeror/Contractor or Subcontractor, if the person has or will have continuing duties related to the contracted services, and the duties are or will be performed on Region 4 ESC’s, or Participating Public Agency as applicable to the Texas Education Code, property where students are regularly present or at another location where students are regularly present. Awarded Offer(s) shall assume all expenses associated with the background checks and shall immediately remove any employee or agency who was convicted of, receive probation for, or received deferred adjudication for any felony as outlined below or any misdemeanor involving moral turpitude, from Region 4 ESC’s property or other location where students are regularly present.
Offeror/Contractor or sub-contractors may not work on Region 4 ESC’s, or Participating Public Agency where the Texas Education Code may be applicable, property where students are present when they have been convicted, received probation, or deferred adjudication for the following felony offenses:
1. A
ny offense against a person who was, at the time the offense occurred, under 18 years of age or enrolled at a public school;
ATTACHMENT A
EXHIBIT A
531
2. A ny sex offens e;
3. A
ny crimes against persons involving:
a. C
ontrolled substances; or
b. P
roperty; or
4. A
ny other offense Region 4 ESC, or Participating Public Agency where the Texas Education Code may be applicable, believes might compromise the safety of s
tudents, employees or property.
I, ___________________________________________________, as an authorized representative of _____________________________________________________________, the Offeror verify that:
A. M
y company is not owned nor operated by anyone who has been convicted of a felony.
S
ignature of Company Official: ___________________________________ Date: ________ B. M
y company is owned or operated by the following individual(s) who has/have been c
onvicted of a felony:
N
ame of Felon(s): __________________________________________________________ Details of Conviction(s) : _____________________________________________________ Date: _______________
C. M
y company is a publicly held corporate, therefore, this reporting requirement is not appl
icable.
Signature of Company Official: ___________________________________ Date: ________ J.K. Milliken, President
Weatherproofing Technologies Inc.
2. A ny sex offens e;
3. A
ny crimes against persons involving:
a. C
ontrolled substances; or
b. P
roperty; or
4. A
ny other offense Region 4 ESC, or Participating Public Agency where the Texas Education Code may be applicable, believes might compromise the safety of s
tudents, employees or property.
I, ___________________________________________________, as an authorized representative of _____________________________________________________________, the Offeror verify that:
A. M
y company is not owned nor operated by anyone who has been convicted of a felony.
S
ignature of Company Official: ___________________________________ Date: ________ B. M
y company is owned or operated by the following individual(s) who has/have been c
onvicted of a felony:
N
ame of Felon(s): __________________________________________________________ Details of Conviction(s) : _____________________________________________________ Date: _______________
C. M
y company is a publicly held corporate, therefore, this reporting requirement is not appl
icable.
Signature of Company Official: ___________________________________ Date: ________ J.K. Milliken, President
Weatherproofing Technologies Inc.
6/14/2023
ATTACHMENT A
EXHIBIT A
532
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
TAB 6
Value Added Services
ATTACHMENT A
EXHIBIT A
533
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
i. Provide any additional information related to products and services Offeror proposes to enhance and add value to the Contract.
3. Competitive Range: It may be necessary to establish a competitive range. Factors from the predetermined criteria will be used to make this determination. Responses not in the competitive range will not receive further award consideration.
Region 4 E
SC may determine establishing a competitive range is not necessary.
Acknowledged
4. Past Performance: An Offeror’s past performance and actions are relevant in determining whether or not the Offeror is likely to provide quality goods and services; the administrative aspects of performance; the Offeror’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally , the Offeror’s businesslike concern for the
interests of the customer may be taken into consideration when evaluating proposals, although not specifically mentioned in the RFP .
WTI has a long and successful working history with OMNIA Partners and it’s members. I
5. Additional Investigations: Region 4 ESC reserves the right to make such additional investigations as it deems necessary to establish the capability of any Offeror
.
Acknowledged
VALUE ADDED SERVICES
Our subcontracting plans are created on a project by project basis, however, all of our subcontracting plans include the above-referenced information at a minimum to ensure that our customers receive both quality and safety-related essential standards at the forefront of every project.
COOPERATIVE CONTRACT DELIVERY METHOD
In addition to the traditional services we have outlined in this proposal, we are excited to continue to offer the proven Contractor Network delivery model, which is highly desired by participating agencies. The Contractor Network allows participating agencies to capitalize on a network of highly qualified, local, best in-class and pre-qualified contractors to perform Roofing and Job Order Contracting (JOC) services. JOC projects will be limited to roofing, building envelope, restoration, and related services.
Within this delivery model, WTI’s parent company, Tremco, provides Program Administration to support the Contractor Network Program. This delivery model provides an opportunity to work with a growing number of public agencies that desire to work with their preferred, local, best in-class contractors, in collaboration with WTI and its parent company Tremco. This delivery model is significant in that it satisfies OMNIA’s desire for a national contract for roofing products and services and JOC services while providing OMNIA’s Members a valuable delivery model to utilize the OMNIA contract.
The Contractor Network allows participating agencies direct access to local, pre-qualified, best-in-class contractors. In this delivery model, Tremco provides Program Administration of the process and provides performance based and warranted technical solutions. The Contractor Network Delivery Model, like other models proposed, provides outstanding roofing performance, which is backed by warranties and maintenance agreements to provide participating agencies comprehensive roofing and building envelope asset management. Further, the Contractor Network Delivery Model will engage the design community due to its transparency and the fact that the services can be competitively proposed locally. This value-added offering along with our general contracting and material only offerings, allows OMNIA participating agencies to select the delivery model option that best suits their needs and requirements.
VALUE ADDED SERVICES
ATTACHMENT A
EXHIBIT A
534
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
Key Benefits of The National Cooperative Contractor Network Delivery Model to OMNIA Partners • Seamless transparent method of delivery to create best value and best quality solutions for participating agencies • Access t
o local, best-in-class, pre-qualified contractors that are part of this response • Participating agencies receiv
e optimal value from In-Network contractors capable of successfully installing specified technical roofing and building envelope solutions
• Access t
o reliable, high-quality Tremco roofing and building envelope products and WTI services • Performance-based quality driv
en technical and warrantied solutions significantly reduces the risk of underperformance normally associated with the open market
• Auditable pricing using the most r
ecent online addition of RS Means Construction Cost Data • Pricing not to exc
eed the line-item pricing submitted with this proposal
• Tremco serv
es as Program Administrator to ensure ease of use and compliance with the Program WTI’s parent company, Tremco, provides both technical and administrative support throughout the project as well as assumes the responsibilities outlined below.
• Assessment of participating agency needs and budget analysis • Resources nec
essary for technical specification development, when requested, or works collaboratively when the participating agency provides technical specifications
• Project specification re
view for applicable codes and state statutes related to professional certifications and other responsibilities
• Resources nec
essary for state and local professional certifications, when requested by the participating agency, provided in accordance with the protocols established by each individual state • Access t
o an expanding network of pre-qualified, best-in-class local and regional contractors • Administrative support, when r
equested by the participating agency, for review of project proposals and other project related support
• Technical and other administr
ative project support between the participating agency and selected contractor • Project consulting
• Attendance at pre-pr
oposal conferences
• Attendance at cons
truction meetings—pre-construction, progress and final inspection • Monitors contr
actor performance and measures against stipulated contractor qualification criteria • Performs project cl
ose out and issuance of construction photos, warranty(s), service manuals and programmed preventative maintenance (TremCare®), when included within the project scope of work • Programming and pre
ventative maintenance plans to extend the useful life of the client’s roofing inventory • Reviews Contr
actor Network applications and recommends to Region 4 for approval of contractors to be included in the Contractor Network based on established pre-qualified criteria to ensure only best-in class, financially viable contractors are part of the Contractor Network
• Administers the Contr
actor Network for process compliance
VALUE ADDED SERVICES
ATTACHMENT A
EXHIBIT A
535
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
LOCAL/REGIONAL CONTRACTOR SUPPORT
WTI brings a vast network of resources to provide high-quality roofing and building envelope and JOC services anywhere in the US. With field offices, personnel, and pre-qualified contractors nationwide, we have the ability to minimize our response times and utilize cost-effective means to promote customer satisfaction. WTI works, in conjunction with Tremco, with hundreds of contractors annually. We strive to provide participating agencies with access to highly qualified contractors within proximity to the participating agency to the maximum extent possible. This value-add delivery model will continue to benefit OMNIA and OMNIA members by providing a proven seamless business model that is fully transparent while allowing for competitive proposals among pre-qualified, local, and regional contractors. This model allows participating agencies to select Tremco’s roofing products, systems, and services, as well as other types of systems, and JOC services while providing a process in a strategic, fully transparent manner and will be provided at a competitive price.
Each company in the Contractor Network included in the Value Add has applied, met the programs stipulated criteria, been fully vetted, and previously accepted into the program by Region 4 Education Service Center. Each has met the following pre- established selection criteria and meets and exceeds standards established by the NRCA. In addition, In-Network Contractors must also meet the additional requirements to become accepted and remain part of the Network.
NRCA Requirements Additional Network Contractor Requirements • A Permanent Place of Business
• Knowledge of Roofing S
ystems
• Insured and Committed to Saf
ety
• Licensed and Bonded
• Financial Stability
• Application Expertise
• Past performanc
e
• Provisions for On-Sit
e Supervision
• Professional Maint
enance Programs
• Continually meets or ex
ceed program expectations
related to performance, quality, and safety expectations • Provides most disciplines of r
oofing, such as single
ply, modified bituminous, built up, metal, shingles or
tile and repair and/or building envelope solutions
• Provides a variety of manuf
acturer certifications
• Ability to provide manuf
acturer warranties
• Financial capacity to insure, bond and e
xecute roofing
and building envelope or JOC public works projects
• Agrees to meet the OMNIA Terms and Conditions
c
ontained in the RFP
• Follows the Contr
actor Network delivery process
• Works collabor
atively with WTI, OMNIA and the
participating agency
The contractors within the Contractor Network may be required to have a specified number of job site inspection days on their roofing and building envelope or JOC projects. Inspection days allow WTI and its parent company, Tremco, to monitor the In-Network contractor’s performance, verifying the contractor is meeting the project specifications and meeting the participating agency’s needs. The Contractor Network will be continually reviewed for the purpose of maintaining the highest standards possible. Each contractor within the Network will be periodically reviewed and required to update their credentials. The contractors will be evaluated on company performance, compliance, activity levels and their demonstrated competency within this business model. The Contractor Network process is designed to provide maximum value to participating agencies, by adding new contractors to the Contractor Network that will perform well while removing contractors from the Contractor Network that have underperformed.
VALUE ADDED SERVICES
ATTACHMENT A
EXHIBIT A
536
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
Adding New Contractors to the Contractor Network
Any contractors wishing to enter the program will need to complete the on-line application and demonstrate competency in the stipulated criteria mentioned above including agreement to the terms and conditions contained in this RFP. Contractors who meet the requirements of the Contractor Network Program will be sent to OMNIA and Region 4 ESC for approval, via a Request for Vendor Contract Update. Upon approval by Region 4 ESC, approved contractors will be included in this response.
Contractor Network Resources
The National Cooperative Contractor Network roster lists the individual pre-qualified and In-Network contractors that are independently owned and part of this RFP response. This roster was previously accepted into the program by Region 4 Education Service Center under OMNIA Contract #R180903 and will be updated in accordance with the process of adding contractors outlined above.
CONTRACTOR NETWORK METHOD OF DELIVERY PROCESS
In-Network contractors work directly with Tremco Technical Representatives to deliver projects. Under the Contractor Network method of delivery, the In-Network contractor becomes the prime. •
Tremco’
s Technical Representatives obtains a Certified Proposal Number. This number is provided to the In-Network contractor(s) to track the project
• In-Network contract
or or multiple In-Network contractors are selected for the Network to provide a proposal(s) for the project to the OMNIA member
• In-Network contract
or(s) includes the terms and conditions established by Region 4 ESC within their proposals and all project specifications
• In-Network contract
or(s) conducts a project job walk
• In-Network contract
or(s) submits their proposal(s) to the participating agency • Awarded In-Netw
ork contractor is required to obtain an independent RS Means pricing validation • OMNIA participating agency issues a purchase order or c ontract directly to the awarded In-Network contractor;
suggested PO language
Purchase order awarded to {insert selected In-Network contractor’s name}, in the amount of {insert purchase order amount}, in accordance with the Terms and Conditions outlined within the OMNIA Partners Public Sector, National IPA Weatherproofing Technologies Inc. Master Contract No.{insert contract number} and related project documents. •
Tremco obt
ains a copy of the purchase order and/or contract issued to the In-Network contractor, the RS Means estimate, and collects the administrative fee which Tremco transmits to OMNIA • In-Network contract
or invoices the OMNIA participating member directly
The project is completed compliantly, transparently, and provides OMNIA and the participating agency with the assurance that their project was performed by a local, pre-qualified, best in class contractor while meeting the obligations of this contract.
Contractor Network Roster as of June 2023
A complete copy of our contractor network list is available to OMNIA members upon request.
VALUE ADDED SERVICES
ATTACHMENT A
EXHIBIT A
537
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
CONTRACTOR NETWORK PRICING
Pricing delivered through the Contractor Network delivery model is fully transparent, consistent, and fair. The pricing will consist of labor, material and fees associated based upon the design and scope complexity of each individual project. The practices used to develop project pricing will be consistently applied for each project and fully transparent to the participating agency. Each project will have specific labor skill set requirements in which a fully burdened rate will be provided. The pricing in total will not exceed the line-item pricing or the JOC coefficients submitted by WTI with this proposal. The awarded proposer’s labor hours used in the pricing will be consistent with the estimating guidelines established by the most current RS Means Construction Cost Index Guide or other Construction Cost Index Guide and will be fully auditable.
Pricing is based on the most current Online RS Means Cost Data, sorted by location code. Locations are defined as the “closest” code, as dictated by the first three numbers of the OMNIA member’s zip code. This will be used to determine the city cost index (CCI) at the OMNIA member’s site.
In addition, the coefficient submitted by WTI with this proposal further modifies the RS Means final price and is less than
1.0 therefore offering the OMNIA members an additional discount. This discounted percentage is found in Lines VA205 and applies a RS Means multiplier/factor of 93%. This factor is applied in the following manner. The In-Network Contractor will take the RS Means total item cost times .93 as the billable amount. The In-Network Contractor will furnish a line item estimate for the unique conditions of the building from the most current RS Means Construction Cost Index Guide. Awarded proposals will be equal to, or less than, the amount of the RS Means line item estimate, which is fully transparent, audible, consistent and fair. Prevailing wage rates will be paid according to the requirements of each state.
The following map represents the local, pre-qualified, best-in-class companies authorized to perform under the Contractor Network Delivery Model. The current Contractor Network roster previously accepted into the program by Region 4 ESC includes the companies that have been approved to perform work under this contract.
Warranties
Sample warranties are available to OMNIA members upon request
VALUE ADDED SERVICES
ATTACHMENT A
EXHIBIT A
538
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
At WTI and Tremco safety is the cornerstone of our
business—leading with safety every day. Our robust safety culture and practices, as well as our industry-leading safety products and services offering, are designed to make your roof as safe as possible.
Our commitment to safety stems from our passion to
protect a company’s most valuable assets, its employees.
We’re all aware that building envelope services is one of the most dangerous businesses in construction, and serious
workplace injuries or death change lives forever—for
families, friends, as well as our coworkers.
With our commitment to having the best trained and
equipped workforce in the industry, we naturally look to extend this same commitment to helping our customers
possess the needed solutions and training to ensure their employees and service vendors are safe when working and accessing their roof.
VALUE ADD
FALL PROTECTION SOLUTIONS
ATTACHMENT A
EXHIBIT A
539
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
DRIVING LASTING CUSTOMER VALUE AND
PROMOTING SUSTAINABILITY
Building a Better World means committing to continuous
improvement and investing in safer, greener products
and processes that benefit our customers, end users and the environment.
As a global company, RPM is committed to creating
lasting value for customers through innovative solutions, while thoughtfully adopting sustainable approaches
in the utilization of human and natural resources. Our
sustainability journey springs from our core values and comprises a more formal focus on our internal Footprint and an outward look on our Handprint - the impact of our products, services and processes on the environment.
We are particularly proud of the many RPM products,
services and processes that drive sustainability by
helping customers reduce their environmental impact.
As we look to shape the future responsibly, we are
integrating Blueprint concepts, rethinking business
models, and collaborating with leading edge partners to continually improve our impact.
Transforming the World One Roof at a Time
WTI and Tremco have been partnering with many
companies to help them achieve their conservation
and sustainability goals through green living roofs. Our goal, to transform the world into a greener place one
roof at a time. But green roofs are more than just an
environmental benefit. They also provide beautiful and
restful places that employees and customers can enjoy
to help lower stress levels and provide a better quality of workplace and shopping experience.
In these trying times, that don’t seem to be going away, this will become more and more of a factor in hiring
quality employees and attracting customers.
VALUE ADD
VEGETATIVE ROOFS
ATTACHMENT A
EXHIBIT A
540
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
According to the Department of Energy, more than 10% of all energy use is attributed to the condition of building envelopes.
If buildings leak due to faulty original construction, age, or poor envelope construction, unintentional air infiltration can result costing OMNIA members up to 40% more for heating and 15% more for cooling.
The solution is an air barrier audit to identify the leak sources and an air barrier system installation to control air leaks.
Integrated Solutions
Canam Building Envelope Specialists, part of the
Tremco Construction Products Group, offers a unique
combination of air barrier solutions, from testing through system installation. A leader in building envelope
solutions for more than 25 years, Canam provides air
barrier audits, retrofit installations and testing.
The Leak Effect
While your building may seem airtight, tiny holes
may exist in parts of your building envelope. These
openings, coupled with air pressure differentials,
result in air leakage and higher utility bills.
Defects in building envelopes can vary dramatically
due to building age, the environment, and previous
maintenance. Whether it’s a crack in the curtain wall
or faulty weatherstripping, our experienced technicians deliver customized, proven air barrier solutions.
Reach Your Building Envelope’s Full Potential
Air barrier solutions can help OMNIA members find
their building’s energy efficient potential. Pair energy savings with the likely increase in a building’s longevity, and OMNIA members will see why “sealing the envelope”
makes such good financial and environmental sense.
VALUE ADD
CANAM
ATTACHMENT A
EXHIBIT A
541
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
Indoor Air Quality (IAQ) & HVAC System Testing &
Restoration
IAQ has become one of the most important components
to help providing a safe and healthy environment for
building occupants.
Humans spend 90% of our time indoors and breathe
around 3,000 gallons of air a day. Serious pollutants can cause certain allergic reactions, respiratory issues and other long-term health complications. The quality of
indoor air is critical for good health.
WTI/Pure Air Controls Systems provides indoor
environmental testing & evaluations, microbiological testing & analysis, and HVAC, building, and mold remediation to help improve building health and occupant well-being. From diagnostics to repair and remediation, our team of experts can tell you if your indoor air quality is at risk of being compromised and perform the work to safeguard it from
the consequences of unwanted air infiltration.
The HVAC system can be viewed as the cardiovascular
and respiratory system of a building. The air handler
is the heart of the system since this is where outdoor
air is drawn in, filtered, conditioned and mixed with
return air. This “supply” air is then distributed through a network of ducts to and from areas of the building.
Basic components include dampers, fans or blowers,
heating and cooling coils, air filters, boilers or
furnaces, compressors, and ductwork.
Routine preventive maintenance is the key to avoiding
premature wear and tear on components that can
lead to costly repair or early replacement. Therefore,
it is critical to perform routine cleaning and do minor repairs, extending equipment life and allowing for
scheduled major repairs or replacements when it has
less impact on disrupting business.
VALUE ADD
WTI/PURE AIR CONTROL SYSTEMS
ATTACHMENT A
EXHIBIT A
542
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
VALUE ADD
WTI/PURE AIR CONTROL SYSTEMS
We will visually evaluate your HVAC System, paying close attention to the condition of the air handler unit (AHU), evaporator coils, pan, rails, and blower. Our primary
interest is to detect signs of allergens. We will also have a look at the ducts for microbial growth, dust, debris or other obstructions.
The laboratory at WTI will provide expert analysis. Your samples are analyzed under the supervision of PhD
scientists and matched to our in-house library of over
200,000 samples (one of the largest microbial databases in the U.S.) We will qualify and quantify any allergen content found to determine the impact it might have on your facility.
Our team of building scientists can perform tests for
differential pressure across the coil, relative humidity, allergens, microbial growth, Legionella and more. Plus, both air and surface samples can be collected from the
HVAC system for analysis. We also offer total air handler and system performance evaluations, including electrical usage, fan RPM, cooling output in BTU, chilled water volume usage in GPM, and smoke detector differential testing.
You will receive a detailed yet easy to understand report, complete with photos and even a glossary. The report
is photo-documented, and even contains a glossary for
reference. It will help us, together, come up with a plan to remedy any issues found. The report can also be used to illustrate the gains made through remediation.
ATTACHMENT A
EXHIBIT A
543
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
VALUE ADD
WTI/PURE AIR CONTROL SYSTEMS
Restore for 1/10th the Cost of Total AHU Replacement
Building owners and operators are often faced with the challenges of aging HVAC equipment. It can be difficult to make the hard choice between an endless stream of maintenance calls or the capital expense of total replacement. This is especially true when there is a large inventory units being managed. Since the basic mechanical design and components of an AHU has remained the same, it can be hygienically restored with HVAC New Life™ instead of a total replacement! HVAC New Life is an innovative hygienic restoration service that ensures a longer lifespan and optimal performance for aging HVAC system components such as:
•
Air Handling Unit Cabinets
• Evaporator Coils
• Blower Mot
or Assemblies
• Drain Pans
• Structural Rails
• And More!
HVAC Ne
w Life combines our powerful PURE-Steam™ HVAC Hygienic cleaning with an exceptional coating and liner process to effectively restore an AHU for many years of continued service.
ATTACHMENT A
EXHIBIT A
544
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
RoofTec, utilizing a combination of technologies in
a system that truly restores commercial roofs, is
a fully integrated surface preparation process that
addresses the growing challenges building owners
face in complying with local and national regulations
on wastewater discharge. And, as part of the Tremco
Construction Products Group, RoofTec can combine
this industry-exclusive roof cleaning and preparation
process with industry leading roof coating systems.
The RoofTec System starts with a patent pending cleaning system. Unlike traditional power washing systems, the
Rooftec System uses a low emissions engine-powered
system to produce heated high pressure solution. This
solution is combined with EcoLogo-certified roof cleaning chemistry and delivered to roof surfaces via a rotary
cleaning head that dislodges and suspends soils.
The solution is next recaptured through the rotary cleaning head by 870 cubic feet per minute of vacuum airflow
created by the RoofTec Truck-mounted System. The
recovered solution is then pumped for proper disposal in the facility’s sewer system. This process eliminates the discharge of waste water to storm water systems.
Because its cleaning process is so effective, the RoofTec System cleans up to 70% faster than traditional power
washing – that means it takes significantly less water to achieve better cleaning. This time savings also reduces the fuel consumption versus what’s required to run
traditional power-washing equipment.
VALUE ADD
ROOFTEC
RoofTec Systems enclosed rotary head delivers high
pressure solution at 2500 RPM while greatly reducing the risk of human error in the cleaning process. Solution is delivered at a continuous, steady rate so that high pressure solution is not stationary. Unlike traditional power washing that can cause damage to roofs, the RoofTec system is
safe and non-damaging. Additionally, regular use of the RoofTec cleaning system may help preserve factory warranty requirements for the roofing material.
Dirty roofs cause decreased refraction of light/heat and thus heat is absorbed into roofing materials. This reduces the insulating values engineered into roofing systems. A clean roof is a more energy efficient roof – testing of material temperatures have shown surface temperatures on a clean roof are up to 30°F cooler.
Also, the RoofTec Truck-mounted System utilizes a single power source to economically provide heated water at high pressure and vacuum recovery. Other systems need as many as three engines to accomplish the same results.
Extending the life and performance of a roof is fiscally responsible and environmentally responsible. Every year millions of pounds of roofing materials are dumped in our landfills. Disposal is not only expensive, it is avoidable.
RoofTec is True Roof Restoration, a preventive maintenance system which includes a warrantied coating system from
industry leader Tremco that can add up to 20 years of
warrantied life to a roofing installation. Recoating is not a band-aid for the roof—it is True Roof Restoration.
ATTACHMENT A
EXHIBIT A
545
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
Nudura® ICFs are a proven method of providing you a
better alternative to traditional building methods
Buildings today demand reliable, energy efficient and
eco-friendly walls that provide superior performance to minimize energy costs, reduce carbon emissions and
maximize property value. Structures made of Nudura
®
Insulated Concrete Forms (ICFs) offer superior strength, disaster resilience, sound and fire-resistance and energy efficiency. This is why the design community, developers, builders and contractors across the world continue
to choose Nudura’s ICFs and insulation products as a
proven alternative to traditional building methods.
Nudura
® products provide the freedom and versatility to
design and build projects the way they are envisioned.
Designing and building with Nudura gives you the
opportunity to build faster with more design flexibility, while offering an eco-friendly structure with substantial benefits that contribute to long-term energy savings.
When choosing Nudura ICFs you can rest assured you
have chosen the best building solution available today.
VALUE ADD
NUDURA
ATTACHMENT A
EXHIBIT A
546
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
VALUE ADD
NUDURA
High-performance building solutions that fit your business.
We understand the needs and demands that face builders, architects and developers. Our products provide solutions to match the needs of the professionals who install, design and develop projects from residential to commercial. Our Insulated Concrete Forms and insulation systems combine design flexibility, efficiency and performance to create the ultimate building envelope solutions.
Energy-efficient insulation
Confidently meet today’s building code requirements while delivering an energy-efficient building with a full line of Nudura ®
insulation products. Make your projects stand out with a quality insulation solution that performs consistently throughout the seasons without compromising on comfort, performance and efficiency for your clients.
Build an energy-efficient structure with insulation that works. Nudura® offers a full range of Insulated Concrete Form products from our ICF Series which are manufactured with our installer in mind. Industry leading innovations get the walls up faster and easier. Our Integrated Series completes the building envelope, giving you the ability to completely insulate from footing to roof.
Most traditional insulation types can deliver only on R-Value. Nudura ® takes R-Value to the next level. The ICFMA (Insulated Concrete Form Manufactures Association) Conducted testing with CLEB Laboratories to show that ICF walls can provide up to 58%* better energy savings. The thermal mass of concrete combined with EPS Insulation makes building perform better compared to traditional products. Learn more about the CLEB report at nudura.com/icf-performance.
Sustainable Designs
Nudura® helps bring sustainable designs and Insulated Concrete Forms together. Projects specifying Nudura ICFs provide much greater potential for saving valuable environmental resources, reducing energy consumption and C02 emissions, two major factors facing today’s public agency buildings. From foundations to whole structures, Nudura® has a complete library of solutions for your building design needs.
*As proven by third party testing conducted by CLEB laboratories and the Insulating Concrete Forms Manufactures Association (ICFMA).
ATTACHMENT A
EXHIBIT A
547
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
VALUE ADD
NUDURA —ANATOMY OF A BETTER BUILDING
1 4
2 3
1 2 3 4
Nudura Standard Form
Nudura Standard Forms are
8’ (96”) in length, the largest
standard block in the industry.
Nudura’s forms consists of two
stay in place panels of Expanded
Polystyrene (EPS) connected
with our patented innovative
hinged folding web.
Nudura 90° Form
The 90° form is fully
reversible, eliminating the
need for different right
and left corners. Nudura
also offers a 45° form, a
radius, a taper top and all
of the accessories needed
to ensure the envelope of
any structure can be built
with Nudura.
Nudura Optimizer
With the Optimizer form
it is easy to optimize
the height of any wall.
Designed to be used as a
height adjuster at the top
of the wall, the Optimizer
allows the installer the
ability to hit 17 different
stack heights from 4’ (1220
mm) to 12’ (3600 mm).
Nudura One Series
The One Series is ideal for
elevator shafts, stairwells and
other areas that require non-
combustible material.
ATTACHMENT A
EXHIBIT A
548
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
Dryvit, part of Tremco Construction Products Group,
is the manufacturer of Outsulation® systems, a
high performance cladding system for commercial
and residential construction, which utilizes exterior
continuous insulation (CI). It is available in a number of system configurations to meet any climate or building
condition and numerous durable textures and colors to
complete any architect’s vision. More than 1 in every 11 commercial buildings in the United States features Dryvit products on the exterior.
Dryvit has led the EIFS industry for more than four
decades because of its commitment to research and
development. Dryvit consistently introduces new products and systems that keep it on the leading edge of the
building industry. That spirit of innovation, coupled with a rigid adherence to the highest standards in manufacturing quality and consistency, has made the Dryvit brand the
unquestioned leader in the EIFS industry.
Dryvit remains the only EIFS manufacturer to have
all of its five North America production facilities ISO 9001:2015 and ISO 14001:2015 certified – the Gold
standard for worldwide product consistency, quality and environmental stewardship. The proven energy efficiency and green characteristics of the Dryvit Outsulation®
system make it ideal in buildings where the owner and
architect are seeking LEED certification for the building.
There are three costs to consider when building today;
the initial construction costs, the on-going operational costs, and the increasingly important environmental
costs. By all three critical measures, Dryvit Outsulation systems represent the optimal cladding solution.
A lightweight insulated brick that matches the size,
appearance and texture of clay, NewBrick® from Dryvit®
is a higher-performing alternative to traditional clay brick veneers. More durable than traditional brick, NewBrick
offers a superior cladding solution that reduces overall wall cost and accelerates the dry-in process.
NewBrick’s light weight, strength, customizability, and ease of use make it a particularly appealing way to integrate the beauty and durability of brick into your next project.
NewBrick’s flexibility and energy efficiency are perfect for a wide range of applications.
VALUE ADD
DRYVIT—NEWBRICK
ATTACHMENT A
EXHIBIT A
549
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
THE TIMELESS LOOK OF BRICK —
WITH IMPROVED PERFORMANCE,
STREAMLINED INSTALLATION AND
REDUCED OVERALL WALL COST
from
DS277
VALUE ADD
DRYVIT—NEWBRICK
A SUPERIOR WALL, FROM FOUNDATION TO FINISH
Air. Water. Vapor. Thermal.
As part of the total wall system, NewBrick can include
all 4 barriers when used over a Dryvit® Outsulation®
system under a complete single-source warranty.
Look past the per-thousand rate—NewBrick’s
advantages in labor and freight costs, job duration, tool/ equipment requirements and critical path can mean over
25% savings in the true total installed cost.
A Whole Wall System
As part of the whole wall system, NewBrick can include
all 4 barriers when used with a Dryvit Outsulation system with a single source install and whole wall warranty.
Faster Shell Dry-In
A quicker whole wall installation means earlier shell dry- in for your building, so interior work can begin up to ten weeks ahead of schedule.
Impact Resistant
NewBrick stands up to every-day impacts—passing a
Gardner Impact test at 48 in/lb with barely a mark while traditional brick broke in half.
Eliminates Supports
By eliminating the cost—and labor—for anchors,
bearing shelf angles, brick ties, mortar nets and AWRB
penetrations, NewBrick’s whole wall savings average
$15-$17 / ft
2. Lightweight
At a fraction the weight, NewBrick cuts freight costs
significantly—and is easier to handle on site, eliminating the daily need for a telehandler and additional labor to move brick on the scaffold.
Safer Jobsites
NewBrick reduces exertion and the potential for injury to laborers, and also helps minimize jobsite mishaps and
material waste.
Versatile Design Capability For Any Project
NewBrick is available in 16 standard colors. Custom
colors and blends are available to tailor your project’s specifications. Available in four standard blends, four textures, and three effects. Or, create your own custom blend to bring your vision to life.
ATTACHMENT A
EXHIBIT A
550
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
VALUE ADD
DRYVIT—OUTSULATION, SUSTAINABLE SOLUSTIONS
Outsulation systems have been evaluated by the National Institute for Standards and Technology (NIST) and have
less environmental impact than other common claddings.
They can also contribute toward achieving LEED credits, depending upon project design and location.
Outsulation systems are more cost-effective throughout
their lifecycle because the manufacturing process requires less energy than other common claddings, and the
lightweight composition reduces fuel costs associated with transport. After application, Outsulation systems continue to keep heating and cooling costs low for the life of the building. Visit dryvit.com for more information.
Outsulation
•
Intended for use in commer
cial construction or over
masonry
• Insulation adhered directly t
o substrate
• Designed as a barrier syst
em
Outsulation Plus MD System
•
Qualifies for all construction types
• Incorporates a liquid applied, air and w
ater resistive barrier
• Vertical adhesive beads f
acilitate moisture drainage
• Corrugated strip or track is inc
orporated at the wall base
• Passive dr
ainage
Outsulation MD System
•
Qualifies for all construction types
• Incorporates a liquid applied, air and w
ater resistive barrier
• Grooved insulation boar
d facilitates moisture drainage
• Vent track and vent as
sembly are incorporated at the
base of the wall
• Engineered drainage
Outsulation HDCI™
• Provides a 20-year warranty on puncture resistance
• Incorporates a liquid-applied, air
-and water-resistive barrier
• Corrugated strip or track is inc
orporated at the wall base
• Qualifies for commercial c
onstruction
• Provides a 20-y
ear warranty on puncture resistance
• Passive dr
ainage
ATTACHMENT A
EXHIBIT A
551
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
VALUE ADD
DRYVIT—OUTSULATION, SUSTAINABLE SOLUSTIONS
Outsulation X™ System
• Features DOW® XNERGY™ Extruded Polystyrene (XPS)
insulation board
• Incorporates a liquid-applied, air
- and water-resistive
barrier
• Vertical adhesive beads f
acilitate moisture drainage
• Drainage strip is incorpor
ated at the base of the wall
• Qualifies for commercial c
onstruction
• Supplemental fas
teners required
• Passive dr
ainage
Outsulation LCMD System
• Qualifies for all construction types
• Mechanically fas
tened over sheet type water-resistive
barriers (by others)
• Corrugated strip or track inc
orporated at the wall base
• Multiple drainage and attachment options av
ailable
Outsulation PE System
•
Qualifies for all construction types
• Incorporates a liquid applied, air and w
ater resistive barrier
• Closure block
s are configured to “compartmentalize” the
wall for pressure equalization
• Vent track and vent as
sembly are incorporated at the
base of the wall
• Engineered moisture dr
ainage and pressure equalization
Outsulation RMD System
•
Intended for residential, w
ood framed (one and two
family) construction
• Can incorporate a liquid applied air
- and water-resistive
barrier or sheet membrane and drainage mat
• Drainage strips or track inc
orporated at the base of the
wall
• Multiple drainage and attachment options av
ailable
Outsulation RMD System
•
Outsulation MD Securock ExoAir 430
• Outsulation Plus MD Securock ExoAir 430
• Outsulation HDCI Securock ExoAir 430
• Outsulation PE Securock ExoAir 430
• Outsulation X Securock ExoAir 430
ATTACHMENT A
EXHIBIT A
552
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
VALUE ADD
DRYVIT—OUTSULATION
HOW IT WORKS
Outsulation systems typically consist of the following components, as determined by code and performance requirements.
DRYVIT/TREMCO APPROVED
WATER-RESISTIVE BARRIER
Seamlessly protects sheathing or
substrate from incidental
moisture and
eliminates air infiltration
•
Liquid-applied
• Continuous or monolithic
• Includes Backstop NTX®,
Back
stop NTX-VB, Securock®
Ex
oAir® 430, ExoAir® 230
CONTINUOUS INSULATION
Absorbs expected building
movement and enhances energy
efficiency
•
Eliminates thermal bridging in
framed cons
truction
• Meets CI requirement
s for all
zones per ASHRAE 90.1-2010
• Available in both EPS
(e
xpanded polystyrene)and XPS
(extruded polystyrene)
• Available in various
thicknes
ses and can fully meet
wall insulation requirements
BASE COAT AND REINFORCING MESH
Combine to provide the primary weather
barrier and impact resistance
• Mesh embedded in base coat
• Various weights of mesh av
ailable,
depending on impact resistance required
DRYVIT/TREMCO APPROVED
FLASHING SYSTEM:
Seamlessly protects openings
in the building envelope from
moisture
•
Includes AquaFlash® or
Dymonic® 100
ADHESIVE / DRAINAGE MEDIUM
Vertical notches allow drainage of
incidental moisture
• Adheres insulation board to
the Air
-and Water-Resistive
Barrier\
FINISH COAT
Blend of 100 percent acrylic
copolymers, natural aggregates
and UV resistant pigments
•
Easy to maintain
• Available in many t
extures and
limitless color options
• Offer multiple aesthetic options
• Options for increased
hy
drophobicity, flexibility and
mildew and fade resistance
SYSTEM OPTIONS
All Outsulation systems include adhesive, continuous insulation (CI), fiberglass mesh embedded in base coat, and finish, which are installed sequentially by a trained professional contractor as specified by the design team, and as required by code. Some Outsulation systems protect the underlying wall with an air- and water-resistive barrier under the CI, which maximizes the energy efficiency. Outsulation systems can be installed in either “barrier,” “moisture drainage” or “pressure equalized” configurations, and these systems are engineered to perform in all climates and on all types of structures. On certain types of construction (high-rise) and in certain job conditions (cold weather), lift-in-place, prefabricated wall sections may provide certain benefits.
ATTACHMENT A
EXHIBIT A
553
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
VALUE ADD
DRYVIT—MODULITE™ PREFABRICATED PANEL SYSTEMS
Whether you’re building new or renovating, Modulite prefabricated panel systems offer unique advantages over traditional field-applied construction.
Since 1970, Dryvit has offered systems and technical support for the prefabrication space using all of the Dryvit products.
Modulite panelization systems incorporate all the benefits of a Dryvit Outsulation® system—including continuous insulation (CI) and beautiful aesthetic finish options to meet any design need—all fully-tested to meet existing building codes and provide extraordinary energy efficiency. Modulite panelization systems also offer the most experienced and deepest team of partner fabricators in the industry.
Why build with Modulite Prefabricated Panes?
Faster Construction Time
In-plant fabrication can reduce production time, and speed up field application of exterior cladding systems, to reduce construction schedules.
Stronger and More Resilient
Our systems are designed for maximum durability, many with service lives far surpassing that of competing systems.
Cost-Effective for the Long Term
A broad range of products can fit most project budgets — but our energy-efficiency and maintenance solutions can also help you ensure cost-effective ownership and operation for the long term.
ATTACHMENT A
EXHIBIT A
554
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
VALUE ADD
DRYVIT—MODULITE™ PREFABRICATED PANEL SYSTEMS
One Point of Contact
Our products and systems are backed by industry-leading warranties — all from a single point of contact. We can also help with everything from asset
management to diagnostics to installer training.
Any Look You Want
A wide range of colors and finishes like brick, granite, metals, stucco and more provide maximum flexibility in
your façade aesthetic.
Avoid Labor Shortage Problems
Pre-fabricated Dryvit panels can help address ongoing
shortages in the skilled labor force—while simultaneously maximizing quality control.
Better Insulated
Industry-leading Outsulation
® continuous insulation
means efficient construction and operation, and will
exceed strict energy codes for insulation.
Leading Edge Sustainability
Our building solutions help you reduce waste, and meet
green building standards like Net Zero, Living Building Challenge, Passive House and more.
Fedderlite® /
Fedderlite® M
Prefabricated
Exterior Wall
Insulation and
Finish Systems
for Use over
Solid Substrates
Metalite
®
Prefabricated
Panelization
System Installed
over a Proprietary
Light-Gauge
Metal Pan
Outsulite
® / Outsulite®
Exoair® 430
Industry-Leading
Panel Systems with
Dryvit Outsulation and
an Air/Water Resistive
Barrier
ATTACHMENT A
EXHIBIT A
555
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
VALUE ADD
PREBUCK—ENGINEERED FRAMING SYSTEMS
A new era has arrived. A construction revolution:
strength and quality combined with speed and efficiency.
Prebuck technology now offers the strongest, fastest,
and smartest construction solutions available. Save
time and money while building superior durability into
every project.
Specifically designed for direct contact with concrete
and non-corrosive to metals, Prebuck products feature
TimberStrand Strandguard (LSL) engineered lumber
treated with zinc borate for exceptional resistance to
insects and decay. Prebuck products also feature MDI
resin, the 100% waterproof bonding agent that turns to
a durable plastic when cured.
Combine these quality components with Prebuck’s
advanced engineering and you’re guaranteed the most
efficient construction technology available today.
BENEFITS FOR RESIDENTIAL AND COMMERCIAL
CONSTRUCTION
•
Designed for direct cont
act with concrete
• Non corrosive t
o metals
• Resistant t
o insects and decay
• Will not delaminate, become spongy, or l
ose fastener
holding strength when exposed in typical commercial
construction.
• Will not cup, warp or twist ov
er time
• Engineered consistent, flat,
s
table framing material
• LSL bending strength
minimizes need for internal
br
acing before concrete
pour
ATTACHMENT A
EXHIBIT A
556
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
VALUE ADD
PREBUCK—ENGINEERED FRAMING SYSTEMS
Parapet Cap
Prebuck engineered solutions for your parapet blocking allow the contractor to leverage the speed and efficiency of custom designed components. On new construction or renovations Prebuck solutions provides sustainable and dependable results to extend the life of your structure.
•
Laser straight, will not curl, cup, or
warp
• Can be installed by f
ewer employees
saving labor costs
• Colored coded f
or easy placement
• Counter sunk holes to hide f
asteners
• Customizable
• Designed for direct contact with
c
oncrete
• Insect and fungus resistant
• Environmentally friendl
y
• Contributes to LEED points
Window & Door Buck
Offers the contractor, owner and design community an engineered solution for punched openings. Produced with 1-½” (38 mm thick, treated Laminated Strand Lumber (LSL), Gives the rough frame of the opening stable support for glazing and finish components. A cast in place version integrates a dual keyway design to assure a secure interface from concrete to finishes.
•
Self aligns on the wall for easy
ins
tallation
• Will not delaminate, become spongy, or
l
oosen fastener strength
• Colored coded f
or easy placement
• Will not curl, twist, cup, or warp
• Customizable
• Designed for direct contact with
c
oncrete
• Insect and fungus resistant
• Environmentally friendl
y
• Contributes to LEED points and NAHB
Gr
een Building Certified
Wet-Set Sill
Produced with 1 ½” (38 mm) thick, treated Laminated Strand Lumber (LSL) our sill solution is produced straight and stays straight. Our sill plate solution is designed to fit ICF wall widths and using our oblong countersunk holes lets the contractor set the sill plate the same day they pour the walls.
•
LSL bending strength minimizes need
for int
ernal bracing before concrete
poor
• Will not delaminate, become spongy, or
l
oosen fastener strength
• Oblong counter
sunk opening
• Will not curl, twist, cup, or warp
• Designed for direct contact with
c
oncrete
• Non-corrosive t
o metals
• Insect and fungus resistant
• Environmentally friendl
y
• Contributes to LEED points and NAHB
Gr
een Building Certified
ATTACHMENT A
EXHIBIT A
557
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
Willseal offers best-in-class pre-compressed and acrylic- impregnated foam products for horizontal and vertical
joint applications. Tremco’s industry-leading joint sealants, polyurethane-methacrylate technology, pre-formed
extrusions and gun-grade foams.
With a wide variety of pre-compressed, acrylic-impregnated foams, pre-formed extrusions, monolithic Polyurethane
Methacrylate and gun-grade foams, Willseal and Tremco
have the ideal solution for any expansion joint or transition sealant project.
Whether you require traffic-grade horizontal, color-
matched vertical, 2 to 3 hour fire-rated, seismic capabilities, waterproof, soundproof, dust-proof or airtight seals, you’ll find a variety of options in the following pages.
All products, however, feature unmatched quality and
durability, excellent +/- movement capabilities, and
innovative, streamlined installations designed to help create safer, greener, high-performance structures. For over
110 combined years, our products have been continuously specified and installed on thousands of new construction and restoration projects worldwide.
Willseal products are designed for maximum waterproofing, thermal, sound, and air-tightness to meet global passive housing standards and feature superior durability, excellent +/- movement capabilities, and streamlined installation.
MARKETS SERVED
•
Commercial
construction
• Industrial /
manufacturing
•
Educational and
institutional
•
Infrastructure and DO
T
• Residential construction
• Stadiums and arenas
• Parking facilities
• Medical facilities
• Fire protection
VALUE ADD
WILLSEAL—EXPANSION JOINT SYSTEMS
JOINT APPLICATIONS:
• Traffic-grade horizont
al joints
• Primary vertical joints
• Curtain walls, windows, &
flashing
• Control, longitudinal and
trans
verse joints
• Dryvit® and exterior panel
system joints
• Pre-cast c
oncrete & built-up
walls
• Fire-rated joint
s
• Seismic, large & retrofit joint
s
• Below-grade applic
ations
ATTACHMENT A
EXHIBIT A
558
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
Stonhard, a subsidiary of our parent company
RPM International, is the unprecedented leader
in manufacturing and installing high performance
floors. Joining form and function, our floors are the
dependable go-to choice for tough manufacturing
environments, while still honoring innovative design for commercial environments.
From specifications and design to final walkthrough, you work with us directly. For a century we’ve been delivering proven, single-source service, covering both your
products and installation.
Stonhard is committed to manufacturing and installing
quality, seamless products that protect, maintain and
enhance industrial and commercial environments.
Quality From Start to Finish
With a century in business, Stonhard is the
unprecedented leader in manufacturing and installing
high performance epoxy and urethane floor, wall and
lining systems.
Manufacture & Install
We work with you directly—formulating and installing
long-term floor, wall and lining system solutions.
Perform & Protect
Chemical, slip, and stain resistant epoxy, urethane and MMA floors protect work environments from chemical
VALUE ADD
STONHARD
attack, impact, abrasion, thermal cycling, along with daily wear and tear.
Define & Design
Market specific color collections, tailor-made logos, custom colors and textures that dignify great design.
Sustainability.
Green is nothing new for Stonhard. For over 30 years,
Stonhard has been an innovator in sustainable products.
Since June of 2005, through recycling efforts, Stonhard has prevented 92.7% of all returned material, including discontinued and obsolete products from going into the
waste stream. Stonhard’s unique packaging prevents over
4.8 million one gallon pails and quart cans from being
dumped into landfills annually.
OUR FACILITIES ARE GREEN
Stonhard has eliminated the use of chromic oxide (a
chromium compound) as a green pigment in several
Stonhard aggregate products, which has made these
products environmentally friendly (non-hazardous).
NEW PRODUCT DEVELOPMENT
Over 90% of new product development and reformulation
efforts have been geared to water-based urethanes or 100% solid epoxy-based chemistry. This effort not only provides safer floor and coating products to both industrial and commercial markets, it also reduces hazardous waste.
ATTACHMENT A
EXHIBIT A
559
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
VALUE ADD
FLOWCRETE TREMFLOOR™ URETHANE CEMENT FLOORING
TREMfloor™ Urethane Cement: Anti-Microbial
Cementitious Urethane Flooring
Proving that a building is able to meet a high standard of hygiene is essential in many sectors, especially
contamination-sensitive settings such as the food and
beverage, pharmaceutical and electronics industries.
TREMfloor™ is a leading line of Hazard Analysis and Critical Control Point (HACCP) International-certified, antimicrobial- treated cementitious urethane flooring systems for use in a wide variety of these, and other, applications.
The key aspects of TREMfloor that make it an ultra-hygienic flooring system include its seamless, impervious, highly durable nature combined with its ability to incorporate coving and stainless steel drainage. TREMfloor even includes the natural silver-ion based antibacterial agent Polygiene
®,
which has been proven to meet the ISO 22916 standard.
While initially designed for the food and beverage industry, many other sectors such as healthcare are turning to
HACCP International-certified building materials, as they need systems that can create a highly-sanitary working
environment, able to withstand difficult working conditions.
Products
TREMfloor Urethane
Cement HF (1/4”)
A HACCP International
certified urethane cement
system with a textured
semi-gloss finish, ideal for
wet environments prone to
spills.
ATTACHMENT A
EXHIBIT A
560
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
TREMfloor Urethane
Cement RT (1/4”)
A HACCP certified
urethane cement system
with a textured matte
finish, ideal for areas
where high performance is
a requirement.
TREMfloor Urethane
Cement SR (1/4”)
A HACCP certified urethane
cement system with a
textured matte finish, ideal
for wet areas.
TREMfloor Urethane
Cement MF (3/16”)
A HACCP International
certified urethane cement
system with a matte finish.
TREMfloor Urethane
Cement SL (1/8”)
A HACCP International
certified urethane cement
system with a smooth matte
finish. Broadcast and seal
for wet areas as well.
TREMfloor Urethane
Cement Cove
A HACCP certified urethane
cove mortar system,
for any TREMfloor™
flooring system. Provides
a seamless, hygienic
transition between the floor
and wall.
VALUE ADD
FLOWCRETE TREMFLOOR™ URETHANE CEMENT FLOORING
ATTACHMENT A
EXHIBIT A
561
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
VALUE ADD
PUMA TECHNOLOGY SYSTEMS
Vulkem® EWS Traffic Coatings and TREMproof®
Below-Grade Waterproofing Membranes with Tremco
Polyurethane-Methacrylate (PUMA) Technology
These systems feature superior durability and abrasion
resistance, exceptional crack-bridging, tenacious adhesion and fast cure — opening to traffic in as little as one hour after installation. Tremco PUMA technology systems can be applied in temperatures as low as 14
o
F (-10
o
C).
• Tremco PUMA Primer - A methyl-methacrylate (MMA), two- component primer for por
ous and non-porous substrates.
• TREMprime® VB - A two-component, epoxy
-based solvent-
free vapor barrier primer for concrete surfaces.
• Tremco PUMA Initiat
or+ - A reactive catalyst in the form of a
white powder used to cure all resins of Vulkem® EWS and TREMproof® PUMA.
•
Tremco PUMA BC - A pol
yurethane-methacrylate (PUMA) base
coat that bonds firmly to Tremco PUMA Primer and retains its integrity regardless of substrate movement up to 1/16”.
Available in self-leveling, roller, trowel and low-modulus grade. •
Tremco PUMA Flashing - A pol
yurethane-methacrylate (PUMA)
base coat that bonds firmly to Tremco PUMA Primer, and is compatible with Tremco’s TREMproof® 6100.
•
Tremco PUMA W
C - A polyurethane-methacrylate (PUMA)
wear coat, loaded with aggregate to give the system excellent impact, abrasion and chemical resistance.
•
Tremco PUMA Fill
er Powder - A non-reactive, white, filler
powder used to thicken Tremco PUMA WC.
• 16 to 20 mesh silica sand, col
or quartz, aluminum oxide
(bauxite) - Used in conjunction with PUMA Primer, PUMA WC and PUMA TC. (Supplied by others.)
•
Tremco PUMA T
C - A methyl-methacrylate (MMA) top coat that
offers excellent abrasion resistance, UV stability and chemical resistance system. Available in variety of colors.
Components of Vulkem® EWS traffic coating systems, and
TREMproof® PUMA below-grade waterproofing systems.
ATTACHMENT A
EXHIBIT A
562
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
VALUE ADD
PUMA TECHNOLOGY SYSTEMS
HELIPAD SYSTEM
Durable Solution with Custom Color
Options
Vulkem EWS is an optimal solution
for helipads. Vulkem EWS is a cold-
applied, traffic deck coating system
designed for waterproofing concrete
slabs and protecting occupied areas
underneath from water damage.
DECORATIVE WATERPROOFING
SYSTEM
Aesthetically Appealing Solution with
Extreme Durability
Ideal for pedestrian walkways,
balconies, deck and plaza common
areas—can match any aesthetic with
a variety of UV-stable aggregate or
chips.
HYBRID SYSTEM: URETHANE
Vulkem Urethanes for Driving Lanes
and Parking Stalls
Our hybrid system incorporates
Vulkem EWS for extreme-wear
areas such as helical turns, ramps
and ticket spitters — with Vulkem
Polyurethane Vehicular Systems for
drive lanes and parking stalls.
VEHICULAR SYSTEM
Parking Structures, High-Wear Turn
and Drive Lanes, Helical Turns,
The ideal system for parking
structures, high-wear turn and drive
lanes, helical turns, ramps and ticket
spitters. Protects from the damaging
effects of chloride, deicing salts,
chemicals, gasoline, oils and anti-
freeze.
HYBRID SYSTEM: EWS
For Helical Turns, Ramps and Ticket
Spitters
Our hybrid system incorporates
Vulkem EWS for extreme-wear
areas such as helical turns, ramps
and ticket spitters — with Vulkem
Polyurethane Vehicular Systems for
drive lanes and parking stalls.
PEDESTRIAN SYSTEM
Stadiums, Balconies and Pool Decks
A cold-applied system ideal for
stadiums, balconies and pool decks—
protecting concrete below from the
damaging effects of chloride, deicing
salts, chemicals, gasoline, oils, anti
freeze and more.
ATTACHMENT A
EXHIBIT A
563
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremco.com
THANK YOU
FOR THE OPPORTUNITY TO PROPOSE ON THIS PROJECT
ATTACHMENT A
EXHIBIT A
564
REV 2025-06-04
Exhibit B:
Insurance Requirements
(Roofing)
C
ontractor shall procure and maintain for the duration of the contract, and for five (5) years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.
MIN
IMUM SCOPE AND LIMIT OF INSURANCE
C
overage shall be at least as broad as:
1. C
ommercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. A
utomobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
3. W
orkers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4 . Surety Bonds as described below.
I
f the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Self -Insured Retentions
S
elf-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by
ATTACHMENT A
EXHIBIT B
565
REV 2025-06-04
either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.
The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
O
ther Insurance Provisions
T
he insurance policies are to contain, or be endorsed to contain, the following provisions:
1. T
he City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor.
General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
2. F
or any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
3. E
ach insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Claims Made Policies – (Professional & Pollution only)
If any coverage required is written on a claims-made coverage form:
ATTACHMENT A
EXHIBIT B
566
REV 2025-06-04
1. T
he retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. I
nsurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. I
f coverage is cancelled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A
copy of the claims reporting requirements must be submitted to the City of Stockton for review.
5. I
f the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Umbrella or Excess Policies
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City of Stockton.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsement that may be necessary to affect this
ATTACHMENT A
EXHIBIT B
567
REV 2025-06-04
waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
C
ontractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years
after completion of the contract of work .
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. B
id Bond
2. P
erformance Bond
3. P
ayment Bond
4. M
aintenance Bond
ATTACHMENT A
EXHIBIT B
568
REV 2025-06-04
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
C
ertificate Holder Address
T
he address for mailing certificates, endorsements and notices shall be:
C
ity of Stockton
Its Officers, Officials, Employees and Volunteers
425 N El Dorado Street
Stockton, CA 95202
ATTACHMENT A
EXHIBIT B
569
WEATHERPROOFING TECHNOLOGIES, INC.
CPN CONTRACT # CA-R230404-319719
Effective Date: 11/01/2023
CONFIDENTIAL
Name CITY OF STOCKTON
Description MUD METAL ROOF RETROFIT-MUD BLDG
Quote # 5063300
Date 2/27/2026
Line Item # Description Unit of Measure Unit Price Quantity Project Amount VA217 General Laborer (Mobilization & Demobilization) Hour 164.66$ 60 9,879.60$ VA77 Sweep loose aggregate, debris from Substrate SF 0.49$ 15,356 7,524.44$ VA72 Installation of new Polyisocyanurate insulation
VA72a Mechanically attached BF 1.88$ 11,517 21,651.96$
19 CDX Gypsum, 1/4" x 4' x 8'
19a Mechanically attached SF 1.13$ 15,356 17,352.28$
VA211
Installer (FLASHINGS, PIPE BOOTS, PITCH POCKET,
NAILER, PUMA SCOPE) Hour 187.11$ 280 52,390.80$
SUBTOTAL 108,799.08$
VA121 Multiplier for roofs less than 20,000 square feet % 15% 108,799.08$ 16,319.86$ 47g Difficult access or fall restriction; surcharge % 15% 108,799.08$ 16,319.86$ 505215 501 TPA ACCESSORY LARGE BOOTS CS 1,118.43$ 1 1,118.43$ 550220 503 TPA UNIVERSAL CORNERS WHITE/GRAY CS 472.52$ 1 472.52$ 505210 501 TPA ACCESSORY SMALL BOOTS CS 984.91$ 1 984.91$ 505262 503 TPA 60 MIL PERIMETER SHEET 39" X 90' ROLL 1,659.44$ 14 23,232.16$ 505240A 503 TPA 45 MIL COVER STRIP 6" x 108' ROLL 343.33$ 1 343.33$ 505255WG503 TPA 55 MIL UNREINFORCD 24" X 30' WHT/GRY ROLL 765.56$ 1 765.56$ 505415 503 TPA WALKWAY ROLL 72 MIL GRAY 3' x 60' ROLL 1,361.19$ 1 1,361.19$ 351910 802 ALPHAGUARD PUMA TOP COAT WHITE EA 599.10$ 6 3,594.60$ 48a
Additional and occasional services Roofing supplies Discount off Retail Price List % 13.3%
VA208 Building/Construction Manager Hour 218.76$ 22 4,812.72$ 46t
Project site is located 65 or more miles from the
contractor's/subcontractor's yard/home location. SF 2.11$ 15,356 32,401.16$ Termination bar & pitch pockets LS 1,700.00 $ 1 1,700.00$ VA123 Multiplier - Construction Distributor Material for Repair Work Multiplier 1.15 1,700 1,955.00$
VA27 20 Year Replacement Warranty Over 10,000 Feet,
Inspections in Year 2, 5, 10 and 15 (no maintenance) SF 0.16$ 15,356 2,456.96$ 48d Multiplier/factor to be applied to the R.S. Means costs. % 93% 216,456.60$ 201,304.64$ SUBTOTAL 416,241.98$
FREIGHT PREPAID & ADD: N/A
57b Performance and payment bond - bonding rate (percent of project) % 0.40% 1,664.97$
TOTAL PROJECT COST 417,906.95$
*The pricing contained in this proposal is based in part on site- specific conditions and unique circumstances presented on each individual project as per Contract #R230404.
This price is valid for 60 days. After that time, project conditions are subject to reassessment.
ATTACHMENT A
EXHIBIT C
570
BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:
That
we, WEATHERPROOFING TECHNOLOGIES, INC. , a STATE OF OHIO CORPORATION, as Principal and ,a
corporation, organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the S tate of California, as obligee, in the just and full sum of FOUR HUNDRED S EVENTEEN THOUSAND NINE HUNDRED SIX AND 95/100 DOLLARS ($417,906.95), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Sure ty bind themselves, their successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that the above bounded Principal has simultaneously entered into a contract with the CITY, to do and perform the following work, to wit:
REGIONAL WASTEWATER CONTROL FACILITY MAINTENANCE BUILDING ROOF
REPLACEMENT
(PROJECT NO. UW26007)
NOW, THEREFORE, if the above bounde d Principal, CONTRACTOR, Company or
Corporation or its subcontract or, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void ; otherwise to remain in full force and effect.
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of the said CITY shall operate to relieve any Surety or Sureties from liability on this bond, 571
and consent by said Surety is hereby given, and the said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
SIGNED AND
SEALED on
APPROVED AS
TO SURETY: By:
P R I N C I P A L
S U R E T Y
APPROVED AS TO FORM & CONTENT:
MARCI A. ARREDONDO
OFFICE OF THE CITY ATTORNEY
B y :
A T T O R N E Y - I N - F A C T
B y
:
CITY ATTORNEY
572
BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:
That we, WEATHERPROOFING TECHNOLOGIES, INC. , a STATE OF OHIO CORPORATION, as Principal and , corporation,
organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of Californi a, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, fo r or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all per sons, c ompanies, or c orporations rent ing or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of FOUR HUNDRED SEVENTEEN THOUSA ND NINE HUNDRED SIX AND 95/100 DOLLARS ($417,906.95) in lawful m oney of the United Stat es of America (being 100% of the contract price) for the payment whereof well and truly to be made to said CITY and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligations is such that the above bounden Principal has simultaneously entered into a contrac t of even date herewith, wit h the CITY, to do and perform the following work, to-wit:
REGIONAL WASTEWATER CONTROL FACILITY MAINTENANCE BUILDING ROOF
REPLACEMENT
(PROJECT NO. UW26007)
NOW, THEREFORE, if the abov e bounden Principal, CO NTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials, provisions, provender, or other supplies , or team s, us ed in, upon, for or about the performance of the work 573
contracted to be done, or for any work or la bor done thereon of any kind, the Surety on this bond will pa
y the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and pr oceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract or in said plans or specifications agreed to between the said CONTRACTOR and the said CI TY and no forbearance on the part of the said CITY shall operate to relieve any sure ty or sureties from liability on this bond, and consent to make such alterations without further notice to or consent by any such surety is hereby given, and the said sureties hereby waive the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
S I G N E D A N D S E A L E D o n .
APPROVED AS
TO SURETY: By:
P R I N C I P A L
S U R E T Y
APPROVED AS TO FORM & CONTENT:
MARCI A. ARREDONDO
OFFICE OF THE CITY ATTORNEY
B y :
A T T O R N E Y - I N - F A C T
B y
:
CITY ATTORNEY
574
City of Stockton
Legislation Text
File #: 26-0307, Version: 1
APPROVE MOTION TO AUTHORIZE COOPERATIVE PURCHASE AGREEMENTS FOR THE
PURCHASE OF THREE FIRE APPARATUSES AND ONE BEARCAT
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
2. Approve the use of a Cooperative Purchase Agreement through Sourcewell, Contract No. 082025-PMI, in the amount of $2,035,948.10, with Pierce Manufacturing, Inc., through an affiliated vendor, Golden State Fire Apparatus of Sacramento, CA, for the purchase of two fire engines.
3. Approve the use of a Cooperative Purchase Agreement through Helping Governments Across the Country Buy, Contract No. FS12-23, in the amount of $652,365.69, with BME Fire Trucks, through an affiliated vendor, Golden State Fire Apparatus of Sacramento, CA, for the purchase of one wildland fire engine.
4. Approve the use of a Cooperative Purchase Agreement through US General Services Administration, Contract No. GS-07F-169DA, in the amount of $443,361, with Lenco Industries, Inc. of Pittsfield, MA, for the purchase of one police tactical response bearcat.
5. Authorize the City Manager to execute three Cooperative Purchase Agreements, in the total amount of $3,131,674.79, with Golden State Fire Apparatus and Lenco Industries, Inc., for the purchase of three fire apparatuses and one bearcat.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Summary
Public Works is responsible for maintaining the City’s fleet of vehicles and equipment.
The City utilizes a 15-year frontline and a five-year reserve heavy fire vehicle replacement plan to provide a sustainable, reliable, and cost-effective fleet of heavy fire equipment that aligns with industry standards. Staff recommends the replacement purchase of two fire engines, one police tactical response bearcat, and the addition of one wildland fire engine (Attachment A).
Sourcewell, Helping Governments Across the Country Buy (HGAC), and the US General Services City of Stockton Printed on 4/9/2026Page 1 of 3
powered by Legistar™
575
File #: 26-0307, Version: 1
Administration (GSA) provide Cooperative Purchase Agreements (COOPs) to simplify the procurement process for public agencies and to take advantage of volume purchasing. Use of COOPs streamlines administrative costs and procedures while maintaining the integrity of the competitive bidding process. The specifications for the equipment available through these contracts meet the City’s requirements for their equipment type.
It is recommended that Council approve a motion authorizing the City Manager to execute three COOPs through Sourcewell, HGAC, and GSA, for the purchase of three fire apparatuses and one bearcat, in the total amount of $3,131,674.79 (Attachments B, C, and D).
DISCUSSION
Background
Public Works is responsible for maintaining the City’s fleet of vehicles and equipment. The City utilizes a 15-year frontline and a five-year reserve heavy fire vehicle replacement plan to provide a sustainable, reliable, and cost-effective fleet of heavy fire equipment that aligns with industry standards. The National Fire Protection Association Standards for Fire Department Apparatus (NFPA 1901) suggests that replacement cycles for busy fire fleets be evaluated based on call volume, maintenance costs, safety, and required technology updates. The industry standard is between 12 to 20 years for frontline response units, depending on local conditions, community demand, engine hours, miles driven, and maintenance costs.
On January 27, 2026, Fire Department staff identified a need to enhance wildfire response in and around Stockton by augmenting our current Type 1 fire engine fleet with one Type 3 wildland fire engine. Type 3 engines are specifically designed for wildland and wildland-urban interface incidents and are equipped with four-wheel drive, higher ground clearance, and a pump-and-tank configuration suitable for off-road and remote operations. By Resolution No. 2026-01-27-1206, Council approved a carry-forward appropriation for the Stockton Fire Department, allowing them to use the funds to procure new equipment.
For the majority of specialized heavy equipment, including the current police tactical response bearcat, the City utilizes a 15-year life cycle for performance and efficiency. Adherence to this standard replaces equipment before routine failures and breakdowns are experienced, reducing the demand for extensive mechanical repairs. The replacement standard increases the resources available for preventive maintenance and is critical to the availability and performance of all fleet equipment, including public safety and emergency response vehicles. Fleet staff identified two fire engines and one police tactical response bearcat that exceed the age and/or mileage criteria or have recurring mechanical or operational problems (Attachment A).
Present Situation
Sourcewell, HGAC, and GSA provide COOPs to simplify the procurement process for public agencies and to take advantage of volume purchasing. Use of COOPs streamlines administrative costs and procedures while maintaining the integrity of the competitive bidding process. The specifications for the equipment available through these contracts meet the City’s requirements for their equipment type.
City of Stockton Printed on 4/9/2026Page 2 of 3
powered by Legistar™
576
File #: 26-0307, Version: 1
It is recommended that Council approve a motion authorizing the City Manager to execute three COOPs, in the total amount of $3,131,674.79, for the purchase of two fire engines in the amount of $2,035,948.10 from Golden State Fire Apparatus of Sacramento, CA (Attachment B), one wildland fire engine in the amount of $652,365.69 from Golden State Fire Apparatus of Sacramento, CA (Attachment C), and one police tactical response bearcat in the amount of $443,361 from Lenco Industries, Inc. of Pittsfield, MA (Attachment D). The equipment being replaced will be removed from the fleet and sold at public auction.
Findings
Pursuant to Stockton Municipal Code section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. These findings include:
1. Sourcewell established a COOP with Pierce Manufacturing, Inc., through an affiliated vendor, Golden State Fire Apparatus, to provide access to preferential pricing of fire apparatuses and equipment.
2. HGAC established a COOP with BME Fire Trucks, through an affiliated vendor, Golden State Fire Apparatus, to provide access to preferential pricing of fire apparatuses and equipment.
3. GSA established a COOP with Lenco Industries, Inc. to provide access to preferential pricing of tactical police vehicles and equipment.
4. The COOPs with Pierce Manufacturing, Inc., BME Fire Trucks, and Lenco Industries, Inc. were established pursuant to formal competitive bidding processes conducted by Sourcewell, HGAC, and GSA on behalf of its governmental members, of which the City is one.
5. Taking advantage of the leveraged procurement agreements negotiated by Sourcewell, HGAC, and GSA will save the administrative expense of City staff conducting separate procurements.
6. The specifications for the replacement equipment available through the Sourcewell, HGAC, and GSA contracts meet the City’s requirements for their equipment type.
FINANCIAL SUMMARY
There are sufficient funds available in the Fleet Internal Service Fund, Equipment Acquisition Account, for the purchase of two fire engines and one police tactical response bearcat in the amount of $2,479,309.10, and the Fire Department General Fund, Equipment Acquisition Account, for the purchase of one wildland fire engine in the amount of $652,365.69, for a total amount of $3,131,674.79.
Attachment A - Equipment Replacement List
Attachment B - COOP with Golden State Fire Apparatus
Attachment C - COOP with Golden State Fire Apparatus
Attachment D - COOP with Lenco Industries, Inc.
City of Stockton Printed on 4/9/2026Page 3 of 3
powered by Legistar™
577
UNIT YEAR MAKE MODEL CLASS DEPT DIVISION PURCHASE ACCOUNT TOTAL DEALER 5701 2023 PIERCE ENFORCER Heavy
Fire Fire Suppression 4530-718-800004-500-000-00-45-000-000 $1,017,974.05 Golden State
5390 2013 PIERCE ARROW Heav y
Fire Fire Suppression 4530-718-800004-500-000-00-45-000-000 $1,017,974.05 Golden State
ADD Heavy
F
ire Fire Suppression 4020-000-800004-100-000-20-40-000-000 $652,365.69 Golden State
3874 2012 FORD BEARCAT Heavy
Police Police Patrol 4530-718-800004-500-000-00-45-000-000 $443,361.00 Lenco
Industries,
Inc.
ATTACHMENT A
578
\5cITYOF
STOCKTON COOPERATIVE/PIGGYBACK PURCHASE AGREEMENT
AGREEMENT SUMMARY:
1. Cooperative/Piggyback
Name:
2. Contractor:
3. Cooperative Agency
Agreement Name and
Agreement Number:
4. Cooperative Agency
Agreement Term:
5. Cooperative Agency's
Agreement-Options to
extend:
6. Cooperative Agency
Amended Term:
7. Cooperative Agency
Remaining Options to
Renew:
8. _City of Stockton
Cooperative Purchase
Agreement Term:
Initial
9. City of Stockton
Cooperative/ Piggyback
Purchase Agreement
Amount:
(Rev. 1.14.2026)
Sourcewell
Golden State Fire Apparatus of Sacramento, CA
Pierce Manufacturing, Fire Apparatus and
Fire Service Vehicles, 08
2025-PMI
Up to three (3) additional one-year extensions
N/A
Up to three (3) additional one-year extensions
Start Date: Upon Execution
End Date: December 8 , 202
9 Not to Exceed $ 2,035,948.10
for the term of the Agreement.
Start Date: February 6, 2026
End Date: December 8, 2029
ATTACHMENT B
579
AGREEMENT
The City of Stockton, a California municipal corporation on behalf of itself and its associated entities ("City"), and the above-named Contractor ("Contractor"), do hereby agree that City shall be granted the pricing, terms, and conditions under the above referenced Pierce Manufacturing, Fire Apparatus and Fire Service Vehicles, 0 82025- PMI ("COOP") as such may be amended from time to time. The COOP and associated documents referenced in the agreement are incorporated herein as Exhibit A to this City
Cooperative/Piggyback Purchase Agreement ("Agreement").
Contractor
shall grant such pricing, terms, and conditions to City for all procurements of goods and services, whether taking place on a City purchase order, purchasing card (credit card), or other purchasing modality, whether via telephone, via the Contractor website, or
via direct purchase at a Contractor retail location.
1. Agreement Term: The Term of this Agreement shall remain in effect from date of the signing of this Agreement through December 8, 2029 unless terminated earlier by
the City.
If the Cooperative/Piggyback agency extends the COOP with Contractor by a written amendment, the City has the option to extend the term of t he Agreement up to three (3)
additional one year extensions by written amendment not to go beyond the term stated in the COOP fully executed amendment.
2. Insurance and Hold Harmless: In addition to the pricing, terms and conditions stated in the COOP and the associated documents incorporated herein as Exhibit A, Contractor shall, at Contractor's sole cost and expense and for the full term of the Agreement or any extension thereof, o
btain and maintain at least all the insurance
requirements listed in attached Exhibit B.
To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor's performance of work hereunder or its failure to comply with any of its obligations contained in the agreement,
except such loss or damage which was caused by the sole negligence or willful misco�duct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this Agreement. These obligations
shall survive the completion or termination of this
Agreement.
3. Compensation: City and Contractor do hereby enter into this Agreement for the purchase of two fire engines available in the above-named COOP and associated documents incorporated herein as Exhibit A and referenced in the attached quote Exhibit C. In no way, shall payment to the Contractor during the term of this Agreement exceed $2,035 ,948.10, for the purchase of two fire engines. Any person signing this Agreement on behalf of City or Contractor d
oes warrants that he or she has full authority to
do so.
(Rev. 1.14.2026)
ATTACHMENT B
2 of 42
580
ATTACHMENT B
4. Governing Law. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.
5. Applicable Law. Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
This Agreement may be amended only by a written amendment, consistent with the COOP, signed by Contractor and City.
CITY OF STOCKTON
Johnny Ford, City Manager
Date: ______ _
ATTEST:
Katherine Roland, CMC, CPMC, City Clerk
APPROVED AS TO FORM:
Marci A. Arredondo, City Attorney
Print name
(Rev. 1.14.2026)
Title:
TUS
Print' name
/J,.-e5;d.ui -I-
[If Contractor is a corporation, signatures must
comply with Corporations Code §313]
Title: &e{Jrtfalf �
581
Oshkosh Corporation Classification - Restricted
MASTER AGREE
MENT # 082025
CATEGORY: Firefighting Apparatus and Fire Service Vehicles SUPPLIER: Pierce Manufacturing Inc. an Oshkosh Corporation Business This Master Agr
eement (Agreement) is between Sourcewell, a Minnesota service cooperative located at 202 12th Street Northeast, P .O. Box 219, Staples, MN 56479 (Sourcewell) and Pierce Manufacturing Inc. an Oshkosh Corporation Business, 2600 American Drive, Appleton, WI 54914 (Supplier), as well as Supplier’s divisions, Oshkosh Airport Products and Frontline Communications, as defined in the Proposal.
Sourcewell is a lo
cal government and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) offering a Cooperative Purchasing Program to eligible participating government entities.
Under this Maste
r Agreement entered with Sourcewell, Supplier will provide Included Solutions to Participating Entities through Sourcewell’s Cooperative Purchasing Program.
Article 1:
Ge
neral Terms
The General
Terms in this Article 1 control the operation of this Master Agreement between Sourcewell and Supplier and apply to all transactions entered by Supplier and Participating Entities. Subsequent Articles to this Master Agreement control the rights and obligations directly between Sourcewell and Supplier (Article 2), and between Supplier and Participating Entity (Article 3), respectively. These Article 1 General Terms control over any conflicting terms. Where this Master Agreement is silent on any subject, Participating Entity and Supplier retain the ability to negotiate mutually acceptable terms. 1) Purpose. Pursuant t
o Minnesota law, the Sourcewell Board of Directors has authorized a Cooperative Purchasing Program designed to provide Participating Entities with access to competitively awarded cooperative purchasing agreements. To facilitate the Program, Sourcewell has awarded Supplier this cooperative purchasing Master Agreement following a competitive procurement process intended to meet compliance standards in accordance with Minnesota law and the requirements contained herein.
2) Intent. The int
ent of this Master Agreement is to define the roles of Sourcewell, Supplier, and Participating Entity as it relates to Sourcewell’s Cooperative Purchasing Program. 3) Participating
Entity Access. Sourcewell’s Cooperative Purchasing Program Master Agreements are available to eligible public agencies (Participating Entities). A Participating Entity’s authority to access Sourcewell’s Cooperative Purchasing Program is determined through the laws of its respective jurisdiction.
4) Supplier Ac
cess. The Included Solutions offered under this Agreement may be made available to any Participating Entity. Supplier understands that a Participating Entity’s use of this Agreement is at the Participating Entity’s sole convenience. Supplier will educate its sales and service forces about Docusign Envelope ID: 54AC361B-EA37-4256-88FA-9FFA0953E9B9
EXHIBIT A
ATTACHMENT B
4 of 42
v052824
582
Oshkosh Corporation Classification - Restricted
Sourcewell eligibility requirements and required documentation. Supplier will be responsible for ensuring sales are with Participating Entities.
5) Term. This Ag
reement shall have in initial term which begins on February 6th, 2026, and ends with an approximate four (4) year term, on December 8, 2029 (the “Initial Term”) unless it is cancelled or extended as defined in this Agreement.
a) Extension
s. Sourcewell and Supplier may agree to up to three (3) additional one-year extensions beyond the Initial Term. The total possible length of this Agreement will be seven (7) years from the effective date.
b) Excep
tional Circumstances. Sourcewell retains the right to consider additional extensions as required under exceptional circumstances.
6) Survival
of Terms. Notwithstanding the termination of this Agreement, the obligations of this Agreement will continue through the performance period of any transaction entered between Supplier and any Participating Entity before the termination date. 7) Scope. S
upplier is awarded a Master Agreement to provide the solutions identified in (RFP #082025), Category 1: Structural Apparatus and Comprehensive Solutions, to Participating Entities. In Scope solutions include:
a. Category 1: Structural Apparatus and Comprehensive Solutions, including, but not limited to:
i. Pumper trucks, aerial trucks, tanker/tender or water supply trucks, and quints; ii. Equipment, options, accessories, components, and supplies complementary to the offering of the unit types described in i. above;
iii. Related services including installation, customization, remounting, refurbishment, inspection, maintenance, repair, training, and support, directly related to the offering in i. – ii. above; and,
iv. Category 1 responders MAY include complementary Specialty Apparatus and Equipment and Brush and Wildland Urban Interface (WUI) Apparatus solutions in their response.
8) Included Solutions. Supplier’s Proposal to the above referenced RFP is incorporated into this Master Agreement. Only those Solutions included within Supplier’s Proposal and within Scope (Included Solutions) are included within the Agreement and may be offered to Participating Entities. 9) Indefin
ite Quantity. This Master Agreement defines an indefinite quantity of sales to eligible Participating Entities.
10) Pricing. P
ricing information (including Pricing and Delivery and Pricing Offered tables, as well as pricing documentation included on the Sourcewell/Pierce website landing page) for all Included Solutions within Supplier’s Proposal is incorporated into this Master Agreement. 11) Not to
Exceed Pricing. Suppliers may not exceed the base prices listed in the current Pricing List on file with Sourcewell when offering Included Solutions to Participating Entities. Participating Entities may request adjustments to pricing directly from Supplier during the negotiation and execution of any transaction.
Docusign Envelope ID: 54AC361B-EA37-4256-88FA-9FFA0953E9B9
ATTACHMENT B
5 of 42
v052824
583
Oshkosh Corporation Classification - Restricted
12) Open M
arket. Supplier’s open market pricing process is included within its Proposal. 13) Suppli
er Representations:
i) Compliance. Supplier represents and warrants it will provide all Included Solutions under this Agreement in full compliance with applicable federal, state, and local laws and regulations.
ii) Licens
es. As applicable, Supplier will maintain a valid status on all required federal, state, and local licenses, bonds, and permits required for the operation of Supplier’s business with Participating Entities. Participating Entities may request all relevant documentation directly from Supplier.
iii) Supplier
Warrants. Supplier warrants that all Included Solutions furnished under this Agreement are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Supplier warrants the Solutions are suitable for and will perform in accordance with the ordinary use for which they are intended. 14) Bankrup
tcy Notices. Supplier certifies and warrants it is not currently in a bankruptcy proceeding.
Supplier has disclosed all current and completed bankruptcy proceedings within the past seven years within its Proposal. Supplier must provide notice in writing to Sourcewell if it enters a bankruptcy proceeding at any time during the term of this Agreement. 15) Force M
ajeure. Neither party to this Agreement 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 with prompt written notice of the default.
16) Debarm
ent and Suspension. Supplier 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 Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Agreement. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time during the term of this Agreement.
17) Provisi
ons for non-United States federal entity procurements under United States federal awards or other awards (Appendix II to 2 C.F.R § 200). Participating Entities that use United States federal grant or other federal funding to purchase solutions from this Agreement may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200.
Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Section, all references to “federal” should be interpreted to mean the United States federal government. The following list applies when a Participating Entity accesses Supplier’s Included Solutions with United States federal funds.
Docusign Envelope ID: 54AC361B-EA37-4256-88FA-9FFA0953E9B9
ATTACHMENT B
6 of 42
v052824
584
Oshkosh Corporation Classification - Restricted
i) EQUAL EMPLOYMENT OPPORTUNITY . Except as otherwise provided under 41 C.F.R. § 60, all agreements 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.
ii) DAVIS-BA
CON 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. Supplier must comply with all applicable Davis-Bacon Act provisions.
iii) CONTRA
CT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708).
Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies, 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 Agreement. Supplier certifies that during the term of an award for all Agreements by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
Docusign Envelope ID: 54AC361B-EA37-4256-88FA-9FFA0953E9B9
ATTACHMENT B
7 of 42
v052824
585
Oshkosh Corporation Classification - Restricted
iv) RIGHT
S TO INVENTIONS MADE UNDER A CONTRACT OR 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. Supplier certifies that during the term of an award for all Agreements by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. v) CLEAN A
IR 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). Supplier certifies that during the term of this Agreement it will comply with applicable requirements as referenced above.
vi) DEBAR
MENT 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.
Supplier 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.
vii) BYRD A
NTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers 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. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). viii) RECORD
RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
Docusign Envelope ID: 54AC361B-EA37-4256-88FA-9FFA0953E9B9
ATTACHMENT B
8 of 42
v052824
586
Oshkosh Corporation Classification - Restricted
ix) ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier 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.
x) BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier 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.
xi) ACCESS T
O RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.
xii) PROCURE
MENT 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.
xiii) FEDERAL S
EAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval. xiv) NO OB
LIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Agreement or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Agreement or any purchase by an authorized user. xv) PROGRAM
FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. § 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Agreement or any purchase by a Participating Entity.
xvi) FEDER
AL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.
xvii) CONF
LICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Agreement or any aspect related Docusign Envelope ID: 54AC361B-EA37-4256-88FA-9FFA0953E9B9
ATTACHMENT B
9 of 42
v052824
587
Oshkosh Corporation Classification - Restricted
to the anticipated work under this Agreement raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.
xviii) U.S.
EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism. xix) PROHIB
ITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Agreement it will comply with applicable requirements of 2 C.F.R. § 200.216. xx) DOMEST
IC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Agreement, Supplier will comply with applicable requirements of 2 C.F.R. § 200.322.
Article
2:
Sourcewell and Supplier Obligations
The Ter
ms in this Article 2 relate specifically to Sourcewell and its administration of this Master Agreement with Supplier and Supplier’s obligations thereunder. 1) Author
ized Sellers. Supplier must provide Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers which may complete transactions of Included Solutions offered under this Agreement. Sourcewell may request updated information in its discretion, and Supplier agrees to provide requested information within a reasonable time. 2) Product an
d Price Changes Requirements. Supplier may request Included Solutions changes, additions, or deletions at any time. All requests must be made in writing by submitting a Sourcewell Price and Product Change Request Form to Sourcewell. At a minimum, the request must:
• Identify the applicable Sourcewell Agreement number;
• Clearly specify the requested change;
• Provide sufficient detail to justify the requested change; • Individually list all Included Solutions affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of Pricing List with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Included Solutions offered, even for those items where pricing remains unchanged.
A fully ex
ecuted Sourcewell Price and Product Change Request Form will become an amendment to this Agreement and will be incorporated by reference.
3) Author
ized Representative. Supplier will assign an Authorized Representative (named in Supplier’s Proposal) to Sourcewell for this Agreement and must provide prompt notice to Sourcewell if that person is changed. The Authorized Representative will be responsible for:
Docusign Envelope ID: 54AC361B-EA37-4256-88FA-9FFA0953E9B9
ATTACHMENT B
10 of 42
v052824
588
Oshkosh Corporation Classification - Restricted
• Maintenance and management of this Agreement;
• Timely response to all Sourcewell and Participating Entity inquiries; and • Participation in reviews with Sourcewell.
Sourcew
ell's Authorized Representative is its Chief Procurement Officer. 4) Perfor
mance Reviews. Supplier will perform a minimum of one review with Sourcewell per agreement year. The review will cover transactions to Participating Entities, pricing and terms, administrative fees, sales data reports, performance issues, supply chain issues, Participating Entity issues, and any other necessary information.
5) Sales
Reporting Required. Supplier is required as a material element to this Master Agreement to report all completed transactions with Participating Entities utilizing this Agreement. Failure to provide complete and accurate reports as defined herein will be a material breach of the Agreement and Sourcewell reserves the right to pursue all remedies available at law including cancellation of this Agreement.
6) Reporti
ng Requirements. Supplier must provide Sourcewell an activity report of all transactions completed utilizing this Agreement. Reports are due at least once each calendar quarter (Reporting Period). Reports must be received no later than 45 calendar days after the end of each calendar quarter. Supplier may report on a more frequent basis in its discretion. Reports must be provided regardless of the amount of completed transactions during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).
The Report must contain the following fields:
• Participating Entity Name (e.g., City of Staples Highway Department); • Participating Entity Physical Street Address;
• Participating Entity City;
• Participating Entity State/Province;
• Participating Entity Zip/Postal Code;
• Sourcewell Participating Entity Account Number;
• Transaction Description;
• Transaction Purchased Price;
• Sourcewell Administrative Fee Applied; and
• Date Transaction was invoiced/sale was recognized as revenue by Supplier.
If collect
ed by Supplier, the Report may include the following fields as available:
• Participating Entity Contact Name;
• Participating Entity Contact Email Address;
• Participating Entity Contact Telephone Number;
7) Admini
strative Fee. In consideration for the support and services provided by Sourcewell, Supplier will pay an Administrative Fee to Sourcewell on all completed transactions to Participating Entities utilizing this Agreement. Supplier will include its Administrative Fee within its proposed pricing.
Supplier may not directly charge Participating Entities to offset the Administrative Fee.
Docusign Envelope ID: 54AC361B-EA37-4256-88FA-9FFA0953E9B9
ATTACHMENT B
11 of 42
v052824
589
Oshkosh Corporation Classification - Restricted
8) Fee Calculation. Supplier’s Administrative Fee payable to Sourcewell will be calculated as a stated percentage (listed in Supplier’s Proposal) of all completed transactions utilizing this Master Agreement within the preceding Reporting Period. For certain categories, a flat fee may be proposed. The Administrative Fee will be stated in Supplier’s Proposal. 9) Fee Re
mittance. Supplier will remit fee to Sourcewell no later than 45 calendar days after the close of the preceding calendar quarter in conjunction with Supplier’s Reporting Period obligations defined herein. Payments should note the Supplier’s name and Sourcewell-assigned Agreement number in the memo; and must be either mailed to Sourcewell above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions.
10) Noncompl
iance. Sourcewell reserves the right to seek all remedies available at law for unpaid or underpaid Administrative Fees due under this Agreement. Failure to remit payment, delinquent payments, underpayments, or other deviations from the requirements of this Agreement may be deemed a material breach and may result in cancellation of this Agreement and disbarment from future Agreements.
11) Audit
Requirements. Pursuant to Minn. Stat. § 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell and the Minnesota State Auditor for a minimum of six years from the end of this Agreement. Supplier agrees to fully cooperate with Sourcewell in auditing transactions under this Agreement to ensure compliance with pricing terms, correct calculation and remittance of Administrative Fees, and verification of transactions as may be requested by a Participating Entity or Sourcewell.
12) Assign
ment, Transfer, and Administrative Changes. Supplier may not assign or otherwise transfer its rights or obligations under this Agreement without the prior written consent of Sourcewell. Such consent will not be unreasonably withheld. Sourcewell reserves the right to unilaterally assign all or portions of this Agreement within its sole discretion to address corporate restructurings, mergers, acquisitions, or other changes to the Responsible Party and named in the Agreement. Any prohibited assignment is invalid. Upon request Sourcewell may make administrative changes to agreement documentation such as name changes, address changes, and other non-material updates as determined within its sole discretion.
13) Amendme
nts. Any material change to this Agreement must be executed in writing through an amendment and will not be effective until it has been duly executed by the parties. 14) Waiver
. Failure by either party to enforce any right under this Agreement will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right.
15) Comple
te Agreement. This Agreement represents the complete agreement between the parties for the scope as defined herein. Supplier and Sourcewell may enter into separate written agreements relating specifically to transactions outside of the scope of this Agreement.
Docusign Envelope ID: 54AC361B-EA37-4256-88FA-9FFA0953E9B9
ATTACHMENT B
12 of 42
v052824
590
Oshkosh Corporation Classification - Restricted
16) Relationship of Sourcewell and Supplier. This Agreement does not create a partnership, joint venture, or any other relationship such as employee, independent contractor, master-servant, or principal-agent.
17) Indemn
ification. Supplier must indemnify, defend, save, and hold Sourcewell, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell, arising out of any act or omission in the performance of this Agreement by the Supplier 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 design, condition, or performance of Included Solutions under this Agreement. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law. 18) Data Practi
ces. Supplier and Sourcewell acknowledge Sourcewell is subject to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. As it applies to all data created and maintained in performance of this Agreement, Supplier may be subject to the requirements of this chapter.
19) Grant o
f License.
a) During the term of this Agreement:
i) Supplier Promotion. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising, promotional materials, and informational sites for the purpose of marketing Sourcewell’s Agreement with Supplier.
ii) Sourcew
ell Promotion. Supplier grants to Sourcewell a royalty-free, worldwide, non- exclusive right and license to use Supplier’s trademarks in advertising, promotional materials, and informational sites for the purpose of marketing Supplier’s Agreement with Sourcewell.
b) Limit
ed Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, partners, or agents (collectively “Permitted Sublicensees”) in advertising, promotional, or informational materials for the purpose of marketing the Parties’ relationship. Any sublicense granted will be subject to the terms and conditions of this Article.
Each party will be responsible for any breach of this section by any of their respective sublicensees.
c) Use; Qu
ality Control.
i) Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. ii) Each par
ty agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Each party may make written notice to the other regarding misuse under this section. The offending party will have 30 days of the date of the written notice to cure the issue or the license/sublicense will be terminated.
Docusign Envelope ID: 54AC361B-EA37-4256-88FA-9FFA0953E9B9
ATTACHMENT B
13 of 42
v052824
591
Oshkosh Corporation Classification - Restricted
d) Termination. Upon the termination of this Agreement for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.
20) Venue a
nd Governing law between Sourcewell and Supplier Only. The substantive and procedural laws of the State of Minnesota will govern this Agreement between Sourcewell and Supplier. Venue for all legal proceedings arising out of this Agreement between Sourcewell and Supplier will be in court of competent jurisdiction within the State of Minnesota. This section does not apply to any dispute between Supplier and Participating Entity. This Agreement reserves the right for Supplier and Participating Entity to negotiate this term to within any transaction documents. 21) Severabi
lity. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Agreement is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 22) Insurance Coverage. At its own expense, Supplier must maintain valid insurance policy(ies) during the performance of this Agreement 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:
a) Commerc
ial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Agreement.
• $1,500,000 each occurrence Bodily Injury and Property Damage • $1,500,000 Personal and Advertising Injury
• $2,000,000 aggregate for products liability-completed operations • $2,000,000 general aggregate
b) Certifi
cates of Insurance. Prior to execution of this Agreement, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Agreement. 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 provided to in an alternative manner as directed by Sourcewell. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure of Supplier to maintain the required insurance and documentation may constitute a material breach. c) Additio
nal Insured. Supplier agrees to list Sourcewell, including its officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier.
Docusign Envelope ID: 54AC361B-EA37-4256-88FA-9FFA0953E9B9
ATTACHMENT B
14 of 42
v052824
592
Oshkosh Corporation Classification - Restricted
d) Umbrella/Excess Liability/SELF-INSURED RETENTION. The limits required by this Agreement can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.
23) Termin
ation for Convenience. Sourcewell or Supplier may terminate this Agreement upon 60 calendar days' written notice to the other Party. Termination pursuant to this section will not relieve the Supplier’s obligations under this Agreement for any transactions entered with Participating Entities through the date of termination, including reporting and payment of applicable Administrative Fees.
24) Termin
ation for Cause. Sourcewell or Supplier may terminate this Agreement upon providing written notice of material breach to the other party. Notice must describe the breach in reasonable detail and state the intent to terminate the Agreement. Upon receipt of Notice, the such party will have 30 calendar days in which it must cure the breach. Termination pursuant to this section will not relieve the Supplier’s obligations under this Agreement for any transactions entered with Participating Entities through the date of termination, including reporting and payment of applicable Administrative Fees.
Article
3:
Supplier Obligations to Participating Entities
The Ter
ms in this Article 3 relate specifically to Supplier and a Participating Entity when entering transactions utilizing the General Terms established in this Master Agreement. Article 1 General Terms control over any conflict with this Article 3. Where this Master Agreement is silent on any subject, Participating Entity and Supplier retain the ability to negotiate mutually acceptable terms. 1) Quotes
to Participating Entities. Suppliers are encouraged to provide all pricing information regarding the total cost of acquisition when quoting to a Participating Entity. Suppliers and Participating Entities are encouraged to include all cost specifically associated with or included within the Suppliers proposal and Included Solutions within transaction documents. 2) Shippi
ng, Delivery, Acceptance, Rejection, and Warranty. Supplier’s proposal may include proposed terms relating to shipping, delivery, inspection, and acceptance/rejection and other relevant terms of tendered Solutions. Supplier and Participating Entity may negotiate final terms appropriate for the specific transaction relating to non-appropriation, shipping, delivery, inspection, acceptance/rejection of tendered Solutions, and warranty coverage for Included Solutions. Such terms may include, but are not limited to, costs, risk of loss, proper packaging, inspection rights and timelines, acceptance or rejection procedures, and remedies as mutually agreed include notice requirements, replacement, return or exchange procedures, and associated costs. Lead-times due to global supply chain constraints, any delivery date on the customer contract is a good faith estimate as of the date of the order/contract, and merely an approximation based on current information.
Delivery updates will be made available, and a final firm delivery date will be provided as soon as possible.
3) Applicable Taxes. Participating Entity is responsible for notifying supplier of its tax-exempt status and for providing Supplier with any valid tax-exemption certification(s) or related documentation.
Docusign Envelope ID: 54AC361B-EA37-4256-88FA-9FFA0953E9B9
ATTACHMENT B
15 of 42
v052824
593
Oshkosh Corporation Classification - Restricted
4) Ordering Process and Payment. Supplier’s ordering process and acceptable forms of payment are included within its Proposal. Participating Entities will be solely responsible for payment to Supplier and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. 5) Transacti
on Documents. Participating Entity may require the use of its own forms to complete transactions directly with Supplier utilizing the terms established in this Agreement. Supplier’s standard form agreements may be offered as part of its Proposal. Supplier and Participating Entity may complete and document transactions utilizing any type of transaction documents as mutually agreed. In any transaction document entered utilizing this Agreement, Supplier and Participating Entity must include specific reference to this Master Agreement by number and to Participating Entity’s unique Sourcewell account number. All Participating Entity orders under this Agreement must be issued prior to expiration or cancellation of this Agreement; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Agreement. 6) Additio
nal Terms and Conditions Permitted. Participating Entity and Supplier may negotiate and include additional terms and conditions within transaction documentation as mutually agreed. Such terms may supplant or supersede this Master Agreement when necessary and as solely determined by Participating Entity. Sourcewell has expressly reserved the right for Supplier and Participating Entity to address any necessary provisions within transaction documents not expressly included within this Master Agreement, including but not limited to transaction cancellation, dispute resolution, governing law and venue, non-appropriation, insurance, defense and indemnity, force majeure, and other material terms as mutually agreed.
7) Subseq
uent Agreements and Survival. Supplier and Participating Entity may enter into a separate agreement to facilitate long-term performance obligations utilizing the terms of this Master Agreement as mutually agreed. Such agreements may provide for a performance period extending beyond the full term of this Master Agreement as determined in the discretion of Participating Entity.
8) Partici
pating Addendums. Supplier and Participating Entity may enter a Participating Addendum or similar document extending and supplementing the terms of this Master Agreement to facilitate adoption as may be required by a Participating Entity.
Sourcewell Pierce Manufacturing Inc.
an Oshkosh Corporation Business
By: __________________________ By: __________________________ Jeremy Schwartz Daniel M. Meyer
Title: Chief Procurement Officer Title: Vice President Sales Date: ________________________ Date: ________________________ Docusign Envelope ID: 54AC361B-EA37-4256-88FA-9FFA0953E9B9 1/6/2026 | 11:59 AM CST1/6/2026 | 6:06 PM CST
ATTACHMENT B
16 of 42
v052824
594
RFP 082025 - Firefighting Apparatus and Fire Service Vehicles Vendor Details
Company Name: Pierce Manufacturing Inc.
Does your company conduct
business under any other name? If
yes, please state:
Wisconsin
Address:
2600 American Drive
Appleton, WI 54914
Contact: Carol Frank
Email: [email protected]
Phone: 920-832-3218
Fax: 920-832-3218
HST#: 39-0139830
Submission Details
Created On: Wednesday July 02, 2025 10:01:48
Submitted On: Wednesday August 20, 2025 09:26:00
Submitted By: Carol Frank
Email: [email protected]
Transaction #: 82194105-5db9-4957-ab71-f81862bbbd65
Submitter's IP Address: 147.243.245.174
Bid Number: RFP 082025 Vendor Name: Pierce Manufacturing Inc.
Docusign Envelope ID: 54AC361B-EA37-4256-88FA-9FFA0953E9B9
ATTACHMENT B
17 of 42
595
Specifications
Table 1: Proposer Identity & Authorized Representatives (Not Scored) General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond “N/A” if the question does not apply to you (preferably with an explanation).
Table 1 Specific Instructions. Sourcewell requires identification of all parties responsible for providing Solutions under a resulting master agreement(s) (Responsible Supplier). Proposers are strongly encouraged to include all potential Responsible Suppliers including any corporate affiliates, subsidiaries, D.B.A., and any other authorized entities within a singular proposal. All information required under this RFP must be included for each Responsible Supplier as instructed. Proposers with multiple Responsible Supplier options may choose to respond individually as distinct entities, however each response will be evaluated individually and only those proposals recommended for award may result in a master agreement award. Unawarded entities will not be permitted to later be added to an existing master agreement through operation of Proposer’s corporate organization affiliation.
Line
Item Question Response *
1 Provide the legal name of the Proposer
authorized to submit this Proposal.
Pierce Manufacturing Inc., an Oshkosh Corporation Business. * 2 In the event of award, is this entity the
Responsible Supplier that will execute the
master agreement with Sourcewell? Y or N.
Yes
*
3 Identify all subsidiaries, D.B.A., authorized
affiliates, and any other entity that will be
responsible for offering and performing delivery
of Solutions within this Proposal (i.e.
Responsible Supplier(s) that will execute a
master agreement with Sourcewell).
In the event of award, Pierce Manufacturing Inc., an Oshkosh Corporation Business, will execute the master agreement with Sourcewell. Divisions of Pierce that will offer and deliver Solutions through the contract, include:
Oshkosh Airport Products, a division of Pierce Manufacturing Inc., an Oshkosh Corporation Business
Frontline Communications, a division of Pierce Manufacturing Inc., an Oshkosh Corporation Business
Authorized Pierce dealers will offer delivery of product directly to end customer/Sourcewell member, in addition to contracting directly with the end customer, referencing the Pierce Master Sourcewell agreement.
Occasional orders may be direct from Pierce, Oshkosh Airport, and from Frontline direct to end customer.
*
4 Provide your CAGE code or Unique Entity
Identifier (SAM):
04664 *
5 Provide your NAICS code applicable to
Solutions proposed.
336120
6 Proposer Physical Address: Pierce Manufacturing Inc.
an Oshkosh Corporation Business
2600 American Drive
Appleton, WI 54914
Oshkosh Airport Products
a division of Pierce Manufacturing Inc.
an Oshkosh Corporation Business
1515 County Road O
Neenah, WI 54956
Frontline Communications
a division of Pierce Manufacturing Inc.
an Oshkosh Corporation Business
12770 44th Street N
Clearwater, FL 33762"
*
7 Proposer website address (or addresses): https://www.oshkoshcorp.com https://www.piercemfg.com
https://www.frontlinecomm.com
https://www.oshkoshairport.com
*
8 Proposer's Authorized Representative (name,
title, address, email address & phone) (The
representative must have authority to sign
the “Proposer’s Assurance of Compliance” on
behalf of the Proposer):
Name: Daniel M. Meyer
Title: Vice President, Sales
Address: 2600 American Drive, Appleton, WI 54914
Email: [email protected]
920-832-3000
*
Bid Number: RFP 082025 Vendor Name: Pierce Manufacturing Inc.
Docusign Envelope ID: 54AC361B-EA37-4256-88FA-9FFA0953E9B9
ATTACHMENT B
18 of 42
596
9 Proposer's primary contact for this proposal
(name, title, address, email address & phone):
Carol Frank
Sales Operations, Contract Administrator
2600 American Drive, Appleton, WI 54914
Email: [email protected] | Phone: 920-832-3218
*
10 Proposer's other contacts for this proposal, if
any (name, title, address, email address &
phone):
Name: Robert W. Schultz
Title: President
Address: 2600 American Dr., Appleton, WI 54914
Email: N/A
Phone: 920-832-3000
*
Table 2A: Financial Viability and Marketplace Success (50 Points, applies to Table 2A and 2B) Line
Item Question Response *
Bid Number: RFP 082025 Vendor Name: Pierce Manufacturing Inc.
Docusign Envelope ID: 54AC361B-EA37-4256-88FA-9FFA0953E9B9
ATTACHMENT B
19 of 42
597
11 Provide a brief history of your company,
including your company’s core values,
business philosophy, and industry longevity
related to the requested Solutions.
Parent Company History: please reference this link for a full description of the Parent Company history: https://www.oshkoshcorp.com/story/history Please also see attached Pierce-History brochure.
The Parent Company, Oshkosh Corporation, is a publicly traded company and has three reportable segments: Access, Vocational and Transport, with Vocational being the primary focus of this proposal.
The Vocational segment includes the Pierce Manufacturing Inc., Maxi-Metal, AeroTech, Oshkosh Airport Products, McNeilus, IMT, Frontline Communcations and Oshkosh S- Series businesses. The Pierce and Maxi-Metal businesses design and manufacture commercial and custom fire apparatus. AeroTech designs and manufacturers airport ground support equipment and gate equipment and provides baggage and facility airport services. Oshkosh Airport Products designs and manufactures aircraft rescue and firefighting (ARFF) vehicles. McNeilus designs and manufactures refuse and recycling collection vehicles and components. The segment also includes IMT-branded field service vehicles and truck-mounted cranes, Frontline Communications-branded simulators, command vehicles and other communication vehicles and Oshkosh S- Series front-discharge concrete mixer vehicles.
Vocational segment sales are made primarily to municipal and commercial customers in the Americas.
Core Values:
Our purpose is making a difference in people’s lives. Our core values provide the foundation for how we live our purpose and ensure an ethical and People First Culture. They signal who we are and how we behave as a company and as individuals. We hold ourselves to these standards in every interaction—with fellow team members, customers, suppliers, shareholders and in our communities.
We put people first
We treat people how they need to be treated. We keep people safe, within our walls and those using our products. We care for the emotional, physical and financial wellbeing of our people. We celebrate what makes each of us unique. We value others’ words and ideas. We respect the impact we have on each other, on the people we serve and in communities around the world.
We do the right thing
We do the right thing, the right way, for the right reasons. We take responsibility for our actions. We speak up and share our thoughts and concerns. We keep our promises. We respect our environment, both where we work and the planet we rely on.
We persevere
We push the bounds of technology and engineering to bring value to our customers and those who count on us. We challenge the impossible to make a difference every day. We are courageous and steadfast. We strive to overcome obstacles and achieve our goals.
We are better together
We welcome ideas different from our own. We rely on diversity to drive innovation.
We create an inclusive, empowering environment for all. We work together across geographies, platforms, business units and functions to help our company reach its fullest potential.
Business Philosophy
Our business strategy is grounded in the company's purpose of making a difference in the lives of the people in our communities who do tough work. The strategy is reflected in three simple words: innovate, serve and advance. The company innovates customer solutions by combining leading technology and operational strength to empower and protect the everyday hero. The company is developing and integrating advanced technologies to expand production output, improve profit margins and fulfill its purpose in areas such as electrification, autonomy and connected products. The company serves and supports customers with relentless focus throughout the product lifecycle. The company believes that lifecycle services provide a robust growth opportunity while offering stability throughout business cycles. The company advances by expanding into new markets and geographies to move the world forward. The company expects to continue to grow globally and expand into new categories both organically, and inorganically through acquisitions.
Business Longevity: Pierce was founded in 1913. Please refer to the Pierce Timeline in the Attached Pierce-History brochure
*
Bid Number: RFP 082025 Vendor Name: Pierce Manufacturing Inc.
Docusign Envelope ID: 54AC361B-EA37-4256-88FA-9FFA0953E9B9
ATTACHMENT B
20 of 42
598
12 What are your company’s expectations in the
event of an award?
In the event of award, Pierce Manufacturing Inc. would contemplate a multi-year agreement with Sourcewell, and promote internally, with the associated benefits through a proven cooperative. The promotion of benefits of award, would entail continuous training to the 19 authorized dealerships on how best to incorporate the Sourcewell agreement into their sales strategies in hopes of gaining increased sales and an understanding of what is best for their customers. Additionally, we will encourage Sourcewell-led workshops and training to assist with how best to effectively leverage the Sourcewell agreement to continue to grow our business. *
13 Demonstrate your financial strength and
stability with meaningful data. This could
include such items as financial statements,
SEC filings, credit and bond ratings, letters
of credit, and detailed reference letters.
Upload supporting documents (as applicable)
in the document upload section of your
response. DO NOT PROVIDE ANY TAX
INFORMATION OR PERSONALLY
IDENTIFIABLE INFORMATION.
Pierce Manufacturing Inc. is a wholly owned subsidiary of Oshkosh Corporation.
Oshkosh Corporation is a publicly traded company, under Trading Symbol OSK under the New York Stock Exchange
The company delivered another successful year in 2024, demonstrating significant progress in its strategy to drive meaningful growth across the company's businesses and to position themselves for long-term success and shareholder value creation. Net sales grew in each of the segments during the year, led by the Vocational segment.
Please see the attached SEC Filings, demonstrating to be financially sound. Please also see the attached D&B Report for Oshkosh Corporation. *
14 What is your US market share for the
Solutions that you are proposing?
Market share information is often found in the "Industry at a Glance," "Competitive Landscape," or "Major Companies" sections of industry reports, which may be included in a company's annual report. These sections might also be referred to as "Key Players" or "Key Competitors".
Through Pierce and Maxi-Metal, the Company is a leading North American designer and manufacturer of fire apparatus assembled on both commercially available and custom chassis, designed and manufactured to meet the demanding requirements of firefighters. Pierce’s engineering expertise allows it to design its vehicles to meet stringent industry guidelines and government regulations for safety and effectiveness.
Pierce primarily serves domestic municipal customers, but also sells fire apparatus to the DoD, airports, universities and large industrial companies, and in international markets. Pierce’s history of innovation, research and development in consultation with firefighters has resulted in a broad product line that features a wide range of innovative, high-quality custom and commercial firefighting equipment with advanced fire suppression capabilities. In an effort to be a single-source supplier for its customers, Vocational offers a full line of custom and commercial fire apparatus and emergency vehicles, including pumpers, aerial platforms, ladder and tiller trucks, tankers, light-, medium- and heavy-duty rescue vehicles, wildland rough terrain response vehicles, mobile command and control centers, bomb squad vehicles, hazardous materials control vehicles and other emergency response vehicles.
Through Oshkosh Airport Products, the Company is a leader in the design and sale of ARFF vehicles to domestic and international airports. These highly-specialized vehicles are required to be in service at most airports worldwide to support commercial airlines in the event of an emergency. Many of the largest airports in the United States are served by the Company’s ARFF vehicles. The U.S. government also maintains a fleet of ARFF vehicles that are used to support military operations throughout the world. Internationally, the Company’s vehicles serve airports worldwide, with recent deliveries to airports in Latin America, the Middle East, the United Kingdom and China. The Company believes that the performance and reliability of its ARFF vehicles contribute to the Company’s strong position in this market.
Through its Frontline Communications business, the Company is a leading manufacturer, system designer and integrator of command trucks and Oshkosh Specialty Vehicles-branded military simulator shelters and trailers. The Company’s vehicles have supported disaster relief efforts for FEMA and everyday incident response for federal and local law enforcement, emergency management agencies and fire departments.
*
15 What is your Canadian market share for the
Solutions that you are proposing?
Our 3 Canadian dealers do sell through our Sourcewell agreement and we report those sales as "Canada" sales, since the member/customer number we have to report, is found on the Sourcewell Canadian website (Canoe Procurement) *
16 Disclose all current and completed bankruptcy
proceedings for Proposer and any included
possible Responsible Party within the past
seven years. Proposer must provide notice in
writing to Sourcewell if it enters a bankruptcy
proceeding at any time during the pendency
of this RFP evaluation.
N/A
*
Bid Number: RFP 082025 Vendor Name: Pierce Manufacturing Inc.
Docusign Envelope ID: 54AC361B-EA37-4256-88FA-9FFA0953E9B9
ATTACHMENT B
21 of 42
599
17 How is your organization best described: is it
a manufacturer, a distributor/dealer/reseller, or
a service provider? Answer the question that
best applies to your organization, either a) or
b).
a) If your company is best described as a
distributor/dealer/reseller (or similar entity),
provide your written authorization to act as a
distributor/dealer/reseller for the manufacturer
of the products proposed in this RFP. If
applicable, is your dealer network
independent or company owned?
b) If your company is best described as a
manufacturer or service provider, describe
your relationship with your sales and service
force and with your dealer network in
delivering the products and services proposed
in this RFP. Are these individuals your
employees, or the employees of a third party?
Pierce and Oshkosh Airport are best described as a (b) a manufacturer.
Our products are supported and sold by authorized dealers throughout the U.S. and Canada. The Pierce Dealer network consists of 16 U.S. based dealers and 3 Canadian based dealers. Each dealer has been contracted for designated, awarded territories, enabling them to service local fire departments and municipal government officials. The professional sales network consists of more than 300 sales representatives in the U.S. and Canada that are dedicated to provide first responders with the highest quality apparatus.
Pierce also offers local parts and service capabilities through our dealer network, to help municipalities maintain peak readiness for this vital municipal service.
Oshkosh Airport Products offers both direct sales throughout the U.S. and International markets, as well as sales through a majority of the same authorized Pierce dealer network.
Frontline Communications offers sales throughout the U.S. through the same authorized Pierce dealer network.
*
18 If applicable, provide a detailed explanation
outlining the licenses and certifications that
are both required to be held, and actually
held, by your organization (including third
parties and subcontractors that you use) in
pursuit of the business contemplated by this
RFP.
Pierce has obtained and maintains all appropriate licenses for sales, manufacturing, motor vehicles, and dealer licenses in accordance with state laws. The Pierce dealer network has independent licenses as required by law in the state in which they sell.
Oshkosh Airport and Frontline Communication licenses would be under Pierce.
Pierce products are manufactured in accordance to all relevant codes, standards and industry best practices. We hold our vendors accountable to the utmost standards.
Beyond ISO certifications and compliance, we require our supply chain of major components to obtain a score of 80% or above on supplier quality audit performed by Oshkosh Corporation supplier quality.
Pierce Manufacturing Inc., including Frontline Communications are ISO 9001:2015.
Certification recertified April 2025. In addition, Oshkosh Airport is ISO 14001 certified.
*
19 Disclose all current and past debarments or
suspensions for Proposer and any included
possible Responsible Party within the past
seven years. Proposer must provide notice in
writing to Sourcewell if it enters a debarment
or suspension status any time during the
pendency of this RFP evaluation.
Pierce Manufacturing Inc. has not had suspension or debarment that applies within the past 10 years.
*
20 Describe any relevant industry awards or
recognition that your company has received in
the past five years.
* Pierce Volterra Electric Fire Truck Named ‘Coolest Thing Made in Wisconsin 2022’ * Pierce has been recognized for our work with Veterans with the Seven Seals Award for meritous leadership and initiative in support of men and women of the National Guard and Reserve.
* Oshkosh Corporation Earns 2025 Military Friendly Employer Designation:
https://www.oshkoshcorp.com/news/2024/11-11-24-military-friendly-employer * Oshkosh Corporation (NYSE: OSK), a leading innovator of purpose-built vehicles and equipment, today announced that it has earned the 2025 Military Friendly® Employer designation. This marks the 14th consecutive year that Oshkosh Corporation has been recognized for its commitment to creating meaningful career opportunities for veterans and their spouses, helping to enrich their lives and support their futures.
* National Extraordinary Employer Support Award:
https://www.oshkoshcorp.com/blog/2025/05-30-25-extraordinary-employer-support-award * Dana Earns an Automotive News PACE Award for Multi-mode, Power-split Transmission System - The Pierce Volterra pumper technology consists of a proprietary Oshkosh Corporation patented parallel-electric drive train featuring an electro-mechanical infinitely variable transmission which allows zero-emissions operation when powered by the integrated onboard batteries. * Pierce Volterra Electric Fire Truck Wins a Popular Science 2022 ‘Best of What’s New Award’
* Pierce was recognized with the Focus on Energy 2020 Energy Efficiency Excellence Award.
* Oshkosh Corporation Recognized as One of the World’s Most Ethical Companies for Tenth Consecutive Year on March 11, 2025
* CESA 6 Your Apprenticeship Career Pathways Excellence Award: Acknowledged for commitment to the Youth Apprenticeship Program and providing diverse career opportunities.
*
21 What percentage of your sales are to the
governmental sector in the past three years?
Oshkosh Corporation maintains meaningful relationships with various governmental sectors throughout the organization. Since we are a publicly traded company, the information available is not inclusive of customer specific sales detail. *
22 What percentage of your sales are to the
education sector in the past three years?
Pierce and Oshkosh Airport on occasion will sell to education sectors such as Universities, Colleges, High Schools or Fire Training Schools. The market for our products in these groups is limited. Frontline products generally do not apply to the education sector.
*
Bid Number: RFP 082025 Vendor Name: Pierce Manufacturing Inc.
Docusign Envelope ID: 54AC361B-EA37-4256-88FA-9FFA0953E9B9
ATTACHMENT B
22 of 42
600
23 List all state, cooperative purchasing
agreements that you hold. What is the annual
sales volume for each of these agreement
over the past three years?
Pierce is currently contracted with four national cooperatives and five state-level cooperatives. Contracts shown with an asterisk include Oshkosh Airport products.
National: Sourcewell*; H-GAC*; NPPGov* and NASPO
State-Level: LaMas, BuyBoard, Florida Sheriff's Association*; Ohio Buys* and Costars As a publicly traded company we are unable to provide specific figures, but a substantial amount of our sales are derived through cooperatives. *
24 List any GSA contracts or Standing Offers
and Supply Arrangements (SOSA) that you
hold. What is the annual sales volume for
each of these contracts over the past three
years?
Pierce currently is contracted with GSA (General Services Administration) under contract GS30F021DA.
We are unable to provide annual sales volume. *
Table 2B: References/Testimonials
Line Item 25 . Supply reference information from three customers who are eligible to be Sourcewell participating entities.
Entity Name * Contact Name * Phone Number *
Oklahoma City Brent Pierce 405-627-2088 *
Rockford Illinois Chief Matt Cordonnier 779-500-6533 * Minneapolis, MN Airport Commission Kevin Taaffe A.M.F. 507-838-1036 * Table 3: Ability to Sell and Deliver Solutions (150 Points) Describe your company’s capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions.
Line
Item Question Response *
26 Sales force. Pierce Manufacturing Inc. sales force is well represented throughout all 50 U.S. states and all Canadian provinces/territories, and the Sourcewell and Canoe Procurement participating members are represented by the authorized dealer network. The sales force supports customer requests, trade shows, warranties, customer bids and the management and configuration of the truck order. There are more than 300 sales representatives in the U.S. and Canada dedicated to provide the highest quality apparatus to the Sourcewell Members. In addition, the sales force is comprised of legacy tenure and new generations. Many of our sales representatives have past history within the fire industry.
The network of sales providers includes a Pierce internal sales team and a dealer network. The internal sales force is led by the VP of Sales and Sr. Director of Dealer Development. There are 5 Regional Vice Presidents, one of which manages Canadian sales. Frontline Communications and Oshkosh Airport are represented by 2 Regional sales leaders. Direct sales, covering government sales, are represented with 2 employees. The internal sales team collaborates with multiple departments within Pierce, including finance, order management, graphics, marketing, truck owner teams, to name a few, ensuring a successful and quality build and delivery to the dealer network. Both the internal sales and dealer network are well versed in cooperative purchasing processes.
*
Bid Number: RFP 082025 Vendor Name: Pierce Manufacturing Inc.
Docusign Envelope ID: 54AC361B-EA37-4256-88FA-9FFA0953E9B9
ATTACHMENT B
23 of 42
601
27 Describe the network of Authorized Sellers
who will deliver Solutions, including dealers,
distributors, resellers, and other distribution
methods.
As previously noted, Pierce is well equipped to serve all Sourcewell Members under this agreement, via an expansive authorized dealer network. The dealer network is comprised of 16 U.S. based dealers and 3 Canadian based dealers. Each dealer has been contracted for designated, awarded territories, enabling them to service local fire departments and municpal government officials.
Oshkosh Airport serves the Sourcewell Members through authorized dealers in addition to selling direct, The Oshkosh dealer network is the largest in the airport industry, with highly skilled professionals trained for ARFF. The airport dealer network is comprised of 12 U.S. based dealers (one being a parts/service agreement) and 2 Canadian based dealers. Each dealer has been contracted for designated, awarded territories, enabling them to service their local airports.
Frontline Commnication delivers their Solutions through the Pierce Authorized Dealer network.
Refer to attached Dealership Territories Map.pdf, and Authorized Dealer Listing.pdf in the additional documents folder.
*
28 Service force. Pierce and its dealer network offer a wide variety of Aftermarket services to assist customers with the maintenance of their Pierce branded products. The dealer network has over 950 technicians and 127 service locations to assist the Sourcewell member. *
29 Describe the ordering process. If orders will
be handled by distributors, dealers or
others, explain the respective roles of the
Proposer and others.
Given the customization of Pierce products, a custom built truck builder software called Pulse, is used throughout the ordering process. The initial sale is completed between the end customer (Sourcewell member) and the authorized dealer. Within the software, the dealer will choose among multiple custom options to build the truck, one of which is the Sourcewell consortium option, to configure to the customers specifications. The Pulse system is used throughout the supply chain from order to final shipment. The software is supported with internal Pierce communication tools such as workflow, online scheduling, build status and a complete truck library allowing the dealer to accurately communicate details to the end customer and coordinate with internal sales operations.
Specific to selecting the Sourcewell cooperative option, the software is configured to generate the associated cooperative fees and contract sales, for quarterly reporting to Sourcewell. Additionally, the software generates workflows for monthly audits, ensuring Pierce dealers are complying with the Master Agreement pricing and terms.
Oshkosh Airport has launched their own instance of Pulse, that follows the same ordering process as Pierce, allowing for consistency with the dealer network and internal roles.
Frontline Communications is currently not in the Pierce Pulse system, however products are priced with cooperatives and internal methods are used to allow for quarterly reporting. A project is under way to integrate Frontline into the Pierce Pulse tool, with an expected go-live date in 2026.
*
Bid Number: RFP 082025 Vendor Name: Pierce Manufacturing Inc.
Docusign Envelope ID: 54AC361B-EA37-4256-88FA-9FFA0953E9B9
ATTACHMENT B
24 of 42
602
30 Describe in detail the process and
procedure of your customer service
program, if applicable. Include your
response-time capabilities and
commitments, as well as any incentives that
help your providers meet your stated
service goals or promises.
Pierce is staffed with industry-certified professionals to offer customers 24/7/365 support. Every customer matters, so trusted service technicians work hand-in-hand with our dealer network to provide our customers with solutions, in-house or in-field.
Pierce dealers are the single-source experts for parts, training, warranties, and aftermarket service.
The dealer network spans across the U.S. and Canada and offers 24/7 warranty assistance, chassis preventive maintenance, repairs, communication system upgrades, mobile service unit fleet to the customer, maintenance and operational training.
ON-LINE FACTORY SUPPORT
Aftermarket Support is available to Pierce dealers and customers. www.Pierceparts.com connects customers to an online parts catalog, components catalogs, operator manuals, select service manual groups, service training information and select learning modules.
With millions of dollars and 100,000 square feet dedicated to inventory, Pierce stocks a robust parts supply that responds to every maintenance need for the life of the vehicle.
FACTORY HOURS OF OPERATION
Pierce maintains a 24 hour/7 day a week, toll free emergency hot-line and employs a staff of dedicated individuals to troubleshooting and parts support. Customer service core hours of operation are Monday-Friday, 7:30 a.m. - 4:00 p.m. CST. Factory technicians are also on-call for after-hour support, available 24 hours/7 days a week.
MASTER TECHNICIANS
Certified master technicians are available via phone, email, at the customer facility or at a Pierce facility. Factory direct or regional training is available and offered for the customer to schedule at any time.
PROBLEM RESOLUTION
Should the customer identify a product or service issue, they can contact their local Pierce authorized dealer, since they are the customer's first point of contact. Pierce has established escalation paths for technical support and product support with Out of Service requests having the utmost attention at the dealer service level as well as the factory. Additional there are daily metrics and meetings to review all escalations. Our Effective Dealer Program will take into account parts support and investment, training stats and investment, and warranty support.
*
31 Describe your ability and willingness to
provide your products and services to
Sourcewell participating entities.
Pierce (including Oshkosh Airport and Frontline Communications) has the ability to service Sourcewell participating entities throughout the United States through its authorized dealer network. The dealer network has an established sales and service infrastructure with assigned territories ensuring Sourcewell Members receive the best quality product. The Pierce authorized dealers are dedicated to serving our customers. Many of our customers are Sourcewell members so dealers are willing to continue supporting those members across the United States as well as educate new customers of the benefits of Sourcewell.
*
32 Describe your ability and willingness to
provide your products and services to
Sourcewell participating entities in Canada.
Pierce will support all Canadian provinces & territories through its three authorized Canadian dealerships, Commercial Emergency Equipment, L'Arsenal and Safety Source Fire. Canadian Sourcewell/Canoe Procurement Members will have access to all our products through our Canadian dealerships.
To further support the Canadian market, Pierce partners with our Canadian sister- company MAXIMETAL on a co-branded collaborative product called the Maxi Saber custom-chassis fire apparatus. Through our shared dealer network, they also offer a full line of Canadian-built commercial-chassis fire apparatus. These products are being submitted by MAXIMETAL on their own response to this RFP. *
33 Identify any geographic areas of the United
States or Canada that you will NOT be fully
serving through the proposed agreement.
There are no geographic areas in the U.S. or Canada that Pierce will not be able to fully serve or support through the proposed agreement. We are proud to provide excellent coverage across the nation and Canada.
*
34 Identify any account type of Participating
Entity which will not have full access to
your Solutions if awarded an agreement,
and the reasoning for this.
There are no defined account types of Participating Entities that will not have access to our products. We are proud to provide excellent coverage across the U.S. and Canada through our authorized dealer network or direct sales. * 35 Define any specific requirements or
restrictions that would apply to our
participating entities in Hawaii and Alaska
and in US Territories.
There are no specific requirements or restrictions that would apply to participating entities in Hawaii, Alaska and in US Territories, that we are aware of. The specific territories typically determine what contracts they will support and allow to be used. * 36 Will Proposer extend terms of any awarded
master agreement to nonprofit entities?
Provided the nonprofit entities are eligible to lawfully take part of the awarded master agreement, based on local, regional, or Federal regulations and guidelines, Pierce is willing to extend the terms to take part in the awarded Sourcewell agreement. *
Bid Number: RFP 082025 Vendor Name: Pierce Manufacturing Inc.
Docusign Envelope ID: 54AC361B-EA37-4256-88FA-9FFA0953E9B9
ATTACHMENT B
25 of 42
603
Table 4: Marketing Plan (100 Points)
Line
Item Question Response *
37 Describe your marketing strategy for
promoting this opportunity. Upload
representative samples of your
marketing materials (if applicable) in
the document upload section of your
response.
All programs that Pierce Manufacturing is awarded are promoted equally for fairness and consistency. A link to each consortium located within the footer on the website at https://www.piercemfg.com/. There is an internal Sales Handbook that contains reference to contracted cooperatives for our dealerships to reference. Definitions of Cooperative Purchasing and Consortium in Pierceopedia™:
https://www.piercemfg.com/pierce/pierceopedia.
Blog What Is a Consortium? 5 Benefits of Fire Apparatus Consortiums:
https://www.piercemfg.com/pierce/blog/benefits-of-fire-apparatus-consortiums *
38 Describe your use of technology and
digital data (e.g., social media,
metadata usage) to enhance
marketing effectiveness.
Pierce has a dedicated marketing team that manages our website and social media to educate customers on new and existing products. Our authorized dealers have established websites and utilize social media platforms such as X, Instagram and Facebook to share messaging. We are able to track analytics our followers through these platforms. *
39 In your view, what is Sourcewell’s role
in promoting agreements arising out of
this RFP? How will you integrate a
Sourcewell-awarded agreement into
your sales process?
Pierce has had success with the previous and current Sourcewell awarded contracts and continue to see increased growth with repeat and new customers using the contract.
Sourcewell's role in promoting our Solutions is primarily accessibility to customers and/or their associated procurement officials. Additionally, we appreciate the extended training that has been offered by Sourcewell to our Authorized Dealers and would like to continue with those offerings to assist with promotion of the contract and ultimately a sale for Pierce.
For continuous improvment, the Pierce primary contact has been engaged with Sourcewell's Sr. Supplier Development Executive in regular cadence meetings, which has been beneficial for awareness of our custom Solutions, FAQs from our dealer network or Sourcewell Members, and review customer usage. It is our expectation that the communication and cadence meetings would continue, so we can make improvements on learned experiences and continue to work in a joint effort to educate end users on how the contract can best fit them.
The awarded agreement will be integrated into the sales process by offering the end customer a means of efficient procurement, and a competitive price. *
40 Are your Solutions available through
an e-procurement ordering process? If
so, describe your e-procurement
system and how governmental and
educational customers have used it.
Our products and services are not available through an e-procurement process due to the complexity and customization. It has been determined, this platform does not fit within our business model. *
Table 5A: Value-Added Attributes (100 Points, applies to Table 5A and 5B) Line
Item Question Response *
41 Describe any product, equipment,
maintenance, or operator training
programs that you offer to
Sourcewell participating entities.
Include details, such as whether
training is standard or optional,
who provides training, and any
costs that apply.
Pierce offers training in several ways to Sourcewell participating entities. - A customer can request factory personnel to provide training which is available after the sale or added to the sale.
- The authorized dealer may offer training, introducing the customer to the dealer's support team.
- The customer may choose to attend regional training classes offered throughout the year. - Pierce Parts provides resources, manuals, diagrams, training and technical support.
All customers receive a Delivery Orientation class prior to placing the apparatus in service.
On-site training during vehicle in-service is standard. This provides a basic vehicle operations and maintenance overview. This training is consistent with industry standards. Additional training is offered through the Oshkosh Product Training Center, offering courses focused on the vehicle chassis and firefighting systems.
Costs for additional maintenance or operations courses are not included and schedule and pricing is available on our training website.
Specialized training can also be requested and will be quoted at time of request. https://oshkoshcorporation.csod.com/LMS/catalog/Welcome.aspx.
The training website for Oshkosh Airport ARFF classes is:
https://piercemfg.csod.com/login/render.aspx?id=arff
Training that is included in the sale of the ARFF apparatus must be redeemed within two years of the apparatus delivery.
*
42 Describe any technological
advances that your proposed
Solutions offer.
Oshkosh Corporation, including Pierce Manufacturing Inc., is a leader in innovation and each of our products and technologies are designed with customers and end-users in mind. The following are recent technological advances that our proposed Solutions offer:
• Pierce Ascendant® Class of Aerials: The Ascendant Class of Aerials was brilliantly engineered to equip firefighters with more aerial choices than ever before. Whether it be weight restrictions, compartment space, preference to ride rather than climb, the lower cost of ownership or rescue capabilities, the Ascendant technology provides flexibility and a wide range of options to meet each department’s needs.
Bid Number: RFP 082025 Vendor Name: Pierce Manufacturing Inc.
Docusign Envelope ID: 54AC361B-EA37-4256-88FA-9FFA0953E9B9
ATTACHMENT B
26 of 42
604
• E-coat Corrosion Protection: Oshkosh’s electrocoating (E-Coat) immersion process provides coverage of complex parts and a uniform thickness without runs or drips. E-Coat delivers a superior corrosion and chemical resistance, while maintaining a high-quality, resilient surface for paint of any color or finish.
• Pierce Command Zone™: features designed to provide an enhanced vehicle interface experience. Ranging from the 7"" color touchscreen display to the full ClearSky Intelligence™ solution, Pierce offers the level of control, diagnostics, real-time data and prognostics your department needs.
• Pierce foam systems: help you perform way beyond the capabilities of water alone. The Pierce Husky™ foam systems (including Hercules™ CAFS, Husky™3, Husky™ 12 and Husky™ Industrial) The handles foam viscosities for Class A and B fires, from Alcohol Resistant AFFF to Class A foams. Plus, all Husky foam systems allow for auxiliary foam pickup, so you can run multiple types of foam at a moment’s notice. It’s easy to operate and automatically adjust foam output to the proper percentage. • Pierce® ClearSky Intelligence™ connectivity solutions: Gain performance data and reporting on more than 100 data points, enabling fast fault troubleshooting, comprehensive operational vehicle monitoring, efficient maintenance planning and precise budget control. • Pierce Idle Reduction Technology: Perform on and off the scene, in open and closed spaces, with less wear on firefighters and the truck. Pierce® Idle Reduction Technology pairs automatic diesel engine controls with high-performance lithium-ion batteries and lead-acid batteries. Power NFPA 1900 required devices, user-defined mission critical on-scene loads, and HVAC climate control with the main chassis engine shut down for one hour of run time at 150 amps. Featuring built-in safety interlocks and Pierce Command Zone™ auto-start for battery power monitoring and engine re-start, departments can work more safely and efficiently without a second thought. Pierce Idle Reduction Technology is an option on new apparatus and as an aftermarket solution.
• HAAS Alert Collision Mitigation: HAAS Alert's Safety Cloud is a cloud-based collision mitigation service that sends real-time digital alerts to drivers in their vehicles as they approach first responders en-route or on-scene at accidents. The goal is to connect responders and their vehicles to the communities that they serve. • PACCAR MX-13 Big Block Engine
• Pierce PUC™: the first modern tilt cab emergency response vehicle designed specifically for the response duties of today’s fire services now with capacities of up to 2000 gpm. • Snozzle: The Pierce Snozzle advances elevated waterway response with a compact yet capable design. Its lightweight, small profile pedestal maximizes available storage, while its piercing nozzle, high flow discharge, 360-degree rotation and optional dry chemical secondary agent multiply firefighting performance.
• TAK-4® Independent Suspension: custom built for Pierce chassis. The TAK-4 Independent Suspension system maintains the feel of the road with outstanding steer-ability and a dramatically smoother ride over any surface. A tight steering system, torsion bar independent suspension and high-performance braking maximize control. It makes a 12-ton fire apparatus feel like an SUV. Includes TAK-4 Independent Front and Rear Suspension. *
Oshkosh Airport TAK-4® Independent Suspension: The TAK-4® Independent Suspension system, a standard integration on all new Striker® Aircraft Rescue and Fire Fighting (ARFF) vehicles, marks a revolutionary enhancement in emergency response vehicle technology.
Designed to tackle the demanding requirements of ARFF services, TAK-4 provides excellent vehicle mobility, exceptional driver feedback and the wheel articulation necessary for high- performance scenarios.
• Oshkosh® Snozzle® high-reach extendable turret (HRET): arms you against the greatest, most extreme ARFF threats. Choose from a 50 ft. or 65 ft. extendable boom. Unleash your attack from every angle – in the air, on the ground, far below grade. Penetrate fire on both sides of the aircraft with intense precision. Cool tight spaces through doorways and over wing exits without ever stepping foot inside the plane
*Oshkosh®Striker®Volterra™Electric ARFF: Efficient. Responsive. Unprecedented. The Oshkosh® Striker® Volterra™ Electric ARFF is meticulously engineered to channel mechanical power and battery power to maximize driving and pumping performance while reducing fuel consumption and emissions.
Oshkosh® Snozzle®: the Oshkosh® Snozzle® high-reach extendable turret (HRET) arms you against the greatest, most extreme ARFF threats. Choose from a 50 ft. or 65 ft. extendable boom. Unleash your attack from every angle – in the air, on the ground, far below grade.
Penetrate fire on both sides of the aircraft with intense precision. Cool tight spaces through door ways and over wing exits without ever stepping foot inside the plane. • Oshkosh Airport Eco EFP™: measure foam percentages from every discharge on the vehicle. The Oshkosh®ECO EFP™ system requires zero foam on the ground for testing foam percentage. ECO EFP measures both the solution and foam flows on the vehicle, and even archives the testing data with a time and date stamp for three years. It's the only foam measuring system fully integrated on the vehicle.
*
43 Describe any “green” initiatives
that relate to your company or to
your Solutions, and include a list
of the certifying agency for each.
Oshkosh Corporation, including Pierce and divisions are focused on action to reduce emissions and rethink how to create more sustainable solutions for customers. 2024 Sustainability Report: https://online.flippingbook.com/view/684211662/ Sustainability Ratings and rankings include:
Bid Number: RFP 082025 Vendor Name: Pierce Manufacturing Inc.
Docusign Envelope ID: 54AC361B-EA37-4256-88FA-9FFA0953E9B9
ATTACHMENT B
27 of 42
605
ISS ESG - "PRIME" RATING
MSCI ESG RATING - AAA RATING
SUSTAINALYTICS - RISK RATING OF 20.8 (Medium risk, where peer average is 28.0) Green initiatives related to Pierce specific Solutions:
• Production of the Pierce® Volterra™ Electric Fire Truck. the first of its kind in North America, is now working on the frontline in several cities including Portland, OR, Gilbert, AZ, and San Diego, CA. Local fire departments partnered with Oshkosh to design the Pierce® Volterra™ platform of electric vehicles. The lithium-ion battery allows for full-shift capacity. It is expected to save substantial fuel and avoid the corresponding CO2. Along with its major benefit of eliminating diesel fumes in the fire station, the electric fire truck also reduces noise. With its sustainable design, the Pierce® Volterra™ electric fire truck offers an environmentally conscious way for America’s first responders to do their jobs and helps cities meet their climate goals.
See 2021 Blog on sustainability - https://www.piercemfg.com/pierce/blog/sustainable- manufacturing-of-fire-trucks
• Exceeding emissions requirements. Our Pierce conventional fire trucks earn GHG reduction credits through a U.S. Environmental Protection Agency (EPA) program for vocational vehicles that outperform emissions efficiency requirements. Low-emissions design features such as fuel- efficient engines and low-rolling resistance tires, enable us to regularly exceed emissions standards. Oshkosh generated 120,516 metric tons of CO2 credits from our model year 2024 vehicles under the U.S. EPA’s GHG Phase 2 Program.
Company green initiatives:
* Member of the Dow Jones Sustainability Indices - 2024 award, 6th year * Automotive News PACE Award (2024): Pierce and Oshkosh Airport Products, along with supplier Dana Incorporated, received the PACE Award for the electro-mechanical, infinitely variable transmission (EMIVT) system used in the Pierce® Volterra™ Electric Fire Truck and the Oshkosh Airport Products Striker® Volterra Electric Aircraft Rescue and Fire Fighting (ARFF) vehicle. This technology reduces CO2 emissions, improves vehicle performance, and lowers operational costs.
• Reducing environmental footprint is in continuous focus as Oshkosh Corporation works toward achieving near-term and long-term science-based targets (noted on page 9 of the 2024 Sustainability Report). These efforts include investments in renewable energy, such as Pierce Manufacturing’s first-ever solar microgrid, which is part of a 90,000-square-foot expansion to its assembly plant in Appleton, WI. This solar microgrid is reducing peak electricity demand through deployment of solar power during times of elevated electricity demand. And by installing 1,200 m2 of solar panels, AUSA managed to cut their CO2 emissions by 35%, making them energy self-sufficient during periods of maximum solar radiation.
Community green initiatives - Goodwill Industries
Pierce works with the local Goodwill Industries on sustainability efforts, by employing Goodwill participants to clean and repackage the Pierce safety glasses, for reuse in our manufacturing facilities. Not only do we help support the community and provide employment, but the reuse of the safety glasses provides cost savings and reduces waste to our landfills. This initiative transition to Oshkosh Airport site at 1515 Neenah at end of 2024.
OSHKOSH AIRPORT:
ISO 14001
o 1515 Neenah – ISO14001 Certified since 2018
o 1497 Neenah – ISO14001 Certified since 2023
o Certification attached
2024 Sustainability Report
o Pages of note: Page 9 – Science Based Targets initiative; Page 41 – Emissions;
2023 Sustainability Report – Solar Microgrid Info
o Link: 2023 Oshkosh Corporation Sustainability Report
https://online.flippingbook.com/view/500025337/
Company Science Based Targets initiative (SBTi)
o Link: Environment | Oshkosh Corporation https://www.oshkoshcorp.com/impact/environment o SHORT-TERM TARGETS
- Reduce absolute scope 1 and 2 GHG emissions 57.7% by 2033 from a 2021 base year.
- Reduce absolute scope 3 GHG emissions 32.5% by 2033 from a 2022 base year, covering key areas from purchased goods, services and use of sold products. o LONG-TERM TARGETS
- Reduce absolute scope 1 and 2 GHG emissions by 90% by 2050 from a 2021 base year.
- Reduce absolute scope 3 GHG emissions 90% by 2050 from a 2022 base year, covering key areas from purchased goods, services and use of sold products.
Company TRUE Zero Certified – Gold Level Certified - see attached True Cert ID to this proposal
o 90% waste diversion from a landfill rate or higher required to achieve/stay in program o TRUE link: TRUE | Zero Waste certification system https://true.gbci.org/ PFAS Free Foam
o Everything with PFAS is tricky, but we do not allow any PFAS Foams on the property.
We do not dispose of any foam at this facility.
*
Bid Number: RFP 082025 Vendor Name: Pierce Manufacturing Inc.
Docusign Envelope ID: 54AC361B-EA37-4256-88FA-9FFA0953E9B9
ATTACHMENT B
28 of 42
606
44 Identify any third-party issued eco-
labels, ratings or certifications that
your company has received for the
Solutions included in your Proposal
related to energy efficiency or
conservation, life-cycle design
(cradle-to-cradle), or other
green/sustainability factors.
There are no third-party issued eco-labels, ratings or certifications received for the Solutions
included in our Proposal related to energy efficiency or conservation, life-cycle design (cradle- to-cradle), or other green/sustainability factors.
*
45 What unique attributes does your
company, your products, or your
services offer to Sourcewell
participating entities? What makes
your proposed solutions unique in
your industry as it applies to
Sourcewell participating entities?
Pierce is a leading manufacturer of customized fire apparatus, with a dealer network that is second to none. The longevity, stability and family tradition in the fire industry that is threaded throughout our dealer network, sets us apart from others. Pierce's partnership with other segments within the Oshkosh Corporation and the backing of our parent company, Oshkosh Corporation, leverages innovation and financial strength.
Pierce and our authorized dealers, understand the customer's needs and provide the details, commitment, and the follow through long after the apparatus is delivered. Pierce is the best choice to meet the needs of each Sourcewell Member. Our entire company is structured and equipped to deliver a fully customized Solution, targeted to address the Sourcewell Member's goals and objectives.
Oshkosh Airport is dedicated to leading the way in technology, product support and customer service in the ARFF market.
Frontline Communications is leading the way in technology and innovation in Mobile Command Vehicles.
*
46 Describe how your solutions meet
United States fire related
standards, such as NFPA, for the
equipment and products offered in
your proposal, including applicable
federal and state requirements.
Pierce contracts with Underwriter's Laboratories to inspect Pierce apparatus for compliance to NFPA standards. Every NFPA 1900 apparatus manufactured in the Appleton, WI facility is reviewed by a UL certified inspector after it is completed. See attached Certification Document CD0049.
47 Describe how your solutions meet
Canadian fire related standards
such as NFPA, and CAN/ULC
S515 for the equipment and
products offered in your proposal,
including applicable federal and
provincial requirements.
Pierce certifies that the manufacturing facility and apparatus have been inspected in accordance with Underwriters Laboratories of Canada. See attached Certification Document CD0059.
48 Describe available service and
repair options for the equipment
and products offered in your
proposal and how the process
works with those servicing the
equipment.
Service and repair operations are facilitated through our dealer network who all have processes tailored to their end customers' needs.
In certain instances, our dealers may request that a product be repaired at a Pierce service center.
Bid Number: RFP 082025 Vendor Name: Pierce Manufacturing Inc.
Docusign Envelope ID: 54AC361B-EA37-4256-88FA-9FFA0953E9B9
ATTACHMENT B
29 of 42
607
Table 5B: Value-Added Attributes
Line
Item Question Certification Offered Comment
49 Select any Women
or Minority Business
Entity (WMBE), Small
Business Entity
(SBE), or veteran
owned business
certifications that your
company or hub
partners have
obtained. Upload
documentation and a
listing of dealerships,
HUB partners or re-
sellers if available.
Select all that apply.
Yes
No
Pierce is publicy owned and does not have HUB partners or franchised dealers. Please see question 20 for recognition Pierce received for work with Veterans.
*
50 Minority Business
Enterprise (MBE)
Yes
No
No further comment *
51 Women Business
Enterprise (WBE)
Yes
No
No further comment *
52 Disabled-Owned
Business Enterprise
(DOBE)
Yes
No
No further comment
*
53 Veteran-Owned
Business Enterprise
(VBE)
Yes
No
No further comment
*
54 Service-Disabled
Veteran-Owned
Business
(SDVOB)
Yes
No
No further comment
*
55 Small Business
Enterprise (SBE)
Yes
No
No further comment *
56 Small Disadvantaged
Business (SDB)
Yes
No
No further comment *
57 Women-Owned Small
Business (WOSB)
Yes
No
No further comment *
Table 6A: Pricing (400 Points, applies to Table 6A and 6B) Provide detailed pricing information in the questions that follow below.
Line
Item Question Response *
58 Describe your payment terms and accepted payment
methods.
All sales are through authorized Pierce dealers with occasional direct orders for Oshkosh Airport or Pierce. Payment terms are Cash on Delivery (COD) or prepayment, unless otherwise agreed upon by the Pierce dealer.
Oshkosh Airport Products' standard payment terms are Net 30 days after delivery of vehicle, for direct orders.
Accepted payment methods include check and wire transfer. *
59 Describe any leasing or financing options available for use by educational or governmental entities.
Through the Pierce Financial Solutions program, PNC Bank provides the industry’s most extensive line of lease plans for fleet replacement.
With dedicated support, industry leading tax-exempt rates, zero documentation fees, flexible payment plans and quick approvals that can bypass voter referendums, we make it easy to get behind the wheel of your new Pierce apparatus.
For more details, refer to “Pierce Financial Solutions Brochure” attached to this solicitation.
*
Bid Number: RFP 082025 Vendor Name: Pierce Manufacturing Inc.
Docusign Envelope ID: 54AC361B-EA37-4256-88FA-9FFA0953E9B9
ATTACHMENT B
30 of 42
608
60 Describe any standard transaction documents that you propose to use in connection with an awarded agreement
(order forms, terms and conditions, service level
agreements, etc.). Upload all template agreements or
transaction documents which may be proposed to
Participating Entities.
Pierce has a variation of standard warranty documents. Sample
documents are included in the warranty document uploads.
There are no standard transaction documents required, in connection to an awarded agreement.
Pierce's standard terms and conditions for order accepance require specific language around index based pricing in the underlying contractual agreement.
No service contracts are included in this proposal as our proposed offering includes apparatus as the core component. Authorized Pierce dealers may offer service contracts for preventative maintenance purposes.
*
61 Do you accept the P-card procurement and payment
process? If so, is there any additional cost to Sourcewell participating entities for using this process?
Pierce does not accept the P-card procurement and payment process for our products. *
62 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.
Given every fire apparatus is custom built, our pricing model is based off product category base model proposal specifications. The base model proposals are built with the most common options. The proposed price list will include:
- Product Category
- Identification ID#
- Product Description
- Published Contract price (List price of base model specifications less the Sourcewell discount)
CONFIGURABILITY: All option content selected from the truck builder system to outfit any of the base models are calculated to include the Sourcewell percentage discount, contingent on the product. *
63 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.
The base specification pricing offered in this proposal for Pierce, Oshkosh Airport and Frontline Communications, represents a 5.50% off List Price.
Option pricing is also 5.50% off List Price.
*
64 Describe any quantity or volume discounts or rebate
programs that you offer.
Multi-Unit Purchase Discount:
Additional discounts may be available for identical multi-unit purchases. Discount varies dependent upon the number of identical units, the configuration of the units, and will be handled on a case-by- case basis.
Pre-Payment Discount:
Discount amount varies dependent upon apparatus price, delivery schedule, extend of pre-payment, and applicable rate. If elected, the payment for the entire contract amount is due within thirty (30) days of contract execution. This deduction is in addition to all other discounts listed above. If this option is elected, final payment for any changes processed during manufacturing is due prior to the unit leaving the factory for delivery.
Payment and pricing options:
Chassis Progress Payment Discount: Discount of approximately
3.00% of the custom chassis price is offered if a chassis progress payment is made three (3) months prior to the RFP (ready for pick up from the factory) date. Example: Chassis progress payment in the amount of $220,714.00 could earn a discount of ($6,621.00).
This discount is not available for Commercial chassis products.
Aerial Device Progress Payment Discount: Discount of
approximately 2.00% of the aerial device price is offered if an eaerial device progress payment is made two (2) months prior to the RFP (ready for pick up from the factory) date. Example: Aerial device progress payment in the amount of $310,385.00 could earn a discount of ($6,207.00).
*
65 Propose a method of facilitating “sourced” products or related services, which may be referred to as “open
market” items or "non-contracted items". 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.
Sourced or open market items may be provided by the Pierce authorized dealer and would be quoted at time of request. *
Bid Number: RFP 082025 Vendor Name: Pierce Manufacturing Inc.
Docusign Envelope ID: 54AC361B-EA37-4256-88FA-9FFA0953E9B9
ATTACHMENT B
31 of 42
609
66 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.
Pierce does not offer turnkey pricing with this contract, given the customization of our products. Not included within the total cost of acquisition is noted below.
Pre-Delivery Expenses
Dealer provided options can be added to the apparatus contract upon request and will be handled by the authorized dealer. Dealer provided options can vary depending upon the customer's request and can include but are not limited to the items listed below. Pricing will be provided to each customer upon request and varies by dealership and customer location.
- Factory inspection trips
- Weekly contruction photo progress reports
- Orientation DVD specific to the Solution
- Loose equipment
- Loose equipment (open market items) such as but not limited to, monitors, hose, intercom systems, radio eqiupment, and rescue tools and equipment.
- Engine and/or transmission diagnostic software
- Pre-delivery service consisting of basic fluids and filters. - Custom fabrication for tool mounting and communication equipment - any items required for the ongoing maintenance of the vehicle during it's useful life
- Other items as requested by customer and deemed sourced or open market
Sales and other taxes, license, handling, or title fees are also not included.
*
67 If freight, delivery, or shipping is an additional cost to the Sourcewell participating entity, describe in detail the complete freight, shipping, and delivery program.
FOB Manufacturer's facility (Shipping Point), unless otherwise agreed to within participating entity contract. *
68 Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any
offshore delivery.
Freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any offshore delivery, requires coordination of different transit methods. Typical transit for an apparatus is by flatbed to the port destination, where it is then prepared for ocean transit via sea-van, for travel to the final destination (roll-on/roll off vessel is preferred). These delivery requirements are priced on a case-by-case basis. Shipping expenses are not included in the base specifications cost.
*
69 Describe any unique distribution and/or delivery methods or options offered in your proposal.
For ARFF vehicles, due to size and weight restrictions, transportation will be via low-boy or flatbed. All required licenses and permits will be obtained prior to shipment.
*
70 Specifically describe any self-audit process or program that you plan to employ to verify compliance with your
proposed agreement with Sourcewell. This process includes ensuring that Sourcewell participating entities obtain the proper pricing.
Pierce requires authorized dealers to attach internal documents through a workflow, that are audited, to ensure the base proposal pricing complies with the published price list. *
71 If you are awarded an agreement, provide a few examples of internal metrics that will be tracked to measure whether you are having success with the agreement.
Pierce has an internal system to track orders using the Sourcewell consortium agreement. The tracking can be sorted by dealership to show the percentage of orders utilizing the contract and the report is shared with dealers periodically in monthly meetings and additionally in an annual sales leader meeting. Updates to specific Sourcewell related issues are also provided on a monthly basis to the sales leaders.
Additionally, to ensure success with the agreement usage, Pierce in joint effort with Sourcewell, promotes training on the nature of the contract and encourages sales representatives to attend the Sourcewell Universities training that is offered.
Within our Leads training to the sales force, cooperative purchasing is also discussed.
*
72 Provide a proposed Administration Fee payable to
Sourcewell. The Fee is in consideration for the support and services provided by Sourcewell. The propose an
Administrative Fee will be payable to Sourcewell on all completed transactions to Participating Entities utilizing this Agreement. The Administrative Fee will be calculated as a stated percentage, or flat fee as may be applicable, of all completed transactions utilizing this Master Agreement
within the preceding Reporting Period defined in the
agreement.
Flat fee of $2,000.00 per customer contract. If more than one truck are on the customer contract, the fee is split.
*
Bid Number: RFP 082025 Vendor Name: Pierce Manufacturing Inc.
Docusign Envelope ID: 54AC361B-EA37-4256-88FA-9FFA0953E9B9
ATTACHMENT B
32 of 42
610
Table 6B: Pricing Offered
Line
Item The Pricing Offered in this Proposal is: * Comments 73 The pricing offered is as good as or better than pricing typically offered through existing cooperative contracts, state contracts, or agencies.
No further comment *
Table 7A: Depth and Breadth of Offered Solutions (200 Points, applies to Table 7A, 7B, 7C and 7D) Line
Item Question Response *
74 Provide a detailed description of all the
Solutions offered, including used Solutions if
applicable, offered in the proposal.
The following detailed descriptions are offered from Pierce, to meet their customer's needs across the U.S., and Canada, including Hawaii and Alaska. The Category's listed in Table 7B are industry standard categories: custom and commercial pumper, tanker and aerial products. Additionally, complementary specialty apparatus is included: command and communication units (Frontline Communications), ARFF products; and Brush and Wildland Urban Interface (WUI) Apparatus.
Reference the Pierce website at: https://www.piercemfg.com/pierce/literature for a full description of each solution.
Authorized Pierce Dealers may offer service contracts for preventative maintenance purposes, as well as training and support related to the product offering.
CUSTOM AND COMMERCIAL PUMPERS
The Pierce pumper body has a variety of body lengths available to provide flexibility.
Customers select the body that is right for them to meet the demanding needs of the truck on scene.
Custom chassis's (Pierce built) include: Pierce® Volterra™ ,Velocity®, Impel®, Enforcer™, and the Saber®.
Commercial chassis are from four leading manufacturers: Ford, Freightliner, International and Kenworth.
- Pumper configurations include: Heavy-Duty Rescue Pumper, High Flow Industrial Pumper, Mini Pumper, PUC™ Pumper, Responder, Pumper, BX™ Pumper, and BX™ Wildland.
WILDLAND
Pierce configurations have been developed to manage both the structural and wildland fire scenarios. Products are developed to provide maneuverability, a focus on angle of approach and departure, comfortable seating for fire fighters, pump and roll capabilities, and compartments space to carry the equipment needed. - Wildland configurations include: Wildland Urban Interface and Wildland BX3.
TANKERS
Tankers, also called tenders, were originally designed to be a simple water-hauler for situations in which there is no fire hydrant at a fire scene. Today, tankers are fire apparatus designed to meet the specific needs of the department they represent, carrying more equipment and ability to be frontline engines if needed. Pierce tankers are flexible enough to be configured to meet those needs of the department. Tankers provide dual roles of water transport and on-the-spot firefighting. Pierce tankers are designed to accommodate the fire department's water, foam, and equipment storage needs.
- Tanker configurations include: BX™ Tanker, Commercial Wet Side Tanker, Commercial Dry Side Tanker, Custom Dry Side Tanker and PUC™ Tanker.
RESCUE
Walk-In Rescues can provide space for rehabilitation, personnel transport, or incident command, and are customized for any level of response. Interiors are configured around specific needs to maximize storage and user capabilities. Pierce non-walk-in heavy-duty Rescues provide both lower compartment and roof-top storage areas to carry equipment for all types of incident support. The compartments are available in many different sizes and configurations, with several door options available.
Our Combination heavy-duty Rescues provide both walk-in and non-walk-in spaces to customize the way you transport, respond, store, and more. These units are especially well-suited for hazardous material responses in which operations centers, equipment storage, and/or laboratory areas are required. - Rescue configurations include: Walk-In, Non-Walk In, Combination and Command.
AERIALS (including Quints)
Pierce aerials are built with perfection to make certain they meet or exceed all NFPA 1900 standards. Exhaustive design, analysis, and testing are completed by Pierce engineers, followed by a 3rd party audit to certify all aerial designs fully meet or exceed the design requirements of NFPA 1900.
*
Bid Number: RFP 082025 Vendor Name: Pierce Manufacturing Inc.
Docusign Envelope ID: 54AC361B-EA37-4256-88FA-9FFA0953E9B9
ATTACHMENT B
33 of 42
611
Pierce offers a range of rear-mounted aerial devices in both steel and aluminum ranging from 55’ to 110’, mounted on single or tandem axle chassis, as well as a mid-mount platform product.
- Aerial configurations include: Heavy duty ladders, platforms, water towers and tillers
AIRCRAFT RESCUE AND FIRE FIGHTING (ARFF)
The Oshkosh® Striker® ARFF combines advanced engineering and cutting-edge technology for optimal performance on the drive and during firefighting. From its aerodynamic design to its state-of-the-art fire suppression systems, it's tailored for the demands of modern airport emergency response. The ARFF vehicle will be equipped to meet NFPA 414 requirements with optional equipment and configurations to meet individual airport needs.
- ARFF configurations include: Oshkosh® Striker® 4x4, 6x6 and 8x8, along with the Volterra™.
COMMAND (Frontline Communications)
Frontline Communications goes beyond just moving equipment to the incident to integrate specialized, responsive solutions around specific mission demands.
Whatever you require – negotiation space, deployment flexibility, a custom aluminum body with a commercial or Pierce® custom chassis – our vehicle design engineers have the expertise to get it exactly right. State-of-the-art 3-D modeling tools for precision design and analysis of all critical vehicle components. Slide-out sections expand interior space. Completely integrated electrical system for maximum operator control. Ergonomically designed driver controls and workstations. Robust power control panels withstand years of use. System design turnkey solutions include sophisticated audio / video routing control and high end displays, integrated communications and radio systems, video conferencing, microwave / satellite transmission capabilities, VSAT and COTM (comms on the move) technologies, hi def and infrared video capture and recording, aerial and drone video and 360 surveillance technologies, plus much more.
- Command configurations include: Large Mobile Command Vehicles, Mid-Size Mobile Command Vehicles, Small Mobile Command Vehicles, CRU-22 Mobile Command Vehicle
75 Within this RFP category there may be
subcategories of solutions. List subcategory
titles that best describe your products and
services.
As noted in Question #74 configurations, Pierce provides industry standard categories including Pumper, Tanker, Aerial, Rescue and Specialty products. Example subcategories are as follows:
Pumpers: Heavy-Duty Rescue Pumper, High Flow Industrial Pumper, Mini Pumper, PUC™ Pumper, Responder, Pumper, BX™ Pumper, and BX™ Wildland.
Tankers: BX™ Tanker, Commercial Wet Side Tanker, Commercial Dry Side Tanker, Custom Dry Side Tanker and PUC™ Tanker.
Aerials: Ascendant® class of aerial ladders, platforms and tillers and well as the Sky- Boom™, all including pump and no pump configurations
Rescue: Walk-In, Non-Walk In, Combination and Command.
Specialty: Command configurations as noted in question 74 above. ARFF configurations as noted in question 74 above.
*
76 Describe available remount or refurbishing
services included within your proposal, the
pricing method for such services, and any
related order processes.
Apparatus refurbishment and remount services are offered through the Pierce authorized dealers. Each job is quoted independently from one another, due to the complexity.
Pricing for refurbishment and remounting is not included in this submission and pricing can vary depending on the service needed.
*
Bid Number: RFP 082025 Vendor Name: Pierce Manufacturing Inc.
Docusign Envelope ID: 54AC361B-EA37-4256-88FA-9FFA0953E9B9
ATTACHMENT B
34 of 42
612
77 Describe in detail warranties offered and how
they will be administered, including if they
cover all products, parts, labor, technician
travel, and geographic regions covered.
Yes, our one-year bumper to bumper warranty covers all product, parts, and labor.
Pierce, the ""manufacturer"", warrants each newly manufactured fire apparatus to the original end user/purchaser of specified periods stated below from the date of delivery.
The standard Cab & Chassis warranty provides a one-year warranty that warrants against defects in product, workmanship, and/or design. This warranty shall apply provided the vehicle is properly maintained.
Nothing contained in this warranty shall make the Manufacturer liable beyond the express limitations hereof, for loss, injury, or damage of any kind to any person or entity resulting defect or failure of the product (except as covered by Product Liability insurance).
Refer to WA0008 Pierce 1 Yr Warranty .pdf attached to this solicitation.
The Manufacturer's warranty shall not apply to the followlng:
•Wear Items
•Normal adjustments and maintenance services.
•Failures resulting from the product being operated in a manner not in accordance with the operation manual or for a purpose not recommended by the Manufacturer. •Any product which shall have been repaired, modified, or altered in any way to have been adversely affected the unit's stability or reliability. •Items subjected to misuse, negligence, accident, or improper maintenance. •Loss of time or use of the product, Inconvenience, or other incidental expenses.
The authorized Pierce dealer manages all warranty issues on behalf of the end customer. The Pierce dealer utilizes an online claim fillng system known as One Warranty for claim processing. Pre-approval for a claim or request for credit (post-correction claim) can be filed via the One Warranty system in the event a warrantable failure is found.
All Standard and Extended Warranty claims are subject to specific Standard and Extended Warranty guidelines. Specific warranties exist for particular makes, models ,chassis, options, etc. for Pierce products. Specific warranty bulletins are provided at time of sale to the end customer.
*
78 Will you cover warranty service for items
made by other manufacturers that are part of
your proposal, or are these warranty issues
typically passed on to the original equipment
manufacturer?
Major components installed but not manufactured by Pierce or Airport Products are covered under original equipment manufacturer's warranties passed through to end user/customer. These include, but are not limited to, engine, transmission, water pump, ABS, and axles.
Component Warranties
In some cases, suppliers will offer warranties beyond the Pierce or Airport Products one-year warranty. Warranties provieded by individual suppliers other than Pierce or Airport Products apply after the one-year vehicle warranty. The administration of the individual supplier warranties, per the supplier, are to be addressed directly with the supplier themselves.
*
79 Describe any service contract options or
extended warranties being offered with your
proposal.
Authorized Pierce dealers may offer service contracts for preventative maintenance purposes. No service contracts are included in this proposal.
Availability of extended warranties, if requested, would be through the Pierce dealers. *
Bid Number: RFP 082025 Vendor Name: Pierce Manufacturing Inc.
Docusign Envelope ID: 54AC361B-EA37-4256-88FA-9FFA0953E9B9
ATTACHMENT B
35 of 42
613
Table 7B: Category 1: Structural Apparatus and Comprehensive Solutions - Proposers may submit in Category 1 OR Category 2 OR Category 3, NOT MULTIPLE
Indicate below if the listed types or classes of Solutions are offered within your proposal. Provide additional comments in the text box provided, as necessary.
We will not be submitting for Table 7B: Category 1: Structural Apparatus and Comprehensive Solutions - Proposers may submit in Category 1 OR Category 2 OR Category 3, NOT MULTIPLE
Line Item Category or Type Offered * Comments
80 Pumper trucks, aerial trucks, tanker/tender or water supply trucks, and quints
Yes
No
See Depth and Breadth of Offered
Solutions in question 74. *
81 Equipment, options, accessories, components, and
supplies complementary to the offering of the unit
types described in 77 above
Yes
No
The solicitation is not intended to
include “service-only” solutions, and
our proposed offering includes
apparatus as the core component.
To complement these offerings, our
dealer network is equipped to provide
a full range of related services—
including technical diagnostics,
installation, preventive maintenance,
warranty support, and repair—where
these services directly support the
deployment and performance of our
apparatus.
Please note that while services such
as preventive maintenance contracts
are often handled directly through our
authorized dealership network, they
are provided specifically in support of
the apparatus we offer and are
designed to ensure optimal
performance and lifecycle value of the
solutions proposed.
*
82 Related services including installation,
customization, remounting, refurbishment, inspection,
maintenance, repair, training, and support, directly
related to the offering in 77 - 78 above
Yes
No
Our dealer network is equipped to
provide the related services including
installation, customization, remounting,
refurbishment, inspection,
maintenance, repair, training, and
support, directly related to the offering
in 77-78 above.
Required training per compliance with
NFPA is offered with the sale of the
apparatus as well as additional
product training and extended
warranties can be purchased as well.
*
83 Category 1 responders MAY include
COMPLEMENTARY Specialty Apparatus and
Equipment and Brush and Wildland Urban Interface
(WUI) Apparatus solutions in their response
Yes
No
Complementary categories included in
this proposal include:
Frontline Communications leads
service on mobile command and
communication units;
Oshkosh Airport leads Aircraft Rescue
and Firefighting Products (ARFF);
Other rescue vehicles, mobile foam
units, Wildland firefighting apparatus,
brush trucks, wildland urban interface
(WUI) units included.
*
Bid Number: RFP 082025 Vendor Name: Pierce Manufacturing Inc.
Docusign Envelope ID: 54AC361B-EA37-4256-88FA-9FFA0953E9B9
ATTACHMENT B
36 of 42
614
Table 7C: Category 2: Specialty Apparatus and Equipment - Proposers may submit in Category 1 OR Category 2 OR Category 3, NOT MULTIPLE
Indicate below if the listed types or classes of Solutions are offered within your proposal. Provide additional comments in the text box provided, as necessary.
We will not be submitting for Table 7C: Category 2: Specialty Apparatus and Equipment - Proposers may submit in Category 1 OR Category 2 OR Category 3, NOT MULTIPLE
Line Item Category or Type Offered * Comments
84 Specialty apparatus including but not limited to:
aircraft rescue and firefighting (ARFF), command
and communication units, mobile foam units, and
custom rescue trailers
Yes
No *
85 Equipment, options, accessories, components, and
supplies complementary to the offering of the unit
types described in 81 above
Yes
No *
86 Related services including installation,
customization, remounting, refurbishment, inspection,
maintenance, repair, training, and support, directly
related to the offering in 81 - 82 above
Yes
No *
87 Category 2 responders MAY include
COMPLEMENTARY Brush and Wildland Urban
Interface (WUI) Apparatus solutions in their
response
Yes
No *
Table 7D: Category 3: Brush and Wildland Urban Interface (WUI) Apparatus - Proposers may submit in Category 1 OR Category 2 OR Category 3, NOT MULTIPLE
Indicate below if the listed types or classes of Solutions are offered within your proposal. Provide additional comments in the text box provided, as necessary.
We will not be submitting for Table 7D: Category 3: Brush and Wildland Urban Interface (WUI) Apparatus - Proposers may submit in Category 1 OR Category 2 OR Category 3, NOT MULTIPLE
Line Item Category or Type Offered * Comments
88 Wildland firefighting apparatus, such as brush
trucks and wildland urban interface (WUI) units
Yes
No *
89 Equipment, options, accessories, components, and
supplies complementary to the offering of the unit
types described in 85 above
Yes
No *
90 Related services including installation,
customization, remounting, refurbishment, inspection,
maintenance, repair, training, and support, directly
related to the offering in 85 - 86
Yes
No *
91 Category 3 responders MAY include
COMPLEMENTARY Specialty Apparatus and
Equipment solutions in their response
Yes
No *
Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.
Documents
Bid Number: RFP 082025 Vendor Name: Pierce Manufacturing Inc.
Docusign Envelope ID: 54AC361B-EA37-4256-88FA-9FFA0953E9B9
ATTACHMENT B
37 of 42615
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.” Pricing - FY26 Pierce Mfg. bid price FINAL.pdf - Tuesday August 19, 2025 14:48:46 Financial Strength and Stability - Financial Strength.zip - Tuesday August 19, 2025 15:05:52 Marketing Plan/Samples - Pierce history.sustainability.zip - Tuesday August 19, 2025 15:16:35 WMBE/MBE/SBE or Related Certificates - Certificates.zip - Tuesday August 19, 2025 15:10:57 Standard Transaction Document Samples - WA0008 Pierce 1 Yr Warranty.pdf - Tuesday August 19, 2025 15:01:43 Upload Additional Document - Dealer Listing and Maps.zip - Wednesday August 20, 2025 09:22:46 Requested Exceptions - RFP_082025_Master Agreement_PierceMFGedits.docx - Monday August 11, 2025 14:27:05 Bid Number: RFP 082025 Vendor Name: Pierce Manufacturing Inc.
Docusign Envelope ID: 54AC361B-EA37-4256-88FA-9FFA0953E9B9
ATTACHMENT B
38 of 42
616
Addenda, Terms and Conditions
PROPOSER AFFIDAVIT OF COMPLIANCE
I certify that I am an authorized representative of Proposer and have authority to submit the foregoing Proposal:
1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence.
2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for award.
3. The Proposer certifies that:
(1) The prices in this Proposal have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other Proposer or competitor relating to- (i) Those prices;
(ii) The intention to submit an offer; or
(iii) The methods or factors used to calculate the prices offered. (2) The prices in this Proposal have not been and will not be knowingly disclosed by the Proposer, directly or indirectly, to any other Proposer or competitor before award unless otherwise required by law; and (3) No attempt has been made or will be made by Proposer to induce any other concern to submit or not to submit a Proposal for the purpose of restricting competition.
4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest is created when a current or prospective supplier is unable to render impartial service to Sourcewell due to the supplier’s: a. creation of evaluation criteria during performance of a prior agreement which potentially influences future competitive opportunities to its favor; b. access to nonpublic and material information that may provide for a competitive advantage in a later procurement competition; c. impaired objectivity in providing advice to Sourcewell.
5. Proposer will provide to Sourcewell Participating Entities Solutions in accordance with the terms, conditions, and scope of a resulting master agreement.
6. The Proposer possesses, or will possess all applicable licenses or certifications necessary to deliver Solutions under any resulting master agreement.
7. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.
8. Proposer its employees, agents, and subcontractors are not:
1. Included on the “Specially Designated Nationals and Blocked Persons” list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasury.gov/ofac/downloads/sdnlist.pdf;
2. Included on the government-wide exclusions lists in the United States System for Award Management found at:
https://sam.gov/SAM/; or
3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation.
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. - Daniel Meyer, Vice President, Sales, Pierce Manufacturing Inc.
Bid Number: RFP 082025 Vendor Name: Pierce Manufacturing Inc.
Docusign Envelope ID: 54AC361B-EA37-4256-88FA-9FFA0953E9B9
ATTACHMENT B
39 of 42
617
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 obligations contemplated in the solicitation proposal.
Yes 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.
File Name
I have reviewed the
below addendum and
attachments (if
applicable)
Pages
Addendum_7_Firefighting_Apparatus_RFP_082025
Wed August 6 2025 04:28 PM 2
Addendum_6_Firefighting_Apparatus_RFP_082025
Mon August 4 2025 05:42 PM 1
Addendum_5_Firefighting_Apparatus_RFP_082025
Thu July 31 2025 04:55 PM 1
Addendum_4_Firefighting_Apparatus_RFP_082025
Fri July 25 2025 04:25 PM 2
Addendum_3_Firefighting_Apparatus_RFP_082025
Wed July 23 2025 04:42 PM 3
Addendum_2_Firefighting_Apparatus_RFP_082025
Thu July 3 2025 03:37 PM 1
Addendum_1_Firefighting_Apparatus_RFP_082025
Wed July 2 2025 03:49 PM 1
Bid Number: RFP 082025 Vendor Name: Pierce Manufacturing Inc.
Docusign Envelope ID: 54AC361B-EA37-4256-88FA-9FFA0953E9B9
ATTACHMENT B
40 of 42
618
(Rev. 1.14.2026)
EXHIBIT 8
INSURANCE REQUIREMENTS
NOT APPLICABLE
EXHIBIT B
ATTACHMENT B
41 of 42
619
PRODUCT PROPOSAL FOR:
City of Stockton Fire Department
400 E. Main Street
Stockton, CA 95202
Sales Consultant
Ryan Wright
[email protected]
Mobile: (209) 613-3809
Gold
en State Fire Apparatus, Inc. (“GSFA”) is pleased to provide this proposal for the fire apparatus(es) and equipment identified below (the " Product”) to CITY OF STOCKTON (“Customer ”) for consideration. This proposal (this “ Product Proposal ”) includes the following exhibits attached hereto: the Standard Terms and Conditions attached as Exhibit A (the “Terms and Conditions ”); the Product Specifications attached as Exhibit B (the “Specifications ”); the Product Warranties attached as Exhibit C; and the Dealer Supplied Products and/or Services attached as Exhibit D (the “Dealer Supplied Products/Services List ”) (all of the foregoing, collectively, the “ Agreement”). Through its signature below or other Acceptance (as defined on page 2), Customer acknowledges having received and read, and agrees to be bound by, the Agreement. The Agreement shall be effective as of the latest date appearing in the signature blocks below (the “ Executed Date”).
PAYM
ENT TERMS – Customer shall pay the total purchase price set forth directly above (the “ Grand Total Purchase Price”) to GSFA within thirty (30) calendar days of the Executed Date. If payment of the Grand Total Purchase Price is late, a late fee as sp ecified in section 6 of the Terms and Conditions may be applied, and the Prepayment Discount may be adjusted, and the Gr and Total Purchase Price increased in accordance with section 2.c of the Terms and Conditions. Customer shall pay any balance due as a result of Change Orders as described in the Terms and Conditions.
MANUF
ACTURER – Customer acknowledges that GSFA is not an agent of the Product manufacturer identified above (“Manufacturer”) and is not capable of binding Manufacturer. Within five (5) business days of the Executed Date, GSFA shall submit an order form to the Manufacturer for the Product. GSFA’s further performance under the Agreement is contingent upon Manufacturer’s acceptance of such order form at the price and on the terms GSFA believed to be available when submitting this Product Proposal to Customer. If Manufacturer rejects such order as submitted or fails to respond to GSFA within a reasonable SUBMITTED DATE EXPIRATION DATE GSFA PROPOSAL # MANUFACTURER BID # MANUFACTURER CONSORTIUM 01/27/2026 03/27/2026 90127-26A 940 Pierce
Manufacturing,
Inc.
Sourcewell #082025,
ID #1804, Member
#26357
ITEM PRODUCT DESCRIPTION EXTENDED PRICE
A Two (2) Pierce Manufacturing, Inc. Enforcer 1500 GPM Type 1 Fire Engines 2,056,282.00 B Discount for 100% Payment at Time of Order (the “Prepayment Discount”) (190,692.00) C SUBTOTAL 1,865,590.00
D 9.00% State Sales Tax 167,903.10
E California Tire Fee 21.00
F 100% Performance Bond 2,434.00
G GRAND TOTAL PURCHASE PRICE 2,035,948.10
EXHIBIT C
ATTACHMENT B
42 of 42
620
(Rev. 1.17.2025)
COOPERATIVE/PIGGYBACK PURCHASE AGREEMENT
AGREEMENT SUMMARY:
1. Cooperative/Piggyback
Name:
2. Contractor:
3. Cooperative Agency
Agreement Name and
Agreement Number:
4. Cooperative Agency Initial
Agreement Term:
5. Cooperative Agency’s
Agreement-Options to
extend:
6. Cooperative Agency
Amended Term:
7. Cooperative Agency
Remaining Options to
Renew:
8. City of Stockton
Cooperative Purchase
Agreement Term:
9. City of Stockton
Cooperative/ Piggyback
Purchase Agreement
Amount:
Helping Governments Across the Country Buy
(HGAC)
Golden State Fire Apparatus of Sacramento, CA
Start Date: December 12,2023
End Date: November 30, 2027
N/A
N/A
Start Date: Upon Execution
End Date: November 30, 2027
Not to Exceed $652,365.69 for the term of the
Agreement.
BME Fire Trucks Contract No. FS12-23
N/A
ATTACHMENT C
621
(Rev. 1.17.2025)
AGREEMENT
The City of Stockton, a California municipal corporation on behalf of itself and its associated entities ("City"), and the above-named Contractor (“Contractor”), do hereby agree that City shall be granted the pricing, terms, and conditions under the above referenced BME Fire Trucks Contrac t No. FS12-23 (“COOP”) as such may be amended from time to time. The COOP and associated documents referenced in the agreement are incorporated herein as Exhibit A to this City Cooperative/Piggyback Purchase Agreem ent (“Agreement”).
Contractor shall grant such pr icing, terms, and c onditions to City for all procurements of goods and services, whether tak ing place on a City purchase order, purchasing card (credit c ard), or other purchas ing modality, whether via telephone, via the Contractor website, or via direct purchase at a Contractor retail location.
Agreement Term: The Term of this Agreement shall remain in effect from date of the signing of this Agreement through November 30, 2027,unless terminated earlier by the City.
If the Cooperative/Piggyback Agency extends the COOP with Contractor by a written amendment, the City has the option to extend the term of this Agreement by written amendment not to go beyond the term stated in the COOP fully executed amendment. Insurance and Hold Harmless: In addition to the pricing, terms and conditions stated in the COOP and the associated documents incorporated herein as Exhibit A, Contractor shall, at Contractor’s sole cost and expense and for the full term of the Agreement or any extension thereof, obtain and maintain at least all the insurance requirements listed in attached Exhibit B.
To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and
fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this Agreement.
These obligations shall survive the completion or termination of this Agreement.
3. Compensation: City and Contractor do hereby enter into this Agreement for One (1) BME Fire Truck available inthe above-named COOP and associated documents incorporated herein as Exhibit A andreferenced in the attached quote Exhibit C. In no way, shall payment to the Contractorduring the term of this Agreement exceed $652,365.69 for the purchase ofone (1) BME Fire Truck.
Any person signing this Agreement on behalf of City orContractor does warrants that he or she has full authority to do so.
ATTACHMENT C
622
ATTACHMENT C
4. Governing Law. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.
5. Applicable Law. Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
This Agr eement may be amended only by a written amendment, consistent with the COOP, signed by Contractor and City.
CITY OF STOCKTON
Johnny Ford, City Manager
Date: --------
ATTEST:
Katherine Roland, CMC, CPMC, City Clerk
APPROVED AS TO FORM:
Marci A. Arredondo, City Attorney
Print name
Print flame v
Title:
[If Contractor is a corporation, signatures must
comply with Corporations Code §313]
Title:
(Rev. 1.17.2025) Page 3 of 36
623
H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Contract - Golden State Fire Apparatus, Inc. - Public Services - ID: 11602 - - FS12- 23 MASTER GENERAL PROVISIONS
This Master Agreement is made and entered into, by and between the Houston-Galveston Area Council hereinafter referred to as H-G AC havi ng its princi pal place of business at 3555 Timmons Lane, Suite 120, H
ouston, Texas 77027 and Golden State Fire Apparatus, Inc ., hereinafter referred to as the Contrac tor, having its principal pl ace of bus iness at 7400 Reese Road, Sacr amento, CA 95828.
WITNESSETH:
WHEREAS, H-GAC hereby engages the Contractor to perf orm cer tain services in accordance with the specifications of the Master Ag reement; and
WHEREAS, the Contractor has agreed to perfor m such services in accordance with the specifications of the Mas
ter Ag reement;
NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into this Mast er Agreement. The Contractor's governing body, w he re applicable, has authorized the signatory offi cial(s) to en ter into this Master Agreement and bind the Contractor to the terms of this Ma ster Agreement an d any subsequen t amendments hereto.
ARTICLE 2:
APPLICABLE LAWS
The Contractor agrees to conduct all activities under this Master Agreement in accordance with all fede ral laws, execu
tive orders, policies, procedures, applicable rules, regulations, directives, standards, ordinances, and laws, in eff
ect or promulgated during the term of this Ma st er Agreement, including without limitation, workers’ com
pensation laws, minimum and maximum salary and w age statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish H-GAC with sat isfactory proof of its compliance ther
ewith.
ARTICL
E 3: PUBLIC INFORMATION
Except as stated below, all materials submitted to H-GAC, including any attachm e nts, appendices, or other information submitted as a part of a submission or Mas ter Agreement, are considered public information, and becom
e the property of H-GAC upon submission and may be reprinted, published, or distributed in any man ner by H-GAC according to open records laws, requirements of the US Department of Labor and the State of Texas, and H-GAC policie s and procedures. In the event t he Contractor wishes to claim port i ons of the re spons e are not subject to the Texas Public Information Act, it shall so; however, the determination of the Texas Attorney Ge neral as to whether such information must be disclosed upon a public request shall be binding on the Contractor. H-GAC will request such a determination only if Contractor bears all costs for preparation of the submission. H-GAC is not responsible for the return of creative examples of wor k subm itted. H-GAC will not be held accountable if material from submissions is obtained without the writt en consent o f the contractor by parties o ther than H-GAC, at any tim
e during the evaluation process.
ARTICLE 4: INDEPENDENT CONTRACTOR
The execution of this Maste r Agreement and the rendering of services prescribed by this Master Agreement do not change th e independent status of H-GAC or the Contractor. N o provision of this Master Agreement or act of H- GAC in performance of the Master Agreement shall be construed as making the Contractor the agent, servant, or
ATTACHMENT C
EXHIBIT A
624
employee of H-GAC, the State of Texas, or the United States Government. Employees of the Contractor are subject to the exclusive control and supervision of the Contractor. The Contractor is solely responsible for employee related disputes and discrepancies, including employee payrolls and any claims arising therefrom.
ARTICLE 5: ANTI-COMPETITIVE BEHAVIOR
Contractor will not collude, in any manner, or engage in any practice which may restrict or eliminate competition or otherwise restrain trade.
ARTICLE 6: SUSPENSION AND DEBARMENT
Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
Pursuant to the Federal Rule above, Respondent 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 or by the State of Texas and at all times during the term of the Contract neither it nor its principals will be debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas Respondent shall immediately provide the written notice to H-GAC if at any time the Respondent learns that this certification was erroneous when submitted or has become erroneous by reason of changed circumstances. H-GAC may rely upon a certification of the Respondent that the Respondent is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract, unless the H-GAC knows the certification is erroneous.
ARTICLE 7: GOAL FOR CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (if subcontracts are to be let) H-GAC’s goal is to assure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible in providing services under a contract. In accordance with federal procurements requirements of 2 CFR §200.321, if subcontracts are to be let, the prime contractor must take the affirmative steps listed below:
1. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;
2. Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller task or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises;
5. Using the services and assistance as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.
6. Nothing in this provision will be construed to require the utilization of any firm that is either unqualified or unavailable. The Small Business Administration (SBA) is the primary reference and database for information on requirements related to Federal Subcontracting https://www.sba.gov/federal-contracting/contracting-guide/prime- subcontracting
NOTE: The term DBE as used in this solicitation is understood to encompass all programs/business enterprises such as: Small Disadvantaged Business (SDB), Historically Underutilized Business (HUB), Minority Owned Business Enterprise (MBE), Women Owned Business Enterprise (WBE) and Disabled Veteran Business Enterprise (DVBE) or other designation as issued by a certifying agency.
Contractor agrees to work with and assist HGACBuy customer in meeting any DBE targets and goals, as may be required by any rules, processes, or programs they might have in place. Assistance may include compliance with reporting requirements, provision of documentation, consideration of Certified/Listed
ATTACHMENT C
625
subcontractors, provision of documented evidence that an active participatory role for a DBE entity was considered in a procurement transaction, etc.
ARTICLE 8: SCOPE OF SERVICES
The services to be performed by the Contractor are outlined in an Attachment to this Master Agreement.
ARTICLE 9: PERFORMANCE PERIOD
This Master Agreement shall be performed during the period which begins Dec 01 2023 and ends Nov 30 2027.
All services under this Master Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 21, which shall be fully executed by both parties to this Master Agreement.
ARTICLE 10: PAYMENT OR FUNDING
Payment provisions under this Master Agreement are outlined in the Special Provisions. H-GAC will not pay for any expenses incurred prior to the execution date of a contract, or any expenses incurred after the termination date of the contract.
ARTICLE 11: PAYMENT FOR WORK
The H-GAC Customer is responsible for making payment to the Contractor upon delivery and acceptance of the goods or completion of the services and submission of the subsequent invoice.
ARTICLE 12: PAYMENT TERMS/PRE-PAYMENT/QUANTITY DISCOUNTS If discounts for accelerated payment, pre-payment, progress payment, or quantity discounts are offered, they must be clearly indicated in the Contractor’s submission prior to contract award. The applicability or acceptance of these terms is at the discretion of the Customer.
ARTICLE 13: REPORTING REQUIREMENTS
If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by this Master Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may terminate this Master Agreement with notice as identified in Article 29 of these General Provisions. H-GAC has final determination of the adequacy of performance and reporting by Contractor. Termination of this Master Agreement for failure to perform may affect Contractor’s ability to participate in future opportunities with H-GAC. The Contractor's failure to timely submit any report may also be considered cause for termination of this Master Agreement. Any additional reporting requirements shall be set forth in the Special Provisions of this Master Agreement.
ARTICLE 14: INSURANCE
Contractor shall maintain insurance coverage for work performed or services rendered under this Master Agreement as outlined and defined in the attached Special Provisions.
ARTICLE 15: SUBCONTRACTS AND ASSIGNMENTS
Except as may be set forth in the Special Provisions, the Contractor agrees not to assign, transfer, convey, sublet, or otherwise dispose of this Master Agreement or any right, title, obligation, or interest it may have therein to any third party without prior written approval of H-GAC. The Contractor acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor. The Contractor shall ensure that the performance rendered under all subcontracts shall result in compliance with all the terms and provisions of this Master Agreement as if the performance rendered was rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's compliance, or that of Contractor’s subcontractors, with any laws or regulations.
ARTICLE 16: AUDIT
Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be conducted an independent audit of any transaction under this Master Agreement, such audit may be performed by the H-GAC
ATTACHMENT C
626
local government audit staff, a certified public accountant firm, or other auditors designated by H-GAC and will be conducted in accordance with applicable professional standards and practices. The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for any findings that result in monetary obligations to H- GAC.
ARTICLE 17: TAX EXEMPT STATUS
H-GAC and Customer members are either units of government or qualified non-profit agencies, and are generally exempt from Federal and State sales, excise or use taxes. Respondent must not include taxes in its Response. It is the responsibility of Contractor to determine the applicability of any taxes to an order and act accordingly.
Exemption certificates will be provided upon request.
ARTICLE 18: EXAMINATION OF RECORDS
The Contractor shall maintain during the course of the work complete and accurate records of all of the Contractor's costs and documentation of items which are chargeable to H-GAC under this Master Agreement. H- GAC, through its staff or designated public accounting firm, the State of Texas, and United States Government, shall have the right at any reasonable time to inspect, copy and audit those records on or off the premises by authorized representatives of its own or any public accounting firm selected by H-GAC. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained. Failure to provide access to records may be cause for termination of the Master Agreement. The records to be thus maintained and retained by the Contractor shall include (without limitation): (1) personnel and payroll records, including social security numbers and labor classifications, accounting for total time distribution of the Contractor's employees working full or part time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or other evidence of disbursement of payroll payments; (2) invoices for purchases, receiving and issuing documents, and all other unit inventory records for the Contractor's stocks or capital items; and (3) paid invoices and cancelled checks for materials purchased and for subcontractors' and any other third parties' charges.
Contractor agrees that H-GAC will have the right, with reasonable notice, to inspect its records pertaining to purchase orders processed and the accuracy of the fees payable to H-GAC. The Contractor further agrees that the examination of records outlined in this article shall be included in all subcontractor or third-party Master Agreements.
ARTICLE 19: RETENTION OF RECORDS
The Contractor and its subcontractors shall maintain all records pertinent to this Master Agreement, and all other financial, statistical, property, participant records, and supporting documentation for a period of no less than seven (7) y
ears from the later of the date of acceptance of the final payment or until all audit findings have been resolved.
I
f any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration
of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully resolved.
ARTICLE 20: DISTRIBUTORS, VENDORS, RESELLERS
Contractor agrees and acknowledges that any such designations of distributors, vendors, resellers or the like are for the convenience of the Contractor only and the awarded Contractor will remain responsible and liable for all obligations under the Contract and the performance of any designated distributor, vendor, reseller, etc. Contractor is also responsible for receiving and processing any Customer purchase order in accordance with the Contract and forwarding of the Purchase Order to the designated distributor, vendor, reseller, etc. to complete the sale or service.
H-GAC reserves the right to reject any entity acting on the Contractor’s behalf or refuse to add entities after a contract is awarded.
ARTICLE 21: CHANGE ORDERS AND AMENDMENTS
ATTACHMENT C
627
A. Any alterations, additions, or deletions to the terms of this Master Agreement, which are required by changes in federal or state law or by regulations, are automatically incorporated without written am
endment hereto, and shall become effective on the date designated by such law or by regulation.
B. To ensure the legal and effective performance of this Master Agreement, both parties agree that any amendment that affects the performance under this Master Agreement must be mutually agreed upon and that all such amendments must be in writing. After a period of no less than 30 days subsequent to writ ten
noti
ce, unless sooner implementation is required by law, such amendments shall have the effect of qualify
ing the terms of this Master Agreement and shall be binding upon the parties as if written herein.
C. Customers have the right to issue a change order to a ny purchase orders issued to the Contractor for the purpos
es of clarification or inclusion of additional specifications, qualifications, conditions, etc. The change order must be in writing and agreed upon by Contractor and the Customer agency prior to issuance of any Change Order. A copy of the Change Order must be provided by the Contractor to, and ack
nowledged by, H-GAC.
ARTICLE 22: CONTRACT ITEM CHANGES
A. If a manufacturer discontinues a contracted item, that item will automatically be considered deleted from the contract with no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contrac
t award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers.
B. If a manufacturer makes any kind of change in a contracted item which affects the contract price, Contra
ctor must advise H-GAC of the details. H-GAC may allow or reject the change at its sole discretion.
If the change is rejected, H-GAC will remove the item from its program and there will be no penalty to Contra
ctor. However, H- GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers.
C. I f a manufacturer makes any change in a contracted item which does not affect the contract pric e, C
ontractor shall advise H-GAC of the details. If the 'new' item is equal to or better than the originally contracted item, the 'new' item shall be approved as a replacement. If the change is rejected H-GAC will rem
ove the item from its program and there will be no penalty to Contractor. However, H-GAC may at its sol
e discretion elect to make a contract award to the next lowest Respondent for the item or may take any other action deemed by H-GAC at its sole discretion, to be in the best interests of its Customers.
D. I n the case of specifically identified catalogs or price sheets which have been contracted as base bid items or as published options, routine published changes to products and pricing will be automatically incorporated into the contract. However, Contractor must still provide written notice and an explanation of
the c
hanges to products and pricing. H-GAC will respond with written approval.
ARTICLE 23: CONTRACT PRICE ADJUSTMENTS
Price Decreases
If Contractor’s Direct Cost decreases at any time during the full term of this award, Contractor must immediately pass the decrease on to H-GAC and lower its prices by the amount of the decrease in Direct Cost. (Direct Cost means Contractor’s cost from the manufacturer of any item or if Contractor is the manufacturer, the cost of raw materials required to manufacture the item, plus costs of transportation from manufacturer to Contractor and Contractor to H-GAC. Contractor must notify H-GAC of price decreases in the same way as for price increases set out below. The price decrease shall become effective upon H-GAC’s receipt of Contractor’s notice. If Contractor routinely offers discounted contract pricing, H-GAC may request Contractor accept amended contract pricing equivalent to the routinely discounted pricing.
ATTACHMENT C
628
Price Increase
Contractors may request a price increase for items priced as Base Bid items and Published Options. The amount of any increase will not exceed actual documented increase in Contractor’s Direct Cost and will not exceed 10% of the previous bid price. Considerations on the percentage limit will be given if the price increase is the result of increased tariff charges or other governmental actions, or other economic factors. Manufacturer price/contract changes involving the sale of motor vehicles will be considered and may be allowed during the entire contract period subject to submission and verification of the proper documentation required for a contract change as referenced in this section.
Price Changes
Any permanent increase or decrease in offered pricing for a base contract item or published option is considered a price change. Temporary increases in pricing by whatever name (e.g., ‘surcharge’, ‘adjustment’, ‘equalization charge’, ‘compliance charge’, ‘recovery charge’, etc.), are also considered to be price changes.
For published catalogs and price sheets as part of an H-GAC contract, requests to amend the contract to reflect any new published catalog or price sheet must be submitted whenever the manufacturer publishes a new document.
The request must include the new catalog or price sheet. All Products shall, at time of sale, be equipped as required under any then current applicable local, state, and federal government requirements. If, during any contract, changes are made to any government requirements which cause a manufacturer's costs of production to increase, Contractor may increase pricing to the extent of Contractor’s actual cost increase. The increase must be substantiated with support documentation acceptable to H-GAC prior to taking effect. Modifications to a Product required to comply with such requirements which become effective after the date of any sale are the responsibility of the Customer.
Requesting Price Increase/Required Documentation
Contractor must submit a written overview of changes requested and reasons for the request, stating the amount of the increase, along with an itemized list of any increased prices, showing the Contractor’s current price, revised price, the actual dollar difference and the percentage of the price increase by line item. Price change requests must be supported with substantive documentation (e.g., notices from suppliers and manufacturers of pricing changes in products, components, transportation, raw materials or commodities, and/or product availability, copies of invoices from suppliers, etc.) clearly showing that Contractor's actual costs have increased per the applicable line-item bid.
The Producer Price Index (PPI) may be used as partial justification, subject to approval by H-GAC, but no price increase based solely on an increase in the PPI will be allowed. This documentation should be submitted in Excel format to facilitate analysis and updating of the website. The letter and documentation must be sent to Lead Program Coordinator, [email protected].
Review/Approval of Requests
If H-GAC approves the price increase, Contractor will be notified in writing; no price increase will be effective until Contractor receives this notice. If H-GAC does not approve Contractor’s price increase, Contractor may terminate its performance upon sixty (60) days advance written notice to H-GAC, however Contractor must fulfill any outstanding Purchase Orders. Termination of performance is Contractor’s only remedy if H-GAC does not approve the price increase. H-GAC reserves the right to accept or reject any price change request.
ARTICLE 24: DELIVERIES AND SHIPPING TERMS
The Contractor agrees to make deliveries only upon receipt of authorized Customer Purchase Order acknowledged by H-GAC. Delivery made without such Purchase Order will be at Contractor’s risk and will leave H-GAC the option of canceling any contract awarded to the Contractor. The Contractor must secure and deliver any item within five (5) working days, or as agreed to on any corresponding customer Purchase Order.
Shipping must be Freight On Board Destination to the delivery location designated on the Customer purchase order. The Contractor will retain title and control of all goods until delivery is completed and the Customer has accepted the delivery. All risk of transportation and all related charges are the responsibility of the Contractor. The Customer will notify the Contractor and H-GAC promptly of any damaged goods and will assist the Contractor in arranging for inspection. The Contractor must file all claims for visible or concealed damage. Unless otherwise stated in the Master Agreement, deliveries must consist only of new and unused merchandise.
ATTACHMENT C
629
ARTICLE 25: RESTOCKING (EXCHANGES AND RETURNS)
There will be no restocking charge to the Customer for return or exchange of any item purchased under the terms of any award. If the Customer wishes to return items purchased under an awarded contract, the Contractor agrees to exchange, these items for other items, with no additional charge incurred. Items must be returned to Contractor within thirty (30) days from date of delivery. If there is a difference in price in the items exchanged, the Contractor must notify H-GAC and invoice Customer for increase price or provide the Customer with a credit or refund for any decrease in price per Customer’s preference. On items returned, a credit or cash refund will be issued by the Contractor to Customer. This return and exchange option will extend for thirty (30) days following the expiration of the term of the Contract. All items returned by the Customer must be unused and in the same merchantable condition as when received. Items that are special ordered may be returned only upon approval of the Contractor.
ARTICLE 26: MANUALS
Each product delivered under contract to any Customer must be delivered with at least one (1) copy of a safety and operating manual and any other technical or maintenance manual. The cost of the manual(s) must be included in the price for the Product offered.
ARTICLE 27: OUT OF STOCK, PRODUCT RECALLS, AND DISCONTINUED PRODUCTS H-GAC does NOT purchase the products sold pursuant to a Solicitation or Master Agreement. Contractor is responsible for ensuring that notices and mailings, such as Out of Stock or Discontinued Notices, Safety Alerts, Safety Recall Notices, and customer surveys, are sent directly to the Customer with a copy sent to H-GAC.
Customer will have the option of accepting any equivalent product or canceling the item from Customer’s Purchase Order. Contractor is not authorized to make substitutions without prior approval.
ARTICLE 28: WARRANTIES, SALES, AND SERVICE
Warranties must be the manufacturer's standard and inclusive of any other warranty requirements stated in the Master Agreement; any warranties offered by a dealer will be in addition to the manufacturer’s standard warranty and will not be a substitute for such. Pricing for any product must be inclusive of the standard warranty.
Contractor is responsible for the execution and effectiveness of all product warranty requests and any claims, Contractor agrees to respond directly to correct warranty claims and to ensure reconciliation of warranty claims that have been assigned to a third party.
ARTICLE 29: TERMINATION PROCEDURES
The Contractor acknowledges that this Master Agreement may be terminated for Convenience or Default.
H-GAC will not pay for any expenses incurred after the termination date of the contract.
A. Conveni
ence
H-GAC may terminate this Master Agreement at any time, in whole or in part, with or without cause, whenever H-GAC determines that for any reason such termination is in the best interest of H-GAC, by providing written notice by certified mail to the Contractor. Upon receipt of notice of termination, all serv
ices hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified in the notice of termination.
T
he Contractor may cancel or terminate this Master Agreement upon submission of thirty (30) days written notice, presented to H-GAC via certified mail. The Contractor may not give notice of cancellation aft
er it has received notice of default from H-GAC.
B. D
efault
H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of the Master Agreement, in any one of the following circumstances:
(1) If the Contractor fails to perform the services herein specified within the time specified herein or any extension thereof;
or
(2) I
f the Contractor fails to perform any of the other provisions of this Master Agreement for any reason whatsoever, or so fails to make progress or otherwise violates the Master Agreements that completion of se
rvices herein specified within the Master Agreement term is significantly endangered, and in
ATTACHMENT C
630
either of these two instances does not cure such failure within a period of ten (10) days (or such longer period of time as may be authorized by H-GAC in writing) after receiving written notice by certified mail of default from H-GAC.
(3) In the event of such termination, Contractor will notify H-GAC of any outstanding Purchase Orders and H-
GAC will consult with the End User and notify the Contractor to what extent the End User wishes the Cont
ractor to complete the Purchase Order. If Contractor is unable to do so, Contractor may be subject to a claim for damages from H-GAC and/or the End User.
ARTICL
E 30: SEVERABILITY
H-GAC and Contractor agree that should any provision of this Master Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Master Agreement, which shall continue in full force and effect.
ARTICLE 31: FORCE MAJEURE
To the extent that either party to this Master Agreement shall be wholly or partially prevented from the performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of force majeure shall rest solely with H-GAC.
ARTICLE 32: CONFLICT OF INTEREST
No officer, member or employee of the Contractor or Contractors subcontractor, no member of the governing body of the Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or Contractor approval of this Master Agreement, shall participate in any decision relating to this Master Agreement which affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this Master Agreement.
A. Conflict of Interest Questionnaire: Chapter 176 of the Texas Local Government Code requires contractors contracting or seeking to contract with H-GAC to file a conflict-of-interest questionnaire (CIQ) if they have an employment or other business relationship with an H-GAC officer or an officer’s close family member.
T
he required questionnaire and instructions are located on the H-GAC website or at the Texas Ethics Comm
ission website https://www.ethics.state.tx.us/forms/CIQ.pdf. H-GAC officers include its Board of Directors and Executive Director, who are listed on this website. Respondent must complete and file a CIQ with the Texas Ethics Commission if an employment or business relationship with H-GAC office or an officer’s close family member as defined in the law exists.
B. C
ertificate of Interested Parties Form – Form 1295: As required by Section 2252.908 of the Texas Government Code. H-GAC will not enter a Contract with Contractor unless (i) the Contractor submits a disc
losure of interested parties form to H-GAC at the time the Contractor submits the contract H-GAC, or (ii)
the Contractor is exempt from such requirement. The required form and instructions are located at the T
exas Ethics Commission website https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.
Respondents who are awarded a Contract must submit their Form 1295 with the signed Contract to H-GAC.
ARTICLE 33: FEDERAL COMPLIANCE
Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, and environmental compliance. With regards to “Rights to Inventions Made Under a Contract or Master Agreement,” If the Federal award meets the definition of “funding Master Agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding Master Agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Master Agreements,” and any implementing regulations issued by the awarding agency. Contractor agrees to be wholly compliant with the provisions of 2 CFR 200, Appendix II.
Additionally, for work to be performed under the Master Agreement or subcontract thereof, including procurement
ATTACHMENT C