DocuSign Envelope ID: CC12F943-29AC-4FFE-8A38-51F01A909E38 101221-VTR
Sourcewell →
Solicitation Number: RFP #101221
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Vactor Manufacturing, a division of Federal Signal, 1621 South Illinois St., Streator, IL 61364 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Sewer Vacuum, Hydro-Excavation, and Municipal Pumping Equipment with Related Accessories and Supplies from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires November 29, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.
C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
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Supplier's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that extends beyond the expiration of the Supplier's warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier's authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier's responsibility to ensure Sourcewell receives the most current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier's Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity's requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be Rev. 3/2021 2
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returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
• Identify the applicable Sourcewell contract number;
• Clearly specify the requested change;
• Provide sufficient detail to justify the requested change; Rev. 3/2021 3
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• Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier's employees may be required to perform work at government- owned facilities, including schools. Supplier's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell Rev. 3/2021 4
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contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; 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 Contract.
Supplier's acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
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• Maintenance and management of this Contract;
• Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales 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;
• Participating Entity Contact Name;
• Participating Entity Contact Email Address;
• Participating Entity Contact Telephone Number;
• Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description;
• Item Purchased Price;
• Sourcewell Administrative Fee Applied; and
• Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased Rev. 3/2021 6
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by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier's name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier's Authorized Representative is the person named in the Supplier's Proposal. If Supplier's Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract 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. Any such waiver must be in writing and signed by the parties.
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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract 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 the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell's responsibility will be governed by the State of Minnesota's Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell's relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier's trademarks in advertising and promotional materials for the purpose of marketing Supplier's relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, Rev. 3/2021 8
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resellers, marketing representatives, and agents (collectively "Permitted Sublicensees") in advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use; Quality Control.
a. 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.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's trademarks only in good faith and in a dignified manner consistent with such party's use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.
5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of 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.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.
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14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found 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 Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
• Exercise any remedy provided by law or equity, or
• Terminate the Contract or any portion thereof, including any orders issued against the Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following:
1. Workers' Compensation and Employer's Liability.
Workers' Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. 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 Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms Rev. 3/2021 11
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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer's Liability, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data - including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their 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. The policy provision(s) or endorsements) must further provide that coverage is Rev. 3/2021 12
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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.
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 the Canadian government, as applicable; 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 Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to "federal" should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier's Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.
Rev. 3/2021 14
DocuSign Envelope ID: CC12F943-29AC-4FFE-8A38-51F01A909E38 101221-VTR
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
D. RIGHTS 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 contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names Rev. 3/2021 15
DocuSign Envelope ID: CC12F943-29AC-4FFE-8A38-51F01A909E38 101221-VTR
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.
G. BYRD ANTI-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).
H. 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.
1. 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.
J. 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.
K. ACCESS TO 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 Contract 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.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation Rev. 3/2021 16
DocuSign Envelope ID: CC12F943-29AC-4FFE-8A38-51F01A909E38 101221-VTR
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.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seals), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an 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 Contract or any purchase by an authorized user.
O. 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 Contract or any purchase by a Participating Entity.
P. FEDERAL 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.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract 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.
R. 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.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.
Rev. 3/2021 17
DocuSign Envelope ID: CC12F943-29AC-4FFE-8A38-51F01A909E38 101221-VTR
T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier's Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell Vactor Manufacturing,
a division of Federal Signal
- DocuSigned by: - DocuSigned by:
Jeremy Schwartn David Panizzi
By: COFD2A139D06489. By: - 67407721F3A64A7...
Jeremy Schwartz David Panizzi
Title: Chief Procurement Officer Title: Business Development Manager 12/20/2021 | 11:51 AM CST 12/20/2021 | 11:57 AM PST
Date: Date:
Approved:
- DocuSigned by:
(Chad Coarette
By: - 7E42B8F817A64CC...
Chad Coauette
Title: Executive Director/CEO
12/20/2021 | 2:05 PM CST
Date:
Rev. 3/2021 18
DocuSign Envelope ID: CC12F943-29AC-4FFE-8A38-51F01A909E38 RFP 101221 - Sewer Vacuum, Hydro-Excavation, and Municipal Pumping Equipment with Related Accessories and Supplies Vendor Details
Company Name: Elgin Sweeper Co.
Does your company conduct
business under any other name? If Elgin Sweeper Co. Division of Federal Signal and Vactor Manufacturing yes, please state:
1300 W Bartlett Rd
Address:
Elgin, IL 60120
Contact: David Panizzi
Email: [email protected]
Phone: 847-622-7153
HST#: 36-2351764
Submission Details
Created On: Thursday September 16, 2021 12:18:49
Submitted On: Monday October 11, 2021 14:51:07
Submitted By: David Panizzi
Email: [email protected]
Transaction #: 5f37a299-5bd6-4ac4-aedf-2f1ad40fd7bc
Submitter's IP Address: 4.28.67.162
Bid Number: RFP 101221 Vendor Name: Elgin Sweeper Co.
DocuSign Envelope ID: CC12F943-29AC-4FFE-8A38-51F01A909E38 Specifications
Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond "N/A" if the question does not apply to you (preferably with an explanation).
Line Question Response*
Item
1 roposer Legal Name (one legal entity only): (In the Vactor Manufacturing (a Division of Federal Signal) event of award, will execute the resulting contrac
as "Supplier")
2 Identify all subsidiary entities of the Proposer whose Vactor Manufacturing; TruVac equipment, products, or services are induded in the
Proposal.
3 Vactor Manufacturing; TruVac
the road a or alone man or in a or
Line 2 above.
4 Proposer Physical Address: 1621 South Illinois St
Streator, IL 61364
Proposer website address (or addresses):
usiness Development Manage
300 West Bartlett F
[email protected]
847-622-715
Ears, ma adres a po this proposal name, is. David Panizzi siness Development Manag
300 West Bartlett F
data var.com
8 Proposer's other contacts for this proposal, if any No other contacts (name, title, address, email address & phone):
Bid Number: RFP 101221 Vendor Name: Elgin Sweeper Co.
DocuSign Envelope ID: CC12F943-29AC-4FFE-8A38-51F01A909E38 Table 2: Company Information and Financial Strength
Line Question
Response *
Item
9 Provide a brief history of your company, including your Aligned with Federal Signal, Vactor Manufacturing works to enhance the cleanliness, safety and well company's core values, business philosophy, and being of our communities and work places. We are an American manufacturer with over 55 years of industry longevity related to the requested equipment, product design and manufacturing experience. Vactor Manufacturing is a recognized leader in high products or services. quality sewer cleaning and hydro-excavation solutions. 10 What are your company's expectations in the event of We would expect to continue cooperation with Sourcewell as we work to serve its membership and an award? work to provide effective and simple solutions for environmental cleaning challenges. This would include Sourcewell commitment to expand membership and promotion of their contracts to support their contract holders. We have over a decade of cooperation and growth working together with Sourcewell and their members, and we would work together to continue serve the membership with the latest advances in sewer cleaner and hydro excavator designs and product offerings. 11 Demonstrate your financial strength and stability with Vactor is the clear leader of our industry in North America. Our growth over the past 15 years has meaningful data. This could include such items as necessitated two, multi-million dollar factory expansions. The most recent conduding in 2020. financial statements, SEC filings, credit and bond Vactor is a subsidiary of Federal Signal - a publicly traded company with more than $1.2 billion in ratings, letters of credit, and detailed reference letters. revenue last year. The link shown here can be used to access the latest quarterly reports as well as Upload supporting documents (as applicable) in the other financial related topics and will clearly show Federal Signal's financial strength and stability. document upload section of your response. https//:www.federalsignal.com/annual-quarterly-reports 12 What is your US market share for the solutions that Our industry is a non-reporting industry. Therefore, no independent data of market share exists. you are proposing? Based on our market knowledge and across all sewer cleaning and hydro excavation model/technologies, we believe our aggregate market share to be approximately 40%. 13 What is your Canadian market share for the solutions Again, we do not have empirical data supporting market share in Canada but our research shows that that you are proposing? we have approximately 32% market share across all types of sewer cleaning and hydro excavation technologies.
14 Has your business ever petitioned for bankruptcy Vactor Manufacturing and Federal Signal Corp. have never been the subject of a bankruptcy action. protection? If so, explain in detail.
15 How is your organization best described: is it a We are a manufacturer. Ve have a network of third-party dealerships across North America that al manufacturer, a distributor/dealer/reseller, or a service ained to sell and service our products. The dealerships are specifically contracted and trained provider? Answer whichever question (either a) or b) represent our products in their local areas. We also have Regional Sales Reps (located throughout N. just below) best applies to your organization. Aso have a Field Serie sands posed They to are too in their regions an are a) If your company is best described as a They too are located within their regions, distributor/dealer/reseller (or similar entity), provide your dedicated to support our dealers and their efforts to ensure customer satisfaction with our products. written authorization to act as a The Regional Sales Reps and the Regional Service and Support Reps are employees of the company. 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?
16 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) Organization and being certified means that we have policies and procedures commensurate with our in pursuit of the business contemplated by this RFP. business (heavy manufacturing) and that we adhere to those policies, procedures and quality standards. We are audited annually.
17 Provide all "Suspension or Debarment" information that None has applied to your organization during the past ten
years.
Table 3: Industry Recognition & Marketplace Success
Line Response *
Question
tem
18 Va 20r Manufacturing received the Chicago Innovation Award for the Paradin Hydro Excavation unit That your any pany na nosied in the past e yea
19 Approximately 62%
20 anto a to pas you sals are to the education Less than 1% 21 stant stat you wini. Vorat is theatre al chasi
e annual sak However, a number of our local dealers do hold state or loc years for each of these contracts over the past three purchasing contracts which they service. We do not have access to the detailed sales volumes 22 Arangemens (SOSA) fat you not Wait and Supp We service a GSA contract (47QMCA18D000E) that is administered through our dealer in Marylan nnual sales volumes are unknowr
annual sales volume for each of these contracts over
Bid Number: RFP 101221 Vendor Name: Elgin Sweeper Co.
DocuSign Envelope ID: CC12F943-29AC-4FFE-8A38-51F01A909E38 Table 4: References/Testimonials
Line Item 23. Supply reference information from three customers who are eligible to be Sourcewell participating entities.
Entity Name* Contact Name * [Phone Number"
Hampton Roads & Sanitation District (HRSD) John "JJ" Jones (757) 460-7069 member #46762
City of Norfolk, VA Steve Patterson (757) 441-5700
member #50228
City of Wheaton, IL Sam Webb 630-260-2119
Fleet Supervisor
Orange County Utilities, Nathaniel Haney 1(407) 883-9574 member ID 141910
City of Chesapeake, Mike Colgan (757) 382-3321
member ID 52040
Table 5: Top Five Government or Education Customers
Line Item 24. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the projects), size of transaction(s), and dollar volumes from the past three years.
Entity Name Entity Type * State / Province * Scope of Work* Size of Transactions* Years Volume Past Three Confidential Government Illinois - IL Purchase of Sewer Cleaning and/or Hydro Ex. Eq.
Confidential Government Illinois - IL Purchase of Sewer Cleaning and/or le are a public company a Hydro Ex. Eq. is is confidential informat
Confidential Government Illinois - IL Purchase of Sewer Cleaning and/or Ne are a public company ar Hydro Ex. Eq. nis is confidential informatic
Confidential Govemment Illinois - IL Purchase of Sewer Cleaning and/or le are a public company a Hydro Ex. Eq. s is confidential informat
Confidential Government Illinois - IL Purchase of Sewer Cleaning and/or is as oniontal tomation Hydro Ex. Eq.
Bid Number: RFP 101221 Vendor Name: Elgin Sweeper Co.
DocuSign Envelope ID: CC12F943-29AC-4FFE-8A38-51F01A909E38 Table 6: Ability to Sell and Deliver Service
Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions.
Line Question Response *
Item
25 Sales force. Vactor/TruVac has ten Regional Sales Managers (RSMs) tasked with supporting our dealer's sales efforts. The RSMs set sales targets and are involved in the end-user sales process as needed. The RSMs report to a Director of Municipal/Governmental Sales who reports to a Group level Vice President 26 Dealer network or other distribution methods. Our dealer network consists of 34 dealer entities with over 70 location throughout North America. All lealers are assigned an area of responsibility that cover all of the US, Canada and the U:
Territories. otal dealer sales reps/territory managers for North American total over 230 27 Service force. Internally, Vactor/TruVac has an Inside Service organization with eight technical reps that support our dealer's daily need for technical support. We also have four Regional Service and Support Managers (RSSMs) that live and work with specific dealers within their assigned regions to provide warranty pport, training, consultation and end-user interaction. All of our internal reps support approximate 5 dealer technicians tasked with providing end-user servic 28 Describe the ordering process. If orders will be Sourcewell members will order through their local dealer who will, in-turn, place an order with us. Our handled by distributors, dealers or others, explain the dealer will be responsible for assisting the member with equipment configuration recommendations and respective roles of the Proposer and others. providing a detailed proposal/quotation to the member. Once the sewer cleaner/hydro excavation unit is manufactured and delivered to our dealer, they will be responsible for preparing, delivering, training and supporting the end-user's needs with the equipment. History is showing that Vactor dealers are knowledgeable, experienced and anxious to use our Sourcewell contract. 29 Describe in detail the process and procedure of Customer Service starts from the delivery process with equipment installation/operation training. your customer service program, if applicable. after delivery, we request a customer satisfaction survey be filled out so we can understand the level o atisfaction from product quality, to dealer support and overall product satisfaction. Any negative responses are recorded and assigned to a field rep for appropriate follow-up.
All Vactor Dealers have trained and certified technicians with the vast majority of dealers providing road (go to customer location) service complete with well-equipped service trucks. This allows for quicker support of possible inoperative vehicles. Also, at Vactor we have a 24-hour toll free helpline that is staffed by factory personnel. The objective is to provide an immediate contact and response for both our dealers and end-user customers. Lastly, we support our products with a comprehensive warranty that is provided through our trained dealer network. Our philosophy is that quality products with high-levels of service support will ensure the best value for our customers - this, in turn, will create their desire to continue their business relationship with Vactor and our dealers. 30 Describe your ability and willingness to provide your Our dealer network allows us to sell and service our products throughout all of North America. Our products and services to Sourcewell participating dealers are assigned geographic areas (or territories) of responsibility that include all states and entities in the United States. provinces. The assigned territories are listed in the dealer contract. 31 Describe your ability and willingness to provide your We support, service and actively pursue business opportunities with all Canadian entities that use sewer products and services to Sourcewell participating leaner and/or hydro excavators entities in Canada.
32 Identify any geographic areas of the United States We will service all geographic areas of the US and Canada or Canada that you will NOT be fully serving through
the proposed contract.
33 Identify any Sourcewell participating entity sectors We will service any and all Sourcewell participating entities. (i.e., government, education, not-for-profit) that you
will NOT be fully serving through the proposed
contract. Explain in detail. For example, does your
company have only a regional presence, or do other
cooperative purchasing contracts limit your ability to
promote another contract?
34 Define any specific contract requirements or Hawaii, Alaska and the US Territories are serviced the same as other states. We have dealers that are restrictions that would apply to our participating contractually assigned these geographic regions. entities in Hawaii and Alaska and in US Territories.
Bid Number: RFP 101221 Vendor Name: Elgin Sweeper Co.
DocuSign Envelope ID: CC12F943-29AC-4FFE-8A38-51F01A909E38 Table 7: Marketing Plan
Line Question Response *
Item
35 Upload
rade shows and internal dealer sales training events. We have facilitated contract training with both our Sponsore eves take KU and Sorrewel Universiyage our dealers to attend and network at Sourcewell 36 37 In your view, what is Sourcewell's role in We would expect Sourcewell to promote our contracts to their membership as a way to simplify the that Sourcewell works to continue to expand membership so that additional entities would be able to experiences the benefits for all parties
38 Are your products or services available Ne do not have an e-procurement system for end-customer use. However, we do have an on-line produc through an e-procurement ordering process? If configuration and ordering tool that our dealers use to configure customers specific units and place orders so, describe your e-procurement system and with us. Our dealers use this on-line too to prepare Sourcewell compliant proposal/quotes for members and how governmental and educational customers then to place that Sourcewell order upon award. have used it.
Table 8: Value-Added Attributes
Line Item Question Response *
39 Describe any product, equipment, We offer training at several levels. Initial training is basic installation training and is provided by our dealers at maintenance, or operator training or shortly after delivery of a new sewer deaner/hydro vac as agreed to with customer. This would include basic programs that you offer to Sourcewell operation, cleaning and maintenance training. This is generally free of charge unless the member requests participating entities. Include details, such multiple sessions or more in-depth training that requires more time. This initial training is considered standard as whether training is standard or or can be optionally upgraded if a deeper level of training is desired. optional, who provides training, and any We also offer product model specific maintenance training at the factory. This covers multiple days and is also costs that apply. free of charge with the only costs being travel and hotel accommodations if needed. Dealers usually assist the member/customer with registration for this training.
40 Describe any technological advances that Available on our Vactor 2100i combination units we offer a patented Rapid Deployment Boom (RDB). This your proposed products or services offer. feature provides for significantly improved productivity in reduced set-up times and also reduces need for operator set-up/breakdown frequency for improved safety and reduced fatigue. Our standard advanced Intui- Touch control system is ergonomically designed that allows for safe and easy interactive control interface. We have also introduced a water-recycler option that again greatly improves productivity while reducing water consumption in the line cleaning process.
On our TruVac products we have optional Dig-Right technology (also patented) that allows the operator to set pressure limits to ensure safe digging practices.
41 Describe any "green" initiatives that relate Vactor is ISO 14001 certified (environmental management) which speaks to our environmental management to your company or to your products or commitment at our factory. services, and include a list of the Also, the water recycler option mentioned in line item 40 provides for significantly reduced water usage. certifying agency for each. Lastly, all of our units are now single-engine operation which eliminates the need for an auxiliary engine to drive air-flow for cleaning. This significantly reduces emission and need for secondary engine maintenance. 42 SO 14001 would be the only third-party issued certification related to environmental management. However, as tings or certifications that your compa mentioned above, we are certainly focused on energy efficiency/conservation. I would go as far as saying tha is received for the equipment ve are a leader in developing and providing environmentally beneficial solutions including using alternative fuel No energy ence i or rain lied
cycle design (cradle-to-cradle), or other
green/sustainability factors.
43 Vides or Be and Set. This is not a of guisemes our dierpariners and therefore deers do. Th cludes WMBE and SB
documentation is not readily available.
umentation of certification (
plicable) in the document upk
section of your response.
44 /hat unique attributes does yo pecife member retiremenis. We have a large selution or Spional content that alows for customizatior mpany, your products, or your servio Ne have a large selection of optional content that allows for customization f er to Sourcewell participating entitie ent atons as well as the abily to provide specialized (engineered) solutions that may require unique hat makes your proposed solutio
unique in your industry as it applies t
ourcewell participating entities
Bid Number: RFP 101221 Vendor Name: Elgin Sweeper Co.
DocuSign Envelope ID: CC12F943-29AC-4FFE-8A38-51F01A909E38 Table 9A: Warranty
Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below.
Line Item Question Response *
45 Do your warranties cover all products, parts, and labor? Yes 46 Do your warranties impose usage restrictions or other No usage limitation. Standard warranty is for 1 year bumper-to-bumper exclusive of wear limitations that adversely affect coverage? items such as nozzles.
AT Do your warranties cover the expense of technicians' travel Yes time and mileage to perform warranty repairs?
48 Are there any geographic regions of the United States or Our dealer contracts require that they provide service for all customer within their area of Canada (as applicable) for which you cannot provide a responsibility. This would of course include Sourcewell member customers. In very rare certified technician to perform warranty repairs? How will situations and with the agreement of the customer, authorizations for a specific customer to Sourcewell participating entities in these regions be provided perform their own warranty repair can be given. Vactor and our dealer would support this by service for warranty repair? providing parts, work instructions and compensation at pre-established rates. Authorization would only be given if the required repair is considered relatively easy to accomplish and did not present any risk for the customer.
49 Will you cover warranty service for items made by other Our warranty covers all items with the exception of engines, truck chassis, tires and other manufacturers that are part of your proposal, or are these components that carry their own manufacturers warranty. These items are typically supported warranties issues typically passed on to the original by local dealer facilities. Any items/components that do not have local service would be equipment manufacturer? cover by Vactor and our dealers. We have been know to assist our end-user by leveraging our contacts with engine and chassis manufacturers and dealers. 50 What are your proposed exchange and return programs and It is extremely rare that we would need to exchange or have a product returned. policies? our sewer cleaners was determined to be wrong for a specific customer need/application, we would work with them to modify or exchange a product for one that would work better Jltimately, we are all better off if the customer is satisfied with their product that's what wi work toward.
51 Describe any service contract options for the items included We are not specifically offering service contracts with this proposal. However, most of our in your proposal. dealer offer a variety service contract options and service specials. The offerings can be from full-service turnkey parts and service solutions to specific targeted specials. These are dealer specific
Table 9B: Performance Standards or Guarantees
Describe in detail your performance standards or guarantees, including conditions and requirements to qualify, claims procedure, and overall structure. You may quesad res resentative samples of your performance materials (if aplicable) in the document upload section of your response in adition to responding to the Line Question Response*
Item
52 Describe any performance standards or guarantees To ensure that our products are supported in a timely manner we offer a bumper-to-bumper, 1-year that apply to your services standard warranty (exclusive of wear parts). We have a nation wide/North American service network with all dealer connected via our service network software (providing specific unit service history and service/recall information). We also have a 24-hour hotline to assist both dealers and end-user with diagnosis and troubleshooting information.
53 Describe any service standards or guarantees that Several months after delivery of each new unit we send out a Customer Satisfaction Survey asking for apply to your services (policies, metrics, KPls, etc.) feedback in the areas of product quality, performance, level of satisfaction with their dealer experience are lied in rod fo. or a caive er satisfaction indis corded ared Severad ur folow-s. The score Several quality and servic
performance measures are tied to the CSI. This helps us understand the voice of the customer and ensures that we are monitoring quality, performance and overall customer satisfaction at the manufacturer level
Table 10: Payment Terms and Financing Options
Line Question Response *
Item
54 Describe your payment terms and accepted payment
nethods? PS or net 30-days. Habier, our dealer he Vactor of their busies muriell and understand to tennet entities need to apply different payment terms. Most of the time the specific member requirements can be met if within reason.
The standard payment terms between our dealer and us is net 30-days. 55 Describe any leasing or financing options available fo Again, leasing and financing options are determined between the Vactor dealer and the Sourcewell member use by educational or governmental entities All of our dealers offer some type of leasing and/or financing option. This is usually with a third-party that we or they have established relationships with. We often recommend NCL and many of our dealers have an established relationship with NCL and use NCL's Sourcewell contract solution for lease/financing options We do not have a standard transaction document that is provided to the end-user/member. Typically, the The dealer submits the "quote" to us as an order once the member issues a PO. We, turn, issue an electronic acknowledgement document to the dealer confirming what was ordered. This is nursing axamples ludent in al upload and Sourcewl orders fit nicely within our existing process. 1 am response.
57 you accept the P-card procurement and payme
cess? If so, is there any additional cost
Sourcewell participating entities for using this process? We have no hidden or undisclosed costs Bid Number: RFP 101221 Vendor Name: Elgin Sweeper Co.
DocuSign Envelope ID: CC12F943-29AC-4FFE-8A38-51F01A909E38 Table 11: Pricing and Delivery
Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form.
Line Question Response *
Item
58 Describe your pricing model (e.g., line-item discounts or product-category We are offering our full-line of sewer cleaners and hydro-excavators. Our pricing discounts). Provide detailed pricing data (including standard or list model is a 3% discount from list price on all Vactor/TruVac manufactured products oricing and the Sourcewell discounted price) on all of the items that you (and options) exclusive of chassis and freight (from factory to dealer location) costs. want Sourcewell to consider as part of your RFP response. If applicable, We are also offering the rental of our sewer deaners and hydro-vacs. Rental rates provide a SKU for each item in your proposal. Upload your pricing apply across the US and Canada (in Canadian dollars). The rates provided on the naterials (if applicable) in the document upload section of vour response. rental rate sheets are the Sourcewell member's price.
We will also offer used sewer cleaners and hydro-vacs, primarily from our rental fleet. These are generally late model year and because of various usage and condition of specific units, the pricing will be a negotiated and agreed to price between the member and the Vactor dealer. This allows members a method of obtaining quality equipment at a much lower initial acquisition cost. 59 For new equipment a 3% discount from list price applies. This discount applies to all Vactor/TruVac manufactured content including options.
The rental pricing is a pre-established rental rate and is consistent throughout the US and Canada. These rates are at the lower end of the regional rate study that was conducted to determine appropriate and consistent rental rates.
Used equipment pricing will be negotiated and agreed to between member and Vactor dealer.
60 Describe any quantity or volume discounts or rebate programs that you Additional volume discounts may be considered on a case-by-case basis. offer.
61 Propose a method of facilitating "sourced" products or related services Sourced products or open market items fall into three categories for us. This hich may be referred to as "open market" items or "nonstandaro could be items that would be provided by our dealer. The items in this category would be quoted by our dealer to the member and could include items such as plus a percenage, or you may supply a chile or at costco ratest special radios, decals or exterior wraps, lighting, and other dealer installed accessories. These items would not be subject to the 3% discount.
Also included in this category would be unique equipment or options that would be designed, manufactured or procured and installed by Vactor. This is common for us and would be handled through our RFQ/Specials process. This allows us to provide a unique (off price list) solution for our customers and would be priced consistently with the 3% discount from list price. Our "Special" solution would be included in the Sourcewell proposal/quote.
The last category would be factory supplied chassis. Because most of our products
are mounted and integrated to a commercial chassis, we work with commercial chassis manufacturers and their local dealers to provide chassis specifically engineered for Vactor/TruVac equipment-mounting and use. We typically get favorable pricing from the manufacturer/dealer because of our volume. These chassis are very competitively priced and specifically designed for use with our sewer cleaners/hydo vas. This is the easiest, least risky, and most often cost- effective turnkey solution. Because chassis availability/inventory is inconsistent and lead times vary significantly, we do not provide
chassis pricing. Our dealers will provide chassis quote through at the time a Sourcewell quote/proposal is being developed - the 3% discount does not apply to chassis that we or our dealers provide. Supply of chassis is currently constrained. 62 Identify any element of the total cost of acquisition that is NOT included Additional costs not included with our submittal would include dealer charges for in the pricing submitted with your response. This includes all additional items such as pre-delivery inspection and unit preparation, local freight charges, arges associated with a purchase that are not directly identified: additional training above and beyond initial training at or shortly after delivery. freight or shipping charges. or example. list costs for items like pr Also, as mentioned above, any dealer installed item would not be identified in our delivery inspection, slenty any paries sat impose sace oats and oreitai price sheets but would be identified in the member's Sourcewell proposal/quote. inspection.
relationship to the Proposer.
63 The freight from our factory to the local dealer facility would be included with the Sourcewell quote but not subject to the 3% discount. Freight is a pass thru cost Local freight and delivery, however, is handled by
our local dealers and is not specifically listed in our response. This cost would 64 Alaska, Hawaii, Canada or other "offshore" delivery requirement would include a specia or laska, fail, canada, on any dies re deter programs. special quote from us. With offshore shipping requirements we typically containerize the product, deliver to a coastal port via truck and then load the container to a boat for delivery to location. This usually requires additional handling charges induding protective coatings and dock charges. These charges can vary and would be disclosed in a member's proposal/quote.
65 scribe any unique distribution and/or delivery methods or optio le have a dedicated traffic department which is tasked with arranging any uniqu ered in your propos elivery requirement. This is their focus and the department is knowledgeable ar skilled at finding competitively priced shipping options that best meet requirements.
Bid Number: RFP 101221 Vendor Name: Elgin Sweeper Co.
DocuSign Envelope ID: CC12F943-29AC-4FFE-8A38-51F01A909E38 Table 12: Pricing Offered
Line The Pricing Offered in this Proposal is: * Comments 66 c. better than the Proposer typically offers to GOs, cooperative procurement organizations, or state purchasing departments. The pricing offered for our complete line of sewer cleaners
and hydro vacs for this Sourcewell
proposal is better than what we
typically offer for other purchasing
contracts. It is possible that a
dealer may offer a lesser price for
a specific deal or customer but
that is generally without our input.
Table 13: Audit and Administrative Fee
Line Question
Response *
Item
67 Currently, we require our Regional Sales Managers to report Sourcewell set comelance with your proposed contract wam sat evil This raday This process Sales (using the provided Sourcewell template) on a quarterly basis. Late last year we refined and simplified that process by allowing our dealers to select "Sourcewell" within the CPQ/ordering tool and that would automatically apply the appropriate pricing. This also allows us the ability to track Sourcewell deals in our CPQ/on-line ordering tool. Each RSM now has the ability to view all sales, by specific dealer and region and can query for Sourcewell specific sales. By tracking sales within our CPQ ordering tool, we can verify "Sourcewell" sales and obtain the other required reporting details induding transaction price.
Once RSMs submit their territory Sourcewell sales reports, they are reviewed and reconciled by our Controller. Once approved, I submitted the quarterly report as required and our Controller initiates payment. 68 If you are awarded a contract, provide a few examples of internal metrics tha Quarterly sales are reviewed and compared to the previous year's will be tracked to measure whether you are having success with the contract quarterly results and are also reviewed as a percentage of overall sales.
As Business Development Manager, I am task with ensuring growth targets are achieved specific to several business development objectives that are set. This includes overall Sourcewell Sales increases. 1 am also charged with ensuring compliance to requirements.
69 Identify a proposed administrative fee that you will pay to Sourcewell for As with past contracts, we propose a 0.5% administrative fee exclusive of (aci are a manad a Contact Thing te is typically calculand as a perent that chassis pricing and freight. We remove chassis pricing and freight as these items are not profit generating but rather cost items. endor's sales under the Contract or as a per-unit fee; it is not a line-ite This fee will be paid by us (Vactor) and is not a line item past on to the ddition to the Member's cost of goods. (See the RFP and template Contract fo member.
Table 14A: Depth and Breadth of Offered Equipment Products and Services Line Question Response *
Item
70 products, ate asterides chat you are origin your Ve are offering for purchase or rental our full line of combination sewer cleaners, jetters, catch bas or cor anator sewer cleaners truck arrested for door dudes me a ra This includes multiple sizes/capacities proposal.
ounted jetters and and various sized hydro and air excavation units under our TruVac brand name Iso included is our Liquid Vacuum Tanker (LVT) that is a simple water/sludge pump designed fa vacuuming refuse/dirty water, containing and transporting that material. 71 Within this RFP category there may be subcategories Combination Sewer Cleaners (various capacities) mounted on appropriately sized class 8 truck of solutions. List subcategory titles that best describe hassis: Catch Basin (vac only) units: Truck-Mounted Jetter and trailer-mounted Jetters: Various sizel your products and services.
Bid Number: RFP 101221 Vendor Name: Elgin Sweeper Co.
DocuSign Envelope ID: CC12F943-29AC-4FFE-8A38-51F01A909E38 Table 14B: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary.
Line Category or Type Offered * Comments
Item
72 Sewer vacuums or combination sewer cleaners @ Yes Full-line of various sized/capacity combination sewer deaners (2100i-series) C No also available with alternative fuel. Also straight catch-basin (sewer vacs) units.
73 Hydro or air excavation equipment • Yes Full-line of various sized, truck-mounted Hydro and Air excavation units. • No
74 Jetters and rodders Various sized jetters including both truck and trailer-mounted units.
C No
75 Dewatering, mud, trash, and centrifugal pumps r Yes Straight trash pumps are not part of our offering. a No
76 Pumps used in lift stations, sewage treatment, water " Yes Our LVT units (TruVac Jackal) can be used in treatment facilities to assist treatment, or water collection facilities r No with deaning. 77 Accessories, supplies and replacement or wear parts • Yes Service parts and supplies are not included in our proposal. related to the offerings above. " No
Table 15: Industry Specific Questions
Line Question Response *
Item
78 Describe any product or equipment features that improve All our products include single button Emergency Stops (E-Stops) at all human-machine operator safety. interfaces to allow for rapid shutdown of operation, Our Rapid Deployment Boom (RDB) eliminates the need for repeated operator actions for set-up and breakdown throughout the workdav. Our Dig-Right technology will automatically control pressure settings to avoic damaging underground utilities that would cause unsafe working conditions. We also have auto Water Shut Off (WSO) on the digging lance on our hydro ex units to provide an extra layer of safety for operators.
79 Describe any product or equipment innovations that increase Our RDB 10x15 boom, as previously described, significantly improves productivity. Our uptime and operator productivity. water recycler option significantly reduces the need to fill-up with fresh water thus providing for greater productive time. The Dig-Right option on our Vacuum Excavators allows greater productivity by automatically adjusting pressures to digging conditions.
Table 16: Exceptions to Terms, Conditions, or Specifications Form Line Item 80. NOTICE: To identify any exception, or to request any modification, to the Sourcewell template Contract terms, conditions, or specifications, a Proposer must submit the exception or requested modification on the Exceptions to Terms, Conditions, or Specifications Form immediately below. The contract section, the specific text addressed by the exception or requested modification, and the proposed modification must be identified in detail. Proposer's exceptions and proposed modifications are subject to review and approval of Sourcewell and will not automatically be included in the contract.
Contract Section Term, Condition, or Specification Exception or Proposed Modification Documents
Ensure your submission documents) 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 documents) 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 documents) cannot be opened and viewed by Sourcewell. category save the document as "Marketing Plan."
Bid Number: RFP 101221 Vendor Name: Elgin Sweeper Co.
DocuSign Envelope ID: CC12F943-29AC-4FFE-8A38-51F01A909E38 • Pricing - Vactor TruVac Pricing files.zip - Monday October 11, 2021 09:49:16 • Financial Strength and Stability - fss_2020_10k.pdf - Thursday October 07, 2021 11:17:49 • Marketing Plan/Samples - 2021 Vactor Facebook - Sourcewell.pdf - Thursday October 07, 2021 11:19:56 • WMBE/MBE/SBE or Related Certificates (optional)
• Warranty Information - Vactor and TruVac Warranty.zip - Thursday October 07, 2021 11:23:13 • Standard Transaction Document Samples - Vactor Transaction example.zip - Thursday October 07, 2021 11:23:02 • Upload Additional Document - Fed Sig Elgin Vactor-Sourcewell-COl 2022.pdf - Thursday October 07, 2021 11:18:26 Bid Number: RFP 101221 Vendor Name: Elgin Sweeper Co.
DocuSign Envelope ID: CC12F943-29AC-4FFE-8A38-51F01A909E38 Addenda, Terms and Conditions
PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance:
1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence.
2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award.
The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been create vithout colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects bee created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individua or a company has not assisted any other entity that has submitted or will submit a proposal for this solicitation.
4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired.
5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation.
6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract.
7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract.
8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract.
9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.
10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety.
Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act.
11. Proposer its employees, agents, and subcontractors are not:
1. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasury.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 or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation.
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 Businesse Developmenta, ar. Vactor Manufalily solely because an electronic signature or electronic record was used in its formation. - David Panizi, The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. • Yes = No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.
Bid Number: RFP 101221 Vendor Name: Elgin Sweeper Co.
DocuSign Envelope ID: CC12F943-29AC-4FFE-8A38-51F01A909E38 Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.
I have reviewed the
below addendum and
File Name Pages
attachments (if
applicable
Addendum_3_Sewer_Vac_Hydro-Excavation_Pumps_RFP_101221 2 Thu September 30 2021 03:29 PM
Addendum_2_Sewer_Vac_Hydro-Excavation_Pumps_RFP_101221 2 Fri September 10 2021 02:40 PM
Addendum_1_Sewer_Vac_Hydro-Excavation_Pumps_RFP_101221 1 Thu August 26 2021 05:40 PM
Bid Number: RFP 101221 Vendor Name: Elgin Sweeper Co.