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HomeMy WebLinkAboutresolution.council.035-25RESOLUTION 403 5 (Series of 2025) fm�L13MYL, Irl I VVITINpr I IA�• • 1 • AND POWER EQUIPMENT COMPANY AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for, RPM Loader Mounted snowblower between the City of Aspen and Power Equipment Company, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT F:ESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for, RPM Loader Mounted snowblower between the City of Aspen and Power Equipment Company a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 1 lth day of March, 2025. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held March 1 lth, 2025. Nicole Henning, CitySlerk Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 CITY OF ASPEN STANDARD FORM OF AGREEMENT SUPPLY PROCUREMENT SFP1368280 AGREEMENT made 2025-02-25. BETWEEN the City: The City of Aspen c/o Sara Ott 127 Rio Grande Place Aspen, Colorado 81611 Phone: (970) 920-5079 And the Professional: Power Equipment Company 500E 62nd Avenue Denver, CO 80216 US 303-961-8957 aremmo @power -equip . c om For the Following Project: 2025 Streets Fleet Replacement RIN OA CITY OF ASPEN City of Aspen Contract No.: 2025-082 - Contract Amount: Total: $ 212,336.00 If this Agreement requires the City to pay an amount of money in excess of $1001000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. Exhibits appended and made a part of this Agreement: City Council Approval: Date: 03/11/2025 Resolution No.: 202 5 -03 5 Exhibit A: List of supplies, equipment, or materials to be purchased. Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 1. Purchase. Vendor agrees to sell and City agrees to purchase the items on Exhibit A The City and Vendor agree as set forth below. 1. Purchase. Vendor agrees to sell and City agrees to purchase the items on Exhibit A appended hereto and by this reference incorporated herein as if fully set forth here for the sum set forth hereinabove. 2. Delivery. (FOB 427 Rio Grande Place Aspen, Co 81611) [Delivery Address] 3. Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the Invitation to Bid and said Contract Document are hereby made a part of this Agreement as if fully set out at length herein. 4. Warranties. See Exhibits. 5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Vendor respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 6. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Vendor or City may assign this Agreement in accordance with the specific written permission, any right to claim damages or to bring any suit, action or other proceeding against either the City or Vendor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 7. Waivers. No waiver of default by either party of any of the terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 8. Agrreement Made in Colorado. The parties agree that this Agreement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 9. Attorneys Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 10. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 12. made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Agreement. cation Re;?ardin;? Debarment, Suspension, Ineligibility, and Vo Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that Vendor or any lower tier participant was unable to certify to the statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. Tarranties A t Con ent Fees, Gratuities, Kickbacks and Confli (A) Vendor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Vendor for the purpose of securing business. (B) Vendor agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (C) Vendor represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (D) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a vendor, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Vendor; and 4. Recover such value from the offending parties. 13. Termination for Default or for Convenience of City. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 14. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City using state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 15. City Council Approval. If this Agreement requires the City to pay an amount of money in excess of $100,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. 16. Non -Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform under this Agreement. Vendor agrees to meet all of the requirements of City's municipal code, section 13-98, pertaining to nondiscrimination in employment. Vendor further agrees to comply with the letter and the spirit of the Colorado Antidiscrimination Act of 1957, as amended and other applicable state and federal laws respecting discrimination and unfair employment practices. Any business that enters into a contract for goods or services with the City of Aspen or any of its boards, agencies, or departments shall: (a) Implement an employment nondiscrimination policy prohibiting discrimination in hiring, discharging, promoting or demoting, matters of compensation, or any other employment -related decision or benefit on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. (b) Not discriminate in the performance of the contract on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. (c) Incorporate the foregoing provisions in all subcontracts hereunder. 17.Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, vendor understands that no City official or employee, other than the Mayor and City Council acting as a body at a council meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 18. Authorized Representative. The undersigned representative of Vendor, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Vendor for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. 19. The Professional in performing the Services hereunder must comply with all applicable provisions of Colorado laws for persons with disability, including the provisions of §624-85401, et seq., C.R.S., and the Rules Establishing Technology Accessibility Standards, as established by the Office Of Information Technology pursuant to Section §24-85- 103(2.5) and found at 8 CCR 150141. Services rendered hereunder that use information and communication technology, as the term is defined in Colorado law, including but not limited to websites, applications, software, videos, and electronic documents must also comply with the latest version of Level AA of the Web Content Accessibility Guidelines (WCAG), currently version 2.1. To confirm that the information and communication technology used, created, developed, or procured in connection with the Services hereunder meets these standards, Professional may be required to demonstrate compliance. The Professional shall indemnify the CITY pursuant to the Indemnification section above in relation to the Professional's failure to comply with 6624-85-101, et seq., C.R.S., or the Technology Accessibility Standards for Individuals with a Disability as established by the Office of Information Technology pursuant to Section §24-85403(2.5).Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement to be duly executed the day and year first herein, of which, to all intents and purposes, shall be considered as the original. FOR THE CITY OF ASPEN: By: Signed by: �t"Vw, 6S{�,I�' 3/12/2025 � 2:41:05 PM MDT Date yyDocuSigned by: n I�GCiI't�?iLl1�G y�p�sU 32737E149ED5457.1_ City Attorneys Office SUPPLIER: By: Title Date —DocuSigned by: Qw� }etw,v�a Andy Remmo Municipal Sales Manager 2/25/2025 � 7:28:37 PM MST Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 A 1110111liw WAW 4WL�i mW Ed 13UIPMENT C13MPANY WHIP[Rnrt M11OMt www.power-equip.com 1/ IJ/LVLJ Proposal # 29364 TO: CITY OF ASPEN 427 Rio Grande Place ASPEN, CO 81611 Quantity of One, New RPM Tech RPM 220 Snow Blower Including all Standard Features, Plus: + Wireless Remote Controls + Wired Controls + Truck Loading Chute + LED Chute Lights • LED Blower Lights + Carbide Ice Cutters + 116" Cutting Width • ACS Coupler Bracket + Set(s) of shear pins + Freight to Customer Location PROPOSAL ATTENTION: Daniel Maldonado 970/920�5131 dan.maldonado@aspen.gov EQUIPMENT COMPANY Denver Branch 500E 62nd Avenue Denver, CO 80216 Andy Remmo Municipal Sales Manager Office: (303) 288-6801 Cell: (303) 961-8957 Fax: (866) 852-3382 aremmo@power-equip.com Pricing Summary Sourcewell Pricing: # 062222-AGI Total Price $212,336 $212,336 RENTAL PURCHASE OPTION: Power Equipment Company will rent the subject piece of equipment with an option to purchase. 100% of the rent, less interest, will apply to the purchase price for a maximum period of six months; 80% of the rent, less interest, will apply in months seven through nine; 60% of the rent, less interest, will apply in months ten through twelve. The option to purchase will terminate after the twelfth month unless otherwise noted.All prices subject to applicable taxes and freight. This Quote is valid for thirty (30) days unless otherwise noted; subject to prior sale. FOB:Power Equipment Yard All prices are subject to surcharges applied by the OEM manufacturers and will be applied to the final invoice. Material surcharges are subject to change the price at any time from the date of the order to the time of delivery. EXCLUSION OF WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF FITNESS: Customer is skilled and experienced in use and operation of machinery of the type described in the quotation and will make his selection and decision to order on the basis of his own judgment. SELLER DOES NOT MAKE ANY WARRANTY OF MERCHANTABILITY NOR ANY OTHER WARRANTY EXCEPT THOSE SPECIFICALLY STATED. THIS STATEMENT BECOMES A PART OF ANY PURCHASE. ' Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 ' N`�'"y 10 E. 62nd. Avenue, Denver, CO 80201 ATE: 1 /13/2025 JSTOMER: Bill To CITY OF ASPEN 427 Rio Grande Place ASPEN, CO 81611 SCRIPTION OF �UIPMENT ORDERED: SALES REP: Andy Remmo CUSTOMER: Ship To CITY OF ASPEN 427 Rio Grande Place ASPEN, CO 81611 �ow�� L�4UIPMLjNT COMPANY Daniel Maldonado dan.maldonado@aspen.gov 970/920-5133 Customer hereby orders the following described machinery from Power Equipment Company, Seller. Upon acceptance by signature of an officer of Power Equipment Company, This Purchase Order shall become a contract for purchase and sale of the goods upon the terms and conditions set forth below. RPM RPM220 SNOWBLOWER �DITIONAL COMMENTS/TERMS: Per Attached Quote #29364 Purchases) Trade -In Allowance Net Equipment $212,336.00 Less: Down Payment Add: Delivery Charge TOTAL LESS ANY APPLICABLE SALES TAX $212,336.00 Unless otherwise stated, all goods shall be shipped F.O.B. Seller's yard. Delivery by the Seller to carrier shall be delivery to customer. Risk of loss passes to Customer upon delivery to Customer. Customer agrees to inspect shipments promptly on arrival and to give Seller immediate written notice of any shortage in shipment; failure of Customer to sliver written claim to Seller within fifteen days after receipt of goods is a waiver of claims for shortages in shipment. Seller shall be excused for delays in delivery or failure to perform caused by accident, labor troubles, scarcities, fire, flood, acts of God; labor shortages, �iorities, allocations by public authority or manufacturer, delays in manufacture or transportation or other causes similar or dissimilar not within Seller's control. For all amounts payable by the Customer for which credit is given or which are not paid, Customer hereby grants to Seller a security interest in the goods sold, hich security interest shall extend to all parts or accessories now or hereafter attached to the machinery and to the proceeds therefrom. Customer agrees to �ecute financing statements, notes and security agreements on Seller's forms for all amounts not paid at delivery, plus interest and time charges and fferentials. If the Customer does not pay as agreed and his account is turned over to an attorney, Customer agrees to pay all costs of collection including a reasonable :torney's fee together with all incidental damages permitted by law. SELLER'S WARRANTIES: For all machinery sold, whether new or used, Seller warrants that the title conveyed shall be good and its transfer rightful and that �e goods shall be delivered free from any security interest or other lien or encumbrance except liens and security interests securing the purchase price payable � Customer. EXCLUSION OF WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF FITNESS: Customer is skilled and experienced in use and operation of Machinery of the type described in this Purchase Order and has made his selection and decision to order on the basis of his own judgment. SELLER DOES NOT AKE ANY WARRANTY OF MERCHANTABILITY NOR ANY OTHER WARRANTY EXCEPT THOSE STATED ABOVE UNDER "SELLER'S WARRANTIES" ND FOR USED MACHINERY, THE APPLICABLE WARRANTY, IF ANY, STATED BELOW UNDER `WARRANTIES FOR USED MACHINERY'." MANUFACTURER'S WARRANTY ONLY FOR NEW MACHINERY: Customer buys new machinery by its trade name and on the basis of the manufacturer's arranty. Seller's only warranty is good title. Customer acknowledges receipt of a copy of the manufacturer's warranty and Seller will, on request, provide ustomer additional copies. Seller will, during regular working hours, make all repairs and replacements required of the manufacturer as provided in its warranty �d will look to the manufacturer for payment. IF AT CUSTOMER'S REQUEST, SELLER MAKES WARRANTY REPAIRS DURING OVER -TIME HOURS, USTOMER SHALL PAY SELLER THE DIFFERENCE BETWEEN SELLER'S REGULAR TIME LABOR RATES AND ITS OVER -TIME LABOR RATES. ). WARRANTIES FOR USED MACHINERY: There is no implied warranty for used machinery and the machinery is sold with all faults as -is and where -is. 1. CONTRACTUAL LIMITATION OF REMEDIES AND LIABILITY; Consequential damages are hereby excluded from any liability of Seller arising out of the sale the goods described. Remedies against Seller for any liability arising out of the sale of the goods described are limited to return of the goods and repayment of �e purchase price or to repair and replacement of the nonconforming goods or parts, Seller to have the election. Z. Customer examined the goods as fully as desired 3. The customer shall save and hold harmless Seller from any and all liability for injury or damage of any kind, or claims for same, to any persons or property, -ising out of the operation of the machinery while in Customer's possession and control, and from the time the risk of loss passes according to this agreement, �d shall fully indemnify Seller from any and all expense resulting therefrom; Seller shall not be liable for any damages resulting to the Customer by reason of any plays or any alleged failure of any machine to operate, or of any goods to perform. �. CHOICE OF LAW AND FORUM: This agreement shall be enforced and construed pursuant to the laws of the State of Colorado. Any action to enforce, terpret, construe, or collect damages under this Lease, or for any claims arising our of the manufacture, sale, selection, use, operation, maintenance, or repair of �e Equipment, shall be brought in the District Court for the City and County of Denver, Colorado. Owner and Customer, and any guarantors of this Lease, hereby free to the jurisdiction of such court. �. THIS IS THE ENTIRE AGREEMENT: All prior statements, representations, negotiations and proposals, if any, are superseded by and merged into this urchase Order, which upon acceptance by Seller, will constitute the entire agreement between Customer and Seller, and shall survive delivery of the goods and voicing of the Customer. CITY OF ASPEN ACCEPTANCE (Name) POWER EQUIPMENT COMPANY ACCEPTANCE Title Date Customer PO Title Date t1_ _._ A Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 062222-AGI Sou rce- wel Solicitation Number: 062222 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Alamo Group (USA) Inc, 1627 East Walnut, Seguin, TX 78155 (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 Snow and Ice Handling Equipment, Supplies, and Accessories 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 August 15, 2026, 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 other 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. Supplier's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. Rev. 3/2022 1 Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 062 M2 AGI 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 onto 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. 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 maybe rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities, Participating Entities reserve the right to inspect the Equipment and Products at a reasonable Rev. 3/2022 2 Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 062222-AGI 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; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and Rev. 3/2022 3 Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 062222-AGI • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will 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, K42 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 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 Rev. 3/2022 4 Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 062222-AGI 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 orindustry-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 or its authorized dealers, distributors, or resellers, as applicable. 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: • Maintenance and management of this Contract; Rev. 3/2022 5 Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 062222-AGI • 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, performance issues, 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 • Participating Entity • Participating Entity • Participating Entity St • 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 by Participating Entities under this Contract during each calendar quarter. Payments should Rev. 3/2022 6 Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 062222-AGI 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.OS, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract 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. Rev. 3/2022 7 Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 062222-AGI 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, orprincipal-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, 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 aroyalty-free, worldwide, non-exclusive right and license to use the trademark(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, resellers, marketing representatives, and agents (collectively "Permitted Sublicensees") in Rev. 3/2022 8 Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 062222-AGI 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. 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. 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. Rev. 3/2022 9 Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 062222-AGI 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. Z. 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. 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: Rev. 3/2022 10 Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 062222-AGI • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. i8. 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 C00001(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 liability -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 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 Rev. 3/2022 11 Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 062222-AGI 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. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Supplier will maintain coverage for all claims the Supplier may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Supplier's professional services required under this Contract. Minimum Limits: $2,000,000 per claim or event $2,000,000 — annual aggregate 6. Network Security and Privacy Liability Insurance. During the term of this Contract, 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 Rev. 3/2022 12 Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 062222-AGI 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 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. Rev. 3/2022 13 Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 062222-AGI 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. §604.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 1293541 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 Rev. 3/2022 14 Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 062222-AGI all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis -Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements Jo 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 $1501000 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. Rev. 3/2022 15 Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 062222-AGI §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRDANTl-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 otherwi dise 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. I. 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. Rev. 3/2022 16 Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 062222-AGI L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre -approval. 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 notifyOffice 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. Rev. 3/2022 17 Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 062222-AGI 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. § 20002160 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 By: Jeremy Schwartz Title: Chief Procurement Officer 8/16/2022 111:41 AM CDT Date: Approved: �,D'oAcuSigned By: 7E42B8F817A64CC... Chad Coquette Title: Executive Director/CEO 8/16/2022 111:42 AM CDT Date: By: Alamo Group (USA) Inc �DocuS..igrrned by: owu t VG A7C804FDBODC46F... Daniel Beaudoin Title: Vice President Snow Removal Group Date: 8/16/2022 16:43 AM PDT Rev. 3/2022 18 Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 RF'P 062222 - Snow and Ice Handling Equipment, Supplies, and Accessories Vendor Details Company Name: Alamo Group (USA) Inc. Does your company conduct business under any other name? If Everest Equipment Co., Henke Manufacturing Corporation, Tenco Inc., Wausau Equipment Company, Inc. yes, please state: Address: Contact: Email. Phone. HST#: Submission Details Created On: Submitted On: Submitted By: Email: Transaction #: Submitter's Ire Address: 1627 East Walnut Seguin, TX 78155 Robert Madison rmadison@alamo-group.com 913-680=9605 71m2149829 Friday June 10, 2022 09:32:08 Monday June 20, 2022 14:47:24 Robert Madison rmadison@alamo-group.com 796d78f3-ffe5-4c60-ba59-57f2dc000b74 107.128.0.129 Bid Number: RFP 062222 Vendor Name: Alamo Group (USA) Inc. Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 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 "NIA" if the question does not apply to you (preferably with an explanation). 1 Proposer Legal Name (one legal entity only): Alamo Group (USA) Inc (Industrial Equipment Division, Snow Group) (In the event of award, will execute the Tax ID #74-2149829 resulting contract as "Supplier") DUNS #048211288 2 Identify all subsidiary entities of the Proposer The Snow Group within the Industrial Equipment Division included in this proposal whose equipment, products, or services are are included in the Proposal. Everest Equipment Co.' — Tax ID #123010837RC0002 Henke Manufacturing Corporation - Tax ID #48-1134942 Tenco Inc.`— Tax ID #98-1392386 US, #851851105 Canada o Tenco Industries Inc. — Tax ID #45-3446491 Division of Tenco Inc. o RPM Tech No tax identification, brand only Wausau Equipment Company, Inc. Tax ID #39A308715 3 Identify all applicable assumed names or DBA Alamo Group (USA) Inc, Everest Equipment Co., Henke Manufacturing Corporation, names of the Proposer or Proposer's RPM Tech, Tenco Inc., Tenco Industries Inc., Wausau Equipment Company, Inc. subsidiaries in Line 1 or Line 2 above. 4 Provide your CAGE code or Unique Entity Alamo Group (USA) Inc - #439JO Identifier (SAM). Everest Equipment Co. — N/A Henke Manufacturing Corporation - #57478 Tenco Inc. m #7YHT3 Wausau Equipment Company, Inc. - #62934 5 Proposer Physical Address: Alamo Group (USA) Inc — 1627 East Walnut, Seguin, TX 78155 Brand addresses: Everest Equipment Co. — 1077 Westmount St, Ayer's Cliff, Quebec JOB 1 CO Henke Manufacturing Corporation — 3070 Wilson Ave, Leavenworth, KS 66048 Tenco Inc. and RPM Tech —1318 rue Principale, St-Valerien-de-Milton, QC JOH 2BO Additional offices: 5700 South Lima Rd, Lakeville, NY 14480 RPM Tech: 2220 Michelin St, Laval, Quebec H7L 5C3 Wausau Equipment Company, Inc. — 1905 South Moorland Rd, New Berlin, WI 53151 6 Proposer website address (or addresses): Alamo Group (USA) Inc (Industrial Equipment Division) — https://www.alamo- group.com/our-company/company-divisions/industrial-division/ Brand addresses: Everest Equipment Co. https://everestequipment.com/ Henke Manufacturing Corporation — ;https://henkemfg.com/ RPM Tech - https://grouperpmtech.com/en Tenco Inc. https://tenco.ca/ Tenco Industries Inc. - https://tenco.ca/ Wausau Equipment Company, Inc. - https://wausauequipment.com/ Bid Number: RFP 062222 Vendor Name: Alamo Group (USA) Inc. Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 7 Proposer's Authorized Representative (name, Jeffrey Adams title, address, email address & phone) (The Vice President, Snow Removal Group representative must have authority to sign 1905 S. Moorland Road the "Proposer's Assurance of Compliance" on New Berlin, WI 53151 behalf of the Proposer and, in the event of jadams@alamo-group.com award, will be expected to execute the 262-796-6126 resulting contract): 8 Proposer's primary contact for this proposal Robert Madison (name, title, address, email address & phone): Director of Product Management & Marketing 3070 Wilson Ave Leavenworth, KS 66048 rmadison@alamo-group.com 913-680=9605 9 Proposer's other contacts for this proposal, if Mary Andrews any (name, title, address, email address & President, Managing Director phone): Manufacturers Solutions Team mary@manufacturerssolutionsteam.com 8304814818 Table 2: Company Information and Financial Strength 10 Provide a brief history of your company, including your company's core values, business philosophy, and industry longevity related to the requested equipment, products or services. Founded in 1969, Alamo Group is a leader in the design, manufacture, distribution and service of high -quality equipment for infrastructure maintenance, agriculture and other applications. Our products include truck and tractor mounted mowing and other vegetation maintenance equipment, street sweepers, snow and ice removal equipment, excavators, vacuum trucks, other industrial equipment, agricultural implements and related after -market parts and services. Alamo Group headquarters are located in Seguin, Texas. Our member companies are throughout Australia, Europe, North America, and South America. For over four decades, we have focused on satisfying customer needs through geographic market expansion, product development and refinement, and select acquisitions. Our first products were based on rotary cutting technology. Over the years we added flail cutting and sickle -bar technology. Today, we have become a leader in the markets we serve in terms of product innovation and development, the creation and marketing of compelling brands, product safety, and manufacturing efficiency. Our development as a company has been enhanced by more than twenty- five acquisitions. Alamo Group went public in 1993 and since 1995 has been listed on the New York Stock Exchange as ALG. Our products are sold through Alamo Group's marketing organizations and our extensive independent worldwide dealer networks under various trademarks and trade names. These include Alamo Industrial, Bomford, Bush Hog, Denis Cimaf, Earthmaster, Everest, Herschel, Henke Manufacturing, HP Fairfield, McConnel, Morbark, M&W, Nite-Hawk, Old Dominion Brush, Rayco, RhinoAg, Rivard, Rousseau, RPM Tech, Santa Izabel, Schwarze, Schulte, SMA, Spearhead, Super Products, Superior, Tiger, Tenco, Terrain King, Twose, VacAll, Wausau, and others. Alamo Group is committed to maintaining the highest ethical standards and to conducting our business in a manner consistent with our moral and legal obligations to our customers, suppliers, employees, shareholders, and the public. The Alamo Group Board of Directors and senior managers have approved and adopted a Code of Business Conduct and Ethics which covers confidential and proprietary information, inventions, conflicts of interest and fair dealing, corporate opportunities, insider trading and tipping, the Foreign Corrupt Practices Act, The Bribery Act 2010, antitrust compliance, export controls, fraud, confidential reporting procedures, and non -retaliation measures. The policies from the Code governs our conduct worldwide in our facilities and where we transact business and are intended to be applied in good faith with reasonable business judgment within the framework of the law and sound ethical practices. All of our companies support their local community initiatives, for example in parades, fundraisers, civic events, and wellness events while also responding to natural disaster emergencies. Alamo Group (USA) Inc has two divisions; Industrial Equipment and Vegetation Management. The snow and ice companies are in the Industrial Equipment Division and are detailed below. Bid Number: RFP 062222 Vendor Name: Alamo Group (USA) Inc. Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 Everest Equipment Co. was founded in 1974 as a custom's concrete forms manufacturer, providing heavy duty cast -in -place forms for tunnel and shaft infrastructure work. In 1984 the company added snow and ice handling equipment as complimentary products to the custom forms. This addition added diversity and additional financial security to the business. In 2000 Everest purchased Frink America and renamed it American Sno-Plows. Frink was the first company mass producing heavy-duty snow and ice equipment beginning in 1920. Today the product line is still being manufactured with the other Everest products. In 2004 Specialized Industries purchased Everest. This was a group of five companies focused on vac trucks, highway and airport snow and ice management, and distribution. Alamo Group made the acquisition in 2014. Today Everest Equipment Co. designs and manufactures a full range of heavy-duty snow removal and ice control products marketed under the Everest, American Sno- Plows and Frink America brands. Products include snowplows, hitches, wing systems and all -season spreader bodies. Everest also designs and services a wide range of custom cast -in -place concrete forming systems for underground structures. Henke Manufacturing Corporation was founded in 1916 as Royer Manufacturing Company In Janesville Iowa manufacturing horse-drawn graders. Around 1925 the first motorized snow removal system to be manufactured in the US was developed by the founder Jesse Royer. In the 1940's Jesse developed a power sweeper that removed ice from the pavement. Martin Henke took control over the company in 1946 and changed the name to Henke Manufacturing Company. The company was soId to Edward Green in 1967. Edward became a key supplier of snow removal equipment for John Deere. Henke moved from Iowa to Waverly Iowa in 1978. In 1982 Michael Green assumed control following the death of his father. Henke filed far bankruptcy in 1992 and was purchased by a group of investors in 1993 and moved to Leavenworth Kansas. From that point forward Henke expanded and created a healthy growth path. Alamo Group made the acquisition in 2007. In 2010 Henke diversified into V-Box style salt and sand spreaders. In 2018 truck upfitting was added. Today Henke provides state of the art turnkey trucks fully equipped with plows, hitches, wings, scrapers, dump bodies, hydraulics and V-Box spreaders. Tenco Inc. was founded in 1976 in St-Valerien-de-Milton Quebec Canada marketing the one-way TC-96 plow and building other major products of drum crushers, paper balers, and hydraulic cylinders. Tenco produced the 12M dump body/spreader in 1984. Tenco chose to focus on snow and ice control in the 1980's by acquiring companies which allowed the portfolio to grow to truck attachments, loader and grader attachments, de-icing and anti -icing equipment, airport plows and sweepers and loader mounted self-contained snow blowers. In 1993 Tenco Industries Inc. was founded and quickly became a major marketing and operations center in support of the sale and distribution of spare parts and equipment in the US which were being manufactured in Quebec. The acquisition of SMI took place in 1999 which added self-propelled snowblowers and airport runway sweepers to the offering. A 34,000 sq. ft. building was added to the Quebec facilities in 2000. Tenco acquired Vohl's snow removal division in 2003 and started selling the renowned DV4000 loader -mount snowblower. Pursuant to an agreement with Bucher in 2005, Tenco was authorized to distribute Rolba high quality self- propelled snowblowers and Schorling runway sweepers in North and South America. Alamo Group acquired Tenco in October 2011. In 2013 Tenco began the distribution of Bucher Municipal (Giletta) high -end equipment for North America. In 2020, Tenco merged with R.P.M. Tech Inc., a company Alamo Group acquired in 2017, that concentrates on rugged industrial snow removal equipment in order to streamline operations. The RPM Tech brand is well known, and our intention is to keep it in the forefront. Today Tenco provides a vast array of truck attachments to dump bodies, specialty bodies, full hydraulic systems, emergency lighting and all other appurtenances for complete and road certified trucks, loader mounted sell contained snowblowers and a complete line of deicing and anti -icing equipment as well as airport plows, sweepers, and blowers. Wausau Equipment Company, Inc. was founded in 1978 and is a leading manufacturer of heavy-duty snow removal and ice control equipment for highways, airports, and rail markets. Wausau has two locations; a 167,00 sq. ft. fabrication plant in New Berlin Wisconsin and a 28,000 sq. ft. assembly plant in Fond du Lac Wisconsin, Bid Number: RFP 062222 Vendor Name: Alamo Group (USA) Inc. Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 Alamo Group acquired Wausau in 2014. Today the portfolio consists of severe service snowplows, hitches and wing systems, rotary brooms, loader and truck mounted snowblowers, spray and anti-icing/deicing systems, high velocity air movers, and truck mounted tunnel washers. Alamo Group will continue to look for opportunities to organize the brands in a manner which is advantageous to providing the member with the best products and vices and ease of doing busi serness. It is important the members have access to our expert resources and support in this category to help guide them to the right solution across our brands. (Refer to attached Organization Quick Reference) 11 What are your company's expectations in the Being awarded a contract will play a key role in allowing us to provide products, event of an award? service, and support for all of Sourcewell''s North American members, to include those in the US and Canada. We are excited about the potential the contract has to drive growth for all of our brands. We plan to lead customers to, educate them about, and ultimately drive business with the Sourcewell contract in both the US and Canada. With Alamo Group's massive and diversified product portfolio, we are able to work with Sourcewell members to provide them with one of the largest product offerings in the Snow & Ice removal category. We welcome the opportunity to work with Sourcewell members to understand their current and future equipment, service, training, and parts requirements, and we will work with them to develop custom designed packages when needed. In addition to offering Sourcewell members a vast and varied product offering, we will also provide them with exemplary levels of quality, service, competitive, discounted prices, and full coverage in North America, ultimately bringing the best value to Sourcewell 'members. The Alamo sales team believes we will continue to grow our sales by leveraging the Sourcewell contract. The Sourcewell brand is strong and is increasingly associated with integrity, quality, and ease of use, all of which makes it easier for us to leverage the contract to the benefit of Sourcewell, Customers, and Suppliers alike.` We look forward to continued growth if we are awarded this contract for another 4 years, and we commit to providing Sourcewell members with 'timely responses from our very knowledgeable teams, and to provide them with high' quality solutions designed to meet and/or exceed the industry standards. 12 Demonstrate your financial strength and Alamo Group Q1 2022 Sales and Earnings recap. stability with meaningful data. This could o Net sales of $362.0 million, up 16.3% include such items as financial statements, o Income from operations of $29.1 million, up 14.5% SEC filings, credit and bond ratings, letters o Net income of $18.5 million, or $1.55 per diluted share, up 5.8% of credit, and detailed reference letters. o Adjusted net income of $19.4 million, or $1.63 per diluted share, up 11.4% (1) Upload supporting documents (as applicable) o Trailing twelve-month EBITDA of $165.7 million, up 2.2% from full year 2021(1) in the document upload section of your o Backlog of $917.8 million, up 102.8% compared to prior year first quarter -end response. (Refer to attached Q1 2022 SEC Form 10-Q, 2021 10-K, and the Q1 2022 Sales and Earnings Release) 13 What is your US market share for.: the is :industry has a broad range of equipment with a wide range of requirements by solutions that you are proposing? geographical regions in the US and Canada. Although AEM does not track market share for individual snowplows, spreaders, bodies, etc., Alamo Group (USA)'s Snow Group offers a complete range of equipment in both the US and Canada. Few companies can match our product breadth to North American members. Based on decades of sales history, and records within our own MRP/CRM systems, Alamo Group (USA) Inc estimates that our collection of brands have a market share' of 25 — 35% in the US`. 14 What is your Canadian market share for the Alamo Group (USA) Inc brands have a market share of 45 — 50% in Canada. And solutions that you are proposing? while nearly 50% market share is impressive, we also realize we have plenty of opportunity for growth, both through product awareness and marketing, as well as through easy -to -use purchasing mechanisms such as Canoe. 15' ;ton. Bid Number: RFP 062222 Vendor Name: Alamo Group (USA) Inc. Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 16 How is your organization best described: is We are best described as b) a manufacturer or service provider, It a manufacturer, a distributor/dealer/reseller, or a service provider? Answer whichever We work through a dealer network of independent dealers, which includes Alamo question (either a) or b) just below) best Group owned HP Fairfield, all who represent our brands in the US, Canada, and applies to your organization. internationally. In most cases, our dealer network covers a geographical area. The a) If your company is best described as dealers are individually owned and have their own sales and service teams to a distributor/dealer/reseller (or similar entity), support the local members, provide your written authorization to act as a distributor/dealer/reseller for the manufacturer Our products are delivered to the members direct from the factory or through our of the products proposed in this RFP. If dealer network which is supported by territory sales managers, service managers applicable, is your dealer network and service team members. independent or company owned? b) If your company is best described as In a case where we have local facilities in Canada our employees would provide a manufacturer or service provider, describe the sales, service, and parts to members within their area of responsibility. The your relationship with your sales and service member would issue their purchase order to the company just as if we were an force and with your dealer network in approved dealer. delivering the products and services proposed in this RFP. Are these individuals If there is no dealer coverage in an area, we provide a direct company employee your employees, or the employees of a third to manage the sales and service of the member. Our factory team provides all party? additional support required. 17 If applicable, provide a detailed explanation We know license requirements vary across North America and we expect our outlining the licenses and certifications that factories and dealers to adhere to all requirements, not only required licenses but are both required to be held, and actually also with municipal and governmental technical codes and regulations, insurance held, by your organization (including third requirements, sales representative licensing, and service technician certifications. parties and subcontractors that you use) in pursuit of the business contemplated by: this We practice lean manufacturing and annually send employees from every department RFPa to the Kent State Lean Six Sigma Training & Certification Program. Many of our employees have completed the training and annual refresher courses to obtain their OSHA certificates. As a company we require all employees to attend in=factory training on a regular basis on safe practices. We require our equipment operators to attend training; regularly to remain efficient and effective when operating their equipment. We require our welders to be in- house certified on top of their standard certification. Everest Equipment Co.' 1) PERMIS DE COMMERQANT DE VEHICULES ROUTIERS — License to sell trucks in Canada (Refer to attached certificate) 2) Seal of Performance & Quality annual inspection' and welders tested and audited (Refer to attached certificate) Henke Manufacturing Corporation 1) KS Business ID 2066884 (Refer to attached Certificate of Good Standing) Tenco Inc. 1) Registered with the National Highway Traffic Safety Administration in the US as an alterer of previous certified motor vehicles and final stage manufacturer of motor vehicles. 2) Registered with the Canada Motor Vehicle Safety Standards as an alterer of previous certified motor vehicles and final stage manufacturer of motor vehicles. (Refer to attached certificate) 3) ISO 900142015 certified (Refer to attached certificate) Wausau Equipment Company Inc. 1) ISO 9001 *2015 certified (Refer to attached certificate) 18 Provide all "Suspension or Debarment" information that has applied to your organization during the past ten years. We have never been suspended or ban-ed. Table 3: Industry Recognition &Marketplace Success 19 Describe any relevant industry awards or Henke Manufacturing Corporation recognition that your company has received 1) March 2017 Non -Provisional Patent Filing date for the Provisional Patent for in the past five years Plow Trip Edge Spring Sharer 2) March 2018 Patent issued for our innovative cartridge spreader 3) June 2018 Notice of Allowance received for the Provisional Patent for PPW (Wing Plow Apparatus) Tenco Inc. 1) APWA 2022 Best New Product Award (Refer to attached award) Bid Number: RFP 062222 Vendor Name: Alamo Group (USA) Inc. Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 20 What percentage of your sales are to the The majority of our brands almost exclusively sell to government 'agencies with 90 governmental sector in the past three years 99% of sales made to the government sector in the last three years. Tenco Inc. *` supports a large retail base of customers which puts their overall sales to the governmental sector at 65% over the last three years. 21 What percentage of your sales are to the We recorded less than 1 % of sales for the education sector in the past three years, education sector in the past three years 22 List any state, provincial, or cooperative Note, on sparse occasion we will authorize a dealer to hold a contract with our purchasing contracts that you hold. What is products listed as this 'setup was going to be the most advantageous for the the annual sales volume for each of these customer, contracts over the past three years? Everest Equipment Co. o Sourcewell 2019 = $246,359 2020 = $149,035 2021 $53,345 Henke Manufacturing Corporation o Sourcewell 2019 $723,427 2020 $1,385,740 2021 $578,413 o ID DOT 2019 $695,544 2020 $255,371 2021 $129,034 o MT DOT 2019 $261,013 2020 $3,392 2021 318496 o PA DOT 2019 $219,644 2020 $408,109 2021 = $633,925 o PA Turnpike 2019 ` $17,446 2020 $390,332 2021 = $43,273 o TX DOT 2019 = $117,675 2020 _ $627,355 2021 = $874,730 o LIT DOT 2019 = $65891 2020- $0 2021 = 36,285 Tenco Inc. o Sourcewell originally awarded under R.P.M. Tech, amended to Tenco Inc. in 2020 2019 $931,893 2020 = $2,8643254 2021 1,102,003 o NY State OGS Sourcewell Participating Addenda 2021 = $111,864 2022 YTD $255,931 Wausau Equipment Company, Inc. o Sourcewell 2019 = $522,768 2020 = $19517,397 2021 = $644,731 23 List any GSA contracts or Standing Offers We do not hold a GSA contract. and Supply Arrangements (SOSA) that you hold. What is the annual sales volume for Tenco Inc. has a Standing Offer valid until 2023 for 6,500,000$ CAD per year with each of these contracts over the past three V.E.M.A. Government of Manitoba. years? Bid Number: RFP 062222 Vendor Name: Alamo Group (USA) Inc. Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 Table 4: References/Testimonials Line Item 24. Supply reference information from three customers who are eligible to be Sourcewell participating entities. Entity Name Contact Name * Phone Number* Town of Massena, NY Frank Diagostino Highway Superintendent 315-769-7429 South Dakota DOT Headquarters Pierre Tyler Green ' 605-773-3459 Des Moines International Airport IChris Kuonen 641-202-0022 Table 5: Top Five Government or Education Customers Line Item 25. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. Entity Name Entity Type * S#ate I ' Scope of Work'* Size of Transactions Dollar Volume Past Three Province Years Nevada DOT Government Nevada - NV Snow and ice removal Plows, wings spreaders, $2,178,996.90 tum-key trucks, grader installations Denver Airport Government Colorado - CO Snow and ice removal 2 units $7811120.00 New York DOT Government New York - NY Snow and ice removal 5 units $586,250 Gov't of Government ! MB - Manitoba Snow and ice removal 19 snow removal mucks 51691,609.45$ (CAD) Manitoba VEMA C.G.E.R. Government QC - Quebec Snow and ice removal 10 snow removal trucks 31211,844.69$ (CAD) Quebec and parts 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. !Sales force. Alamo Group (USA) Inc has a team of 32 full time, sales team members strategically located throughout the US and Canada supporting the sales for our Snow and Ice brands. If we include our dealer sales and support teams, each of whom have between 1 and 10 dedicated governmental sales associates, we have over 1,000 salespeople who promote our products, parts, training, and services in North America. Our dealer location information is included in the attachment referred to in number 27 below. Mary Andrews with Manufacturers Solutions Team will be a big contributor to the success of our sales teams utilizing an award. Mary worked with the Group for 13+ years and was a pioneer at Alamo in recognizing the value of a Sourcewell contract and was instrumental in assisting other sister companies in applying, receiving, rolling - out, training, and utilizing an awarded contract. (Refer to attached Alamo Group (USA) Inc location map) Bid Number: RFP 062222 Vendor Name: Alamo Group (USA) Inc. Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 27 Dealer network or other distribution We place a high value on servicing members locally and provide all the necessary methods, training, contacts, and product support from our factories to assist the dealers in giving the members a great experience with our products. We are very capable of working with all members direct when that creates a better solution for them. Over 80% of our sales go through our dealer teams with the full support from our factory teams. The majority of our dealers specialize in snow removal management and are categorized as independent Truck Equipment or Industrial dealers. Henke also utilizes Construction dealers to sell, service, and support their products. We will have over 1400 dealer locations representing our products on this contract if awarded. Many ,of our dealers overlap and represent more than one of our brands. Each dealer is supported by our Territory and Regional Managers and our entire factory teams. Alamo Group acquired HP Fairfield's two locations and they serve municipalities and contractors throughout New England by helping them improve the safety and condition of roadways, airfields, and public infrastructure through the sale, manufacture and custom installation of specialized work trucks and related equipment. Their products include custom municipal snow and ice removal equipment; street sweepers; rotary, flail and boom mowers; 'solid waste and recycling equipment, water and sewer maintenance equipment; ;sidewalk tractors; and asphalt maintenance patchers. These' two locations are considered Alamo Group owned dealers to our Snow and Ice companies. (Refer to attached dealer listing) 28 Service force. The Alamo Group of Snow and Ice companies require our dealers to have a dedicated team of service professionals trained on the brand/s they represent. As mentioned above, the majority specialize in snow removal management and have been servicing the area for years and know the members. Our dealers have a minimum of one lead service technician and one parts specialist who is well versed to support our products in the field with their service trucks or in their shop. 29 Describe the ordering process. if 'orders will be handled:: by distributors, dealers or others, explain the respective roles of the Proposer and others. Our factories have dedicated service groups available 24/7. We have service trucks and technicians provng support to the members and dealers along with our Service Managers, Parts Managers, and technicians. Our support does not stop there. Our service force encompasses our teams of upper management, engineering, marketing, accounting, customer service, manufacturing, quality assurance, shipping, warranty, sales, training, and safety. We provide a full and complete package to the members and dealers in order to get to the solution efficiently and effectively. In total there are approximately 17 technicians available from our factories and 1000+ through our dealers to offer first line service in the US and Canada. The process begins with the member working with the local dealer or direct factory A quote is prc Sourcewell/Car The member i; ided by the dealer or representative and documen �e member and i contract numbers, sues their PO to the dealer or representative with e member and contract numbers. If the PO goeE a PO to the brand and include their quote to tht copy of the members purchase order, all will hav s noted. e filled and shipped to the 'dealer or direct to the be issued to the member from the dealer or repr e members PO, led; and tracked through our ERP and/or Salesforc e our tracking and fee payment reporting. the mem nember. sentative t Bid Number: RFP 062222 Vendor Name: Alamo Group (USA) Inc. Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 30 Describe in detail the process and For customer service, parts, or service we always encourage the member to contact procedure of your customer service their local dealer first. Most of our dealers have normal business hours and offer program, if applicable. Include your support after hours when the member has an issue which cannot wait until business response -time capabilities and hours resume. Our dealers are expected to maintain a parts stocking level adequate commitments, as well as any incentives to support the equipment in their area, that help your providers meet your stated service goals or promises. A typical process is once the customer has notified the dealer of the issue, the dealer will send their sales and tech representatives to the site to access the situation within 24 hours. A decision is made to address the issue on site or bring it back to the shop. Our dealer and factory teams make service an extreme priority and it is what sets us apart from our competitors. Our factories are always ready to assist the dealers when needed. We also offer direct customer service, parts, and service support to the members. We strive to expedite our solutions to minimize customer down time. Our factories maintain a large inventory of parts to support the members and dealers. In some cases, we will manage issues through Salesforce using the "Cases" functionality. This system ensures all our teams, sales, service, production, and engineering, at the factory are aware of the issue and gives them the opportunity to assist in the solution. Once the case is completed the customer is notified. The cases are tracked and managed using multiple metrics, including age, status, next actions, and root cause. Everything is structured so we can take care of issues quickly and that we have a feedback tool to help us improve our products and processes from any issue that comes in. 31 Describe ;your ability and willingness to We will be able to fully serve the US through our large dealer network and provide your products' and services to factories. We are geographically diverse to cover the snow -belt areas in the US. Sourcewell participating entities in the United States. 32 Describe your ability and willingness to We have a good market share in Canada and we will be able to fully serve the provide your products and services to Canoe members in Canada through our large, geographically diverse dealer network Sourcewell participating entities in Canada. and factories in Canada. We know the Canoe Capital Purchasing Programs are being well supported by the Canoe team and we look forward to working with them in a greater capacity if awarded to grow the purchasing in Canada through their Purchasing Program. 33 Identify any geographic areas of the United We will service all ;geographic areas, including the very remote areas, of the United States or Canada that you will NOT be States and Canada. fully serving through the proposed' contract. 34 Identify any Sourcewell participating entity We will fully service all Sourcewell participating entity sectors. We have nothing sectors (i.e., government, education, not -for- limiting our participation in the Sourcewell contract. 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? 35 Define any specific contract requirements We currentlyserve` these areas and do not have any specific contract requirements or restrictions that would apply to our or restrictions that would apply to the areas, participating entities in Hawaii and Alaska and in US Territories. Table 7: Marketing Plan Bid Number: RFP 062222 Vendor Name: Alamo Group (USA) Inc. Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 36 Describe your marketing strategy for Alamo Group developed the Snow and Ice Group through numerous acquisitions. We promoting this contract opportunity, have recognized over the years we can be a better partner with the members by Upload representative samples of your leveraging the expertise, product development and innovation, and product safety standards marketing materials (if applicable) in across our compelling brands. We recognize our brands may share members and we the document upload section of your want them to know by working with us they can find the exact product to meet their response. requirements. Brands are important to members, and we intend to highlight the brands the members have come to trust with Sourcewell landing pages, if awarded, to make it easier for the member to find their brand. Everest Equipment Co., Henke Manufacturing Corporation, RPM Tech, Tenco Inc., and Wausau Equipment Company Inc. pages will provide the member with the brand information but also allow them to know other brands are available by the Group to meet their specific requirements. Success with our previous Sourcewell awards has partly been due to the visibility of the Sourcewell Awarded Contract Vendor logo and contract number which we have placed on our signature blocks, webpages, social media posts, marketing materials, advertisements, newsletters, banners displayed at trade shows, and banners displayed at dealer locations. Each brand will continue these efforts if awarded and find other ways to keep the contract in front of the members. (Refer to attachments of samples of marketing materials) As the opportunities arise, we will continue to attend trade shows and highlight the contract within the booth and on the equipment. We will select our spot within the Sourcewell pavilion at every opportunity. Training is another way we have achieved success with our previous awards, and we will continue to train and educate our dealers and the members on the features and benefits of the contract. We will train on leading with the Sourcewell contract. We will continue to encourage our dealers and factory representatives to attend the Sourcewell University and Sales Accelerator courses as they are offered in their areas. We will continue to use email to stay in front of members and prospects with new product announcements, videos, literature, trade show notices, sales initiatives, and product bulletins to name a few. We will continue to share Sourcewell initiated social media posts to get the message out to a broad base of members and prospects. Our Sourcewell Contract Manager will continue to be a big part of our success as we look to them to assist in answering questions from the members and our team. 37 Describe your use of technology and We have a regular presence through our dealers and factory marketing teams on Linkedln, digital data (e.g., social media, Facebook, YouTube, Twitter, and Instagram. We have used (these platforms to; promote metadatausage) to enhance previous Sourcewell awards. We have published videos, polls and surveys, and customer marketing effectiveness, success stories. We have dedicated pages explaining the value and advantages of Cooperative' Purchasing through the Sourcewell contract with links to Sourcewell's pages. We use Google Analytics to analyze how users are finding our websites and how they behave once on the website. We are optimizing our content for search engines in order to achieve top results for searches by publishing high -quality content on 'a regular basis. We focus on keywords in our content based on our analysis. We update our content and images often which are optimized via SEO naming. We promote our products and services through advertisements in print and on our social media platforms. We have been successful at increasing the awareness of our brands and have increased inbound traffic. We advertise in the Municipal magazine (online and print) ;in support of Sourcewell' being the only cooperative contract they promote across the US. www,themunicipal.com. We target customers on various snow removal and public works' related sites such as www.betterroads.com with text, image or video banners. We are remarket targeting customers who have visited our sites based on cookie technology and presenting ads via Google' AdWords on other websites. Bid Number: RFP 062222 Vendor Name: Alamo Group (USA) Inc. Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 38 In your view, what is Sourcewell's role We believe the most success will come from the teams at Sourcewell and Alamo Group in promoting contracts arising out of working together to promote our partnership and to service the needs of the members, this RFP? How will you integrate a establishing new members, and establishing participating addendums. Our experiences Sourcewell-awarded contract into your with our previous Sourcewell awards indicate the Sourcewell marketing strategies work sales process? well. We will expect Sourcewell to continue to attend trade shows and offer trainings throughout the US, provide us with legal acceptance issues, information on participating addendums within our category, and continued access to your contract management team. We hope Sourcewell will continue to provide the membership lists for North America and marketing brochures we can integrate in with our packages to ensure the right message is clearly getting out. We are committed to leading with the Sourcewell contract, training, and educating our teams and the members and prospective members. We will continue to encourage our teams to discuss all the opportunities for providing products and services under a single contract umbrella. We expect Canoe to provide the same type of support in Canada as they grow their footprint, and we are committed to working with them to expand the Capital Purchasing Program across the provinces. 39 Are your products or services The variability, customization, and specialized nature of the configurations our ,`products can available 'through an e-procurement be built to does not allow the utilization of an e-procurement ordering process at this ordering process? If so, describe your time. If awarded, we will participate in the Buy Sourcewell platform at the level which e-procurement system and how makes the most sense for our product offerings. governmental and educational customers have used it. Table 8: Value Added Attributes Describe any product, equipment, maintenance, or operator training programs that you offer to Sourcewell participating entities. Include details, such as whether training is standard or optional, who provides training, and any costs that apply. Part of the delivery and start-up of our equipment includes product, equipment maintenance, seasonal set-up and breakdown, and operator training which is provided as a standard part of the sale of our equipment which is conducted by a factory and/or dealer representative. Most of our equipment has a training program tailored to that specific piece of equipment with the exact training requirements depending on the type of equipment and the technical expertise required for its safe and proper operation. We offer the training at the time of delivery and start-up and as a follow-up refresher or when new personnel have taken over the equipment. The member receives parts and service manuals as applicable for each piece of equipment at no additional charge. More in-depth training is available when requested by the member. Typically, the request is to go deeper into the features and benefits of the equipment, recommended preventative maintenance, safety practices, and in general how to get the most out of the members investment. This training will typically also include what spare parts and wear items should be on hand to cover the normal maintenance routine and to keep the equipment running well. Who instructs the training depends on what will be covered. Our dealers and factory teams are well versed in training on the equipment. Joe Vietri is our dedicated trainer who will also be brought in at various levels of requested training especially if it includes certifying a technician on the product. The typical one -day course will be approximately $2,400 and a broader scope 2-day training will be approximately $3,800. Pricing is based on the customized training being requested and would be quoted as an open -source line M. (Refer to attached syllabus for a few training course options) Bid Number: RFP 062222 Vendor Name: Alamo Group (USA) Inc. Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 41 Describe any technological Alamo Group is known for being innovative and evolving their products with unique and one advances that your proposed of -a -kind features which provides the members with functionality and performance they have products or services offer. stated they need. Our Snow and Ice Group leverages technological advances to provide the members with the best solutions to meet their requirements. Everest Equipment Co. — To ensure product designs are relative in `today's requirements and to perform finite element analysis (FEA) to provide the strongest designs at the lowest possible weights we use the design software, Inventory and RISA. To deter corrosion in finished products in the field, our steel -shot blast booth with reclaiming facilities installed in the floor under the plant gives us the advantage of a ;high-grade surface for primer and finish paint applications. We have increasedproduct manufacturing quality by utilizing ergonomic workstations and hydraulic product manipulators to decrease technician fatigue. To ensure perfect fit tolerances in component parts our plasma table is completely computer controlled. Henke Manufacturing Corporation — Since the 1990's our equipment has been developed using the 3D solid 'modeling computer design program SolidWorks. This software gives us the ability to run finite element analysis (FEA) to put the best material type into specific locations to ensure the product can stand up to all the stress points it will receive during operation. Our patents provide unique technological advantages to the members throughout the product line. 1) Cartridge style V-Box Spreader has an exclusive feature to remove the conveyor cartridge which allows for a higher level of safety and ease to service or replace. 2) Postless Patrol Wing (PPW) affords the member a better plowing performance due to the unique non -trailing design. 3) HkGate (Snow gate) creates a safer driving condition` and ;gives the member the ability to provide higher service levels to their customers while' transporting snow across driveways and intersections. 4) Mechanical Float Parallel -Lift (True Float `Parallel Lift) 5) Spring Sharer design utilizes spring -sharing technology that allows the force generated by one torsion spring to be used by two separate sections' of a 2-section trip -edge plow. Tenco Inc. — Our Wide Wing System :(WWS) provides multi -lane snow and ice clearing, up to 27 feet in one pass, in a very safe manner. 1) Truck and mounted equipment turnkey WWS solution 'provides a seamless, trouble -free integration which requires lonly a standard commercial drivers license. 2) System components controlled and maneuveredusing joystick technology simplifying the driver's task and allowing the driver to focus all attention on the road. 3) Pre -wets and spreads deicer and abrasive materials. We have been able to take advantage and provide certain new features since RPM Tech transitioned to the Tier 4 stage 5' engines. Listed are the features supporting the members focus on a safe and secure working environment. 4) Fail safe sensors 5) Override system program 6) Engine code readers 7) Rotational nozzle` systems to increase visibility while operating the unit Wausau Equipment Company, Inc. — Our technological advances include 1) Hydro=mechanical drive for snow blowers allows` the snow blower to be hydraulically reversed for a comfort and safety bonus to the driver. Bid Number: RFP 062222 Vendor Name: Alamo Group (USA) Inc. Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 42 Describe any "green" initiatives Alamo Group has a 2030 target to reduce its greenhouse gas emissions by 50% as that relate to your company or to compared to its 2019 base year. This target covers Scope 1 & 2 emissions as defined in your products or services, and The Greenhouse Gas (GHG) Protocol Corporate Accounting and Reporting Standards include a list of the certifying published by the World Business Council for Sustainable Development and World Resources agency for each. Institute. (Refer to attached Sustainability Report) Alamo Group's product evolution will continue to seek for ways to offer "green" solutions to the members. Research and development are ongoing in the electrification of certain products. Our factories strictly adhere to the local, state, and federal environmental guidelines, rules, and regulations on the use and disposal of output generated from the factories. Areas we promote include: 1) Computerized salting to allow for safer road conditions and minimize the effect on the environment. 2) Belt driven systems to reduce weight and avoid oil spillage resulting from dry components and oil leaks. 3) Recycling of metals, paper, cardboard, used electronic equipment, and fluids. 4) Paint solvent recycler reduces the amount of new solvent needed and reduces the amount of waste being picked up. 5) Automated paint mixing system has sprayers that are electrostatic which reduces paint waste. 6) Utilization of an aerosol puncturing device used to avoid releasing aerosols into the air. 7) Use of energy efficient lighting in our factories and offices. 43 identify any third -party issued eco- Alamo Group facilities strive to improve our environmental impact on the Earth. We are labels, ratings or certifications that committed to: your company has received for 1) Immediately responding to and controlling all spills and releases. the equipment or products 2) Complying with all federal, state, providence, and local environmental permits and included in your Proposal related regulations as they pertain to each facility. 3) Training our employees on our environmental to energy efficiency or programs. conservation, 'life -cycle design 4) Empowering our employees to improve their work areas and facilities. (cradle -to -cradle), or other 5) Reducing our usage of natural resources, such as, natural gas, coal, water, etc., where green/sustainability factors. possible. 6) Reducing the waste and/or the toxicity of the waste that we generate. 7) Recycling all the waste that we can. (Refer to the attached Environmental Policy and Program) 44 Describe any Women or Minority Alamo Group is publicly traded and therefore must adhere to strict guidelines in remaining Business Entity (WMBE), Small fair and equitable in all of our business practices. Business Entity (SBE), or veteran owned business certifications that your company or hub partners have obtained. Upload documentation of certification (as applicable) in the document upload section of your response. Alamo Group does not own any company holding one of these certifications. However, we know some of our suppliers and dealers fall into one or more of these categories. The extent of their status can be provided to the member upon their request prior to a purchase order being issued. Bid Number: RFP 062222 Vendor Name: Alamo Group (USA) Inc. Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 45 What unique attributes does your Alamo Group knows our greatest strength are our people with a focus on designing and company, your products, or your manufacturing high quality products and world class customer service. We are always services offer to Sourcewell looking for "a better way' to build better products, provide better service, and increase our participating entities? What makes value as experts in the industry for the members.' We are committed to maintaining the your proposed solutions unique in highest ethical standards and to conducting business in 'a manner consistent with our legal your industry as it applies to and moral obligations to our customers, suppliers,employees,' shareholders and the public. Sourcewell participating entities? To meet this commitment and to preserve the trust placed in us, we count on our network of suppliers across the globe to uphold our high standards of integrity, values, and operating principles. (Refer to the attached Supplier Code of Conduct) Alamo Group is committed to providing safe working conditions for all of our employees. Our employee's safety and health significantly contribute to the productivity and continued success of our companies. Everyone's personal performance includes the responsibility for the safety of their coworkers as well as themselves. (Refer to the attached Safety Guidelines and Safety Code of Conduct) All Alamo Group companies promote an environment that empowers employees to communicate issues, conduct their work in a safe manner, and protect the health and safety of their co-workers. 1) Communicate the importance of Safety to all employees 2) Ensure Safety leadership is present and 'active on the shop floor 3) Engage and communicate with our employees to develop productive, safe and efficient work procedures and conditions 4) Establish an environment of trust at all levels 'based on actively caring for everyone 5) Focus our communication and leadership to emphasize the value of safety to the company and to the welfare of the individual employee 6) Strengthen procedures to emphasize safety as a core value rather than a task or a priority 7) Promote safe and efficient work behaviors to improve production, quality and value We can say our Snow and Ice Group brings almost 100 years of ever -changing technology, product; requirements, and handed down experience in this category to Alamo Group and the Sourcewell members, A few examples come to mind of our uniqueness over the years. 1) When we started offering complete turn -key snow and ice vocational trucks fully equipped, put the key in and go. 2) Our pendant -mount brooms which provide unsurpassed performance and consistent broom pattern' during operation. 3) We have our Ulti-Mate "hands4ree plow hitches. 4) Touch screen displays ;making for a safer user-friendly interface for operator controls. 5) Stowable turret design on our cold air blower allowing unobstructed and safer transport. 6) The highest torque broom heads in the industry. We believe we have the best cradle to grave offering for the members. With Alamo Group's 5 major snow and ice brands' we are confident the members can find the solutions they need. We pride ourselves on listening to the member and providing expert guidance to a solution which exceeds members expectations. Our total solution to the members' includes our best -in -class dealer < network and combined we can support the members parts needs, service and technical needs, refurbishments, upgrades, and operator and maintenance training to help extend the life expectancy of their equipment. Our commitment to maintaining dealer networks means we can provide service to the members "back yard" which allows the members to visit the dealers for parts and service without hours of travel to regional retail facilities that our competitors offer. Bid Number: RFP 062222 Vendor Name: Alamo Group (USA) Inc. Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 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 46 Do your warranties cover all products, parts, and All products carry a minimum one-year warranty on parts and labor. labor? Extended warranties may be purchased. (Refer to attached warranty statements for complete coverage information) 47 Do your warranties impose usage restrictions or Yes, we do detail out in our brand warranty coverages areas which are not other limitations that adversely affect coverage? covered. Areas not covered: a) An item which is altered or repaired by an authorized source. b) If any part of the equipment has been subjected to misapplication, improper or abnormal use, negligence, alteration, modification, or accident. c) Damage due to lack of maintenance or use of wrong fuel, oil, or lubricants. d) Normal wear items such as cutting edges, wear guards, scarified teeth, tires, full rubber wheels, tracks, sprockets, wiper blades, batteries. e) Any other wear items including but not limited to paint finish, ' corrosion/contamination, o-rings, seals, hoses, belts, spark plugs, 'chains, cables, bulbs, fuses, glass products, filters, fasteners, bushings, bearings, plow shoes, plow cutting edges, blade markers/pins/clips, pneumatic suspension components, hydraulic cylinders, fan shovels, bristles. f) Paint warranty is not valid for any equipment or product delivered with a primer coat only. g) Polycarbonate moldboard for puncture, hazing, abrasion, fading, scratching or chemical damage. h) Hydraulic components that have been contaminated due to dirt or foreign materials. i) Components operated beyond their capacity. j) Improperly installed equipment. k) Damage caused by, the addition of nonstandard attachments, failure to retighten fasteners, and/or use of aftermarket parts not authorized by the brand. 1) Problems or damage due to contact corrosion due' to failure to apply dielectric grease. m) Damage due to abrasion of wiring harnesses or hydraulic hoses. n) Repair 'where normal use has exhausted the service life of a part or the product. 48 Do your warranties cover the expense of Our brands Everest, Henke, and Wausau do not cover the expense of technicians' travel time and mileage to perform technicians travel time and mileage, warranty repairs? Tenco Inc. and RPM Tech will cover the expenses. 49 Are there any; geographic regions of the United We will provide the proper warranty work support throughout all of the US States or Canada (as applicable) for which you and Canada. We do not expect to have any gaps in support but if one cannot provide a certified technician to perform does happen, we would work with the member and pay the current labor warranty repairs? How will Sourcewell rate for them to make the repair with our factory assistance. If the member participating entities in these regions be provided cannot make the repair the factory will provide the on -site support required service for warranty repair? to make the repair. 50 Will you cover warranty service for items made by This is reviewed on a case -by -case basis as some suppliers require other manufacturers that are part of your proposal, warranty to be performed by their technician. We will be a one -stop shop or are these warranties issues typically passed on for the member, when possible, otherwise we will refer the member to the to the original equipment manufacturer? OEM and offer assistance to get to a timely solution. wwwofflow 51 What are your proposed exchange and return Typically, we do not offer exchanges or returns due to most of our programs and policies? equipment is built specifically to the requirements of the member. We want the members to be completely satisfied with their order at the time of delivery. We will address any concerns and offer fair and reasonable negotiations for a solution which benefits all parties. 52 Describe any service contract options for the All of our brands offer extended warranty coverages and most of our local items included in your proposal, dealers will offer service contracts to fit a members need. Wausau Equipment Company offers inspection, annual service, and preventative maintenance contracts. Bid Number: RFP 062222 Vendor Name: Alamo Group (USA) Inc. Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 Table 10: Payment Terms and Financing Options 53 Describe your payment terms and accepted payment All items offered through an award will be Net 30 days unless methods. negotiated prior to a purchase order being submitted to the local dealer or with the factory. A Certificate of Origin (CO) or Manufacturer Statement of Origin (MSO) will be provided to the member upon receipt of full payment when applicable. 54 Describe any leasing or financing options available for use Alamo 'Group and our dealers provide leasing and financing options` by educational or governmental entities, through third -party providers when requested. We want to help the member get the best rates, so we always recommend checking with their local financial offices and Sourcewell awarded vendor NCL to insure they are aware of their options and full advantages of all available resources:' 55 Describe any standard transaction documents that you Our standard transaction documents will be quotation forms, sales propose to use in connection with an awarded contract order confirmations and invoices. These documents will differ (order forms, terms and conditions, service level slightly between brands and dealers. agreements, etc.). Upload a sample of each (as applicable) in the document upload section of your Everest requires the completion of the Truck Chassis Data Form. response. (Refer to attached sample documents) 56 Do you accept the P-card procurement and , payment We do not accept P-cards for 'factory direct order payments on process? If so, is there any additional cost to Sourcewell equipment. Some of our dealers may accept P-cards as payment participating entities for using this process? when the purchase order has been placed with them directly. The member will need to confirm if the dealer accepts; this form of payment at the initial conversation. We do accept P-cards for part orders, placed directly with the factory in most cases. Most of our dealers will accept P-cards to purchase parts. We recommend the member confirm the acceptance of using the card at the initial conversation. 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. Bid Number: RFP 062222 Vendor Name: Alamo Group (USA) Inc. Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 59 1programs Describe any quantity or volume discounts or rebate I We reserve the right to negotiate additional quantity and volume that you offer. discounts at the time of the overall sale of the various brands. Henke Manufacturing Corporation will offer an additional 39/o discount on a single purchase order and single delivery location for 10 or more units. RPM Tech will offer an additional 210 discount for 5-10 units and an additional 3% discount for 11+ units. Tenco inc. will offer an additional 3% discount on a single purchase order and single delivery location for 10 or more units. 60 Propose a method of facilitating "sourced" products or Sourced, open market, or nonstandard options that are not listed in related services, which may be referred to as "open our price books will be quoted at the time of the request. Pricing market" items or "nonstandard options". For example, you will be calculated as either a percentage off of a list price or cost may supply such items "at cost" or "at cost plus a plus a markup. Pricing will be discussed and agreed to by the percentage," or you may supply a quote for each such member prior to placement of an order. Backup documentation will request, be provided to the member upon their request. The sourced, ,open market, or nonstandard options will be quoted as separate line items and noted as such. These line items will be excluded from our Sourcewell fee calculation. 61 Identify any element of the total cost of acquisition that is Our pricing model typically does not include the following. Full NOT included in the pricing submitted with your response. disclosure of the added charges will be provided during our quoting This includes all additional charges associated with a process, and each will be listed separately on the quote. purchase that are not directly identified as freight or 1) Federal excise tax is collected on any truck mounted unit above shipping charges. For example, list costs for items like pre- 33,000 GVW unless the member provides an exemption certificate. delivery inspection, installation, set up, mandatory training, 2) Federally mandated items put into effect after this proposal will or initial inspection. Identify any parties that impose such be passed along to the member. It will be noted and discussed costs and their relationship to the Proposer. with the member prior to receipt of a purchase order. 3) The application of an exchange rate may apply when selling in North America. 4) Custom duties may apply when selling in North America. 5) Installation will be added when the member requests we install our unit to their truck, loader, grader, etc. 6) Specifically requested or mandatory training outside of the standard training. 7) Freight will be pre -paid and added to the member's order. 8) Pre -delivery inspections by our local dealers will be a cost which applies to their inspection, test and in- service work conducted prior to a delivery taking place. 62 If freight,: delivery, or shipping is an additional cost o the Alamo Group .:has tremendous leveraging power as manufacturers � Sourcewell participating entity, describe' in detail the with inbound and outbound freight costs and we will pass all complete freight, shipping, and delivery program, savings onto the members. Freight, delivery, or shipping are prepaid and added on the members order as a pass -through cost. We have contracted with ground shipment and specific truck and long hall carriers and use the North America's leading provider of live carrier and API connectivity for transportation management which provides us with real-time pickup through delivery intel and instant access to opportunities that drive lower rates. The memben will receive our cost. Only minimal handling' fees may be added when special packaging is needed. The local dealer may add and charge a fee to the member to transport the equipment from their location to the members site when applicable. Those fees would be negotiated between the dealer and the member. The member has the option of picking' up or hiring a third -party to Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any offshore delivery. The information supplied in #62 is applicable to Alaska, Hawaii, Canada, or any offshore delivery. Additionally, we have experience shipping to these areas, and we can negotiate the delivery with carriers and pass the shipping rates, brokerage fees, duties, taxes, etc along to the member. We can also provide the documentation to the member if they chose to make the delivery arrangements. Bid Number: RFP 062222 Vendor Name: Alamo Group (USA) Inc. Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 64 Describe any unique distribution and/or delivery methods or options offered in your proposal , Table 12: Pricing Offered For this proposal we do not have any unique characteristics at this tin so e. However, if a members requirement presents a need to offer mething different,we will work with the member to accommodate and offer a solution which works best for both parties. in The Pricing Offered in this Proposal ism*' Comments Item 65 c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. Table 13: Audit and Administrative Fee Question Response* Item Im tem 66 Specifically describe any self -audit process or program that you If awarded, we will begin by each major brand providing plan to employ to verify compliance with your proposed Contract their list of sales for the quarter and they will each be with Sourcewell. This process includes ensuring that Sourcewell responsible for the fee payment on those sales. Our intent participating entities obtain the proper pricing, that the Vendor in the future is to provide one combined report and one reports all sales under the Contract each quarter, and that the payment. Vendor remits the proper administrative fee to Sourcewell. Provide sufficient detail to support your ability to report quarterly sales to All quotes are reviewed by the respective factory Sourcewell as described in the Contract template. representative, even when our dealers are taking the lead with the member. This allows us to know each time the contract is being used as the source for pricing and terms and conditions. Our dealers, distributors, and factory representatives will adhere to the following as our self -audit process. a) The membership number is included on all documents. b) The contract number is included on all documents. c) The members purchase order is turned in by the dealer when it is made out to the dealer. d) The dealer turns in their invoice to the member to receive their commission payment. e) The Sourcewell pricing will be clearly noted on separate Sourcewell contract price books or pages. f) Required training of the proposal and the Sourcewell General Terms and Conditions will be provided to our factory and dealer teams to ensure compliance. g) Our purchase orders received are again thoroughly reviewed in our Sales Order Review meetings. h) Order entry will input the member and contract numbers into the order system for reporting purposes. i) Commissions are forfeited by our factory representative and the dealer if they do not follow our Sourcewell process. Duly note RPM Tech is certified IS09001:2015, via Tenco Inc, which is controlled by a yearly audit from the ISO bureau and internal personnel to verify our compliance with all administration and accounting duties. The RPM ISO system is now integrated with Tenco Ines system. 67 If you are awarded a contract, provide a few examples of internal We track our sales through Salesforce. We will continue to metrics that will be tracked to measure 'whether you are having ` track the number of quotes to actual sales under the contract success with the contract. along with year over year revenue totals through the contract. 68 Identify a proposed administrative fee that you will pay to Our goal is to remain as competitive with our pricing as we Sourcewell for facilitating, managing, and promoting the Sourcewell possibly can. We do not pass this administration fee onto Contract in the event that you are awarded a Contract. This fee the members. is typically calculated as a percentage of Vendor's sales under the Contract or as a per -unit fee; it is not a line -item addition to the We propose a fee of 1 % excluding the pricing of prime Member's cost of goods. (See the RFP and template Contract for mover (e.g., the chassis), freight, installation, and open - additional details.) sourced items. Table 14A: Depth and Breadth of Offered Equipment Products and Services Bid Number: RFP 062222 Vendor Name: Alamo Group (USA) Inc. Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 Provide a detailed description of the equipment, products, and services that you are offering in your proposal. Alamo Group is offering Sourcewell members a wide variety of models of plows, hitches, ramp gates, scrapers, spreaders, blades, wings and wing systems, baskets, brooms, blowers, deicers, tunnel cleaners, truck bodies, dump bodies and combination dump bodies, and severe duty trucks, loader -mounted snow blowers, sidewalk clearing vehicles, and cold air blowers by our multiple brands in the snow and ice removal category of equipment. We are also offering replacement and service parts. Equipment for Class 5-6 Trucks 1) Hydraulically reversible and manually reversible plows a) Straight plows: 8ft, 9ft, and 10ft plows b) Funnel plows (aka "One Way" plows): 9ft and 9.5ft plows 2) Hitches a) Standard truck hitches with hydraulic lift cylinder and generic truck attachments 3) Wings a) 10ft, 11ft, 12ft, and 13ft steel and poly wing plows b) Standard front and rear mount wing systems with hydraulic lift cylinders 4) Electric/Hydraulic pumps a) Electrically powered hydraulic pumps for plow and hitch operation 5) Bodies Dump Bodies a) Available in carbon steel, AR -steel, or 304 stainless steel b) Available in multiple lengths from 9ft to 10ft c) Available with underbody hoist or telescopic hoist Spreader/Combination Bodies a) Side Discharge Spreader Bodies (Front Side Discharge) 1) Available in carbon steel, AR -steel, or 304 stainless 2) Available in multiple lengths from 8.5ft to 10ft 3) Available with underbody hoist or telescopic hoist b) Center Discharge Spreader Bodies (Rear Discharge) 1) Available in carbon steel, AR -steel, or 304 stainless 2) Available in multiple lengths from 9ft to 11ft Equipment for Class 7-8 Trucks 1) Hydraulically reversible and manually reversible plows a) Straight plows: 10ft, 11ft, 12ft, 14ft b) Funnel plows (aka "One Way" plows): 10ft, 11ft, 12ft c) Expressway plows: 10ft, 11ft, 12ft AN Folding V-Plows: 11ft, 12ft, 14ft (hydraulic 2) Underbody Scrapers a) Hydraulic reversing 10ft, 11ft, 12ft b) Power swivel (oscillating) c) Fixed Angle 3) Airport plows a) Reversible: 16ft, 18ft, 20ft, 22ft, 24ft b) Ramp Buckets: 16ft, 18ft, 20ft, 22ft, 24ft, c) Rollover Plows 4) Wings a) 8ft, 9ft, 10ft, 11 ft, 12ft, 21 ft wings b) Patrol wings c) Postless patrol wings reverse only) 30ft steel steel d) High -benching wings (cable lift and all hydraulic) e) Wide Wing System (21ft wing, only available as part of turn -key truck package) 5) V-Box Spreaders a) 10ft, 11ft, 12ft, 13ft, 14ft, 15ft b) A36 steel and stainless steel c) Cartridge style (stainless only) and non -cartridge options d) Pintle chain, single auger, dual -auger options 6) Tyler Ice - Deicer Trucks a) All Truck mounted deicer units with tank sizes from 500=5000. The most common are the 4000 and 5000 gallon sizes that go on standard tandem axle chassis. Booms are either 50ft, b) RD: Truck mounted deicer units common are 1000-2000 gallon. c) HD: Truck mounted deicer units common 75ft, or 100ft in length. with tank sizes from 500-5000. The most with tank sizes from 500-5000. The most are 1000-2000 gallon. Designed for highways. 7) Cold Air Blowers a) AF1: Truck mounted or skid -mounted 21,000 CFM cold -air blower g) Epoke Spreaders a) Igloo b) Sirius AST c) Sirius AST Combi d) Virtus Bid Number: RFP 062222 Vendor Name: Alamo Group (USA) Inc. Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 e) EpoMini 5 and 20 f) TK and TMK series 9) Bodies Dump Bodies a) Crossmember Dump Bodies (KBS and KBT) 1) Available in carbon steel, AR -steel, and 304 stainless steel steel steel steel steel steel c) 3.O1n and 4.O1n lift cylinders, both single -acting and double-acting 12) Electric/Hydraulic pumps a) Electrically powered hydraulic pumps for plow and hitch operation Equipment for Graders 1) Hydraulically reversible and manually reversible plows a) Straight plows 1) Truck plow for graders: 10ft, 11ft, 12ft, 14ft 2) Grader plow: REL 10ft, 12ft, 14ft, 16ft, 18ft, 20ft b) Funnel plows (aka "One Way" plows: Truck plow for graders): 10ft, 11ft, 12ft c) Expressway plows (Truck plow for graders): 10ft, 11ft, 12ft d) Folding V-Plows 1) FVX (Truck folding V-plow) for Graders: 11ft, 12ft, 14ft 2) Grader FV: 12ft, 14ft, 16ft, 18ft, 20ft (hydraulic reverse only) e) Airport plows 1) Reversible: 16ft, 18ft, 20ft, 22ft, 24ft 2) Ramp Buckets: 16ft, 18ft, 20ft, 22ft, 24ft, 30ft 2) Dozer Blades a) Hydraulically reversible 1) SDDB 10ft, 12ft, 14ft, 16ft 2) Henke Helper b) Fixed Position 1) Dozer blades: 8ft, 9ft, 10ft, 3) 12ft 18ft a) Parallel Lift Group (Balderson style) b) Scarifier style lift group c) AQC style lift group 6) Hi-Gate/Snow Gate a) Driver's side and curb side models available Equipment for Loaders 1) Hydraulically reversible and manually reversible plows a) Straight plows 1) Truck plow for loaders: 10ft, 11ft, 12ft, 14ft 2) Loader plow: REL 10ft, 12ft, 14ft, 16ft, 18ft, 20ft b) Funnel plows (Truck plow for loaders): 10ft, 11ft, 12ft c) Expressway plows (Truck plow for loaders): 10ft, 11ft, 12ft d) Folding V-Plows 1) FVX (Truck folding V-plow) for Loaders: 11ft, 12ft, 14ft 2) Loader FV: 12ft, 14ft, 16ft, 18ft, 20ft (hydraulic reverse only) e) Airport Plows Bid Number: RFP 062222 Vendor Name: Alamo Group (USA) Inc. Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 70 Within this RFP subcategories of titles that best d services. 1) Reversible: 16ft, 18ft, 20ft3 22ft, 24ft 2) Ramp Buckets: 16ft, 18ft, 20ft, 22ft, 24ft, 30ft 2) Dozer Blades a) Hydraulically reversible 1) SDDB 10ft, 12ft, 14ft, 16ft 2) Henke Helper b) Fixed Position 1) Dozer Blades: 8ft, 9ft, 10ft, 12ft 3) Plow+Wing Combos a) 10ft, 12ft wings b) Truck plow for loaders + Postless wing c) REL for loaders + Postless wing d) FVX for loader + Postless wing e) FV for loader + Postless wing 4) V-Plows a) 10ft Fixed V-Plows b) Folding V-Plows: 12ft, 14ft, 16ft, 18ft2 20ft 5) Snow Baskets a) 4, 5, 6, 8, 10, and 16 cubic yard snow baskets 6) Hi-Gate/Snow Gate a) Driver's side and curb side models available 7) Snow Blowers Loader Mounted Blowers a) Mechanical Drive (RPM) 1) 11300 TPH to 5,400 TPH b) Hydro -Mechanical Drive (SnoGo) 1) WK (1000-1200 TPH) 2) MP (1800-2000 TPH) 8) Talon (material handling bucket) a) 2 and 4 cubmic yard capacities Complete Truck Packages 1) Single Axle a) Chassis b) Dump body c) Hydraulic system d) Hitch, plow, wing, spreader, scraper, cold air blower, etc. 2) Tandem Axle a) Chassis b) Dump body c) Hydraulic system d) Hitch, plow, wing, spreader, scraper, cold air blower, etc 3) Tri-Axle (Wide Wing System) a) Chassis b) Dump body c) Hydraulic system d) Hitch, plow, spreader e) Wide wing system (21ft wing: 16.3ft clearing path) f) 27ft clearing path with plow and wing Miscellaneous 1) Cameleon a) Tracked sidewalk tractor egory there may be Sn lotions. List subcategory a) ribe your; products and b) c) d) e)' 0 g) h) to attached literature for product representation) end Ice Removal Equipment for �s 5-6 Trucks Trucks , iers hers �plete Truck Packages <ed Sidewalk Tractors r-market Parts rator, Repair, Maintenance Training Courses Bid Number: RFP 062222 Vendor Name: Alamo Group (USA) Inc. Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 Table 14B: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary. Line Item Category or Type Offered ` Comments 71 Plows, blades, wings, blowers, and brooms r Yes We are offering side -walk tractors in r No this category as well. 72 Spreader or sprayer systems for the application r: Yes N/A of de-icing or anti -icing solids or liquids and snow r No melters 73 Dump bodies, specialty equipment, and air or r Yes N/A hydraulic systems, related to the upfitting or r No modification primarily for snow and ice handling; and, 74 A complementary offering of parts, supplies, and r Yes N/A accessories, related to the upkeep, repair, or r No maintenance of their offering of equipment as described in 71-73 above Table 15: Exceptions to Terms, Conditions, or Specifications Form Line Item 75. N©TICS: 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 We are not requesting any exceptions or proposed modifications. 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 document(s) cannot be opened and viewed by Sourcewell. 4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." . Pricing - Pricing.zip -Monday June 20, 2022 11:08:53 • Financial Strength and Stability -Financial Strength &Stability Attachments.zip -Sunday June 19, 2022 13:15:27 • Marketing Plan/Samples -Marketing Plan Attachments.zip -Sunday June 19, 2022 13:16:04 • WMBE/MBE/SBE or Related Certificates (optional) • Warranty Information - Warranty Information Attachments.zip - Sunday June 19, 2022 13:15:51 • Standard Transaction Document Samples - Standard Documents Attachments.zip - Sunday June 19, 2022 13:16:20 • Upload Additional Document - Additional Documents.zip - Sunday June 19, 2022 13:42:59 Bid Number: RFP 062222 Vendor Name: Alamo Group (USA) Inc. Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 Addenda, Terms and Conditions PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative of the Proposer submng the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. 3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired. 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. 6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conons, 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.treasurygov/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 Bid Number: RFP 062222 Vendor Name: Alamo Group (USA) Inc. Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 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. fr.' By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Robert Madison, Director of Product Management & Marketing, Alamo Group (USA) Inc The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. � Yes r' No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. File Name Addendum_3_Snow_Ice_Handling_Equipment_RFP_062222 Thu May 26 2022 01:38 PM Addendum_2_Snow_Ice Handling_Equipment_RFP_062222 Fri May 20 2022 02:03 PM Addendum_1_Snow_Ice Handling_Equipment_RFP_062222 Tue May 3 2022 03:55 PM I have reviewed the below addendum and pages attachments (if applicable) Bid Number: RFP 062222 Vendor Name: Alamo Group (USA) Inc. Docusign Envelope ID: 54D5F2CF-78F8-48BC-AAB6-840E5DB31 F41 VU 1�6�1 LMV19 h'1 H HAL TEIIS AMENDMENT is effective upon the date of the last signature below by and between S®urcewell and Alamo Grorap (USA) Inc (Supplier). Sourcewell awarded a contract to the Supplier to provide Snow and Ice Handling Equipment, Supplies, and Accessories, effective August 16, 2022, through August 15, 2026 (Contract). Due to the restructuring of its companies and brands, Henl<e Manufacturing LLC is being dissolved, with products and manufacturing moving to Wausau Equipment Company LLC. Tenco Industries will handle US installation and truck fit -up and will be a remit -to for the state of New York, Table 1, Questions 2 and 4 of the Proposal, are deleted in their entirety and replaced with: Line 2 The Snow Group within the Industrial Equipment Division included in this proposal are$ Everest Equipment Co. —Tax ID #123010837RC0002 Tenco Inc. —Tax ID #851851105 Tenco Industries —Tax ID #45-3446491 Wausau Equipment Company LLC — Tax ID #39-1308715 Line 4 The CAGE codes are as follows: Alamo Group (USA) Inc — 439J0 Everest Equipment Co. — N/A Tenco Inc. — 7YHT3 Tenco Industries — N/A Wausau Equipment Company LLC — 62934 Except as amended above, the Contract remains in full force and effect. Sourcewell DocuSigned by: COFD2A139D06489... Jeremy Schwartz, Director of Operations/CPO Date: 10/30/2023 16040 PM CDT Approved: %�D�o�cuSigned b^y':I, �y BV• 48BAF71 B0894454... Chad Coquette, Executive Director/CEO Date: 10/30/2023 � 7:04 PM CDT Alamo Group (USA) Inc DocuSigned by: BV• �b�t,V� �1.a.�,tSbV�, FF01 D3265BCD495.1. Robert Madison Title: Director of Marketing Date: 10/30/2023 15007 PM CDT Sourcewell Contract # 062222-AGI � Amendment #1