HomeMy WebLinkAbout20250723.tiffResolution
Approve 4Rivers Equipment, LLC, Sales Quote for Purchase of Equipment
Pursuant to Cooperative Purchasing Contract Terms and Conditions Between
Sourcewell and Wirtgen America, Inc., and Authorize Controller to Sign Any
Necessary Documents
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, on the 10th day of August, 2022, Sourcewell awarded Wirtgen America, Inc.,
a Cooperative Purchasing Contract, identified as #060122, and
Whereas, the Weld County Department of Fleet Services desires to purchase equipment
on behalf of the Department of Public Works, procured through the Sourcewell
Cooperative Purchasing Contract Terms and Conditions, and
Whereas, the Board has been presented with a Sales Quote from 4 Rivers Equipment,
LLC, for the purchase of equipment pursuant to said Sourcewell Cooperative Purchasing
Contract, and
Whereas, Weld County Code Section 5-4-100, Cooperative Purchasing, allows the Weld
County Board of Commissioners to accept purchases through State Bid Pricing
Agreements, and
Whereas, Weld County Code Section 5-4-80, Expenditures Not Requiring a Procurement
Process, exempts items purchased through current State, Federal, GSA, or other
Cooperative Contracts, and
Whereas, the Weld County Purchasing Manager deemed Contract #060122 to be in the
best interest of Weld County, said desired vehicle as further identified below:
Department of Public Works, Pavement Management Division: One (1)
2025 Wirtgen WR240i Soil Stabilizer for $753,972.37
Whereas, after review, the Board deems it advisable to approve said quote, a copy of
which is attached hereto and incorporated herein by reference.
cc : FT(os/FA), PuR.,17,.r (CHitmit./Si3)
03/21/25
2025-0723
EG0083
FT0004
4Rivers Equipment, LLC, Sales Quote for Purchase of Equipment Pursuant to
Cooperative Purchasing Contract Terms and Conditions Between Sourcewell and
Wirtgen America, Inc.
Page 2
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the Sales Quote from 4Rivers Equipment, LLC, for the Purchase of
Equipment pursuant to the Cooperative Purchasing Contract #060122 Terms and
Conditions between Sourcewell and Wirtgen America, Inc., for $753,972.37, be, and
hereby is, approved.
Be it further resolved by the Board that Rusty Williams, Weld County Controller, be, and
hereby is, authorized to sign any necessary documents.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 17th day of March, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-0723
EG0083
FT0004
Weld County Fleet Services
1399 17th Ave
Greeley, CO 80631-9596
Phone 970-400-3500
www.weldgov.com
February 28, 2025
To: Purchasing Department
From: David Springer
Subject: Cooperative Purchase- Qty 1(one) 2025 Wirtgen WR240i Soil Stabilizer
The Weld County Fleet Services Department is desiring to purchase one (1) new 2025 Wirtgen WR240i Soil
Stabilizer for Public Works- Pavement Management Division.
Weld County Code Section 5-4-100 titled Cooperative Purchasing allows the Board of County
Commissioners to accept any of the state bids without rebidding the same goods/services at the discretion
of the Board of County Commissioners or the Department of Purchasing.
Further, Weld County Code Section 5-4-80 titled Expenditures Not Requiring a Procurement Process. Item
26 in this section identifies "items purchased from current state, federal, GSA or other cooperative
contracts" are exempt and may be purchased directly from those sources.
Fleet Services recommends purchasing the new 2025 Wirtgen WR240i Soil Stabilizer as detailed in the
attached quote utilizing Sourcewell Contract # 060122 for $753,972.37 total.
Sincerely,
David Springer
Director
3/n
2025-0723
JOHN DEERE
Quote Id: 32324335
'RIVERS
��`
EQUI PMEN T
Prepared For:
WELD COUNTY PURCHASING DEPARTMENT
Prepared By: BOLLMEIER BRET
4 Rivers Equipment
125 John Deere Drive
Fort Collins, CO 80524
Tel: 970-482-7154
Fax: 970-484-1156
Email: bbollmeier@4riversequipment.com
Date: 11 February 2025 Offer Expires: 30 April 2025
Confidential
re JOHN DEERE
!RIVERS
EQUIPMENT
Quote Summary
Prepared For:
WELD COUNTY PURCHASING DEPARTMENT
915 10TH ST
GREELEY, CO 80631
Business: 970-356-4000
Prepared By:
BOLLMEIER BRET
4 Rivers Equipment
125 John Deere Drive
Fort Collins, CO 80524
Phone: 970-482-7154
bbollmeier@4riversequipment.com
Price includes standard 18% Sourcewell discount (Contract #
060122) along with an additional 4% Wirtgen & Dealer discount.
There is currently one WR240 with these specs available at port in
GA and is subject to availability.
Quote Id.
Created On:
Last Modified On:
Expiration Date:
32324335
11 February 2025
04 March 2025
30 April 2025
Equipment Summary
2025 WIRTGEN WR240i - TBD
Equipment Total
Suggested List Selling Price Qty
$ 958, 730.00 $ 753, 972.37 X 1 =
Extended
$ 753,972.37
$ 753,972.37
Quote Summary
Equipment Total
CO Retail Delivery Fee
SubTotal
Est. Service Agreement Tax
Total
Down Payment
Rental Applied
Balance Due
$ 753, 972.37
$ 0.29
$ 753,972.66
$ 0.00
$ 753, 972.66
(0.00)
(0.00)
$ 753,972.66
Salesperson : X
Accepted By : X
Confidential
0 JOHN DEERE
Selling Equipment
Quote Id: 32324335 Customer: WELD COUNTY PURCHASING DEPARTMENT
4RIVERS
EQUIPMEN T
2025 WIRTGEN WR240i - TBD
Equipment Notes: Price includes standard 18% Sourcewell
discount (Contract # 060122) along with an
additional 4% Wirtgen & Dealer discount. There
is currently one WR240 with these specs
available at port in GA and is subject to
availability.
Hours: 5
Stock Number:
Description Qty
2025 Wirtgen WR240i Soil Stabilizer 1
Suggested List
$ 958, 730.00
Selling Price
$ 753, 972.37
Unit Extended
$ 942, 580.00 $ 942, 580.00
Value Added Services Total
Other Charges
$ 0.00
Freight
Setup
Other Charges Total
1
1
$ 8,500.00
$ 3,500.00
$ 8,500.00
$ 3,500.00
$ 16,150.00
Suggested Price
$ 958,730.00
Customer Discounts
Customer Discounts Total
$ -204,757.63
$ -204,757.63
Total Selling Price
$ 753,972.37
Confidential
Liuuuolyi 1 CI nit:lu e IU. UJp I J I Vlr-VCL/'1-4-Ol-,t1-0UVV-Vf JCOCCLrkltDr
060122-W'AI
Sourcewell 014#
Solicitation Number: RFP #060122
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and Wirtgen America, Incorporated, 6030 Dana Way, Antioch, TN 37013
(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 Roadway Paving Equipment 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 1, 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.
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060122-WAI
Supplier's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated
into this Contract
All Equipment and Products provided under this Contract must be new and the current model
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated
in Supplier's product and pricing list Unless agreed to by the Participating Entities in advance,
Equipment or Products must be delivered as operational to the Participating Entity's site
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated,
sales and sales volume are not guaranteed
B WARRANTY Supplier warrants that all Equipment, Products, and Services furnished are free
from liens and encumbrances, and are free from defects in design, materials, and workmanship
, In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will
perform in accordance with the ordinary use for which they are intended Supplier's dealers
and distributors must agree to assist the Participating Entity in reaching a resolution in any
dispute over warranty terms with the manufacturer Any manufacturer's warranty that extends
beyond the expiration of the Supplier's warranty will be passed on to the Participating Entity
C DEALERS, DISTRIBUTORS, AND/OR RESELLERS Upon Contract execution and throughout
the Contract term, Supplier must provide to Sourcewell a current means to validate or
authenticate Supplier's authorized dealers, distributors, or resellers relative to the Equipment,
Products, and Services offered under this Contract, which will be incorporated into this
Contract by reference It is the Supplier's responsibility to ensure Sourcewell receives the most
current information
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price
stated in Supplier's Proposal
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a
Participating Entity's total cost of acquisition This means that the quoted cost is for delivered
Equipment, Products, and Services that are operational for their intended purpose, and
includes all costs to the Participating Entity's requested delivery location
Regardless of the payment method chosen by the Participating Entity, the total cost associated
with any purchase option of the Equipment, Products, or Services must always be disclosed in
the pricing quote to the applicable Participating Entity at the time of purchase
A SHIPPING AND SHIPPING COSTS All delivered Equipment and Products must be properly
packaged Damaged Equipment and Products may be rejected If the damage is not readily
apparent at the time of delivery, Supplier must permit the Equipment and Products to be
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returned within a reasonable time at no cost to Sourcewell or its Participating Entities
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable
time after delivery where circumstances or conditions prevent effective inspection of the
Equipment and Products at the time of delivery In the event of the delivery of nonconforming
Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and
the Supplier will replace nonconforming Equipment and Products with conforming Equipment
and Products that are acceptable to the Participating Entity
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive
in a defective or inoperable condition
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally
delivers substandard or inferior Equipment or Products
B SALES TAX Each Participating Entity is responsible for supplying the Supplier with valid tax -
exemption certification(s) When ordering, a Participating Entity must indicate if it is a tax-
exempt entity
C HOT LIST PRICING At any time during this Contract, Supplier may offer a specific selection
of Equipment, Products, or Services at discounts greater than those listed in the Contract
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to
Sourcewell in a line -item format Equipment, Products, or Services may be added or removed
from the Hot List at any time through a Sourcewell Price and Product Change Form as defined
in Article 4 below
Hot List program and pricing may also be used to discount and liquidate close-out and
discontinued Equipment and Products as long as those close-out and discontinued items are
clearly identified as such Current ordering process and administrative fees apply Hot List
Pricing must be published and made available to all Participating Entities
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any
time All requests must be made in writing by submitting a signed Sourcewell Price and Product
Change Request Form to the assigned Sourcewell Supplier Development Administrator This
approved form is available from the assigned Sourcewell Supplier Development Administrator
At a minimum, the request must
• Identify the applicable Sourcewell contract number,
• Clearly specify the requested change,
• Provide sufficient detail to justify the requested change,
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060122-WAI
• Individually list all Equipment, Products, or Services affected by the requested change,
along with the requested change (e g , addition, deletion, price change), and
• Include a complete restatement of pricing documentation in Microsoft Excel with the
effective date of the modified pricing, or product addition or deletion The new pricing
restatement must include all Equipment, Products, and Services offered, even for those
items where pricing remains unchanged
A fully executed Sourcewell Price and Product Request Form will become an amendment
to this Contract and will be incorporated by reference
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A PARTICIPATION Sourcewell's cooperative contracts are available and open to public and
nonprofit entities across the United States and Canada, such as federal, state/province,
municipal, K-12 and higher education, tribal government, and other public entities
The benefits of this Contract should be available to all Participating Entities that can legally
access the Equipment, Products, or Services under this Contract A Participating Entity's
authority to access this Contract is determined through its cooperative purchasing, interlocal,
or joint powers laws Any entity accessing benefits of this Contract will be considered a Service
Member of Sourcewell during such time of access Supplier understands that a Participating
Entity's use of this Contract is at the Participating Entity's sole convenience and Participating
Entities reserve the right to obtain like Equipment, Products, or Services from any other source
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use
eligibility requirements and documentation and will encourage potential participating entities
to join Sourcewell Sourcewell reserves the right to add and remove Participating Entities to its
roster during the term of this Contract
B PUBLIC FACILITIES Supplier's employees may be required to perform work at government -
owned facilities, including schools Supplier's employees and agents must conduct themselves
in a professional manner while on the premises, and in accordance with Participating Entity
policies and procedures, and all applicable laws
6. PARTICIPATING ENTITY USE AND PURCHASING
A ORDERS AND PAYMENT To access the contracted Equipment, Products, or Services under
this Contract, a Participating Entity must clearly indicate to Supplier 'that it intends to access this
Contract, however, order flow and procedure will be developed jointly between Sourcewell and
Supplier Typically, a Participating Entity will issue an order directly to Supplier or its authorized
subsidiary, distributor, dealer, or reseller If a Participating Entity issues a purchase order, it
may use its own forms, but the purchase order should clearly note the applicable Sourcewell
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060122-WAI
contract number All Participating Entity orders under this Contract must be issued prior to
expiration or cancellation of this Contract, however, Supplier performance, Participating Entity
payment obligations, and any applicable warranty periods or other Supplier or Participating
Entity obligations may extend beyond the term of this Contract
Supplier's acceptable forms of payment are included in its attached Proposal Participating
Entities will be solely responsible for payment and Sourcewell will have no liability for any
unpaid invoice of any Participating Entity
B ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM Additional terms and
conditions to a purchase order, or other required transaction documentation, may be
negotiated between a Participating Entity and Supplier, such as job or industry -specific
requirements, legal requirements (e g , affirmative action or immigration status requirements),
or specific local policy requirements Some Participating Entities may require the use of a
Participating Addendum, the terms of which will be negotiated directly between the
Participating Entity and the Supplier 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
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• Maintenance and management of this Contract,
• Timely response to all Sourcewell and Participating Entity inquiries, and
• Business reviews to Sourcewell and Participating Entities, if applicable
B BUSINESS REVIEWS Supplier must perform a minimum of one business review with
Sourcewell per contract year The business review will cover sales to Participating Entities,
pricing and contract terms, administrative fees, sales data reports, 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 Name (e g , City of Staples Highway Department),
• Participating Entity Physical Street Address,
• Participating Entity City,
• Participating Entity State/Province,
• Participating Entity Zip/Postal Code,
• Participating Entity Contact Name,
• Participating Entity Contact Email Address,
• Participating Entity Contact Telephone Number,
• Sourcewell Assigned Entity/Participating Entity Number,
• Item Purchased Description,
• Item Purchased Price,
• Sourcewell Administrative Fee Applied, and
• Date Purchase was invoiced/sale was recognized as revenue by Supplier
B ADMINISTRATIVE FEE In consideration for the support and services provided by Sourcewell,
the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and
Services provided to Participating Entities The Administrative Fee must be included in, and not
added to, the pricing Supplier may not charge Participating Entities more than the contracted
price to offset the Administrative Fee
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated
in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased
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by Participating Entities under this Contract during each calendar quarter Payments should
note the Supplier's name and Sourcewell-assigned contract number in the memo, and must be
mailed to the address above "Attu Accounts Receivable" or remitted electronically to
Sourcewell's banking institution per Sourcewell's Finance department instructions Payments
must be received no later than 45 calendar days after the end of each calendar quarter
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to
ensure that the administrative fee is paid on all items purchased under this Contract
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell
reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in
any subsequent solicitation In the event this Contract is cancelled by either party prior to the
Contract's expiration date, the administrative fee payment will be due no more than 30 days
from the cancellation date
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer
Supplier's Authorized Representative is the person named in the Supplier's Proposal If
Supplier's Authorized Representative changes at any time during this Contract, Supplier must
promptly notify Sourcewell in writing
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A AUDIT Pursuant to Minnesota Statutes Section 16C 05, subdivision 5, the books, records,
documents, and accounting procedures and practices relevant to this 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
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E CONTRACT COMPLETE This Contract represents the complete agreement between the
parties No other understanding regarding this Contract, whether written or oral, may be used
to bind either party For any conflict between the attached Proposal and the terms set out in
Articles 1-22 of this Contract, the terms of Articles 1-22 will govern
F RELATIONSHIP OF THE PARTIES The relationship of the parties is one of independent
contractors, each free to exercise judgment and discretion with regard to the conduct of their
respective businesses This Contract does not create a partnership, joint venture, or any other
relationship such as master -servant, or principal -agent
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities,
including their agents and employees, harmless from any claims or causes of action, including
attorneys' fees incurred by Sourcewell or its Participating Entities, arising out of any act or
omission in the performance of this Contract by the Supplier or its agents or employees, this
indemnification includes injury or death to person(s) or property alleged to have been caused
by some defect in the Equipment, Products, or Services under this Contract to the extent the
Equipment, Product, or Service has been used according to its specifications Sourcewell's
responsibility will be governed by the State of Minnesota's Tort Liability Act (Minnesota
Statutes Chapter 466) and other applicable law
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell
under this Contract and as it applies to all data created, collected, received, maintained, or
disseminated by the Supplier under this Contract
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A INTELLECTUAL PROPERTY =
1 Grant of License During the term of this Contract
a Sourcewell grants to Supplier a royalty -free, worldwide, non-exclusive right and
license to use 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 Subhcense The right and license granted herein includes a limited right
of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,
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resellers, marketing representatives, and agents (collectively "Permitted Sublicensees") in
advertising and promotional materials for the purpose of marketing the Parties' relationship
to Participating Entities Any sublicense granted will be subject to the terms and conditions
of this Article Each party will be responsible for any breach of this Article by any of their
respective sublicensees
3 Use, Quality Control
a Neither party may alter the other party's trademarks from the form provided
and must comply with removal requests as to specific uses of its trademarks or
logos
b Each party agrees to use, and to cause its Permitted Sublicensees to use, the
other party's trademarks only in good faith and in a dignified manner consistent with
such party's use of the trademarks Upon written notice to the breaching party, the
breaching party has 30 days of the date of the written notice to cure the breach or
the license will be terminated
4 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
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15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God
or other conditions that are beyond that party's reasonable control A party defaulting under
this provision must provide the other party prompt written notice of the default
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal,
unenforceable, or void then both parties will be relieved from all obligations arising from that
provision If the remainder of this Contract is capable of being performed, it will not be affected
by such determination or finding and must be fully performed
17. PERFORMANCE, DEFAULT, AND REMEDIES
A PERFORMANCE During the term of this Contract, the parties will monitor performance and
address unresolved contract issues as follows
1 Notification The parties must promptly notify each other of any known dispute and
work in good faith to resolve such dispute within a reasonable period of time If necessary,
Sourcewell and the Supplier will jointly develop a short briefing document that describes
the issue(s), relevant impact, and positions of both parties
2 Escalation If parties are unable to resolve the issue in a timely manner, as specified
above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher
level of management The Supplier will have 30 calendar days to cure an outstanding issue
3 Performance while Dispute is Pending Notwithstanding the existence of a dispute, the
Supplier must continue without delay to carry out all of its responsibilities under the
Contract that are not affected by the dispute If the Supplier fails to continue without delay
to perform its responsibilities under the Contract, in the accomplishment of all undisputed
work, the Supplier will bear any additional costs incurred by Sourcewell and/or its
Participating Entities as a result of such failure to proceed
B DEFAULT AND REMEDIES Either of the following constitutes -cause to declare this Contract,
or any Participating Entity order under this Contract, in default
1 Nonperformance of contractual requirements, or
2 A material breach of any term or condition of this Contract
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
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• Exercise any remedy provided by law or equity, or
• Terminate the Contract or any portion thereof, including any orders issued against the
Contract
18. INSURANCE
A REQUIREMENTS At its own expense, Supplier must maintain insurance policyks) in effect
at all times during the performance of this Contract with insurance companyks) 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 Liabihty Insurance Supplier will maintain insurance covering its
operations, with coverage on an occurrence basis, and must be subject to terms no less
broad than the Insurance Services Office ("ISO") Commercial General Liability Form
CG0001 (2001 or newer edition), or equivalent At a minimum, coverage must include
liability arising from premises, operations, bodily injury and property damage,
independent contractors, products -completed operations including construction defect,
contractual liability, blanket contractual liability, and personal injury and advertising
injury All required limits, terms and conditions of coverage must be maintained during
the term of this Contract
Minimum Limits
$1,000,000 each occurrence Bodily Injury and Property Damage
$1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products 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
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4 Umbrella Insurance During the term of this Contract, Supplier will maintain
umbrella coverage over Employer's Liability, Commercial General Liability, and
'Commercial Automobile
Minimum Limits
$2,000,000
5 Network Security and Privacy Liability Insurance During the term of this Contract,
Supplier will maintain coverage for network security and privacy liability The coverage
may be endorsed on another form of liability coverage or written on a standalone
policy The insurance must cover claims which may arise from failure of Supplier's
security resulting in, but not limited to, computer attacks, unauthorized access,
disclosure of not public data — including but not limited to, confidential or private
information, transmission of a computer virus, or denial of service
Minimum limits
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling
Sourcewell to immediately terminate this Contract for default
B CERTIFICATES OF INSURANCE Prior to commencing under this Contract, Supplier must
furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this
Contract Prior to expiration of the policy(ies), renewal certificates must be mailed to
Sourcewell,-202 12th Street Northeast, P O Box 219, Staples, MN 56479 or sent to the
Sourcewell Supplier Development Administrator assigned to this Contract The certificates must
, be signed by a person authorized by the insurer(s) to bind coverage on their behalf
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide
certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in
this Contract
C ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY
INSURANCE CLAUSE Supplier agrees to list Sourcewell and its Participating Entities, including
their officers, agents, and employees, as an additional insured under the Supplier's commercial
general liability insurance policy with respect to liability arising out of activities, "operations," or
"work" performed by or on behalf of Supplier, and products and completed operations of
Supplier The policy provision(s) or endorsement(s) 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
Rev 3/2022 12
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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
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
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references to "federal" should be interpreted to mean the United States federal government
The following list only applies when a Participating Entity accesses Supplier's Equipment,
Products, or Services with United States federal funds
A EQUAL EMPLOYMENT OPPORTUNITY Except as otherwise provided under 41 C F R § 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 C F R § 60-
1 3 must include the equal opportunity clause provided under 41 C F R §60-1 4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319,
12935, 3 C F R §, 1964-1965 Comp , p 339), as amended by Executive Order 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," and implementing
regulations at 41 C F R § 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor "The equal opportunity clause is incorporated
herein by reference
B DAVIS-BACON ACT, AS AMENDED (40 U S C § 3141-3148) When required by federal
program legislation, all prime construction contracts in excess of $2,000 awarded by non-
federal entities must include a provision for compliance with the Davis -Bacon Act (40 U S C §
3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C F R § 5,
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction") In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor In addition, contractors must be required to pay
wages not less than once a week The non-federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination The non-federal entity must report all suspected or reported violations to
the federal awarding agency The contracts must also include a provision for compliance with
the Copeland "Anti -Kickback" Act (40 U S C § 3145), as supplemented by Department of Labor
regulations (29 C F R § 3, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States") The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled The non-federal entity must report
,all suspected or reported violations to the federal awarding agency Supplier must be in
compliance with all applicable Davis -Bacon Act provisions
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
Rev 3/2022 14
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060122-WAI
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week The requirements of 40 U S C § 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous, or dangerous These requirements
do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence This provision is
hereby incorporated by reference into this Contract Supplier certifies that during the term of
an award for all contracts by Sourcewell resulting from this procurement process, Supplier must
comply with applicable requirements as referenced above
D RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT If the federal award
meets the definition of "funding agreement" under 37 C F R § 401 2(a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that "funding agreement," the recipient or subrecipient
' must comply with the requirements of 37 C F R § 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency Supplier
certifies that during the term of an award for all contracts by Sourcewell resulting from this
procurement process, Supplier must comply with applicable requirements as referenced above
E CLEAN AIR ACT (42 U S C § 7401-7671Q ) AND THE FEDERAL WATER POLLUTION CONTROL
ACT (33 U S C § 1251-1387) Contracts and subgrants of amounts in excess of $150,000 require
the non-federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U S C § 7401- 7671q) and the Federal Water Pollution
Control Act as amended (33 U S C § 1251- 1387) Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA)
Supplier certifies that during the term of this Contract will comply with applicable requirements
as referenced above
F DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689) A contract award
(see 2 CFR § 180 220) must not be made to parties listed on the government wide exclusions
in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR
§180 that implement Executive Orders 12549 (3 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 BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U S C § 1352) Suppliers must file
any required certifications Suppliers must not have used federal appropriated funds to pay any
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060122-WAI
person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member
of Congress in connection with obtaining any federal contract, grant, or any other award
covered by 31 U S C § 1352 Suppliers must disclose any lobbying with non-federal funds that
takes place in connection with obtaining any federal award Such disclosures are forwarded
from tier to tier up to the non-federal award Suppliers must file all certifications and
disclosures required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31
U S C § 1352)
H RECORD RETENTION REQUIREMENTS To the extent applicable, Supplier must comply with
the record retention requirements detailed in 2 C F R § 200 333 The Supplier further certifies
that it will retain all records as required by 2 C F R § 200 333 for a period of 3 years after
grantees or subgrantees submit final expenditure reports or quarterly or annual financial
reports, as applicable, and all other pending matters are closed
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 I
K ACCESS TO RECORDS (2 C F R § 200 336) Supplier agrees that duly authorized
representatives of a federal agency must have access to any books;documents, papers, and
records of Supplier that are directly pertinent to Supplier's discharge of its obligations under
this Contract for the purpose of making audits, examinations, excerpts, and transcriptions The
right also includes timely and reasonable access to Supplier's personnel for the purpose of
interview and discussion relating to such documents
- 'L PROCUREMENT OF RECOVERED MATERIALS (2 C F R § 200 322) A non-federal entity that is
a state agency or agency of a political subdivision of astate 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
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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 notify the U S Office of General Services,
Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to
, `the anticipated work under this Contract raises an actual or potential conflict of interest (as
described in 2 CFR Part 200) The Supplier must explain the actual or potential conflict in
writing in sufficient detail so that the U S Office of General Services, Sourcewell, and
Participating Entity, are able to assess the actual or potential conflict, and provide any additional
information as necessary or requested
R U S EXECUTIVE ORDER 13224 The Supplier, and its subcontractors, must comply with U S
Executive Order 13224 and U S Laws that prohibit transactions with and provision of resources
and support to individuals and organizations associated with terrorism
S PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT To the extent applicable, Supplier- certifies that during the term of this Contract it
will comply with applicable requirements of 2 C F R § 200 216
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
22e 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
Rev 3/2022 - 17
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Proposal. Cancellation of this Contract does not relieve either party of financial, product, or
service obligations incurred or accrued prior to cancellation.
So u rcewe I I
DocuSigned by:
y Sctuwart72)
C0FD2A139D06489..
Wirtgen America, Incorporated
DocuSigned by:
Cr-V
By: ` 870' 397S8F27469 .
Jeremy Schwartz Sandy Draper
Title: Chief Procurement Officer
Title: Director -Inside Sales Operations
7/29/2022 112:58 PM CDT 8/10/2022 111:54 AM PDT
Date: Date:
Approved:
l
DocuSigned by:
By • ` 7Es2B8F817A64CC
Chad Coquette
Title: Executive Director/CEO
Date:
8/10/2022 11:57 PM CDT
Rev. 3/2022 18
LJUl.UOIyI I CIIVCIUpe IU OJC I ILA,-UCGM-YCIiM-UL/UU-UrJCUCCL,JI.,
RFP 060122 - Roadway Paving Equipment
Vendor Details
Company Name
Address
Contact
Email
Phone
HST#
Submission Details
Created On
Submitted On
Submitted By
Email
Transaction #
Submitter's IP Address
Wirtgen Amen., Inc
6030 Dana Way
Antioch, TN 37013
Melanie Braband
melanie braband@wirtgen-group corn
615-598-4892
62-1250621
Monday May 23, 2022 13 59 36
Wednesday June 01, 2022 15 36 50
Melanie Braband
melanie braband@wirtgen-group com
e407d577-ebe1-4767-a7b1-84d61f533dd1
216 170 179 162
Bid Number RFP 060122 Vendor Name Wrrtgen Amenca, Inc
L/VI.U.Dlyl I GI IVCILIpe IU OJD I IU,-VCLM-'.13,41-ULIVV-VrODUGCLI-,,Or
Specifications
Table 1 Proposer Identity & Authorized Representatives
General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question Do not merely attach
additional documents to your response without also providing a substantive response Do not leave answers blank, respond "N/A" if the
question does not apply to you (preferably with an explanation)
Item
"?.( ! `�3y "fiLit� P � t" P' '}� J''r w ^�'
Question , , i _'- - G ,-...."4,-;i/'
r 3A . , +i� i J S` M'1r is
�� .�` `e e�••r � Jv. 1.< 4--'� 2„ / 4
T+e�.l. it }Si } 'a.n � t`4ti k`��i i
Response r _ , �� �fu';',T17nr a 1 - ;r ,1- a , , v - _-
F ,,°F,'t".* } x� r r r a 'ra° f 1 _ tY l ,, , ,,,,,, e ,
b ,n `T h�� r'� . -. _�f' u _
1
Proposer Legal Name (one legal entity only)
(In the event of award, will execute the
resulting contract as "Supplier")
Wirtgen America, Incorporated
2
Identify all subsidiary entities of the Proposer
whose equipment, products, or services are
included in the Proposal
N/A
3
Identify all applicable assumed names or DBA
names of the Proposer or Proposer's
subsidianes in Line 1 or Line 2 above
N/A
4
Provide your CAGEcode or Unique Entity`
Identifier (SAM)
N/A
5
Proposer Physical Address
6030 Dana Way Antioch, TN 37013
6
Proposer website address (or addresses)
www wirtgen-group com
7
Proposer's Authorized Representative (name,
title, address, email address & phone) (The
representative must have authonty to sign
the "Proposer's Assurance of Compliance" on
behalf of the Proposer and, in the event of
award, will be expected to execute the
resulting contract)
Sandy Draper - Director Inside Sales Operations, 6030 Dana Way Antioch, TN
37013
Sandy Draper@wirtgen-group corn Tel 615-477-8046
8
Proposer's pnmary contact for this proposal
(name, title, address, email address & phone)
Melanie Braband, Contract Administrator, 6030 Dana Way Antioch, TN 37013 '
E -Mad Melanie Braband@wirtgen-group com Phone # 615-598-4892 -
9
Proposer's other contacts for this proposal, if
any (name, title, address, email address &
phone) '
Sandy Draper - Director Inside Sales Operations, 6030 Dana Way Antioch, TN
37013
E -Mad Sandy Draper@wirtgen-group com Phone # 615 477 8046
Table 2 Company Information and Financial Strength
Llrie ; t., �aA
Item � Gluestic
,.. =�Na
d
Bid Number RFP 060122 Vendor Name Wlrtgen Amenca, Inc
LJUI.UJiyII CI IVelllpe ILJ oJO I IUt-,JCCM-,13 ,/1-tl UUU-UrODUCCc/1l,Or
10
Provide a beef history of your company,
including your company's core values,
business philosophy, and industry longevity
related to the requested equipment, products
or services
In 1985 Wirtgen America was founded in Nashville, TN with a rented office and a
small warehouse space with less than 10,000 sq ft combined
In 1989, Wirtgen America moved to their second location in Nashville, where we
purchased office and warehouse space, and expanded in 1994/1995 adding a shop
to work on larger machines
In 2000, Wirtgen moved a third and final time, settling in Antioch, TN at our 6030
Dana Way address We had an initial purchase of 8 acres of land at 6030 Dana
Way, and constructed a new facility with 75,000 sq ft consisting of 10,000 sq ft
office space, 10,000 sq ft shop, and 55,000 sq ft warehouse space
In 2008, we opened the Reinhard Wirtgen Learning Center at 6040 Dana Way with
20,000 sq ft training facility, hosting 4 classrooms & labs, 70 -seat cafeteria, and a
training shop We also acquired additional 23 acres of land for a later expansion
In 2012, 6030 Dana Way expanded to 130,000 sq ft facility, +8,000 sq ft shop, and
37,000 sq ft warehouse space This brought our Total areal to 36 acres and
150,000 sq ft area under roof (incl Training Center)
In 2013, we expanded further, with an additional 10,000 sq ft office space, a
remodel of the existing 20,000 sq ft and we doubled employee seating capacity
In 2017, Wirtgen America invested $4 million for the expansion of the Center for
Training & Technology (CTT) at 6040 Dana Way We added 20,000 sq ft (_
doubling the space), expanded to two stones and built in a total of 11 classrooms
and 180 -seat cafetena
The Wirtgen Group was acquired by Deere & Company in December 2017 We
are now a John Deere Company United, we form one of the biggest players in the
construction equipment industry and complement one another product line perfectly
Wirtgen America and its dealer network offer a broad range of services tailored to
the customer's individual requirements for all areas of road construction, as well as
the mining and processing of minerals With passion and know-how, our expenenced
team ensures success every single day
Market -leading products, excellent service, and tried and tested quality standards
give the confidence needed in their competitive environment The WIRTGEN
GROUP'S successful long-standing brands keeps the customers safely on the road
of success ,
Wirtgen Amence is located in the middle of North Amenca We offer our world-
renowned service at more than 250 locations, operated by our 34 dealers families
located all over the United States and Canada with locations in every state and
province And our dealer network does more than just sell the high quality
WIRTGEN GROUP products The delivery of one of our machines marks the
beginning of a long-standing partnership Our dealer network puts the machines,
parts and service expertise close to our customers Our dealers can always rely on
the specialists of Wirtgen America with the strong background of the four
specialized brand headquarters
Wirtgen's number 1 objective is to always be close to our customers
11
What are your company's expectations in the
event of an award?
We look forward to continuing a very collaborative and positive relationship with
Sourcewell and its members, as well as building new relationships, while going
above and beyond to supply each buying agency's equipment needs with state of
the art products and -superior customer service
12
Demonstrate your financial strength and
stability with meaningful data This could
include such items as financial statements,
SEC filings, credit and bond ratings, letters
of credit, and detailed reference letters
Upload supporting documents (as applicable)
in the document upload section of your
response
Upload supporting documents (as applicable) in the document upload section of your
response
Please see the 2021 Annual Report attached
13
What is your US market share for the
solutions that you are proposing?
Mills 80 1%
• Stabilizers 581%
• Vogele 34 2%
• Vogele Commercial 4%
• Hamm 18 2%
• Kleemann Crushers Tracked 26 4%
• Kleemann Screens Tracked 15 6%
Bid Number RFP 060122
Vendor Name Wirtgen America, Inc
LAJUUOlyII CI IVGILIpe IL7 OJO I IUD,-UCL/Y-4Ol,M-ULJU0-Ur OIDUCCL/A ,Or
14
What is your Canadian market share for the
solutions that you are proposing?
Mills 83 3%
Stabilizers 0%
• Vogele 100%
• Vogele Commercial 33 3%
• Hamm 12 6%
Kleemann Crushers Tracked 10%
Kleemann Screens Tracked 6 3%
15
Has your business ever petitioned for ,
bankruptcy protection? If so, explain in detail
No bankruptcy proceedings have taken place
,
16
How is your organization best descnbed is
it a manufacturer, a distnbutor/dealer/reseller,
or a service provider? Answer whichever
question (either a) or b) lust below) best
applies to your organization
a) If your company is best described as
a distnbutor/dealer/reseller (or similar entity),
provide your written authorization to act as a
distnbutor/dealer/reseller for the manufacturer
of the products proposed in this RFP If
applicable, is your dealer network
independent or company owned?
b) If your company is best descnbed as
a manufacturer or service provider, descnbe
your relationship with your sales and service
force and with your dealer network in ,
delivenng the products and services
proposed in this RFP Are these individuals
your employees, or the employees of a third
party?
At Wirtgen Amenca, the Director Inside Sales Operations, a contract administrator,
20 Distnct Sales Managers will support the needs of our Sourcewell contract These
individuals are employees of Wirtgen Amenca The Director Inside Sales Operations
and the District Sales Managers promote this contract to the dealers and
customers, provide guidance on using the contract and partner with dealers to
provide customer solutions as necessary We offer our world-renowned service at
more than 250 locations, operated by our 34 dealer groups with locations in every
state and province all over the United States and Canada The dealers are
employees of third party independently owned businesses
The District Sales Managers work with the dealers to ensure prompt delivery and
customer service satisfaction The dealer handles equipment servicing after the sale
The dealers receive factory -built machines, install, handle customer requested
services (extended warranty, trade-ins ), process pre -delivery inspection, handle
local deliveries and provide requested service as needed
We utilize our parent company John Deere to assist with training
We have transitioned to pnmanly a dealer -direct sales approach since our last
contract We reserve the right to sell direct from our office in Antioch, TN if/when
needed
Dealer Search North Amenca I WIRTGEN GROUP (www wrtgen-group com)
17
If applicable, provide a detailed explanation '
outlining the licenses and certifications that
are',both required to be, held, and actually
held, by your organization (including third
parties and subcontractors that you use) in r
pursuit of the business contemplated by this
RFP ,
Wirtgen Amenca maintains all licenses and certifications necessary to conduct its
business around the worldThis is supported by our Supply Management,
Engineenng Safety, Accounting, Human Resources, and Tax and Legal
Departments Wirtgen Amenca self -audits and has regular outside audits performed
by Deloitte & Touche for compliance with all required licenses, certifications and
regulations
18
Provide all "Suspension or Debarment"
information that has applied to your
organization during the past ten years
There are no suspensions or disbarments to note
Table 3 Industry Recognition & Marketplace Success
PF9
'me':Question
�,
ItemY !
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rl liY ~ S ly »�I i „>pw Fi Y
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waij G f ')y4's <c�w ,
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Response �k rj ° r; 3 M xy o �, z"
r� �J
19
Describe any relevant industry awards or
recognition that your company has received
in ,the past five years
Wirtgen Amenca falls under John Deere's industries awards and recognition John
Deere has received numerous levels of recognition and awards worldwide for
quality production standards, environmental responsibility, ethics, diversity, safety and
corporate citizenship A link to the current listing follows
https //www deere com/en/our-company/citizenship-and-sustainability/
20
What percentage of your sales are Jo the
governmental sector_in the past three years
_
Customer specifics are not shared publicly By nature of the products being
offered, government agencies take on construction and roadway paving projects _
more often than most public or pnvate schools The lion's share of sales is to ,'
government agencies Nonetheless, there are educational customers that -make
good use of the cooperative contract as well
21
What percentage of your sales are to the
education sector in the past three years
Customer specifics are not shared publicly By nature of the products being
offered, govemment agencies take on construction and roadway paving projects
more often than most public or pnvate schools The lion's share of sales is to
government agencies Nonetheless, there are educational customers that make
good use of the cooperative contract as well
22
List any state, provincial, or cooperative
purchasing contracts.that you hold What is
the annual sales volume for each of these
contracts over the past three years?
State of Oklahoma — OMES Central Purchasing, BuyBoard, TXSmart, PennDOT
Sales figures are not publicly shared Our other cooperatives will not impede
Wirtgen America's ability to participate in the Sourcewell program
23
List any GSA contracts or Standing Offers
and Supply Arrangements (SOSA) that you
hold What is the annual sales volume for
each of these contracts over the past three
years?
N/A
Bid Number RFP 060122
Vendor Name Wirtgen America, Inc
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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
Customer
publicly.
of
our
our
previous
commitment
customers
information
Our
sales
contracts
appreciation
of
is
growth
serves
growing
not
over
the
shared
of
as testament
same.
the
contract
course
and
to
/
/
/
/
/
/
/
/
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
State
Province
/
Scope
of Work
Size of
Transactions
Dollar
Years
Volume
Past
Three
/
Government
Alabama
- AL
Customer
shared
growth
previous
testament
growing
customers
publicly.
over
the
contracts
information
to
appreciation
the
contract
our
course
Our
serves
commitment
is
sales
and
not
of
of
as
our
same.
of
/
/
/
Government
Alabama
- AL
/
/
/
/
Government
Alabama
- AL
/
/
/
/
Alabama
- AL
/
/
/
Government
/
Government
Alabama
- AL
/
/
/
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.
Item
Line
Question
Response
26
Sales
force.
Wirtgen
80
Managers,
The
ensure
direct
Director
prompt
America
employees
Product
Inside
delivery
is located
Specialists,
Sales
like
Vice
and
in
and
customer
Antioch,
Presidents,
the
etc.
District
TN
service
and
District
Sales
our
satisfaction.
Managers
sales
Sales
Managers,
team
work
consists
with
Technical
the
of
dealers
approx.
Sales
to
27
Dealer
methods.
network
or other
distribution
Wirtgen
United
Dealer
Dealer
The
dealers
States
Search
Search
America
and
sell
North
North
has
cur
Canada.
factory
34
America
America
dealers
-built
We
(
and
WIRTGEN
have
at
Canada:
machines
more
locations
than
GROUP
directly
in
250
every
(www.wirtgen-group.com)
to
locations
the
state
Sourcewell
located
and
province:
all
members.
over
the
28
Service
force.
The
built
ins...),
service
In
consisting
Specialist,
addition,
dealers
machines,
process
as
needed.
of
Warranty
the
handle
approximately
install,
pre
dealers
-delivery
equipment
Specialists,
handle
are
inspection,
120
supported
customer
servicing
direct
Service
after
requested
handle
by
employees
Trainers,
the
the
local
Wirtgen
sale.
services
like
etc.
deliveries
The
America
Field
dealers
(extended
Service
and
service
provide
receive
warranty,
team
Engineers,
requested
factory
trade-
Parts
-
Bid Number: RFP 060122
Vendor Name: Wirtgen America, Inc.
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29
Descnbe the ordering process If orders
wilt be handled by distnbutors, dealers or
others, explain the respective roles of the
Proposer and others
Wirtgen America authorizes the US and Canadian dealers to sell directly to the
Sourcewell members
Sourcewell members will contact their local dealer for assistance with machine and
option selection
Dealer' Search North America I WIRTGEN GROUP (www wirtgen-group com)
The local dealer will provide the contract quote (according to the awarded pncelists)
Sourcewell members will submit their purchase orders to the authorized quoting party
noted on their contract quote The quote number and the Sourcewell contract
number~ must be noted on the' PO
Wirtgen America will ship -the unit to the selling dealer The local selling dealer will
quote and arrange the freight move from dealer to customer
Setup, installs, inspection and final' delivery are handled by the local dealer
Authorized seller will invoice Sourcewell member upon receipt of product delivery
acceptance notice
30
Descnbe in detail the process and
procedure of your customer service
program, if applicable Include your
response -time capabilities and
commitments, as well as any incentives
that help your providers meet your stated
service goals or promises
• More than 250 certified Dealer locations throughout North America to
provide close range support to the end user
• 24/7 OEM phone support through dedicated service and after-hours lines
• After hours service support has a second and third escalation tier to insure the
customers/dealers are supported, this will escalate to the product manager if required
• Wirtgen America Area Customer Support Managers as well as Area field service
engineers located throughout North Amenca to provide a closer relationship between
the customer, dealer and Wirtgen Amenca
31
Descnbe your ability and willingness to
provide your products and services to
Sourcewell participating entities in the
United States
,
A professional, capable, well -trained, well -capitalized dealer network is one of Wirtgen
Amenca's competitive advantages Our dealers, backed by Wirtgen Amenca, provide
local customer support, repairs, maintenance, and parts
Wirtgen Amenca has authorized dealers in more than 250 locations located all over
the -United States and Canada
These dealers sign contracts to sell and service Wirtgen America's products in their
assigned areas
Dealers must submit an annual business plan that contains their commitment to ,
effectively selling and supporting all potential customers in their area, including but not
limited to commercial accounts, national accounts, and state, county and local
governmental agencies
Customers can count on Wirtgen Amenca's dealers to support our products and
customers ,
32
Descnbe your ability and willingness to
provide your products and services to
Sourcewell participating entities in Canada
See reply to question 31 — this includes Canada
33
Identify any geographic areas of the United
States or Canada that you will NOT be
fully -serving through the proposed contract
All areas of the U S and Canada will be served
34
Identify any Sourcewell participating entity
sectors (i e , government, education, not -for-
profit) that you will NOT be fully serving
through the proposed contract Explain in
detail For example, does your company
have only a regional presence, or do other
cooperative purchasing contracts limit your
ability to promote another contract?
Governmental and educational agencies are eligible to receive the contemplated
contract discounts on the products contemplated in this RFP Non-profit entities will
also be eligible, as long as they meet the following cntena
o Exempt from state and federal income taxes
o Generally funded exclusively by contnbutions
o Function to provide chantable, safety, educational, and other beneficial services
to entire communities
o Social organizations such as golf course country clubs, hunting and fishing clubs
do not qualify
o If a non-profit agency does not fit the profiles shown above, it then must
specifically be recognized by the IRS as being a 501 (c), (3), (4), (10), or (13)
organization
35
Define any specific contract_feguirements
or restnctions that would apply to our
participating entities in Hawaii and Alaska
and in US Temtones -
Mtgen America has assigned dealers in both Alaska and Hawaii As is the case
for the continental U S (CONUS), factory to dealer freight as well as local delivery by
dealer to end -user will be quoted and invoiced for any applicable areas outside of
the continental U S (OCONUS) Location specific factors related to moves by,
ocean, barge, .niand will affect friar delvery date
Bid Number RFP 060122
Vendor Name Wirtgen America, Inc
Ll UI.UOlylI CI IVCIUFIC IL1 OJO I IUI,-UCGM-'4C1.M-ULJUU-UrODUCGGMliDr
Table 7 Marketing Plan
Line '
Item
Question y
Response
36
Descnbe your marketing strategy for
promoting this contract opportunity
Upload representative samples of your
marketing materials Of applicable) in
the document upload section of your
response
We will issue the following information upon award
Dealer Sales Bulletin - outline of award and points of contact
o DealerPath Link - internal John Deere dealer website, which provides contract
specifics i e , eligible customers, ordering process, pricing, discounts
Upon award, the Wirtgen Amenca Director Inside Sales Operations and the contract
administrator will notify our District Sales Managers about the outline of award, points of
contact, contract specifics i e , eligible customers, ordenng process, pncing, discounts The
District Sales Managers will inform their assigned dealers about it In addition to this, all
information will be available on our internal Wirtgen Amenca website — the Wirtgen Group
Portal Our dealers have access to the Portal and can access this information anytime
Wirtgen America Director Inside Sales Operations and the contract administrator work with
the District Sales Managers by participating in meetings and training events to educate
them on the Sourcewell contract We use these opportunities to generate an understanding
of the contract benefits, solutions, and ease of use for eligible customers by promoting
Sourcewell as an effective and efficient solution that satisfies the cumbersome, time
consuming, and tedious bid process We see the Sourcewell contract as a pnme solution
for these eligible customers
37
Descnbe your use of technology and
digital data (e g , social media,
metadata usage) to enhance
marketing effectiveness
Home I Wirtgen Group in North Amenca (www wirtgen-group corn) provides detailed
product information for the equipment offered The public can review product features,
specifications and accessories
We also use social media channels as Facebook, Linkedln and Youtube to enhance our
marketing effectiveness We send direct mailers to contractors in our industry at least four
times a year It is designed to create community, as well as inform followers of training
opportunities, equipment innovations and parts programs
38
In your view, what is Sourcewell's role
in promoting contracts ansing out of
this RFP? How will you integrate a
Sourcewell-awarded contract into your
sales process?
Wirtgen America's sales team works together with our dealer network to identify
opportunities and promote sales
Together we can engage in conference calls, webinars, dealer training, mailings to
increase Sourcewell awareness, membership, and sales District Managers and/or local
dealers are available for Trade Show participation as may be applicable
The Wirtgen Amenca Sales Administration Team work with the Wirtgen Amenca District
Sales representatives by participating in meetings and training events to educate the
dealers and other Wirtgen Amenca personnel on the contract We use these opportunities
to generate an understanding of the contract benefits and solutions for eligible customers
Additionally, the Wirtgen Amenca team communicates the contract benefits to customers
that have expressed interest in purchasing Wirtgen America products, promoting
Sourcewell as an effective and efficient solution that satisfies the cumbersome, time
consuming, and tedious bid process We see the Sourcewell contract as a pnme solution
for these eligible customers
39
Are your products or services
available through an e -procurement
ordering process? If so, describe your
e -procurement system and how
governmental and educational
customers have used it
Due to the customizable nature of the equipment, there are many possible configurations
Many build -code dependencies must be taken into consideration for a properly functioning
machine to be built For that reason, we feel it is best to contact the local dealer for
machine configuration guidance prior to requesting a contract quote
Table 8 Value -Added Attributes
Line
Item
J
Question
Response*
Bid Number RFP 060122 Vendor Name Wirtgen America, Inc
I JUUUOlylI CI IVCIVpC IU OJC I IUI,-UCLJ1-,17%,J1-ULJVV-VrJOVCCLIA ,Or
40
Descnbe 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
Training on equipment operation and safety is provided through the local dealer At time of
delivery, the dealer provides an introductory walk -around of the unit, explaming general
operation and maintenance procedures - free of charge as part of the purchase Additional
product or specific system training is optional and quoted by the local dealer
The Center for Training and Technology (CTT), located on the grounds of the WIRTGEN
AMERICA, Inc North Amencan Campus, is a world -class facility for educating Road and
Minerals Technology professionals
Classes and curriculum are offered for both Dealers and end users including technical
service, operations, sales and parts The 38,000 sq ft state-of-the-art facility houses two
lecture classrooms and two laboratories as well as a four -bay shop (dedicated exclusively to
training) so hands-on training can take place regardless of the weather The most recent
expansion added seven additional classrooms and five technology rooms, representing our
four brands and customer support
The CTT includes a 5 -acre test track for equipment demonstrations and hands-on
application training for the WIRTGEN GROUP products
The training fees at the CTT vary between our different kinds of classes and the duration
41
Descnbe any technological
advances, that your proposed
products_or services offer
-
WIRTGEN GROUP WITOS fleetview telematics solution — Safety and planning tool
This system optimizes the fleet and service management of your WIRTGEN, HAMM and
VOGELE machines System -based preprocessing, transmission, visualization and evaluation
of machine and position data mean that your processes will become even more efficient
The WITOS FleetView service portfolio ranges from targeted monitonng of the operating
status of the machines in day-to-day operating to supporting maintenance and diagnostiv
processes This minimizes response times and downtimes and optimizes maintenance work
In addition, the WITOS FMI (Fleet Management Interface) allows you to import data from
existing systems via a standardized server -2 -server interface The machines -specific
SmartService inspection and maintenance agreement ideally complement the possibility of
WITOS FleetView — such as qualified maintenance, services aimed at minimizing downtimes
and targeted documentation of the measures implemented This makes it possible to
optimize ,costs and ensure the long-term value retention of you machines
42
Descnbe any "green" initiatives
that relate to your company or to
your products or services, and
include a list of the certifying
agency for each
Safeguarding the environment is nothing new to Wirtgen America We know that responsible
resource management is vital not lust to our company and our employees, but also to our
customers, our neighbors, and our world Wirtgen America wholly owned by John Deere fall
under their rigorous standards for green initiatives as noted below
• Our Enterprise Eco-Efficiency Goals - As part of our commitment to being good
stewards of the environment, we have developed a set of goals regarding four key areas
Energy, Water, Waste, and Product Lifecycle
• Our Operations and The Environment - Our operating processes reflect a strong
commitment to protecting the world around us We're constantly on the lookout for energy -
and water -efficient systems, systems that sustain air and water quality, systems that
eliminate or reduce waste And when investing in new products, approaches, or
technologies, we give preference to those that have the most favorable environmental impact
• Our Products and The Environment - John Deere products are designed for efficiency
and productivity And by truly understanding our customers' needs while incorporating
innovative technology, we're able to offer machines that are not- only more productive and
more efficient, but also demonstrate a deep respect for the environment
43
Identify any third -party issued eco-
labels, ratings or certifications that
your company has received for
the equipment or products
included in your Proposal related_
to energy efficiency or
conservation, life -cycle design
(cradle -to -cradle), or other
green/sustainability factors
See attached certificate for ISO 14001 for Wirtgen Amenca's Hamm products'
;
44
Descnbe any Women or Minority
Business Entity (WMBE), Small
Business Entity (SBE), or veteran
owned business certifications that
your company or hub partners
have obtained Upload
documentation of certification (as
applicable) in the document
upload section of your response
John Deere is committed to Supplier Diversity Each year we submit to GSA a
commercial plan that outlines our commitment to use WMBE's, SBE's, and other MBE's
suppliers in support of our business
Bid Number RFP 060122
Vendor Name Wirtgen America, Inc
✓UI.UOlyl I CI IVCIUFIC I✓ OJT I J I ,J,-UCL/1-Ylal,/1-J✓UU-UrODUCCLIA ,Dr
45
What unique attnbutes, does your
company, your products, or your
services offer to Sourcewell
participating entities? What makes
your proposed solutions unique in
your industry as d applies to
Sourcewell participating entities?
Wirtgen Amenca has a very strong presence as a heavy construction equipment provider
Wirtgen America is also the world's leading manufacturer of roadway paving equipment As
being wholly owned by John Deere, we have access to John Deere Financial, one of the
largest equipment finance companies
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
11*' yr
"
�ierr►�, �
{,t 3
`� a 6ciVi f : , 6, yy, _ ..
'�:'�"°>�,
Question, , ,,� �! .f�- -- f'z�
r`f� �' 8 "Ls rx't� " L�,r„',-. '�
'���rb.y��.> ai, � _ f
,_' ; f � , P yA.1 4';' 1, i ; y ; fE a1` Y .^,, _, , Y,q _I � C r, Y r
,. �i'k.. �iH,..�.>l'� FF �•• , iF ,r, �� - �yK ���h ,,a�k i
Pr �p „, ,,kl kr.�� s f. �,,_,
Res onse ; fir., r,y T �a €�
_.ui 1,. 'i"�`r�R f" r d% xx a , t
... `7.s`,k. r - �7� 1..
46
Do your warranties cover all products, parts, and
labor?
Warranty for Wirtgen, Vogele, Hamm is one year or 1000 hours whichever
comes first, and Kleemann is one year or 2000 hours whichever comes first
(see attached Warranty Statements) Reasonable labor and travel are
covered when repair's made thru an authonzed dealer
47
Do your warranties impose -usage restrictions or
other limitations that adversely affect coverage?
Wear items are not covered - see attached Warranty Statement
,
48
Do your warranties cover the expense of
technicians' travel time and mileage to perform
warranty repairs?
Reasonable travel time covered — no mileage by an authorized dealer
49
Are there any geographic regions of the United
States or Canada (as applicable) for which you
cannot provide a certified technician to perform
warranty repairs? How will Sourcewell
participating entities in these regions be provided
service for warranty repair?
Dealers are assigned for complete coverage of the entire U S and Canada
50
Will you cover warranty service for items made by
other manufacturers that are,part part of, your proposal,
or are these warranties issues typically passed on
to the original equipment manufacturer?
Warranty will cover original OEM parts Engines are covered by the engine
manufacturer - see attached Warranty Statement
51
What are your proposed exchange"and return
programs and policies?
-
Our RGA process with our dealers is outlined below
Defective parts may be returned to Wirtgen Amenca only after approval and
obtaining a Retum Goods Authorization (RGA) Dealers are required to hold
all defective warranty parts for 120 days from the date credit is given or the
claim is denied
There is no mandatory parts return list, any part may be recalled for
inspection However, hydraulic parts, motors, pumps, gear boxes, planetary,
track rollers, controllers, electronic consoles, CGC dis-plays, milling depth
regulators, tracers, sonic sensors, etc must always be returned to Wirtgen
Amenca
Note
• Do 'not return parts COD Parts shipped COD will be refused
• Freight costs are not covered under warranty
• A RGA is required for the retum of any parts
52
Descnbe any service contract options for the
items included in your proposal
No service contracts are made part of this RFP response or resultant
award Local dealers are allowed to quote service contracts and extended
warranties at time of machine quote for buying agency's consideration
Table 9B• Performance Standards or Guarantees
Descnbe in detail your performance standards or guarantees, including conditions and requirements to qualify, dams procedure, and
overall structure You may upload representative samples of your performance matenals (if applicable) in the document upload section
of your response in addition to responding to the questions below
Linue
Itemf r� u
Bid Number RFP 060122
Vendor Name Wirtgen America, Inc
L/UI.UJIIyII CIIL! OJT IJ IUI.,-UCLM-YOl,P1-uvuu-UrJO.7CCGMl'Jr
53
Descnbe any performance standards or
guarantees that apply to your services
Wirtgen Amenca is the holder of the referenced Contract Pursuant to the Contract
Terms and Conditions, a documented relationship exists between Wirtgen Amenca
and its dealer network thereby permitting Dealer to quote, accept purchase orders,
order, deliver, and invoice the Sourcewell customer provided dealer agrees to the
following
Compliance
1 Dealer agrees to cooperate with Wirtgen Amenca to comply with all Contract
sales and administration requirements Contract # 081221 Terms and Conditions
are hereby incorporated in their entirety
2 Dealer bears all contractual responsibility associated with equipment and parts
sales to the Sourcewell member, including post sale warranty and service obligations,
in accordance with the Contract Post -sale warranty support includes standard factory
warranty as well as any dealer provided extended warranty, same as for a
commercial sale
3 Dealer hereby agrees to comply with the Certificate of Insurance ("COI")
requirement as defined under the Contract and will produce a copy of the certificate
if requested by Wirtgen America
4 Certain states may adopt Sourcewell by way of a Participatmg Addendum In
those instances, there may be additional local contract stipulations that must be
adhered to in addition to the national contract Dealer agrees to review state
specific requirements, as may be applicable, and abide by same
Quoting
1 Quote training and contract questions should be directed to the Contract
Administrator
2 The Contract is not a fixed price contract, quotes are to stipulate 30 -day
validity to allow for re -quoting Contract orders shall be processed by dealer at the
then current factory pncing In other words, Wirtgen Amenca will not "price protect" a
sale if Sourcewell or customer does not accept a pnce increase Thus, the
dealership, and not Wirtgen Amenca, will be liable for any resulting pnce differences
3 Prices for dealer provided non -contract goods and services, which serve to
complete the machine sale, shall be no greater than permitted under the Contract,
including without limitation (and as applicable), factory freight, PDI, set-up, local
delivery, taxes etc
4 If/when customer requests contract pncing verification, dealer agrees to provide
itemized quotes that include List prices for base and factory build codes and the
contract discount utilized
5 Wirtgen Amenca reserves the nght to audit dealer's contract sales records for
compliance and training
Bid Number RFP 060122 Vendor Name Wirtgen Amenca, Inc
IJUI.UJIIJ.II GI IVCIU, IL! OJD IJ I UI+-UC,,,D,/,-UL/UU-Uf JOUGCLMlrDr
54
Descnbe any service standards or
guarantees that apply to your services
(policies, metrics, KPIs, etc)
Wirtgen Amenca is the holder of the referenced Contract Pursuant to the Contract
Terms and Conditions, a documented relationship exists between Wirtgen Amenca
and its dealer network thereby permitting Dealer to quote, accept purchase orders,
order, deliver, and invoice the Sourcewell customer provided dealer agrees to the
following
Compliance
1 Dealer agrees to cooperate with Wirtgen America to comply with all Contract
sales and administration requirements Contract # 081221 Terms and Conditions
are hereby incorporated in their entirety
2 Dealer bears all contractual responsibility associated with equipment and parts
sales to the Sourcewell member, including post sale warranty and service obligations,
in accordance with the Contract Post -sale warranty support includes standard factory
warranty as well as any dealer provided extended warranty, same as for a
commercial sale
3 Dealer hereby agrees to comply with the Certificate of Insurance ("COI")
requirement as defined under the Contract and will produce a copy of the certificate
if requested by Wirtgen Amenca
4 Certain states may adopt Sourcewell by way of a Participating Addendum In
those instances, there may be additional local contract stipulations that must be
adhered to in addition to the national contract Dealer agrees to review state
specific requirements, as may be applicable, and abide by same
Quoting
1 Quote training and contract questions should be directed to the Contract
Administrator
2 The Contract is not a fixed pace contract, quotes are to stipulate 30 -day
validity to allow for re -quoting Contract orders shall be processed by dealer at the
then current factory pncing In other words, Wirtgen Amenca will not "pnce protect" a
sale if Sourcewell or customer does not accept a pace increase Thus, the
dealership, and not Wirtgen Amenca, will be liable for any resulting pnce differences
3 Prices for dealer provided non -contract goods and services, which serve to
complete the machine sale, shall be no greater than permitted under the Contract,
including without limitation (and as applicable), factory freight, PDI, set-up, local
delivery, taxes etc
4 If/when customer requests contract pricing verification, dealer agrees to provide
itemized quotes that include List prices for base and factory build codes and the
contract discount utilized
5 Wirtgen Amenca reserves the nght to audit dealer's contract sales records for
compliance and training
Table 10 Payment Terms and Financing Options
Line _,
Item ,
a, n r _ ,
Question F w n T
-5,L_ I, rt
-
Response' a" >
55
Descnbe your payment terms and accepted payment
methods
Wirtgen America's only option for payment terms is Net 30 Days
56
Descnbe any leasing or financing options available for use
by educational or governmental entities
Wirtgen Amenca wholly owned by John Deere has access to John
Deere Financial They offer leasing/financing options The John
Deere Municipal Lease Purchase Plan is a special low -rate
financing plan that is designed to provide flexibility of leasing while
building equity toward ownership of the John Deere equipment Any
state or local government body, or their political subdivisions, having
the power to tax may be eligible for the John Deere Municipal
Lease Purchase Plan, subject to approval
John Deere Financial also offers other leasing and financing options
for governmental, educational, and non-profit entities, subject to
approval
All leasing and financing options are handled through the local
dealer and John Deere Financial
The lease/finance provider funds the contract sales invoice within 30
days
57
Descnbe any standard transaction documents that you
propose to use in connection with an awarded contract
(order forms, terms and conditions, service level
agreements, etc) Upload a sample of each (as
applicable) in the document upload section of your
response
See examples attached
WGS Quotation
Sales order to the customer with terms and conditions
Invoice to the customer
Statement of Warranty
Start-up Registration/Machine inspection form
58
Do you accept the P -card procurement and payment
process? If so, is there any additional cost to Sourcewell
participating entities for using this process?
Wirtgen America does not accept P -card procurement
Bid Number RFP 060122
Vendor Name Wirtgen America, Inc
LJUI.UJII�II CIIVCIU�IC IU OJT I IU,-UCL/1-,13,M-UL/UU-UrODUCCLMVJr
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 dunng the term of an awarded Contract as descnbed in the RFP, the template Contract, and the Sourcewell Pnce and Product
Change Request Form
Line` `
em — 7
ItH
A°r �'uY f t i e
ri 1 fin, �, e
.t .r ��_i
.Question, , 1,'`',`,,, . pad ,>, r � , ' °r ,
x .`s�7' x§ s' i a 4 nv ,
- ��, ,,,- v :r...� 4"' ,. �a ''yty „�_,., t F
, ,,
* .�a,",X, <= , Yi ,-,D.3,-:-.F !z t `"4 �r�-z ' r-. f "
Response. �"f . + = ., s, zt ` - w, _ �, t
,, •:',..;,_ i 7 L , a, 1 r K. Y a
59
Describe your pacing model (e g , line -item discounts or ,
product -category discounts) Provide detailed pncing data
(including standard or list pncng and the Sourcewell
discounted pnce) on all of the items that you want
Sourcewell to consider as part of your RFP response If
applicable, provide a SKU for each item in your proposal
Upload your pricing matenals (if applicable) in the
document upload section of your response
As in previous contracts, we will use a discount off current List
pnce for each product model Complete commercial once pages
as well as a discount matrix are included with our bid response
60
Quantify' the pricing discount represented by the pricing
proposal in this response For example, if the pncmg in
your response represents a percentage discount from
MSRP or list, state the percentage or percentage range
Wirtgen - 18% Discount
Hamm - 20% Discount
Kleemann - 15% Discount
Vogele - 18./. Discount
61
Descnbe any quantity or volume discounts or rebate
programs that you offer
5-7 machines receive 3% additional discount
8-14 machines receive 4% additional discount
15-30 machines receive 5% additional discount
62
Propose a method of facilitating "sourced" products or
related services, which may be referred to as "open
market" items or "nonstandard options" For example, you
may supply such items "at cost" or "at cost, plus a
percentage," or you may supply a quote for each such
request
_
Wirtgen Amenca can certainly offer "Sourced Goods" "Sourced
Goods" are also referred to by Wirtgen Amen. as non -contract
items, allied items, referral attachments, dealer provided
goods/services We define non -contract as Wirtgen Amenca non -
factory items, such as Field Kits and Parts for dealer installation
that appear in the pnce pages Allied equipment is defined as
other OEM equipment (ex Betek teeth) Dealer provided
goods/services are items such as, Attachments, Parts, Setup,
Installs, Inspection, Preventative Maintenance services, Extended ,
Warranty
Non -contract, allied, and dealer provided goods/services would be
sold as sourced,goods and the price of the item or service is
quoted by the Wirtgen Amenca dealer Sourced goods will appear
on the quote along with the contract item and would be listed
as "Dealer provide " -
63
Identify any element of the total cost of acquisition that is
NOT included in the pricing submitted with your response
This includes all additional charges associated with a
purchase that are not directly identified as freight or
shipping charges For example, list costs for items like pre-_
delivery inspection, installation, set up, mandatory training,
or initial inspection Identify any parties that impose such
costs and their relationship to the Proposer
Dealer provided goods and services Customer requested non -
factory goods/services will be quoted by dealer
Set-up and installation fees Dealer applied charges that cover their
costs for installing and ensunng the proper operation of sourced
goods and field attachments The set-up and installation fees are
quoted by the dealer
Pre -Delivery Inspection (PDI) A PDI is performed on all new
machine purchases to ensure proper fluid levels, check system
pressures, venfy accurate system operation, and cleaning of the unit
prior to delivery The, cost of the PDI is quoted by the dealer and
will vary by machine model and complexity
Taxes Local taxes, if applicable, will be assessed
64
If freight; delivery, or shipping is an additional cost to the
Sourcewell participating entity, describe An detail the
complete freight, shipping, and delivery program
_
-
'
,'
All shipments in the continental U S (CONUS) region will be FOB
Destination, Pre -Paid and Added Factory to dealer freight will be
quoted Local delivery by dealer td customer location will also be
quoted
Prospective buying agency must supply the full address for the end-
user's delivery location at time of quote request Should buying
agency choose not to use their nearest equipment dealer, the
preferred ,dealer needs to be clearly stated on the Purchase Order
accordingly All equipment dealers have a defined coverage area
and are not selectable by the customer
Wirtgen America will make every effort to deliver ordered items in
as timely a fashion as possible Actual delivery cannot be defined
ahead of time as warehouse dates are assigned based on number
of orders placed on the factory, logistics assignment, transit time to
local dealer, installs/setup/inspection by local dealer and final
delivery to end user In most cases, goods are delivered within 90
days, but there may be exceptions from time to time
Bid Number RFP 060122
Vendor Name Wirtgen America, Inc
LAJUUO ly 11 CI IVCIL,C ILJ OJO IJ I UIi-UCL/1-,D,I1-ULJUU-Vf JOUGGLI,,Or
65
Specifically describe freight, shipping, and delivery terms or
As is the case for the continental U S , factory to dealer freight as
programs available for Alaska, Hawaii, Canada, or any
offshore delivery
well as local delivery by dealer to end -user will be quoted and
invoiced Location specific constraints related to moves by, ocean,
barge, inland may affect final delivery time
66
Descnbe any unique distnbution and/or delivery methods or
options offered in your proposal
None noted that vary from what has previously been described
Should a request come in that requires further consideration, we will
be happy to review for applicability
Table 12 Pricing Offered
Line
Item
The Pncmg Offered in this Proposal is '
Comments
67
c better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing
departments
We are utilizing Sourcewell
as our pnmary tool for
municipal purchasing
Table 13 Audit and Administrative Fee
Line
Item,
Question -
,
Response
68
Specifically descnbe any self -audit process or program that you
plan to employ to venfy compliance with your proposed Contract
with Sourcewell This process includes ensuring that Sourcewell
participating entities obtain the proper pacing, that the Vendor
reports all sales under the Contract each quarter, and that the
Vendor remits the proper administrative fee to Sourcewell Provide
sufficient detail to support your ability to report quarterly sales to
Sourcewell as described in the Contract template
For sales that are processed through our office, the quote
and purchase order are reviewed by the contract
administrator for accuracy If the purchase order needs to
be modified, the change request is submitted pnor to
commencing the factory ordenng process
Monthly spot checks are performed by our accounting
department to ensure the department is compliant with
published pricing and contract discounts Additionally, the
accuracy of the contract sales reporting and administrative
fee paying are also audited
For sales that are processed through the dealer network, the
quote and purchase order are reviewed by the selling
dealer Dealers acquire the machines at a discount when
selling through this contract At this time pricing is verified
against contract
On a quarterly basis, Wirtgen Amenca receives a dealer
settlement report from which the dealer sales are retneved
and added to the in-house sales noted above Together, the
full report is reviewed, approved and processed for sales
reporting to Sourcewell and for payment of adman fees
69
If you are awarded a contract, provide a few examples of internal
metnos that will be tracked to measure whether you are having
success with the contract
The quarterly sales report will be reviewed by our top
management We are keeping a list of requested quotes to
review closure rate We will follow up on all lost sales to
see where we were deficient We also want to plan a
quarterly performance review with Sourcewell Account
Managers
70
Identify a proposed administrative fee that you will pay to
Sourcewell for facilitating, managing, and promoting the Sourcewell
Contract in the event that you are awarded a Contract This fee
is typically calculated as a percentage of Vendor's sales under the
Contract or as a per -unit fee, it is not a line -item addition to the
Member's cost of goods (See the RFP and template Contract for
additional details )
We propose a I% admin fee applicable only to the
equipment's contract selling pnce (List price of equipment on
contract reduced by the contract discount percentage) The
incidental, non -factory items and dealer provided goods and
services (all items not pnced/discounted by contract), will be
excluded from the calculation This process has proven
functional in the past to accurately report sales activity
stemming from dealers across the nation and for paying
admin fees in a timely fashion
Table 14A Depth and Breadth of Offered Equipment Products and Services
Line
Item
Question
a
Response"`'
71
Provide a detailed description of the
equipment, products, and services that you
are offering in your proposal
WIRTGEN is the market leader in milling machines and recyclers for road
construction, as well as the quality and technology leader in slipform pavers and
surface miners
WIRTGEN cold milling machines efficiently stnp and remove damaged paving The
possible applications range from excavation of complete road structures through
partial repairs to milling out trenches
Bid Number RFP 060122
Vendor Name Wirtgen Amenca, Inc
L IJUULDlylI DI 'VCR), IL/ OJT I IUIJ-UCLF1-,DI-4,-VL/UU-Ur ODVDDLMliDr
WIRTGEN cold recyclers remove the existing road paving by milling and mix binders
such as foamed bitumen into the granulated paving When stabilizing soil, the
recyclers mix binders such as lime or cement into moist sods, to increase their load -
bearing capacity
WIRTGEN slipform pavers pave high -volume camageways and other traffic areas as
well as concrete monolithic profiles in one continuous process
VOGELE offers a complete range of pavers, paving screeds and feeders and is the
world market leader and pacesetter in the industry
VOGELE pavers of the SUPER series boast practically -oriented machine
dimensions, large paving withs, high compaction performances and an outstanding
mobility Altogether, this makes for a high economic efficiency and reliability
HAMM is the roller specialist and the No 1 in asphalt compaction The compactor's
lob is to produce a high load -bearing capacity Compactors from HAMM achieve
this through maximum productivity and quality, combined with low consumption and
comfortable operation The large range includes machines from 5 to 25 t with
smooth, padfoot and VC crusher drums
The articulated tandem rollers of our HD COMPACTLINE SERIES are perfectly
adapted to applications on smaller road construction and landscaping sites These
highly manoeuvrable machines permit economical compaction even on very cramped
sites
The articulated tandem rollers of our HD+ SERIES are perfectly designed for road
construction and for the paving of large asphalt surfaces The convince with high
compaction qualrty and excellent visibility The new operating concept Easy Dnve
stands for intuitive operation and an ergonomically optimized workplace
Rubber -wheeled rollers of the HP SERIES are used to compact asphalt pavements
They convince due to their high compaction quality and the flexible ballast design
The comfortable operator platform, compact dimensions and sight channels in the
asymmetric frame offer drivers improved comfort and visibility
Compactors of the H COMPACTLINE SERIES are alirounders for earthwork
applications Their convincing arguments are easy operations, powerful gradeabdity
and compact dimensions
Compactors of the H SERIES for earthwork applications are characterized by top
perfomace, perfect visibility and powerful gradeabdity The new operating concept
Easy Drive stands for intuitive operation and an ergonomically optimized workplace
These compactors are equipped with the latest exhaust technology
KLEEMANN The crushing plants in the MOBICAT series are used for pre -crushing
of almost all natural stone and for recycling The output of the MOBICAT crushing
plants, however, is not determined by the law crusher alone, but rather the optimised
interaction all components plays a decisive role The focus is also increasingly on
cost and environmental consciousness, availability of the plants, versatility and quality
of the final product
KLEEMANN The mobile MOBICONE cone crushers are used in medium -hard to
hard and abrasive natural stone as well as for raw material preparation in mining
applications The cone crushers delivery top quality cubic final grain sizes in the 2nd
and 3rd crushing stage The MOBICONE plants are available in different sizes and
for venous applications The cone crushers are particularly suitable for linking with
pnmary crushers and screening plants
KLEEMANN The mobile MOBIREX impact crushers are used in soft to medium -hard
natural stone and in recycling The performance of the plants is impressive — not
lust in terms of pure volume reduction The focus today is on cost and
environmental awareness, availability, versatility and, above all, the quality of the end -
product to be achieved The MOBIREX plants crush stone so efficiently that the
grain shape, grain size distribution and cleanness comply with the strict standards
for concrete and asphalt aggregates
KLEEMANN The MOBISCREEN mobile screening plants are used for screening
almost all natural stone and in recycling The classifying and scalping screens are
available with two or three decks, with hydraulic or diesel-electric drives The areas
of application of the MOBISCREEN plants are multifaceted A large number of
suitable screen surfaces are available for achieving the different final grain sizes
and for different feed matenal
Bid Number RFP 060122 Vendor Name Wirtgen America, Inc
LlUL.UJIyl I CI IVCIUpC IL, OJD I IO,-UCLIA-4O1..M-UL/UU-UrJOC CCL/A1...Dr
72
Within this RFP category there may be
subcategones of solutions List subcategory
titles that best describe your products and
services
Small Milling machines
Models W35XR, W50 Ri, W60 Ri, W100 Ri, W120Ri
Compact Milling machines
Models W100 Fr, W120 Fi, W120FTi, W130 Fi, W150 XFI
Large Milling machines
Models W200 Hi, W210Fi, W220Fi, W250Fi
Cold Recyciers and Sod Stabilizers
Models WR200 XII, WR240i, WR250i
Tractor towed Sod Stabilizers
Models WS220, WS250
Slipform Pavers
Models SP15i, SP25i
Binding Agent Spreader
Models SW 16TC, SW 20MC
VOGELE - SUPER Series
Mini class
Models SUPER 700-3i
Compact class
Models SUPER 1300-3i
Universal class
Models SUPER 1700-3i, SUPER 1703-3i
Highway class
Models SUPER 2000-3i, SUPER 2003-3i
HAMM
Articulated tandem rollers of the HD CompactLine Senes
Models HD 8, HD 10C, HD 10, HD12, HD13, HD14
Articulated tandem rollers of the HD+ Series
Models HD+ 70i, HD+ 80i, HD+ 90i, HD+ 1101, HD+ 120i, HD+ 140i
Articulated tandem rollers of the DV+ Senes
Models DV+ 70i, DV+ 90i
Rubber -wheeled rollers of the HP Series
Models HP 1801, HP 280i
Compactors of the H CompactLme Series
Models H5i, H7i
Compactors of the H Series
Models H10i, H12i, H13i, H16i, H18i, H2Oi, H25i
Trench Roller
Model HTC15
KLEEMANN
Mobile jaw crushers
Models MOBICAT MC 100i EVO, MOBICAT MC 110i EVO2,
MOBICAT MC 120i PRO
Mobile cone crushers
Models MOBICONE MCO 110i PRO, MOBICONE MCO 90i
EVO2,
Mobile impact crushers
Models MOBIREX MR 110i EVO2, MOBIREX MR 122 Zi,
MOBIREX MR 130i EVO2
Mobile screening plants
Models MOBISCREEN MSS 802i EVO, MOBISCREEN MS
13 Z
MOBISCREEN MS 15 Z, MOBISCREEN MS
702i EVO,
MOBISCREEN MS 703i EVO, MOBISCREEN
MS 952i EVO,
MOBISCREEN MS 953i EVO, MOBISCREEN
MS 21 Z
Bid Number RFP 060122
Vendor Name Wirtgen America, Inc
LJtJUUOl I I CI IVCIVpe ILJ. UJD I J I Ul.i—UCL/`1—'fiUl_a/-1—�LJUU—Uf JCVCCL/-1lACr
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
73
Asphalt
pavers, screeds,
distributors,
and
loaders
a
r
Yes
No
74
Steel
-wheeled
and
pneumatic
tire rollers
r
r
Yes
No
75
Wideners,
compactors
tack
distributors,
cold
planers,
and
a
r
Yes
No
76
Concrete
equipment
mixers, and
gunite
or shotcrete
delivery
r
r
Yes
No
77
Other
r;
r
Yes
No
Milling
Soil
Binding
Stabilizers,
machines,
Agent
Spreaders
Slipform
Cold
Recyclers
Pavers,
and
Table 15: Exceptions to Terms, Conditions, or Specifications Form
Line Item 78. NOTICE: To identify any exception, or to request any modification, to the Sourcewell template Contract terms, conditions,
or specifications, a Proposer must submit the exception or requested modification on the Exceptions to Terms, Conditions, or
Specifications Form immediately below. The contract section, the specific text addressed by the exception or requested modification,
and the proposed modification must be identified in detail. Proposer's exceptions and proposed modifications are subject to review and
approval of Sourcewell and will not automatically be included in the contract.
Contract
Section
Term,
Condition, or Specification
Exception
or Proposed
Modification
Documents
Ensure your submission document(s) conforms to the following:
1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.
2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to
ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed
by Sourcewell.
3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.
4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the
zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding
to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan."
• Pricing - 2022-2023 Price File for U.S_Wirtgen America.zip - Wednesday June 01, 2022 15:36:09
• Financial Strength and Stability - 2021 Annual Report - Table 2 - Question 12.zip - Wednesday June 01, 2022 12:16:20
• Marketing Plan/Samples (optional)
• WMBE/MBE/SBE or Related Certificates - Certificate ISO 14001 - Table 8 - Question 43.zip - Wednesday June 01, 2022 12:16:38
• Warranty Information - Warranty Handbooks- Table9A - Question 46,47,50.zip - Wednesday June 01, 2022 12:16:54
• Standard Transaction Document Samples - Standard Transaction Documents - Table 10 - Question 57.zip - Wednesday June 01,
2022 12:17:16
• Upload Additional Document (optional)
Bid Number: RFP 060122 Vendor Name: Wirtgen America, Inc.
LAJUUJIIJ. l 1 CI IVC;IUJpC IU. OJD I 1 Vl—s—CJCLtA "1Col.i/-1—VUUU—Vf JOUCCL/ LifOr
Addenda, Terms and Conditions
PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the
Proposer to this Affidavit and Assurance of Compliance:
1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in
the jurisdiction of its residence.
2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for
contract award.
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, ana services in
accordance with the terms, conditions, and scope of a resulting contract.
7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or
certifications necessary to deliver such equipment, products, or services under any resulting contract.
8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are
acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and
related services to Sourcewell Members under an awarded Contract.
9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.
10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either
substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic
data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes
Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under
Minnesota's Data Practices Act.
11. Proposer its employees, agents, and subcontractors are not:
1. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control
of the United States Department of the Treasury found at: https://www.treasury.gov/ofac/downloads/sdnlist.pdf;
2. Included on the government -wide exclusions lists in the United States System for Award Management found at:
https://sam.gov/SAM/; or
3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated
Bid Number: RFP 060122 Vendor Name: Wirtgen America, Inc.
uuuuoi I I CI IV c-AOE./C IU. OJC I J I UL..-UCL/'1-1+Cl_it1-�OOO-UrJCVCCL.FAL,Cr
by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any
Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense
related to the subject matter of this solicitation.
r- By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this
Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if
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. - Melanie Braband, Contract Administrator, Wirtgen America, Incorporated
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_4_Roadway_Paving_Egpt_RFP_060122
Tue May 24 2022 04:31 PM
Addendum_3_Roadway_Paving_Egpt_RFP_060122
Thu May 19 2022 09:01 AM
Addendu m_2_Roadway_Pavi ng_Eq pt_RFP_060122
Fri April 29 2022 04:09 PM
Addendum_1_Roadway_Paving_Eqpt _RFP_060122
Fri April 15 2022 03:54 PM
I have reviewed the
below addendum and
attachments (if
applicable)
r
r
r
Pages
1
1
1
1
Bid Number: RFP 060122 Vendor Name: Wirtgen America, Inc.
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