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HomeMy WebLinkAboutP-25-055 Crafco Inc..pdf DocuSign Envelope ID:DDA7E4FF-4280-4D61-87C7-B7807C8AC4D3 P-25-055 County of Fresno Procurement Agreement 080521-CFC Sourcewell Solicitation Number: RFP #080521 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Crafco Inc., 6165 W. Detroit St., Chandler, AZ 85226 (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 Maintenance 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 October 11, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier. C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Supplier's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. Rev. 3/2021 1 DocuSign Envelope ID:DDA7E4FF-4280-4D61-87C7-B7807C8AC4D3 P-25-055 County of Fresno Procurement Agreement 080521-CFC 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 returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable Rev. 3/2021 2 DocuSign Envelope ID:DDA7E4FF-4280-4D61-87C7-B7807C8AC4D3 P-25-055 County of Fresno Procurement Agreement 080521-CFC 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 anytime 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 anytime through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must: • Identify the applicable Sourcewell contract number; • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and Rev. 3/2021 3 DocuSign Envelope ID:DDA7E4FF-4280-4D61-87C7-B7807C8AC4D3 P-25-055 County of Fresno Procurement Agreement 080521-CFC • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference. S. 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 maybe required to perform work at government- owned facilities, including schools. Supplier's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity Rev. 3/2021 4 DocuSign Envelope ID:DDA7E4FF-4280-4D61-87C7-B7807C8AC4D3 P-25-055 County of Fresno Procurement Agreement 080521-CFC payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract. Supplier's acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: • Maintenance and management of this Contract; • Timely response to all Sourcewell and Participating Entity inquiries; and Rev. 3/2021 5 DocuSign Envelope ID:DDA7E4FF-4280-4D61-87C7-B7807C8AC4D3 P-25-055 County of Fresno Procurement Agreement 080521-CFC • Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made). The Report must contain the following fields: • Participating Entity Name (e.g., City of Staples Highway Department); • Participating Entity Physical Street Address; • Participating Entity City; • Participating Entity State/Province; • Participating Entity Zip/Postal Code; • Participating Entity Contact Name; • Participating Entity Contact Email Address; • Participating Entity Contact Telephone Number; • Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Supplier. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased 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 Rev. 3/2021 6 DocuSign Envelope ID:DDA7E4FF-4280-4D61-87C7-B7807C8AC4D3 P-25-055 County of Fresno Procurement Agreement 080521-CFC mailed to the address above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Supplier's Authorized Representative is the person named in the Supplier's Proposal. If Supplier's Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER,AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties. D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties. Rev. 3/2021 7 DocuSign Envelope ID:DDA7E4FF-4280-4D61-87C7-B7807C8AC4D3 P-25-055 County of Fresno Procurement Agreement 080521-CFC E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses.This Contract does not create a partnership,joint venture, or any other relationship such as master-servant, or principal-agent. 11. INDEMNITY AND HOLD HARMLESS Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell's responsibility will be governed by the State of Minnesota's Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law. 12. GOVERNMENT DATA PRACTICES Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell's relationship with Supplier. b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier's trademarks in advertising and promotional materials for the purpose of marketing Supplier's relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively "Permitted Sublicensees") in Rev. 3/2021 8 DocuSign Envelope ID:DDA7E4FF-4280-4D61-87C7-B7807C8AC4D3 P-25-055 County of Fresno Procurement Agreement 080521-CFC advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Neither party may alter the other party's trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's trademarks only in good faith and in a dignified manner consistent with such party's use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services. Rev. 3/2021 9 DocuSign Envelope ID:DDA7E4FF-4280-4D61-87C7-B7807C8AC4D3 P-25-055 County of Fresno Procurement Agreement 080521-CFC 14. GOVERNING LAW,JURISDICTION,AND VENUE The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Rev. 3/2021 10 DocuSign Envelope ID:DDA7E4FF-4280-4D61-87C7-B7807C8AC4D3 P-25-055 County of Fresno Procurement Agreement 080521-CFC The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers'Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below.The coverage must be subject to terms Rev. 3/2021 11 DocuSign Envelope ID:DDA7E4FF-4280-4D61-87C7-B7807C8AC4D3 P-25-055 County of Fresno Procurement Agreement 080521-CFC no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer's Liability, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data —including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsements) must further provide that coverage is Rev. 3/2021 12 DocuSign Envelope ID:DDA7E4FF-4280-4D61-87C7-B7807C8AC4D3 P-25-055 County of Fresno Procurement Agreement 080521-CFC primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing. Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. Rev. 3/2021 13 DocuSign Envelope ID:DDA7E4FF-4280-4D61-87C7-B7807C8AC4D3 P-25-055 County of Fresno Procurement Agreement 080521-CFC 21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to "federal" should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Supplier's Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of"federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of$2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. Rev. 3/2021 14 DocuSign Envelope ID:DDA7E4FF-4280-4D61-87C7-B7807C8AC4D3 P-25-055 County of Fresno Procurement Agreement 080521-CFC C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. If the federal award meets the definition of"funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of$150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names Rev. 3/2021 15 DocuSign Envelope ID:DDA7E4FF-4280-4D61-87C7-B7807C8AC4D3 P-25-055 County of Fresno Procurement Agreement 080521-CFC of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier's personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation Rev. 3/2021 16 DocuSign Envelope ID:DDA7E4FF-4280-4D61-87C7-B7807C8AC4D3 P-25-055 County of Fresno Procurement Agreement 080521-CFC and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the 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. 0. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier's actions pertaining to this Contract or any purchase by a Participating Entity. P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments. Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested. R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism. S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216. Rev. 3/2021 17 DocuSign Envelope ID:DDA7E4FF-4280-4D61-87C7-B7807C8AC4D3 P-25-055 County of Fresno Procurement Agreement 080521-CFC T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322. 22. CANCELLATION Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier's Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell Crafco Inc. DocuSigned by: DocuSigned by: EBy: COFD2A139D06489... By: 8F822047DF4445B... 1 Jeremy Schwartz N. Thomas Kelly Title: Chief Procurement Officer Title: Vice President Sales and Marketing Date: 10/5/2021 1 8:30 PM CDT Date: 10/5/2021 1 1:20 PM PDT Approved: E DoccuSSigned by: �V<N By: 7E42B8F817A64CC... Chad Coauette Title: Executive Director/CEO 10/5/2021 1 8:46 PM CDT Date: Rev. 3/2021 18 DocuSign Envelope ID:DDA7E4FF-4280-4D61-87C7-B7807C8AC4D3 P-25-055 County of Fresno Procurement Agreement RFP 080521 - Roadway Maintenance Equipment Vendor Details Company Name: Crafco Inc. Does your company conduct business under any other name?If AZ yes, please state: 6165 W Detroit St Address: Chandler,AZ 85226 Contact: Bryan Darling Email: bryan.darling@crafco.com Phone: 602-276-0406 8041 Fax: 480-961-0513 HST#: 860324978 Submission Details Created On: Thursday June 17,2021 12:41:38 Submitted On: Monday August 02, 2021 12:48:32 Submitted By: Angie Hoaglin Email: angie.hoaglin@crafco.com Transaction#: 9c568ab1-33ec-42ae-be15-9e64d1fa6b81 Submitter's IP Address: 174.77.66.50 Bid Number: RFP 080521 Vendor Name: Crafco Inc. DocuSign Envelope ID: DDA7E4FF-4280-4D61-87C7-B7807C8AC4D3 P-25-055 County of Fresno Procurement Agreement Specifications Table 1: Proposer Identity&Authorized Representatives General Instructions(applies to all Tables)Sourcewell prefers a brief but thorough response to each question.Do not merely attach additional documents to your response without also providing a substantive response.Do not leave answers blank;respond"N/A"if the question does not apply to you(preferably with an explanation). Line Item Question Response* 1 Proposer Legal Name (one legal entity only): (In the Crafco, Inc. event of award, will execute the resulting contract as "Supplier") 2 Identify all subsidiary entities of the Proposer whose Crafco is an authorized distributor for the KM International and Graco products we are offering on this equipment, products, or services are included in the proposal. While Crafco is affiliated with these companies, they are not subsidiaries of Crafco. Proposal. 3 Identify all applicable assumed names or DBA names of N/A the Proposer or Proposer's subsidiaries in Line 1 or Line 2 above. 4 Proposer Physical Address: 6165 W. Detroit St. Chandler, AZ 85226 5 Proposer website address (or addresses): www.crafbo.com www.graco.com www.kmintemational.com 6 Proposer's Authorized Representative (name, title, N. Thomas Kelly, Vice President Sales and Marketing, 6165 W. Detroit St. Chandler, AZ 85226, address, email address & phone) (The representative tom.kelly@crafco.com, 602-276-0406 must have authority 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): 7 Proposer's primary contact for this proposal (name, title, Bryan Darling, Regional Manager, 6165 W. Detroit St. Chandler, AZ 85226, bryan.darling@crafoo.com, address, email address & phone): 602-276-0406 8 Proposer's other contacts for this proposal, if any Angie Hoaglin, Sales & Contract Administrator, 6165 W. Detroit St. Chandler, AZ 85226, (name, title, address, email address & phone): angie.hoaglin@crafco.com, 602-276-0406 Bid Number: RFP 080521 Vendor Name: Crafco Inc. DocuSign Envelope ID: DDA7E4FF-4280-4D61-87C7-B7807C8AC4D3 P-25-055 Table 2: Company Information and Financial Strength County of Fresno Procurement Agreement Line Item Question Response' 9 Provide a brief history of your company, including your Since 1976, Crafoo, Inc. has supplied the pavement preservation industry with quality products company's core values, business philosophy, and including roadway maintenance equipment and pavement preservation materials. Crafco is the only industry longevity related to the requested equipment, manufacturer in the pavement preservation industry that manufactures equipment and materials to products or services. provide a total pavement preservation solution. This gives Crafco a better understanding of how the melters and crack sealants should work together and apply the product in the most efficient way possible. This provides the agencies that best possible equipment and materials for their needs. VISION STATEMENT: To be the global leader in preservation and modified asphalt science through a relentless pursuit of exceptional relationships, unsurpassed quality, innovation, and exceeding expectations. MISSION STATEMENT: We produce, promote, and supply specialized preservation products to the pavement, roofing and waterproofing industries. VALUES: EMPOWERED SERVICE- Together, we are committed to delivering unparalleled service. We do what's right, provide solutions and foster stronger relationships with our team and customers. SELFLESS LEADERSHIP-We lead with compassion and put those around us before ourselves. We don't say we're the experts; we demonstrate it through technical expertise, category innovation and genuine care for what we do. PURPOSEFUL GROWTH- Employee growth and company growth go hand in hand. We build our legacy together to ensure future success. RESPECTFUL RELATIONSHIPS- Together we foster a culture of respect, acceptance and diversity of ideas and of people. Our differences make us stronger, and we are united by our shared values. 10 What are your company's expectations in the event of In the event of an award, Crafco expects 60-70 units with 1,000,000-1,500,000 pounds of material an award? each year. Per our current Sourcewell contract we have sold 169 units and 1,856,070 pounds of material. Looking to grow by 25%. 11 Demonstrate your financial strength and stability with Attached. 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. 12 What is your US market share for the solutions that 70% you are proposing? 13 What is your Canadian market share for the solutions 30-40% that you are proposing? 14 Has your business ever petitioned for bankruptcy No protection? If so, explain in detail. 15 How is your organization best described: is it a Crafco is an authorized distributor for the KM and Graco products we are offering on this proposal. manufacturer, a distributor/dealer/reseller, or a service Company owned Supply Centers strategically located throughout the US to provide service and support provider? Answer whichever question (either a) or b) for the products we are offering. just below) best applies to your organization. a) If your company is best described as a Crafco covers 50 States with 24 independent Distributors and 18 Crafco owned Service Centers. distributor/dealer/reseller(or similar entity), provide your Crafco has 4 Regional Managers that manage 29 Territory Sales Mangers across the United States. written authorization to act as a Our International Department has 1 Territory Manager for Canada and 4 independent Distributors with distributor/dealer/reseller for the manufacturer of the one Crafco warehouse. Crafco works with all of their Distributors to provide warranty and general products proposed in this RFP. If applicable, is your service and repair facilities across the US and Canada. dealer network independent or company owned? b) If your company is best described as a manufacturer or service provider, describe your relationship with your sales and service force and with your dealer network in delivering the products and services proposed in this RFP. Are these individuals your employees, or the employees of a third party? 16 If applicable, provide a detailed explanation outlining Crafco holds numerous business licenses and resell licenses for all States and local agencies across the licenses and certifications that are both required to the United States and Canada where we manufacturer and distribute directly to customers. We also be held, and actually held, by your organization require our Distribution to provide the appropriate licensing in all jurisdictions in which they are (including third parties and subcontractors that you use) conducting business. in pursuit of the business contemplated by this RFP. 17 Provide all "Suspension or Debarment' information that N/A has applied to your organization during the past ten years. Bid Number: RFP 080521 Vendor Name: Crafco Inc. DocuSign Envelope ID: DDA7E4FF-4280-4D61-87C7-B7807C8AC4D3 P-25-055 Table 3: Industry Recognition&Marketplace Success County of Fresno Procurement Agreement Line Item Question Response* 18 Describe any relevant industry awards or recognition Roads & Bridges' Contractor's Choice Award (7 years in a row) for best equipment in the industry. that your company has received in the past five years Top 5 for all advertisers and #1 in the Industry in AdStudy conducted by Signet Research Inc. Maintenance Superintendent Association (MSA) has awarded one of Crafco Regional Managers in 2018 with the Stellar Vendor award and in 2020 this award was given to one of Crafco's Territory Managers. 19 What percentage of your sales are to the 55% governmental sector in the past three years 20 What percentage of your sales are to the education Less than 1% sector in the past three years 21 List any state, provincial, or cooperative purchasing Sourcewell $10,883,750.17 contracts that you hold. What is the annual sales BUYBOARD $627,790.94 volume for each of these contracts over the past three HGAC: $251,156.46 years? 22 List any GSA contracts or Standing Offers and Supply N/A Arrangements (SOSA) that you hold. What is the annual sales volume for each of these contracts over the past three years? Table 4: References/Testimonials Line Item 23.Supply reference information from three customers who are eligible to be Sourcewell participating entities. Entity Name' Contact Name Phone Number Deschutes County, OR Randy McCulley 541-322-7125 City of Tempe, AZ Adam Padilla 480-350-8707 NYSDOT Lou Cardinale 845-647-5614 Lee County, AL Patrick Harvill 334-737-7011 Table 5:Top Five Government or Education Customers Line Item 24.Provide a list of your top five government,education,or non-profit customers(entity name is optional),including entity type,the state or province the entity is located in,scope of the 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 Volume Past Three Years DELDOT Government Delaware-DE Sealant & Equipment Equipment (3) Sealant (585,000 $473,554.32 Lbs.) SDDOT Government South Dakota-SD Equipment Equipment (5) $312,157.04 City of Roseville Government California-CA Sealant& Equipment Equipment (3) Sealant (84,000 $233,852.77 Lbs.) City of Barstow Government California-CA Sealant & Equipment Equipment (1) Sealant (126,000 $195,992.42 Lbs.) City of Buckeye lGovemment I Arizona-AZ JEquipment I Equipment (2) 1$187,707.22 Table 6:Ability to Sell and Deliver Service Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada,as applicable.Your response should address in detail at least the following areas:locations of your network of sales and service providers,the number of workers(full-time equivalents)involved in each sector, whether these workers are your direct employees(or employees of a third party),and any overlap between the sales and service functions. Line Item Question Response* 25 Sales force. 30 Territory Managers in the US (Crafco employees) AL 1 —AK 1 —AZ 3—AR 1 —CA 4 — CO 1 —CT 2— DE 1 — FL 1 — GA 1 — HI 1 — ID 1 — IL 2— IN 2 — IA 1 — KS 1 — KY 1 — LA 1 — ME 2— MD 1 — MA2 — MI 1 — MN 1 — MS 1 — MO 2— MT1 — NE1 — NV1 — NH2— NJ1 — NM 1 — NY 1 — NC 1 — ND 1 —OH 1 — OK1 — OR 1 — PA2— RI2— SC 1 —SD 1 —TN 2 —TX4— UT 1 —VT2—VA 1 —WA2—WV 1 —WI 1 —WY1 1 Territory Manager in Canada (Crafco employee) 26 Dealer network or other distribution methods. 21 US Distributors with single State locations average of 2-4 salespeople 3 US Distributors with 2-7 multiple State locations and 5-8 salespeople 4 Canada Distributors single locations average of 2-4 salespeople Bid Number: RFP 080521 Vendor Name: Crafco Inc. DocuSign Envelope ID: DDA7E4FF-4280-4D61-87C7-B7807C8AC4D3 27 Service force. CRAFCO SUPPLY CENTERS County of Fresno Procurement Agreement Anderson, CA 4 Direct Employees Bridgeton, MO 2 Direct Employees Edmond, OK 6 Direct Employees Evansville, IN 5 Direct Employees Farmer's Branch, TX 3 Direct Employees Fontana, CA 3 Direct Employees Lee's Summit, MO 3 Direct Employees Millbury, MA 4 Direct Employees Nashville, TN 5 Direct Employees Nassau, NY 5 Direct Employees Newtown, CT 2 Direct Employees Portland, ME 1 Direct Employee Portland, OR 3 Direct Employees Sacramento, CA 3 Direct Employees San Antonio, TX 5 Direct Employees Tulsa, OK 2 Direct Employees Wichita, KS 3 Direct Employees MANUFACTURING/SERVICE CENTERS 8 PLANTS Allentown, PA 6 Service Center employees (does not include all manufacturing staff) Cheyenne, WY 2 Service Center employees (does not include all manufacturing staff) DeKalb, IL 2 Service Center employees (does not include all manufacturing staff) Chandler, AZ (2) Two strategically located service Centers with 2 Service Center employees (does not include all manufacturing staff) Halls, TN 2 Service Center employees (does not include all manufacturing staff) Naples, TX 2 Service Center employees (does not include all manufacturing staff) Youngstown, OH 2 Service Center employees (does not include all manufacturing staff) 28 Describe the ordering process. If orders will be DIRECT SALES: Once contacted by the Agency interested on purchasing off of the Sourcewell contract, handled by distributors, dealers or others, explain the the Territory Manager in the area will work with the Agency on which piece of equipment or material respective roles of the Proposer and others. fits their needs and requirements. They will fill out the Worksheet with all information priced out along with an internal quote. This must be approved by Angie Hoaglin, the Contract Administrator for Crafoo. The Territory Manager will submit the worksheet to the Agency for review. Once approved, the PO will need to be made out to Crafco, Inc. along with the approved worksheet and sent to Angie Hoaglin at angie.hoaglin@crafco.com . Once the notice to proceed is given, Angie will notify Customer Service and the specific plant by sending a copy of the worksheet, Crafco quote and PO. Once equipment is received, the Territory Manager will be responsible for making the final delivery to the Agency and conducting the start-up training and safety training. Crafco will invoice the Agency. Once paid, Crafco will pay the Sourcewell fee. DISTRIBUTORS: It will be their responsibility to fill out the worksheet with equipment, options, materials, delivery, taxes etc. The worksheet will be sent to Angie Hoaglin, the Contract Administrator for Crafco to be checked, approved and returned with a quote for reference when placing an order. Distributor will submit worksheet to the Agency for approval and Purchase Order. Once the notice to proceed is given, Angie will notify Customer Service and the specific plant by sending a copy of the worksheet, Crafco quote and PO. Once equipment is received, the Distributor will be responsible for making the final delivery to the Agency and conducting the start-up training and safety training. Once paid, Crafco will pay the Sourcewell fee. Crafoo will ship and invoice the Distributor. Distributor is responsible for invoicing the customer. 29 Describe in detail the process and procedure of Once an inquiry has been made, our direct sales staff is able to respond to the customer's request your customer service program, if applicable. within a day of the inquiry from the customer. All sales force is well versed in the Crafco/Graco/ KM Include your response-time capabilities and International product lines. Our sales staff can handle demos for new customer inquiries to help commitments, as well as any incentives that help Agencies determine the type of machine that best suits their needs. Crafco works closely with its your providers meet your stated service goals or Distributors when involved in the sale of the equipment to make sure that all the customers' needs are promises. met, from the delivery, new equipment start-up training and warranty service after the sale. 30 Describe your ability and willingness to provide your Crafoo is willing and able to provide equipment, materials and service within all 50 states. 7 sealant products and services to Sourcewell participating manufacturing plants strategically placed across the Country minimize freight cost to the end users. One entities in the United States. equipment manufacturing plant in Chandler, Arizona that use a very coordinated shipping plan to move equipment across the country at the most competitive cost possible. Crafco has 24 US Distributors with 30 Territory Managers. 31 Describe your ability and willingness to provide your Crafco has one of its oldest Distributors based in Canada with 45 years selling and servicing the products and services to Sourcewell participating Canadian market. Crafco currently has 4 Distributors and 1 Territory Manager in Canada. We would like entities in Canada. to extend all products and services. All sales of products into Canada are based on US Price List in US Dollars. Payment will be made in USD or current (date of invoice) equivalent Canadian dollars. We also work with Canoe, which represents all the Canadian Provinces. With our current Sourcewell contract we are working with Canadian Armed Forces in Goose Bay. 32 Identify any geographic areas of the United States N/A or Canada that you will NOT be fully serving through the proposed contract. 33 Identify any Sourcewell participating entity sectors N/A (i.e., government, education, not-for-profit) that you will NOT be fully serving through the proposed contract. Explain in detail. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? 34 Define any specific contract requirements or N/A restrictions that would apply to our participating entities in Hawaii and Alaska and in US Territories. Bid Number: RFP 080521 Vendor Name: Crafco Inc. DocuSign Envelope ID: DDA7E4FF-4280-4D61-87C7-B7807C8AC4D3 P-25-055 Table 7: Marketing Plan County of Fresno Procurement Agreement Line Item Question Response* 35 Describe your marketing strategy for promoting Crafco will provide awareness to the marketplace by including Sourcewell in our marketing and advertising. this contract opportunity. Upload For example: include Sourcewell in literature used by sales representatives when talking with customers every representative samples of your marketing day, include Sourcewell at tradeshows, conducted regionally (102 shows last 3 years) and nationally (18 materials (if applicable) in the document shows last 3 years) reaching thousands of people every year, include Sourcewell on www.crafoo.com website upload section of your response. reaching 9,500 people a month and on outbound email advertising which reaches 40,000 people a month. Once awarded, the Sourcewell awarded logo will be added within all of these. 36 Describe your use of technology and digital Crafco's social media posts focus on our products, financing, promotions and Supply Centers. We also share data (e.g., social media, metadata usage) to customers posts that feature Crafco products to help maintain engagement. enhance marketing effectiveness. Facebook has 1,570 followers (+22% over last 18 months) Linkedln has 1,761 followers (+63% over last 18 months) YouTube has 228 followers (+93% over last 18 months) Over the last year, Crafco has developed and posted Troubleshooting videos to help end users with quick field repairs and service. Launched Instagram July 2021 Crafco runs multiple print ads in a variety of industry publications as well as 1000's digital ads with our email marketing campaigns per year. 37 In your view, what is Sourcewell's role in After Crafco's initial launch of its contract in 2017, extensive training for our sales team was developed to promoting contracts arising out of this RFP? utilize the Sourcewell contract and how to work with Agencies in providing best equipment and sealant How will you integrate a Sourcewell-awarded solutions. This training is ongoing with webinars and Crafco University in house training. This training is also contract into your sales process? extended to our Distributor network and their sales team. Sourcewell's role is being accessible to members and non-members looking for information on how to use the contract as well as legal questions regarding purchasing equipment and material from the contract. 38 Are your products or services available No, Crafco does not utilize an e-procurement processing system. through an e-procurement ordering process? If so, describe your e-procurement system and how governmental and educational customers have used it. Bid Number: RFP 080521 Vendor Name: Crafco Inc. DocuSign Envelope ID: DDA7E4FF-4280-4D61-87C7-B7807C8AC4D3 P-25-055 Table 8:Value-Added Attributes County of Fresno Procurement Agreement Line Item Question Response' 39 Describe any product, equipment, Operational and safety training is standard with each delivery of machine. This is completed either by the maintenance, or operator training Distributor or direct sales representative in that area at no cost to the customer. Each new Crafco unit programs that you offer to Sourcewell delivered to the end user includes up to 8 hours of on-site training and safe operation techniques for the participating entities. Include details, such equipment. Periodic training is available at the end user request. Crafco provides ongoing equipment training as whether training is standard or seminars as well as web-based training and troubleshooting. optional, who provides training, and any costs that apply. 40 Describe any technological advances that With over 45 years of manufacturing experience, Crafco has been the leader in the pavement preservation your proposed products or services offer. equipment with advancements in safety controls with our on-demand pump system that stops the flow of sealant if the application wand is dropped, keeping the operator from getting burned from sealant splashing from the wand. The Pump Lockout system was also developed to keep the operator from trying to pump sealant before it is heated to the proper temperature and causing premature wear on the pump. New engine operation controls are being used to operate and monitor the entire unit and override operator errors. This control panel also allows the engine to run at a lower speed while heating up, once the melter is ready to start pumping, the engine speeds up to produce more power. This makes the Crafco matters much more fuel efficient. Crafco's engineering and designs make our crack sealing and patching equipment the safest in the marketplace. 41 Describe any"green" initiatives that relate Crafco utilizes Tier 4 engines which meet Emission Standards. Crafoo developed the Crack-Vac filter system to your company or to your products or for cleaning the cracks and joints in asphalt and concrete roadways and parking lots. This system contains services, and include a list of the particle matter down to ten microns (PM-10)which complies with the strict air quality standards in effect today. certifying agency for each. Crafco also developed the Dust Control Router which eliminates occupational exposure to respirable crystalline silica and reduces dust by 96% when routing cracks and joint for sealant application. Many Crafco sealants are blended with recycled ground tire rubber, as a company, Crafco utilizes approximately 10 million pounds of recycled tire rubber a year. Crafco's sealant Box packaging contains recycled cardboard and is 100% recyclable. Over the past several years Crafco has patented 2 different boxless packages for sealant that eliminates cardboard boxes and is environmentally friendly with all waste eliminated. 42 Identify any third-party issued eco-labels, N/A 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. 43 Describe any Women or Minority N/A 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. 44 What unique attributes does your Crafco has been in business since 1976 serving the Pavement Preservation Industry. Crafco has engineers that company, your products, or your services are members of the ASTM committees that work on sealant specifications for the Country. Crafco is also offer to Sourcewell participating entities? involved with several sealant test decks across the Country: National Transportation Product Evaluation Program, What makes your proposed solutions National Center for Asphalt Technology and the MNROADS testing facility in Minnesota. This involvement unique in your industry as it applies to assures that Crafoo sealants are designed and manufactured to the highest quality and deliver the best Sourcewell participating entities? performance possible for the Agency's needs. Each of the sealant manufacturing plants for Crafoo have testing labs. Every manufacturing lot of material is tested and is certified that the sealants meet the specification it was manufactured to before it is shipped to the end user. This guarantees the products quality. The Crafco equipment plant has a very extensive AQ, QC program, that includes the run up of all pieces of equipment to assure all operational aspects of the equipment. All pieces of equipment are inspected and signed off by the QC Manager before shipment. All KM and Graco equipment will be received either at a Crafco facility or Distributor and will be run up to make sure the equipment is in good working order and ready to be delivered to the Agency. Crafco is the only manufacturer of equipment and materials to provide a total pavement preservation solution. This gives Crafoo a better understanding of how the melters should work and apply the product in the most efficient way possible. Bid Number: RFP 080521 Vendor Name: Crafco Inc. DocuSign Envelope ID:DDA7E4FF-4280-4D61-87C7-B7807C8AC4D3 P-25-055 Table 9A:Warranty County of Fresno Procurement Agreement Describe in detail your manufacturer warranty program,including conditions and requirements to qualify,claims procedure,and overall structure.You may upload representative samples of your warranty materials(if applicable)in the document upload section of your response in addition to responding to the questions below. Line Item Question Response" 45 Do your warranties cover all products, parts, and labor? Warranty covers products and parts. Detailed warranty information specific to each product offered can be found in the attached documents. 46 Do your warranties impose usage restrictions or other N/A limitations that adversely affect coverage? 47 Do your warranties cover the expense of technicians' travel Warranty does not cover travel expense. time and mileage to perform warranty repairs? 48 Are there any geographic regions of the United States or All geographic regions are covered. 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? 49 Will you cover warranty service for items made by other Warranties will be passed on to the original equipment manufacturer. manufacturers that are part of your proposal, or are these warranties issues typically passed on to the original equipment manufacturer? 50 What are your proposed exchange and return programs and Crafoo will only accept the return of products that have been authorized in writing in advance, policies? and proof of purchase is required. Not all purchases are returnable. This is a Return Policy for non-warranty claims. Refer to the product data sheet for information about warranty and claims for warranty reimbursement. 51 Describe any service contract options for the items included N/A We do not offer service contracts. in your proposal. Table 9B: Performance Standards or Guarantees Describe in detail your performance standards or guarantees,including conditions and requirements to qualify,claims procedure,and overall structure.You may upload representative samples of your performance materials(if applicable)in the document upload section of your response in addition to responding to the questions below. Line Item Question Response' 52 Describe any performance standards or guarantees Crafoo warrants that all Crafco products meet applicable ASTM, AASHTO, Federal or State that apply to your services specifications at time of shipment. 53 Describe any service standards or guarantees that All Crafoo Service Centers and distributors work on a first come, first service basis for equipment apply to your services (policies, metrics, KPIs, etc.) service. Exceptions are made when an emergency occurs. Crafco is committed to customer satisfaction. We have a policy of addressing any customer issues within 1 business day. Table 10: Payment Terms and Financing Options Li Item Question Response 54 Describe your payment terms and accepted payment Net 30 Days—Credit Card and Wire Transfer. methods? 55 Describe any leasing or financing options available for Sourcewell awarded NCL, and other agency preferred financing. use by educational or governmental entities. 56 Describe any standard transaction documents that you Per our current Sourcewell Contract, attached in the Standard Transactions section is the worksheet and quote propose to use in connection with an awarded contract which will be used if awarded this Sourcewell 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. 57 Do you accept the P-card procurement and payment Crafoo accepts P-Card procurement and payment process at no additional cost. process? If so, is there any additional cost to Sourcewell participating entities for using this process? Bid Number: RFP 080521 Vendor Name: Crafco Inc. DocuSign Envelope ID: DDA7E4FF-4280-4D61-87C7-B7807C8AC4D3 P-25-055 Table 11:Pricing and Delivery County of Fresno Procurement Agreement Provide detailed pricing information in the questions that follow below.Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as described in the RFP,the template Contract,and the Sourcewell Price and Product Change Request Form. Line Item Question Response 58 Describe your pricing model (e.g., line-item discounts or product-category Product Category Discount. Pricing lists are attached with related discounts noted. discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell discounted price) on all of the items that you want Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal. Upload your pricing materials (if applicable) in the document upload section of your response. 59 Quantify the pricing discount represented by the pricing proposal in this Crafco Equipment and Options: 5-20% off list. response. For example, if the pricing in your response represents a Crafco Materials: 20% off list. percentage discount from MSRP or list, state the percentage or KM International: 10-18% off list. percentage range. Graco: 15% off list. 60 Describe any quantity or volume discounts or rebate programs that you N/A. Not typically offered as most agencies have various specs they want to meet, offer. making it difficult to offer volume or quantity discounts. 61 Propose a method of facilitating "sourced" products or related services, When requested for Non-Standard options; these items are sourced through our which may be referred to as "open market' items or"nonstandard supply vendor at best price possible. 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. 62 Identify any element of the total cost of acquisition that is NOT included N/A 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. 63 If freight, delivery, or shipping is an additional cost to the Sourcewell Freight is an additional charge. Equipment/Sealant may be combined with other participating entity, describe in detail the complete freight, shipping, and equipment/material going to the closest Crafco facility or Distributor. Actual charges delivery program. are divided between equipment/material. Crafco works closely with our freight company to get the best rate possible. 64 Specifically describe freight, shipping, and delivery terms or programs Freight is an additional charge. Equipment/Sealant may be combined with other available for Alaska, Hawaii, Canada, or any offshore delivery. equipment/material going to the closest Crafco facility or Distributor. Actual charges are divided between equipment/material. Crafco works closely with our freight company to get the best rate possible. 65 Describe any unique distribution and/or delivery methods or options Crafoo always works closely with our freight company to get the best delivery offered in your proposal. methods possible. Table 12: Pricing Offered Line The Pricing Offered in this Proposal is:" Comments Item 66 1c..better than the Proposer typically offers to GPOs,cooperative procurement organizations,or state purchasing departments. Table 13:Audit and Administrative Fee Line Item Question Response 67 Specifically describe any self-audit process or program that you plan to employ Either the direct Territory Manager or Distributor will complete the to verify compliance with your proposed Contract with Sourcewell. This process Sourcewell Worksheet, it will be sent to Crafoo corporate office Angie includes ensuring that Sourcewell participating entities obtain the proper pricing, Hoaglin, Contract Administrator, she will verify all pricing is correct, sign that the Vendor reports all sales under the Contract each quarter, and that the worksheet then the approved worksheet is ready to submit to Agency. Vendor remits the proper administrative fee to Sourcewell. Provide sufficient detail Once PO is received, we enter in our Quarterly Log where we add all to support your ability to report quarterly sales to Sourcewell as described in the information from PO including fees to be paid to Sourcewell. Contract template. 68 If you are awarded a contract, provide a few examples of internal metrics that Crafco will keep a log of all PO's received from the Sourcewell contract will be tracked to measure whether you are having success with the contract. that totals all sales from date of award. This information is tracked monthly and reviewed by Senior Management members at Crafco. 69 Identify a proposed administrative fee that you will pay to Sourcewell for 2% based on total sales. 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.) Table 14A: Depth and Breadth of Offered Equipment Products and Services Line Item Question Response' 70 Provide a detailed description of the equipment, Roadway maintenance equipment including Pothole Patchers, Seal Coaters, Crack Sealers and products, and services that you are offering in your Mastic/Adhesive Melters, Sealants and Mastics, Pavement Marking Application Machines and Sank proposal. Sprayers, Asphalt Recyclers and Reclaimers. 71 Within this RFP category there may be subcategories N/A of solutions. List subcategory titles that best describe your products and services. Bid Number: RFP 080521 Vendor Name: Crafco Inc. DocuSign Envelope ID: DDA7E4FF-4280-4D61-87C7-B7807C8AC4D3 P-25-055 Table 14B: Depth and Breadth of Offered Equipment Products and Services County of Fresno Procurement Agreement 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 72 Asphalt recycles and reclaimers r. Yes KM International r No 73 Patchers, seal coaters, crack sealers, and mastic and l: Yes Also Crafco Crack Sealants, Mastic and adhesive melters r No Patching Products. 74 Chip spreaders, asphalt brooms, and pavement grinding or r Yes N/A grooving equipment r. No 75 Pavement marking application and removal equipment a Yes Graco. r No 76 Other r. Yes Sani-Sprayers. r No Table 16:Exceptions to Terms,Conditions,or Specifications Form Line Item 77.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-Pricing.pdf-Thursday July 29,2021 10:08:55 • Financial Strength and Stability-Crafco 6-30-20.pdf-Thursday July 08,2021 11:00:31 • Marketing Plan/Samples-Marketing Materials.pdf-Thursday July 08,2021 12:16:12 • WMBE/MBE/SBE or Related Certificates (optional) • Warranty Information-Warranty Information.pdf-Wednesday July 28,2021 08:39:40 • Standard Transaction Document Samples-Transaction Documents.pdf-Wednesday July 28,2021 08:43:07 • Upload Additional Document (optional) Bid Number: RFP 080521 Vendor Name: Crafco Inc. DocuSign Envelope ID:DDA7E4FF-4280-4D61-87C7-B7807C8AC4D3 P-25-055 Addenda,Terms and Conditions County of Fresno Procurement Agreement 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,and services in accordance with the terms, conditions,and scope of a resulting contract. 7. The Proposer possesses,or will possess before delivering any equipment,products,or services,all applicable licenses or certifications necessary to deliver such equipment,products,or services under any resulting contract. 8. The Proposer agrees to deliver equipment,products,and services through valid contracts,purchase orders,or means that are acceptable to Sourcewell Members.Unless otherwise agreed to,the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract. 9. The Proposer will comply with all applicable provisions of federal,state,and local laws,regulations,rules,and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked"confidential"(or"nonpublic,"etc.),either substantially or in their entirety. Under Minnesota Statutes Section 13.591,subdivision 4,all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded.At that point,proposals become public data.Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a"trade secret,"and thus nonpublic data under Minnesota's Data Practices Act. 11. Proposer its employees,agents,and subcontractors are not: 1. Included on the"Specially Designated Nationals and Blocked Persons"list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at:httos://www.treasury.gov/ofac/downloads/sdnIist.pdf; 2. Included on the government-wide exclusions lists in the United States System for Award Management found at:https://sam.gov/SAM/;or 3. Presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government,as applicable;or any Participating Entity.Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation. r By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit,have the legal authority to submit this Proposal on behalf of the Proposer,and that this electronic acknowledgment has the same legal effect,validity,and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect,validity,or enforceability solely because an electronic signature or electronic record was used in its formation. - N.Thomas Kelly,Vice President Sales and Marketing,Crafco,Inc. The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission,and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. r Yes r. No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column"I have reviewed this addendum"below to acknowledge each of the addenda. Bid Number: RFP 080521 Vendor Name: Crafco Inc. DocuSign Envelope ID: DDA7E4FF-4280-4D61-87C7-B7807C8AC4D3 P-25-055 County of Fresno RrDweam4ftwrnent File Name below addendum and Pages attachments(if applicable) Addendum_4_Roadway_Maint_Equipt_RFP_080521 2 Wed July 28 2021 06:54 PM Addend um_3_Roadway_Maint_Equipt_RFP_080521 rV 2 Mon July 26 2021 04:56 PM Addendum_2_Roadway_Maint_Equipt_RFP_080621 I✓ 1 Fri July 16 2021 12:55 PM Addend um_1_Roadway_Maint_Equipt_RFP_080521_Draft 1 Thu June 24 2021 04:18 PM rV Bid Number: RFP 080521 Vendor Name: Crafco Inc. P-25-055 County of Fresno Procurement Agreement The parties are signing this agreement on February 20, 2025 Crafco Inc. The County of Fresno 6165 W. Detroit St. 333 W Pontiac Way Chandler, AZ 85226 Clovis,CA 93612 4590 E Kings Canyon Fresno,CA 93702 Signature: Signature: igitally signed by RileyY Riley Blackburn Blackburn Date: 2 ' 10:56:59 -0808'00 5.03.04 Name: Name: Riley Blackburn Gail Gautier Title: Title: Purchasing Manager VP Assistant Secretary Controller Date: Date: 3/3/2 02 5 3/4/2025 Signature: Name: Title: Date: