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HomeMy WebLinkAboutBid Opening - Refuse & Yard Waste Bins - Toter LLCOUT 8� BID/PROPOSAL. CITY OF SOUTH BEND Bid for Six Thousand (6,000) More or Less Universal/Nestable Refuse and BID NAME Yard Waste Containers FOR BIDS DUE November 25, 2025 by 9:00 a.m. Local Time Description Make/Model Unit Price 96 Gallon 48 Gallon Toter EVR II Universal/Nestable Cart Model 79296 Toter EVR II Universal/Nestable Cart Model 79248 s 46.65 39.65 Item No. Est. Qq. Item Unit Price Total 1 TBD 96 - Gallon Universal/Nestable Refuse and $ 46.65 $139, 950.00 Yard Waste Container Complete Manufacturer: 2 TBD 45/48 - Gallon Universal/Nestable Refuse $ 39.65 $118,950.00 and Yard Waste Container Complete Manufacturer: The totals are based on approximately 3,000 carts of each size due to Questions/Answers with the City. However ,Toter's Unit Pricing is based on orders placed in lots of truckload quantities of 624 carts per load of 96 gallon carts and 912 carts per load of 48 gallon carts. Bidder (Firm): Toter, LLC Address: 841 Meacham Road City/State/Zip: Statesville, NC 28677 Telephone Number, 980-987-7602 Ext. 9584 Fax Number: N/A By (Signature) David Pelichet (Printed Name) VP Fir (Title) BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Joseph Molnar, Vice President Gary A. Gilot, Member Breana N. Micou, Member 11 Murray L. Miller, Member Attest: Hillary Horvath, Clerk Please see Toter's "Notes to Pricing" and "Price Adjustments" within our submittal CITY OF SOUTH BEND, INDIANA ,wa SELLER'S BID FOR SALE OR LEASE OF MATERIALSr AND NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT AND ,g—��` NON-DISCRIMINATION COMMITMENT FOR SELLERS A 00 Bid for Six Thousand (6,000) More or Less Universal/Nestable Refuse and Yard BID NAME Waste Containers FOR BIDS DUE November 25, 2025 by 9:00 a.m. Local Time 11 /24/2025 Bidder Date: (Firm): Toter, LLC Address: 841 Meacham Road City/State/Zip: Statesville, NC 28677 Telephone Number: 980 987-7602 Ext. 9584 Agent of Bidder (if Applicable): N/A _ When the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affdavit CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON-DISCRINUNATION COMMITMENT AND CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS (Must be completed for all quotes and bids. Please type or print) STATE OF North Carolint ) ) SS: Mecklenburg COUNTY ) The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that: 1. Contractor has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. Contractor further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale; and 2. Contractor certifies by submission of this proposal that neither contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and 3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. 2 a. For purposes of this Certification, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from time -to -time. b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is engaged in investment activities in Iran if either: i. Contractor, its successor or its affiliate, provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran; or ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more, if that person will (i) use the credit to provides goods and services in the energy sector in Iran; and (ii) at the time the financial institution extends credit, is a person identified on list published by the Indiana Department of Administration. 4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3. Contractor's documentation of enrollment and participation in the E-Verify Program is included and attached as part of this bid/quote; and 5. Contractor shall require his/her/its subcontractors performing work under this public contract to certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is participating in the E-Verify Program. The Contractor agrees to maintain this certification throughout the term of the contract with the City of South Bend and understands that the City may terminate the contract for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. 6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, gender expression, gender identity, sexual orientation or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBENV BE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. 7. The undersigned contractor agrees that the following nondiscrimination commitment shall be made a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its agencies, boards or commissions. Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the performance of this contract with privileges of employment, or any matter directly or indirectly related to employment, because of race, religion, color, sex, gender expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract. I, the undersigned bidder or agent as contractor on a public works project, understand my statutory obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-8-1). I hereby certify that I and all subcontractors employed by me for this project will use steel products or foundry products made in the United States on this project if awarded. I understand I have an affirmative duty to notify the City in my bid that my proposal does not include the use of steel products or foundry products made in the United States. I understand it is my sole obligation and responsibility to provide a justification to the City, subject to review and approval, why the cost of United States made steel or foundry products is unreasonable. Prior to award and upon submission of bid which does not use steel products or foundry products made in the United States, the City, through its director of public works, shall make a determination if the price of United States made steel or foundry is unreasonable. I understand that violations hereunder may result in forfeiture of contractual payments. 4 I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid for public works are true and correct. Dated this day of ,vember , 2025 Subscribed and sworn to before me this 24th My Commission Expires UMA `l County of Residence Toter, LLC Contractor/ 'dder (Firm) Signature of Contractor/Bidder or Its Agent David Pelichet, VP Finan Printed Name and Title _day of November 20 25 jNoy Public ColoorruS Toter@ BUILT FOR EXTREMES' City of South Bend Bid for Six Thousand (6,000) More or Less Universal/Nestable Refuse and Yard Waste Containers Due: November 25, 2025, at 9 a.m. Bidder Contact Information Kellie Clark Sr. Manager Bids/Contracts Toter, LLC 841 Meacham Rd. Statesville, NC 28677 Phone: 980-987-7602 Ext. 9584 Email: Kclark@toter.com Toter November 24, 2025 Ms. Hillary Horvath Clerk Department of Public Works City of South Bend 215 S. Dr. Martin Luther King Jr. Blvd, Suite 400 South Bend, IN 46601 RE: Cover Letter for Bid for "Six Thousand (6,000) More or Less Universal/Nestable Refuse and Yard Waste Containers" Due: November 25, 2025, at 9 a.m. To Ms. Horvath, Toter, LLC, is pleased to provide a Bid for 96 Gallon and 48 Gallon Carts to the City of South Bend. As a Wastequip brand, Toter is a manufacturer and marketer of high -quality plastic containers and related products, solely dedicated to the waste industry for residential, hauler, industrial, commercial, and retail accounts. Toter introduced the automated curbside cart system in North America during the late 1960's. We have been in continuous operation for 60+ years and are the largest plastic roll out cart rotational molder in North America. It is important to note that while Toter is bidding direct to the City, we have an exclusive dealer nearby to the City, Best Equipment, also ready to assist with your cart related needs. We've earned our reputation as the market leader. Toter is focused solely on creating and producing products for the waste industry. Our history spans six decades of cart manufacturing, and our team includes a cadre of industry veterans who know refuse and recycling carts, and who have been working with the City all or many years of the current contract. Through the support of a seasoned management team with deep professional and industry experience, Toter ensures that we deliver on customer commitments day in and day out for a successful rollout and beyond. We're laser -focused on quality products, service, and continued innovation. As the only rotational molded cart manufacturer, Toter can help customers reduce the total cost of its collection services through carts that are flexible and impact resistant. "Built for Extremes" is more than just a tagline because our carts have decades of proven performance withstanding the daily abuse of curbside waste collection. Why Toter is the best value. ✓ Toter's 12 Year Cart Body Warranty is 2 years longer than any other cart warranty. 2 additional years of coverage reduces potential cart replacement cost in years 11 and 12 of ownership by $7 to $9/cart. Nothing prevents another cart company from offering a 12-year warranty other than the knowledge that its carts are not durable. ✓ Our proven 15 to 20+ year service life is many years longer than the service life claimed by the leading injection molded cart manufacturer (only 10 years). ✓ Toter roll carts are different from others in the industry. In 1994, Toter introduced its patented ADVANCED ROTATIONAL MOLDINGT"' process which revolutionized both the rotational molding and waste industry. Toter's "zero stress" molding technology offers important higher strength to weight ratios and durability advantages over "high stress" processes such as injection molding. It is notable that products such as kayaks and bridge barriers are rotationally molded because both products must withstand impact, just like carts must bounce back when serviced by an automated arm, and especially in extreme temperatures. Many of our customers have tried injection molded carts and switched (or switched back) to our rotationally molded product due to the durability and low lifecycle cost of our carts. Why Toter is the preferred cart supplier by hundreds of customers. ✓ We are dedicated to the waste industry, not manufacturing for any other industry -We are the largest rotational molder of roll carts in North America, and have been in continuous operation since 1962. ✓ Owned and operated by Wastequip, LLC, the largest waste equipment provider in North America — Founded in 1989, Wastequip is the leading manufacturer of waste handling equipment in North America, with a complete line of both steel and plastic waste handling equipment. Wastequip and Toter provide the perfect place for one -stop shopping! ✓ Long-term solutions to meet every possible need — Refuse and Recycling Carts in sizes 16 to 96 Gallons; 2, 13, 21, 32, and 48 Gallon Organics Carts; 96, 64 and 32 Gallon Bear Resistant Carts; 1, 2, 3, and 4 Cubic Yard Front Load Containers; and services of Cart Assembly and Delivery to Residents, Cart Maintenance, and Technology Solutions. ✓ 96 Gallon, 64 Gallon, 48 Gallon, and 32 Gallon Nestable/Stackable Carts - We are the first and only manufacturer to design roll carts that are nestable/stackable when FULLY ASSEMBLED and "Ready to Roll". Our customers realize savings in storage/inventory costs and experience savings in reduced number of replacement trips. Unlike injection molded carts that nest no more than 2 carts high because of protruding wheels, Toter carts can be stacked up to 6-8 carts high and require fewer square feet for storage and/or truck space to the field. Please note that our 24 Gallon cart is not nestable. ✓ WARRANTY EXCEEDS INDUSTRY WARRANTY TERMS - We will provide our standard residential roll cart warranty that with cart bodies confidently covered by a unique and unprecedented standard 12-year non -prorated warranty (all other cart components have a 10-year non -prorated warranty). Because we Rotationally Mold our carts rather than injection molding them as others do, we have a proven life expectancy of 15 to 20+ years. This 12-year body warranty is "putting our money where our mouth is." Please review enclosed information such as "How Toter Can Save You Money" and our warranty and warranty claim procedures and information. To pose inquiries concerning our bid, please contact me. Thank you again for the opportunity to participate in this process. Best regards, 4 aak_ Kellie K. Clark Sr. Manager of Bids and Contracts, Toter, LLC kclark@toter.com BUILT FOR EXTREMESrM THIS IS TOTER - Toter, LLC is the largest plastic roll out cart rotational molder in North America, as an industry -leading manufacturer and marketer of high quality plastic containers and related products for residential, hauler, industrial, commercial and retail accounts. As a 100% U.S. owned Company, Toter has been in continuous operation since 1962, originally as a subsidiary of Rubbermaid Incorporated. Since then, Toter has been recognized as the manufacturer of the top -selling brand of two -wheeled carts for curbside automated waste, recycling and organics collection by cities, private waste haulers and recyclers. Headquarters for Toter is in North Carolina, with regional manufacturing/ distribution facilities within the following locations: Statesville, NC; Acuna, Mexico; and Del Rio, TX. Toter is dedicated to the waste industry, not manufacturing for any other industry. Dates of Incorporation: Toter, LLC is the manufacturer of Toter carts. Our business has been in continuous operation since 1962 as a subsidiary of Rubbermaid Products. Organized as a private corporation April 21, 1983 as Applied Products, Inc. Our company changed our name to Toter Incorporated April 28, 1988, then to Toter, LLC in June of 2012. In 2007, Toter was acquired by Wastequip and operates as a subsidiary of Wastequip, LLC, the largest waste equipment provider industry -wide! Founded in 1989, Wastequip is the leading manufacturer of waste handling equipment in North America. From carts, containers and compactors, to hoists, refuse trucks and tarping systems, to replacement parts, service and technology, our products are known for their quality and durability. Including Toter, Wastequip is the waste industry's only ALL -IN - ONE PROVIDER, with 12 brands, approximately 3,400 employees at and 37 facilities. Wastequip is one of the few companies that manufactures a complete line of both steel and plastic waste handling equipment. Armed with deep waste industry experience and dedicated to innovation, our team solves the collection, handling, and transport challenges facing today's operators through its leading -edge product development and personalized service. We're equally proud to be a driving force for enhanced sustainability across the waste industry, consistently striving to improve our own operations while making it easier for our customers to do the right thing. Toter is the leading supplier of wheeled, rollout carts (16 to 96 gallons) used for curbside automated waste, recycling, organics/yard waste by cities and government entities, as well as private waste haulers. We offer Organics Carts with a higher load rating (6.25 Ibs per gallon versus the required ANSI Standard load rating for carts at 3.5 Ibs per gallon). And our Bear Tough Carts have a double -walled lid and steel - reinforced rim to withstand repeated clawing and chewing, tested to withstand the wiles and vast strength of bears. We tell the toughest bears to grin and bear it! In 1994, Toter introduced its patented Advanced Rotational MoldingTM process which has revolutionized both the rotational molding and waste industry. With this new state-of-the-art manufacturing process, Toter molds intricate designs heretofore impossible for conventional rotomolders. Toter's "zero stress" molding technology offer important higher strength to weight ratios and durability advantages over "high stress" processes such as injection molding. During our molding process, molds are filled with a pre -measured amount of plastic micro -pellets, then moved into an oven to melt the plastic material while the machine rotates. This rotation in heat causes the plastic to coat the inside of the mold. This method does not require high-pressure hydraulic equipment to fill the mold, so no stress is introduced during the molding cycle (unlike stress created by injection molding). The mold is transferred to a cooling chamber to cure, where a microprocessor controls the cooling cycle to optimize impact strength and performance of the final product. After slowly cooling with air and water, the cart is removed from the mold to be trimmed, imprinted and assembled. Important products such as kayaks and bridge barriers are rotationally molded because both products must withstand impact, just like carts must bounce back when serviced by an automated arm, and especially in cold temperatures. Extreme environments, such as Anchorage, Chicago, Detroit, Seattle, Pasadena, and numerous other cities have proved that advantage. Many of our customers have tried injection molded carts and switched (or switched back) to our rotationally molded product due to the lowest lifecycle cost of our carts. Our molding process and material create a 15-20+ year cart life expectancy, which in turn allows Toter to back our carts with a 12 year cart body warranty and 10 years on all other components. A few of our customers with carts over 15-20+ years old include ■ Macon, GA - 132K carts over 45 years ■ Washington, DC - 377K carts over 40 years ■ Visalia, CA -105K carts over 35 years • Salt Lake City, UT - 259K carts over 34 years ■ Pasadena, CA - 86K carts over 33 years ■ Statesville, NC - 21K carts over 33 years ■ Winston-Salem, NC - 214K carts over 31 years ■ Tucson, AZ - 337K carts over 31 years ■ Dayton, OH - 288K carts over 31 years ■ Austin, TX - 775K carts over 30 years ■ Pensacola, FL - 28K carts over 29 years ■ Des Moines, IA - 189K carts over 29 years • Houston, TX - 464K carts over 24 years ■ San Antonio, TX - 1 million carts over 18 years ■ Montgomery County, MD - 59K carts over 18 years ■ Fort Worth, TX - 82K carts over 18 years ■ Vancouver, BC, Canada - 232K carts over 17 years ■ Lauderdale County, FL - 31K carts over 17 years ■ Fort Wayne, IN — 200K carts over 16 years ■ Greensboro, NC —118K carts over 15 years ■ Akron, OH —145K carts over 15 years w The list shows just a very few of our thousands of customers. References are available upon request. TOTER'S COMMITMENT TO THE WASTE INDUSTRY - Toter supplies private haulers and recyclers with cart fleets for collection services. We work with Recology, Casella, EDCO, Waste Pro, Santek, CR&R and many other hauling/recycling companies varying in size, with resources readily in place for production, assembly, distribution to residents, cart maintenance and retired carts recycling services. We specialize in on -time detailed projects to set out carts to residential and commercial properties to meet municipal collection start/set dates and deadlines. Toter provides total cart fleet maintenance services, and Toter is currently servicing the City of Fort Worth, TX with a maintenance program for its entire cart fleet. Maintenance service options available include, but are not limited to: repairs, cart washing, swapping one cart size for another, management of cart inventory, and recycling of unusable carts or components, with response time from 2 to 5 business days. �ftr1 Our roll cart warranty EXCEEDS INDUSTRY WARRANTY TERMS with c cart bodies covered by a unique and unprecedented 12 year non - prorated warranty (all other cart components have a 10 year non - IL prorated warranty). Because we Rotationally Mold our carts rather o°� wsa than injection molding them as others do, we have a proven life - - - expectancy of 15 to 20+ years. This 12 year body warranty avoids the premature replacement of the body, which is the part of the cart the cart lifting device engages. We believe our customers will see a reduction in replacement cost of about $7 to $9 per cart over the first 12 years of service. As a result, our roll cart customers obtain a currently unmatched warranty in the roll cart industry! We continue to be the first and only manufacturer to design roll carts that are truly nestable/stackable when fully assembled and "Ready to Roll". Our customers realize savings in storage/inventory costs and experience savings in reduced number of replacement trips. Unlike injection molded carts that nest no more than 2 carts high because of protruding wheels, Toter carts can be stacked up to 6-8 carts high as they require fewer square feet. Toter carts can be delivered 3x more quickly than other brands by eliminating trips with more carts per load. Cities and haulers save between $2- 3 per cart in fuel, truck usage and labor expenses due to Toter's nestability feature. Injection molders often claim this feature, but offer wheels that pivot/slide, or still need wheels attached. Toter is the first container manufacturer to have introduced a new color option for the industry - Granite color bodies. This upscale look allows municipalities and haulers to provide a low cost, premium finish to highlight new automated container programs. Our 48 gallon size is often chosen for garbage, recycling or organics. A 64 gallon cart is 2/3 the volume of a 96 gallon cart, and many small quantity waste generators are stuck with 64 gallon carts that are still too big to meet their needs. The 48 gallon "half cart" matches the lower waste/recycling output of these customers. Lower handles (4.25" to 5" lower than our 64 gallon cart) makes tilting significantly easier for all users, including small and elderly residents, increasing user safety and reducing requests for exemption from rolling out carts to the curb. Our roll carts feature a patented "Rugged Rim" — with an upper rim engineered as a closed tubular design, similar to square steel tubing, for maximum strength during collection. The rim serves as a ledge on which the lid rests to create a tight seal between body and lid, and it strengthens the upper lift point and all sides of the cart body. The lid and rim together create a tight seal to keep odors in, not attracting vermin. In addition to our proven long service life and very low repair rate, key parts on Toter carts are interchangeable among our various cart sizes: sunburst wheels, stop bars, and lid hardware. This simplifies maintenance and reduces parts inventory/costs. We recognize the City's commitment to providing carts, parts, and services that will support the best cart for its citizens. Toter also supplies containers in the Retail Market to Lowes Home Improvement Centers, The Home Depot, True Value, Ace Hardware, Do -It -Best Hardware, Wal-Mart, Amazon, Wayfair, Meijer Stores, and other retailers. Retail customers and individual buyers both find our retail products to out -last and out -task other products offered in stores. Besides roll carts, Toter has a complete line of 1, 2, 3 and 4 cubic yard plastic front load containers. Each container features: steel rod reinforcement, ribbed bottom wear chimes, double -walled lift pockets, integrated bumpers, and more. These features afford customers with enhanced durability, maximum pocket strength, protection for longer life, and maximum space for custom signage. Our stackable design provides better truckload/shipment and storage efficiency and are even stackable/nestable when the container is fully assembled and ready for use! Toter manufactures Professional Products — commercial, industrial and specialized superior containers. Product offerings include Two -Wheeled and Caster Carts, Organics, Medical Waste and Secure Document Management Carts with standard single -wall or rotationally molded double -wall lids for sealing off medical waste and organics (wet) materials, and for securing confidential documents. These containers may be towable for additional efficiency and safety in moving waste. Toter offers Atlas commercial -grade, large -capacity, Rugged Rim° cans with a detachable lid and are fitted for dollies to roll and move materials smoothly. Slimline Containers and Litter Containers provide effective, sustainable waste collection for industrial, commercial and institutional inside and outside applications — and are available in a wide range of styles for varied environments. Cube Trucks, Tilt Trucks, and Mobile Trucks are perfect or moving large, heavy materials and waste to its final destination for use or disposal. Many containers in this line are also towable for efficient and safe movement to final disposal areas. You will find these various products in hospitals, colleges/universities, research facilities, manufacturing industries, store environments, offices, public streets, malls, sports arenas, convention centers, gas stations and convenience stores, and practically anywhere you may venture! Our Professional Products also include a comprehensive collection of commercial/industrial mobile and stationary lift units, to also include truck mounted lifters which are popular among haulers for municipal roll -cart collection. All are designed for safety (meeting all applicable ANSI Standards for safety and dimensions), and the lifters simply make work safer and easier. In short, our containers and accessories are always extremely flexible and impact -resistant, and easily handle the day-to-day abuse of waste collection. They stand up to just about anything that's tossed in them — or at them! TOTER"S QUALITY PROCESS - Toter, LLC is committed to providing containers, products and services that meet or exceed the needs, expectations, and requirements of our customers. This is achieved through teamwork, the commitment by each employee to strive to meet Customer Needs, Business Objectives and the process of continuous improvement. Below are examples of the Processes that are implemented throughout Toter to build great products. 1. Document & Record Control 2. Quality Control a. Material Inspections b. Internal Product Quality c. Final Inspections d. Manufacturing Control Plans 3. Corrective Action Plans 4. Preventative Action Plans 5. Non -Conforming Product Plan Toter's Quality Process has made Toter products the premier choices for municipal solid waste and recycling departments and service providers, the American public who buys Toter Carts at Lowes, The Home Depot, Walmart, and many other leading retailers, plus industrial commercial and institutional housekeeping, and maintenance managers. Toter's subcontractors also adhere to quality and safety processes as required by the local, state/province, and federal (USA/Canada) levels. CUSTOMER SATISFACTION Toter prides itself on superior customer service and has significant experience servicing both large and small municipal and privately -owned accounts, multi -location organizations like The Home Depot, Lowes, Walmart, True Value, Ace, Do -It Best, Amazon, Wayfair, Meijer, and other retail entities. Our extensive customer base demands rigorous, just -in -time delivery performance and responsive customer service. We believe, simply stated, that our commitment to preventing issues is the key to satisfied customers. We want all customers to have a great experience with our products — from their first contact with us all the way through product delivery. As such, we have adopted the following customer service credo: Commitment - ✓ We will treat all customers with respect (regardless of size) ✓ We will follow up with you upon receipt of your order to ensure satisfaction ✓ We will resolve any issues quickly Support: ✓ We will provide a dedicated Customer Service Satisfaction (CSS) specialist for each participating member ✓ We will respond quickly on quotes (same -day response in most cases) ✓ We will provide an order confirmation (within 24-48 hours) ✓ We will call you with shipping & delivery information and provide early notification should there be any issues with your order The City will be assigned a dedicated Customer Satisfaction Specialist (CSS). All CSSs are cross trained on this contract and they will be available for back-up and high -volume situations. The CSS team is managed by Toter's Customer Service Supervisor, on -site with CSSs at Toter headquarters and available to help in any situation. CSSs handle customer needs prior to, during, and after orders are placed with our company. Routine services include assisting with customer choices, quoting, entering orders, obtaining customer approvals on custom markings and features, constant order tracking with production and traffic departments, handling intricate detail on large and small orders/projects and situations such as drop shipments and timing of shipments, and problem solving when order issues arise and when technical feedback is obtained. In the field are Toter's Regional Sales Managers, industry experts ready to assist with municipal contract issues, unique product applications, and all other field service issues. They may also be responsible for reporting contract updates, as well as forecasting large projects, coordinating non -core program items, and general contract facilitation. Toter's Regional Sales Managers are responsible in the field for this contract. Division Sales Directors support this management team, and they back up each other in emergency situations. Toter's executive level will ensure that long term strategic partner issues such as ongoing cost reductions and new product innovations are pursued aggressively. TOTER'S COMMITMENT TO SUSTAINABILITY— PROJECT251 Our first public -facing initiative for its Corporate REsponsibility program (CORE) is known as Project25. This program formalizes Wastequip's commitment to improving the lives of its employees and the communities in which it operates to maintain a healthy company. As part of this program, Toter is committed to reduce the amount of virgin resin used in our roll cart production by 25% since October 2021. Toter can then manufacture Black carts with up to 50% recycled resin (and lesser percentages of inclusion in other colors, like green). The recycled resin will include post -consumer (PCR) and post-industrial (PIR) recycled materials. Project25 ensures that we are consciously decreasing the carbon footprint of both our carts and our customers' sustainability in waste collection projects, and this project reduces Toter's carbon footprint by at least 9% per cart. And there is more company advancements toward sustainable responsibility described below. Toter carts will continue to be "Built for ExtremesTM11 - maintaining Toter's legendary toughness and durability. We have not only reduced inclusion of virgin resin, but we have increased recycled material usages, while maintaining the long lifespan of carts. CORE — CORPORATE RESPONSIBILITY PROGRAM We are proud of our progress for People and the Planet and have leveraged third -party resources for an objective life -cycle assessment of our Toter products. At Wastequip (Toter's parent company), we believe that business should be a powerful tool to make the world a better place — and that doing the right thing for our people and our planet is also the right thing for our business. Since Charles Walton founded Wastequip over 30 years ago, our vision has been to be the All -in -One equipment provider for the industry. Today, we estimate that 40 million people in the U.S. interact with our equipment weekly, if not daily. With products so ubiquitous comes a responsibility to our employees, our suppliers, our customers, the communities we serve, and the planet we depend on. Wastequip's CEO, Marty Bryant, sums up our program: "We believe we can take care of our people, our communities, and our planet, while running a successful business." Our CORE program rests on three pillars — People, Planet, and Profit. People - promote workforce development and diversity, as well as to actively serve the communities where we operate through Wastequip Cares, our volunteerism and charitable giving program. We want to be the best company our communities and suppliers have worked with, and our people have worked for. Our CORE values have provided the foundation upon which to build a thriving sustainability program, to include: • We act with safety, honesty and integrity, which is fundamental. • We improve what matters most, guiding our priorities with data, which keeps us focused on having the biggest impact. • We act quickly but thoughtfully, picking the few, most important goals and making steady progress toward achieving them. • We embrace change with employees and leadership who think differently. • We make commitments and keep them, focusing on doing the work before we talk publicly about our achievements. • We serve customers (internal and external) to total satisfaction, knowing we can help our customers meet their ESG goals and maintain the quality for which they know our products. We want to be the best company our people have worked for, and our communities have worked with. Diversity of thought enriches our experience as employees and makes us a stronger, better company. The best way we can ensure diversity of thought is to hire people of different backgrounds, keep them safe and happy, and pay and promote them fairly and equally — to create a company that's welcoming to everybody. Our goal is to be the best job our employees have ever had — for every single employee. We measure this in our biennial employee survey and even base executive bonuses on improving the score. Our Board is 75% diverse by ethnicity and gender. Our CEO staff is 30% diverse by ethnicity and gender. We've also diversified at the VP and director levels. We aim to support more women in manufacturing, a typically male -dominated industry. In 2021, we achieved gender pay equity at all levels of the company and continue to keep the data current each year. Creating our Wastequip Women's Group has been a major step in galvanizing women's involvement from corporate as well as at our plants. We operate an intern program every summer, drawing students from all over the U.S., who work on real projects to move the company forward and experience all aspects necessary to a manufacturing company — Sales, Sustainability, Finance, Sales, Marketing, and Engineering. To foster this talent further, our Leadership Development Program (LDP) exposes entry-level talent to several aspects of our business via four distinct six-month rotations before placing them in a long-term position. In addition, we have implemented a welder training program that aims to recruit under employed individuals and teach them to weld, which enters them into the skilled labor pool. Planet. We believe in leaving more than we take from our environment and leaving the planet better than we found it. While we've made strides in previous years — like installing energy -efficient lighting in our facilities, implementing a pallet -recycling program, recycling our own scrap, and reducing our inbound and outbound freight — our CORE program brings a more methodical approach to define meaningful steps and what's right for our Planet with data. For most of a year, we researched sustainability reporting frameworks and processes to understand how we can make meaningful change. We monitor the Climate Disclosure Project's (CDP) requirements, Sustainability Accounting Standards Board (SASB), companies setting Science -Based Targets, and the national reporting conversations. We base our Planet data on the Greenhouse Gas (GHG) Protocol Corporate Standard because it is global, quantitatively rigorous, and consistent with how other companies calculate their emissions. As part of the EPA's guidelines and GHG Protocol Corporate Standard, we drafted an Inventory Management Plan, which helped us evaluate where our emissions come from and determine how we will manage our data ongoing. Under the GHG protocol, our organizational boundary includes all three of our divisions — Parts & Service, Containers, and Trucks. To begin, we focused on our Trucks and Containers manufacturing, because they are our largest source of emissions. CLIMATE IMPACT 96-Gallon Carl -.6 lbs. of CO�e are produced per Ib. of a cart, over its entire 1 if&span" 80% of a cart's carbon footprint is in the resin and energy used to produce it *Rssuning a Irfa~span of —11 years, no recycled ountent, and no raoyci ng at end of life. To achieve Project25, we are incorporating post -consumer (PCR) and post-industrial (PIR) sources of recycled material in our most -popular cart colors, launched the EVR-Green the first -ever 100% recycled cart body, and are manufacturing with a virgin resin that is stronger than its weight. Material traceability enables customers to know the exact amounts of PCR and PIR used in their orders and customers can also see the carbon footprint of their carts with our new calculator at https://www.toter.com/carbon-emissions-calculator. So far, we have tested 50 recipes and 5,000 carts and continue to expand relationships with suppliers and test new recipes. Profit - maintain the company's financial health, along with its ability to continue to support causes that directly contribute to a stronger future for the waste industry and local communities. We have set out to prove that taking care of our people, communities, and planet makes financial sense. Starting in 2022, all CapEx requests are now required to qualitatively assess how the investment affects people, planet, and our CORE goals. Our CORE Steering Committee defined people and planet considerations by asset category to guide those requesting CapEx investments on the biggest potential from their investment. We plan to include a quantitative component in the future. To further tie our new product development to our company vision and values, in 2022, we integrated sustainability into our stage gate approval processes. Prior to signing off on design and again at product launch, our product developers must follow a sustainability matrix, which guides them through potential impacts related to each phase in a product's lifecycle (materials, production, transportation, use, and end -of -life) and provides an objective score to gauge accountability to our CORE goals. Customer councils, participation in industry organizations and cross -functional team integration across brands helped us identify product solutions that work across our portfolio while contributing to our sustainability goals and those of our customers. To align our teams for swift progress, we have included our top 4-5 CORE initiatives, defined by our CORE Steering Committee and approved by the Board, in our executive bonus compensation since 2021. For more information regarding our Sustainability commitment, please review information located at https://www.wasteguip.com/core-corporate-responsibility. For more information regarding our company, products and services: Kellie K. Clark Sr. Manager, Bids/Contracts Toter, LLC 841 Meacham Road Statesville, NC 28677 980-987-7602, Ext. 9584 kclark@toter.com Toter Built for ExtremesTM We promise that every cart, every can, and every product that's yet to be designed will - - "�- be built for extreme toughness, extreme wear, and extreme purpose. Extreme Toughness • Advanced Rotational MoldingTM and Rugged Rim° for superior strength and durability Extreme Wear • Industry -leading 12-year warranty Extreme Purpose • Comfortable handle height and smooth -rolling wheels for easy maneuvering — even when completely full Tot r * Built for ExtremesTM How Advanced Rotational Molding Makes Toter Carts Superior Toter's engineers and designers developed a revolutionary breakthrough in rotational molding known as Advanced Rotational Molding -to create the World's Toughest Carts-. The process eliminates built-in stress, weakness, and brittleness associated with injection - molded products. In addition, Toter's use of medium density polyethylene (MDPE) is specifically engineered for toughness and high impact resistance. This results in a stronger cart than injection -molded carts made with high density polyethylene (HDPE), which is rigid, brittle, and offers poor impact resistance. Advantages of Advanced Rotational Molding: Superior toughness and durability Single -piece product design — no seams Consistent wall thickness Stress -free, zero -pressure product Unique design and structural capabilities like Rugged Rim', nestable when fully assembled, and granite finish UV stable Custom colors Corrosion- and chemical -resistant Ability to mold in graphics = How Toter Can Save You Money DAY ONE When you receive your Toter carts, they are stackable, nestable and ready to roll. Unlike injection molded carts that nest no more than 2 carts high because of protruding wheels, Toter carts can be stacked up to 8 carts high as they require fewer square feet. Toter carts can be delivered 3x more quickly than other brands by eliminating trips with more carts per load. Cities and haulers save between $2-3 per cart* in fuel, truck usage and labor expenses due to Toter's nestability feature. YEARS 0-10 Toter carts are made with Advanced Rotational Molding, which makes them built for toughness and maximum resistance. With 1/3 of the failure rate compared to injection molded carts, Toter carts generate fewer customer complaints, repair calls, and fewer part purchases. Over the first 10 years of ownership, this saving amounts to about $4 to $5 per cart, (along with your happier customers) YEARS 11-12 Only Toter offers a 12 Year body warranty. Designed to keep working after others fail, they are extremely impact resistant. By having full body protection for 2 additional years (as compared to other brands), you can avoid replacement costs during years 11 and 12. Those savings are $5 to $7 per body or $7 to $9/cart. YEARS 13-20 While injection carts claim a 10-year service life, Toter has 40 years of experience that says Toter carts consistently last 15 to 20+ years. Imagine avoiding having to buy a replacement fleet of injection carts after year 10. If one half of your Toter carts were to last 15 years and one half were to last 20 years, the Average Savings on Replacement Cart Purchase and Delivery would be $38/cart. 20 YEARS OF SAVINGS rioter * Built for ExtremesTM uuruple I BUILT TO LAST best long-lastir ig Industry-LeadingTou Hugh durableRELI .� RELIABLE BUILT TO LAST best in the sT best in the Indust-q -lasting g-lasting, -adingTough gdingTour' ibleREL►ABL! I e REt t LAST best in the Indus =t. )ng-lasti dustry-Leading To' durable REI JUILT TO LAST best in t ing long ,UghIndustry-II cLIABBLE durC 19 the Inds try BUILT TO .augh 1I a REL IABL E "T I—- --%,I1 111y Ir. _ .,cry -Leading Tough Industry -Leading durable RELIABLE durableREL.. BUILT TO LAST best in the industry BUILT TO LAST best in the in. sting Iona -lasting long-las ugh ,In,/dustry-Lead I ng To c 9BI ' ! urabl a REL IUILT TO LAST best in th ,ng-lastin ,dustry-Lece-gTow durable REL, BUILT TO LAST best in I long-lastinr jn rcj�try_EccrcTov :LIABLE durable, st:n .he lydusfri BUILT TO LAST n long-lastin ig T• durah I BUILT TO LAST hen 72 YEARS WORRY -FREE It feels good to own a cart without repair worries. That's why every Toter cart is backed by a 12-year body warranty, the best in the industry — for your peace of mind. There's no other curbside collection cart that's built to last quite like a Toter. Constructed using Toter's Advanced Rotational Molding'M process, Toter carts are designed to keep working long after others fail —more than 2x longer. Toter carts are extremely flexible and impact - resistant, and easily handle the day-to-day abuse of waste collection. To learn how Toter can offer you significant savings, visit TOTER.COM rcger ° luilt for ExtremeSTI Tracey Barry From: Kelly J. Smith <kjsmith@southbendin.gov> Sent: Thursday, October 2, 2025 5:08 PM To: BPW Bids Cc: Kellie Clark; Tracey Barry Subject: RE: Toter, LLC' s Questions- Bid for Six Thousand (6,000) More or Less Universal/Nestable Refuse and Yard Waste Containers 0External email > IYou don't often get email from kjsmith@southbendin.gov. Learn why this is important Thanks very good questions. The answers are below let me know if you have any further questions. Page 5 - Yes, it is within the percentage range. Page 6 —Yes, I believe that would be within the limits. Page 8 —Yes, it's more than the requirement. Page 9 —Yes, that is a good point I will correct the bid for the next go around. Page 10 — No but we can look at that for next time. Page 11 — Quantity pricing I would put 2500 for each size, unit price for each size. Example 2500 x unit price 96-gallons = total 2500 x unit price 45/48- gallons = total Thanks From: BPW Bids <bpwbids@southbend in.gov> Sent: Thursday, October 2, 2025 1:46 PM To: Kelly J. Smith <kjsmith@southbendin.gov> Cc: Kellie Clark <KClark@wastequip.com>; Tracey Barry <tbarry@wastequip.com> Subject: RE: Toter, LLC' s Questions- Bid for Six Thousand (6,000) More or Less Universal/Nestable Refuse and Yard Waste Containers Kelly can you please answer the below questions from Toter, LLC. Thankyou, Hillary From: Tracey Barry <tbarry@wastequip.com> Sent: Tuesday, September 30, 2025 11:13 AM To: BPW Bids <bpwbids@south bend in.gov> Cc: Kellie Clark <KClark@wastequip.com> Subject: Toter, LLC' s Questions- Bid for Six Thousand (6,000) More or Less Universal/Nestable Refuse and Yard Waste Containers Good morning, Toter, LLC has reviewed the Bid for Six Thousand (6,000) More or Less Universal/Nestable Refuse and Yard Waste Containers and has several questions for the City of South Bend. Please see our questions below. • Pg. 5: MANUFACTURING PROCESSES AND MATERIALS: Bidder must submit technical data sheet(s) from the resin producer, which verify that the resin to be used in the container body will meet the following minimum property levels: Density - 0.937-0.940 Resin material with a density of 0.935 is good for products that require a combination of toughness, flexibility, and chemical and moisture resistance. This density range is slightly below the specification and produces cart bodies less rigid than high -density polyethylene (HDPE), making it a flexible yet tough material. The increased flexibility makes it resistant to impacts without breaking which is ideal for products such as waste and recycling containers that need to withstand wear and tear. A resin with this density is an excellent moisture barrier, making it ideal for waste and recycling containers. This resin grade offers good resistance to various chemicals, including alcohols, acids, and bases. Low density resin is a perfect match with our rotationally molded process, and our cart bodies consistently last 15-20+ years in active service life and are warranted with a standard residential warranty of 12 years on the cart body (with 10 years of coverage on all other cart components). Will the City accept a resin density of 0.935? • Pg. 6: LOAD RATING: 45/48 Gallon -160 pounds ANSI Standard Z245.30-2008 limits a cart's load rating to 3.5 pounds per gallon. Will the City accept a 48-gallon cart that has a load rating of 168 pounds, the maximum allowable load rating by ANSI for a 48-gallon cart? • Pg. 8: AXLE: The axle must be 27/32" or greater for 96-gallon containers and 45/48-gallon containers must be 3/4" or greater diameter zinc chromate plated solid high strength steel fully supported by cart body. A standard axle in U.S. carts has been 5/8" diameter solid steel for over 40 years. The ultimate yield strength of a 5/8" axle is 2,000+ pounds, six (6) times the load rating of the 96-gallon cart and nearly twelve (12) times the load rating of the 48-gallon cart based on ANSI required load ratings. Will the City allow a minimum 5/8" axle? Pg. 10: QUANTITY PRICING: Vendor to guarantee pricing for a 24-month period from date of bid award. Due to the volatility of both resin and freight for cart pricing, it is common for long-term contracts to allow quarterly price adjustments using highly respected indices (respected by municipalities and manufacturers alike). Pricing can then start at a best/fair price level, without additional margins added as an attempt to anticipate unknown future costs changes over the course of a year. Then, pricing can be adjusted according to real-time indices with actual market costs. We respectfully request that the City allow bidders to propose price adjustments according to industry standard indices and procedures, with transparent documentation of indices and calculations of new pricing. • Pg. 9: Required assembly limited to lids and wheels. Standard assembly for most manufacturers, for best use of space on the truck and less cost for freight, is carts with lids attached. While we have a unique ability to ship carts fully assembled (with all cart components attached), the cost is as much as 30-40% greater when fully assembled (less carts fit on a load). Please confirm that shipping carts with lid, stop bar and axle (and wheels on bottom cart of each stack) is acceptable, or what the City requires. Pg. 11: BID/PROPOSAL - Will the City please clarify what is required to be entered into the top- most line, when there are 2 separate lines for different sizes of carts underneath to be priced? Pg. 13: #7 - Vehicle Bids - Will the City please confirm that this section does not apply to this cart bid, and that there is no bonding required for the bid? We thank the City for your consideration of our questions and look forward to receiving a response. Thankyou, Tracey Barry Bids /Contracts Specialist IMMM 841 Meacham Road Statesville, NC 28677 Phone- 800-424-0422 Ext.9583 Email — tbanrV(aDwasteguip.com CAUTION: This email originated from outside of the City of South Bend's network. Do not click links or open attachments unless you validate the sender and know the content is safe. Please report any suspicious emails to the CyberSecurity team by clicking the Phish Alert Button in Outlook. 'NOTICE TO BIDDERS Notice is hereby given that the City of South Bend, Indiana, Board of Public Works will receive sealed electronic bids at bpwbids@southbendin.gov until 9:00 a.m., Local Time, on November 25, 2025, for the following: Bid for Six Thousand (6,000) More or Less Universal/Nestable Refuse and Yard Waste Containers Specifications are available for download by visiting the City of South Bend's web page at www.southbendin.gov: X Click on "I'm Looking For" X Click on "Doing Business in South Bend" X Click on "City Contracts — Invitations to Bid" X Click on the "Required Link" to register your company. You must register to receive addenda and updates to the specific bid you are interested in. Failure to do so could render your bid non -responsive to the specifications. There is no charge for the specifications. The specifications are also available for review only during regular working hours in the Department of Public Works, South Bend, Indiana 46601. Bids received after 9:00 a.m. Local Time, on November 25, 2025, will be deemed late. The Title of the Bid and Project Number (where applicable) as described above must be included in the subject line of the email to which you have attached your bid. The name of the company/vendor, address, contact email address and phone number must be included in the body of the email. Detailed instructions and information, including the link to the Reserved Mailbox for electronic bid submittals, is available at south bend in.gov/bids. Bids must be on the City of South Bend Bid/Proposal form provided, which includes a Non -Debarment Affidavit, Non -Discrimination Commitment form, and a Non -Collusion Affidavit Form. The Board reserves the right to reject any or all bids or to accept a full or partial award of the bid or bids which, in its judgment, will be to the best interests of the City of South Bend. If the Board elects to award the base bid plus an alternate(s), the Board will look at the totality of the cost when determining the lowest, most responsible bid. The Board may reject any bid that does not conform to these requirements as non -responsive. BOARD OF PUBLIC WORKS Hillary Horvath, Clerk Publish two (2) times: August 29, 2025 September 5, 2025 THIS FORM IS NOT APPLICABLE TO TOTER, LLC (To be completed only by Contractors/Bidders claiming to be a "local Indiana business" pursuant to I.C. 36-1-12-22) INDIANA LOCAL BUSINESS PREFERENCE CLAIM A "local Indiana business" refers to any of thefollowing: (1) A business whose principal place of business is located in an affected county. (2) A business that pays a majority of its payroll (in dollar volume) to residents of affected counties. (3) A business that employs residents of affected counties as a majority of its employees. (4) A business that makes significant capital investments in the affected counties as defined in rules adopted by the political subdivision. (5) A business that has a substantial positive economic impact on the affected counties as defined by criteria in rules adopted by the political subdivision. An "affected county" refers to St. Joseph County, Indiana, or the following counties located adjacent to St. Joseph County: Elkhart County, Marshall County, Starke County and LaPorte County There are the following price preferences for supplies purchased from a local Indiana business: • 5% for a purchase expected by the purchasing agency to be less than $50, 000 • 3%for a purchase expected by the purchasing agency to beat least $50,000 but less than $100,000. • I % for a purchase expected by the purchasing agency to beat least $100, 000. Date: Pursuant to I.C. 5-22-15-20.9, preference for Project South Bend, St. Joseph County, Indiana. claims a local Indiana business (Project # ) located within the City of ❑ The location of the principal place of business is (Address) ❑ St. Joseph County, Indiana ❑ The following county located adjacent to St. Joseph County, Indiana: ❑ The majority of the business's payroll for the 12 months prior to the date of this Bid is to residents of St. Joseph County, Indiana or the adjacent county noted above. ❑ The majority of the business's employees for the 12 months prior to the date of this Bid are residents of St. Joseph County, Indiana, or the adjacent county noted above. If the business is deemed to be the apparent lowest, responsible, responsive bidder, then it shall provide supporting documentation for the 12 month period prior to the date of the Bid of (i) the total payroll amount paid to all employees of the business, and (ii) the total payroll amount paid to employees who are residents of St. Joseph County and the adjacent county noted above. WHEN SUPPLYING SUPPORTING PAYROLL RECORDS, BIDDER SHALL REDACT ALL SOCIAL SECURITY NUMBERS. Dated this day of 20 Contractor/Bidder (Firm) Signature of Contractor/Bidder or Its Agent Printed Name and Title 2 BID NAME FOR BIDS DUE SPECIFICATIONS CITY OF SOUTH BEND Bid for Six Thousand (6,000) More or Less Universal/Nestable Refuse and Yard Waste Containers November 25, 2025 by 9:00 a.m. Local Time Pursuant to notices given, the undersigned offers bid(s) to the City of South Bend in accordance with the following attachment(s) which specify the class or item number or description, quantity, unit, unit price. It is the intent of these specifications to describe 96 and 45/48- gallon refuse and yard waste containers for the City of South Bend. All containers must be manufactured in the U.S.A. The City of South Bend reserves the right to reject any and all bids, which in its judgement, will be in the best interest of the City of South Bend. Vendor to complete bid proposal, and non- discrimination commitment contained in this bid specification and attach to the submitted bid. Vendor shall provide all information requested in specifications to qualify for the bid. Vendor shall indicate YES or NO for each area of the specification. Any variations to the following specifications must be noted on a separate sheet and attached to the bid in order for the bid to be valid. Vendor to complete bid proposal, and non-discrimination commitment contained in this bid specification and attach to the submitted bid. MANUFACTURING PROCESSES AND MATERIALS: Each YES NO rollout container shall consist of a body, lid, wheels, axle, and necessary accessories. The plastic resin material and the finished container must meet the minimum specifications herein. PLASTIC MATERIAL: Base plastic resin must be first quality linear low density polyethylene supplied by a national petrochemical producer. Please list supplier: This information is proprietary Bidder must submit technical data sheet(s) from the resin producer, which verify that the resin to be used in the container body will meet the following minimum property levels: ESCR - > 1000 hrs Elongation - > 1000% Density - 0.937-0.940 RESIN ADDITIVES: The plastic resin must be enhanced with color YES NO pigment and ultraviolet inhibitor, which must be uniformly distributed throughout the finished container. To ensure thorough distribution of these additives, the resin and additives must be mixed in a molted state using a hot -melt compounding process. 5 See City's answers to Questions Bidder must submit a statement certifying that all of the plastic resin and additives will be hot -melt blended. CONTAINER REQUIREMENTS: The rollout containers must be YES NO compatible with standard American semi -automated bar -locking lifters (ANSI type B) as well as automated arm lifters (ANSI type G) and function as follows: ANSI CONFORMANCE: Containers bid herein must meet the requirements of ANSI Z245.30-1999 and ANSI Z245.60-1999 standards for "Type B/G" containers. Bidder must submit independently certified copies of all ANSI test results with bid. Test results must state load (in pounds) under which tests were conducted. The load under which the tests were conducted must be the same as the load rating stated in all literature and specifications. The ANSI Appendix D test for "Loading and Unloading Test for Carts" must clearly state that the required 520 dump cycles under the cart's full rated load were performed on both a Semi -Automated Cart Lifter and a Fully Automated Grabber Arm. Containers must be made of material/texture or a gripping surface to prevent container from slipping out of the truck gripper arms. LOAD RATING: Containers must be designed to regularly receive ES NO and dump the following pounds of waste materials, excluding the weight of the container, without permanent damage or deformation. The load rating must conform with ANSI Standard Z245.30. 96 Gallon — 335 pounds and 45/48 Gallon — 160 pounds Bidder must submit its normal printed color sales brochure which shows the exact product item bid and the corresponding load rating. Bidder must mark the location of the load rating on the brochure with a bold red arrow so as to aim directly at the load rating. Load rating stated on literature must exactly match all specifications, ANSI certification submitted with bidder's proposal, and the load rating permanently marked on the product. 96 Gallon: STATE LOAD RATING - 335 pounds 45/48 Gallon: STATE LOAD RATING - 168 pounds WEIGHT: The total weight of the fully assembled container shall be YES NO as follows: 96 Gallon — 34 pounds minimum 45/48 Gallon — 22 pounds minimum See City's answers to Questions STATE FULLY ASSEMBLED WEIGHT OF EACH SIZE — 96 Gallon - 34.4 pounds 45/48 Gallon - 23.8 pounds CAPACITY: The total capacity of the container body, excluding the YES NO lid, must be 96 and 48 U.S. gallons (+/- 2%). The width of the 96- gallon container must be at a minimum 29.25 and 22.50 for the 45/48-gallon containers. Bidder must include an independent test result according to ANSI Z245.30, Appendix A (Volume Test), certified by an accredited professional engineer, showing the exact capacity of the cart body (to the nearest 0.1 U.S. gallon). 96 Gallon: STATE BODY CAPACITY - 96.36 U.S. Gallons 45/48 Gallon: STATE BODY CAPACITY - 48.14 U.S. Gallons DIMENSIONS: The exterior dimensions of the completely EE10 assembled containers shall be as follows: 96 Gallon Height: 41.25" — 46.0" STATE HEIGHT - 43.50 Length: 33.88" — 35.5" STATE LENGTH - 35.50 " Width: 29.25" — 29.75" STATE WIDTH - 29.75 " 45/48 Gallon Height: 37.5" — 39.20" STATE HEIGHT - 37.50 " Length: 27.40" — 29.0" STATE LENGTH - 28.75 " Width: 22.50" — 24.0" STATE WIDTH - 23.50 " HANDLES: Each container must be equipped with two (2) handles, CE)NO each a minimum of 1" diameter. The handles and handle mounts must be an integrally molded part of the container body. The handles shall be designed to afford the user positive control of the loaded cart at all times. The handles must not have the ability to rotate on their own axis at any time. Handles which are molded as part of the lid are unacceptable. Bolted -on handle mounts or bolted -on handles are unacceptable. LID: The lid shall be configured to ensure that it will not warp, YES NO bend, slump, or distort such an extent that it no longer fits the container properly or becomes otherwise unserviceable. The lid must be crowned in shape and designed to disallow entry of rain when in the closed position. The lid must open from a closed position through a full 270' arc. Living hinges and lid counter weights are unacceptable. Lid latches are unacceptable. The rim must also include a ledge on which the lid rests to create a tight seal between body and lid. BOTTOM: The bottom of the container must have a molded -in wear YES NO strip to protect against dragging. Container base must be impact resistant at all points (four corners and the center) of the base for durability. Screw -on, bolt -on, or pop -on wear guards are unacceptable. WHEELS: Wheels shall be 10" diameter and 1.75" wide with NO knobby treads. Wheels must be extra high molecular weight polyethylene capable of supporting 200 pounds per wheel. AXLE: The axle must be 27/32" or greater for 96-gallon containers YES NO and 45/48-gallon containers must be 3/4" or greater diameter zinc chromate plated solid high strength steel fully supported by cart body. Axle must slide through two molded -in plastic journals in the cart bottom and must not be exposed to contents inside of container. Each molded -in axle journal must be at least 1" wide. Axles attached by means of bolts or rivets are unacceptable. STABILITY: Each container shall be stable and self -balancing when YES NO in the upright position, either loaded or empty. The container must be designed to withstand winds of up to 25 mph when empty. Containers must be easy for a citizen to tilt to the roll position when fully loaded while keeping both feet on the ground. Any container which is judged as too difficult to tilt when loaded with 335 pounds (96 Gallon) and 160 pounds (45/48 Gallon) of material will be disqualified. Containers that require a foot fulcrum to assist in tilting the container are unacceptable. LIFT SYSTEM: Each container shall be equipped with attachment a)NO points which make it compatible with standard American semi - automated bar -locking lifters and fully -automated arm lifters. The upper lift point must be integrally molded into the body of the container. The lower lift bar must be designed to withstand over ten (10) years of lifter attachment, and must be I" diameter galvanized steel. It must freely rotate a full 360' on its own axis. The lower bar must be mounted in molded -in plastic bearings so that it is not exposed to the contents inside the container. The lower bar must be factory installed and cannot be attached by means of rivets, screws, bolts, fasteners, etc. Containers with bolted on lower bars or plastic lower bars are NOT acceptable. COLOR — The container body color shall be a dark green or tan to ES NO match our existing carts. Bidder must supply sample chips of the colors available with their bid. Surface treatments, spray -on finishes and materials that are not homogenous are not acceptable. Color will be determined at the time of order. See City's answers to Questions Required assembly limited to lids and wheels. YES NO MARKINGS: Each container must be permanently marked with YES NO letters/numbers, as follows: SERIAL NUMBERS: Each container must have a serial number hot stamped in white on the front face of its body. The serial number shall be preceded by a letter or number code which designates the year of manufacture. Serial numbers shall be in sequence beginning with a number designated by the City. The bidder will maintain a file that will identify the date of manufacture by the serial number. LOGOS: The Seal of the City of South Bend along with other messaging shall be hot stamped onto both sides of the cart body. LID MESSAGING: The container lid will include messaging provided by the City also the street side of containers shall be marked NO PARKING. The messages for all containers will be provided by the City. RFID tags compatible with Desert Micro Software be included. YES NO USER INSTRUCTIONS: Instructions for the safe use of the NO container must be molded into each lid. ENO LOAD RATING: The load rating of the container must be raised- relief molded into the lid. Load rating shall be stated in pounds. EXPERIENCE: YES NO REFERENCES: Bidder must submit with its bid a reference list of municipalities currently using the bidder's products. The list must include at least ten (10) municipalities who currently have at least 20,000 carts in service. Include the name of the municipality, year of installation, contact person, phone number, and quantity for each reference. Failure to include these references will result in bid disqualification. WARRANTY: Bidder must submit with bid a document which YES NO clearly states the exact warranty of the bidder. The warranty must be for no less than ten (10) full years and must specifically provide for no -charge replacement of any component parts which fail in materials of workmanship for a period of ten (10) years after installation. The bidders warranty is understood to include, whether stated in bidder's warranty or not, the following coverage: Failure of the lid to prevent rain water from entering the container when in the closed position. Damage to the container body, lid, or any component parts through YES NO opening or closing the lid. Failure of the lower lift bar from damage during interface with lifters. YES NO Failure of the body and lid to maintain their original shape. YES NO Damage or cracking of the container body through normal operating YES NO conditions. Failure of the wheels to provide continuous, easy mobility, as YES NO originally designed. Failure of any part to conform to minimum standards as specified YES NO herein. If bidder is owned by another business entity, then the owning entity =ESNO must also accept full financial responsibility for the warranty of the bidder. The bidder must submit with their bid a letter from the owning entity which clearly states its obligation and commitment to honor the warranty of the bidder, should the bidder ever be in a position to not do so. Such letter shall be signed by the owning entity's top officer and notarized. Warranty specimen of exact warranty offered must be included with ES NO proposal. LEGAL OR ADMINISTRATIVE SETTLEMENTS: The YES / NO manufacturer of the cart must submit the name, contact name and telephone number for each government or agency with which it has had a legal or administrative settlement of warranty, cart failure claims or contract performance within the last five (5) years including ongoing negotiations of settlement. Include a brief summary of the settlement or indicate if a "gag order" was imposed, and by whom it was ordered. This information must be provided on a separate page entitled "Legal or Administrative Settlements." QUANTITY PRICING: YES NO 6,000 more or less 96 gallon or 45/48 gallon in combination containers over a 24 month period. Vendor to guarantee pricing for a 24 month period from date of bid award. A supply chain disruption or other inflation related expenses will not be grounds for charging a higher price than bid. DELIVERY: Max 60 days. Vendor to state approximate delivery ES O time from bid award. MISCELLANEOUS: Must provide samples if requested by the City YES NO within two weeks. Delivered to: 3113 Riverside Drive, South Bend, IN 46628. Price NO 9 to include all freight costs. 10 Please see Toter's "Exceptions" BUILT FOR EXTREMES" Toter, LLC's Response — City of South Bend Bid for Six Thousand (6,000) More or Less Universal/Nestable Refuse and Yard Waste Containers TOTER'S EXCEPTIONS ✓ EXCEPTION: QUANTITY PRICING: 6,000 more or less 96 gallon or 45/48 gallon in combination containers over a 24 month period. Vendor to guarantee pricing for a 24 month period from date of bid award. A supply chain disruption or other inflation related expenses will not be grounds for charging a higher price than bid. As indicated in our "Notes to Pricing", the market and actual costs of manufacturing carts continue to be volatile through time, not allowing pricing to be held firm beyond 90 contract calendar days (or 3 months) at a time. It is Toter's policy to utilize price adjustments to prevent penalizing the City with high pricing which would be set to offset non -predictable fluctuations through time. With our proposed Price Adjustments procedure, we can keep our pricing fair for both the City and Toter. Please refer to our Price Adjustments page in our Bid. ✓ EXCEPTION: CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NOW DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS. Item #7, third paragraph, I, the undersigned bidder or agent as contractor on a public works project, understand my statutory obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-8-1). 1 hereby certify that I and all subcontractors employed by me for this project will use steel products or foundry products made in the United States on this project if awarded. I understand I have an affirmative duty to notify the City in my bid that my proposal does not include the use of steel products or foundry products made in the United States. I understand it is my sole obligation and responsibility to provide a justification to the City, subject to review and approval, why the cost of United States made steel or foundry products is unreasonable. Prior to award and upon submission of bid which does not use steel products or foundry products made in the United States, the City, through its director of public works, shall make a determination if the price of United States made steel or foundry is unreasonable. I understand that violations hereunder may result in forfeiture of contractual payments. Toter, LLC understands the above stipulation, but Toter is not compliant with this requirement due to the exorbitant cost that would have been required to include U.S. Steel components: • Stop Bar to fit both Models 79296 and 79248 bid herein —Part Number 5945-20-GALV —U.S. Steel components increase in cost by 560%. • Axle to fit Model79296 bid herein — Part Number 5647-MP-ZINC— U.S. Steel components increase in cost by 560%. • Axle to fit Model 79248 bid herein — Part Number 5643-MP-ZINC — U.S. Steel components increase in cost by 560%. BUILT FOR EXTREMES"' Toter, LLC's Response — City of South Bend Bid for Six Thousand (6,000) More or Less Universal/Nestable Refuse and Yard Waste Containers TOTER'S NOTES TO PRICING ✓ Pricing totals are based on approximately 3,000 carts of each size, due to Question/Answers with the City. However, Toter's Unit Pricing is based on orders placed in lots of truckload quantities of 624 carts per load of 96 gallon carts, or 912 carts per load of 48 gallon carts. Sizes may be mixed to make up full truckload quantities. When mixing sizes, please note that Toter's minimum order quantity is 100 carts of the same size/model, markings and features. Orders for other than lots of truckload quantities may be made, but may incur additional freight. ✓ Firm Pricing - As indicated in our "Exceptions", the market costs of resin and freight continue to be volatile through time, not allowing pricing to be held firm beyond 90 contract calendar days (3 months) at a time. It is Toter's policy to utilize price adjustments to prevent penalizing the City with high pricing which would be set to offset non -predictable fluctuations in the market. With our proposed Price Adjustments procedure, we can keep our pricing fair for both the City and Toter. Please refer to our Price Adjustments page in our Bid. ✓ Delivery - Toter agrees to deliver carts within 60 days from Toter's receipt in writing of Purchase Order, Order Confirmation, and Markings Approvals forms from the City, and if credit has been established; however, the delivery time frame may be subject to shorter or longer lead times due to extraordinary demand or outside circumstances including our compliance with applicable CDC/local agency guidance and mandates, executive orders, and federal, state and local laws. ✓ Taxes— Pricing does not include applicable taxes. ✓ Payment Terms — 0% discount; Net 30 days. Toter. Built for Extremes' Toter Index Formula Pricing: Quarterly Adjustments For supply contracts with a term of greater than two (2) years, Toter will adjust prices in accordance with its index formula program, as detailed below. • The objective/intent of index formula pricing is to provide complete transparency in price adjustments going forward. • Index formula pricing is intended to be fair to both seller and buyer. This is achieved with the use of publicly published indexes, and formula compositions that represent the product/s being purchased. • Different formulas may be used for different product types purchased. • Index formula pricing is widely accepted and commonly employed for the management of prices of resin -based products, within the plastics industry. • Toter's processes, including its index formula program, are subject to internal and external audits. Formula Composition • The formula inputs and percentage weightings of each input represents the product make-up. Formula Calculation/Methodology — Quarterly Adjustments • The percentage price change will be based on the (3)-month average (Measurement Period) of the input indexes, and the weightings as detailed in the formula composition. • The effective date for the new prices will be (1.5) months after the end of the Measurement Period. This is because there is always a lag of approximately (3) weeks to the settlement of index prices following the end of each calendar month. That is, January's index price is generally not settled until the third week in February. • Non -market adjustments (NMA) are adjustments/resetting of prices by index publishers and do not represent actual change in prices (increases/decreases) to resin buyers. As such, NMA's will be ignored or reversed out of the data. • Due to the formula composition and weighting having been agreed upfront between seller and buyer, the indexes are independently published and available to both seller and buyer, no notice of price changes will be provided prior to the implementation of formula price changes. The effective dates for the new prices will be detailed in the formula/s. However, Toter will endeavor to provide as much notice of price changes as possible. Tester R Built for Extremes' Formula composition for EVRII, New Universal Carts, and Front -End Loaders Formula Inputs Index Source Weighting LLDPE - Hexenel Chemical Market Analytics 45% PPI Chemical & Allied Products U.S. Bureau of Labor Statistics 15% PPI All Commodities U.S. Bureau of Labor Statistics 15% ECI Labor U.S. Bureau of Labor Statistics via FRED 20% Cass Freight Index Cass Information Systems 5% Formula composition for Manual and Automated Bear Carts Formula Inputs Index Source Weighting LLDPE - Hexenel Chemical Market Analytics 35% PPI Chemical & Allied Products U.S. Bureau of Labor Statistics 20% PPI All Commodities U.S. Bureau of Labor Statistics 15% ECI Labor U.S. Bureau of Labor Statistics via FRED 25% Cass Freight Index Cass Information Systems 5% Sample Formula E11R II and New UniversaI Cart Formula - quarterly Built fc Actual Forecast Forecast Measurement Period Jul - Sep Oct - Dec Jan - Mar Jurr25 2025 2025 2026 nputs Index source start LLDPE- Hexenel PPI Chemical &Allied Products PPI All Commodities ECI Labor Cass Freight Index LLDPE-Hexenel PPI Chemical &Allied Products PPI All Commodities ECI Labor Cass Freight Index Chemical M a rket An a lyti is 0.920 US. Bureau of La hor Statisti is 349.1 US. Bureau of La hor Statisti is 2602 US. Bureau of La bor Statisti is vi a FRED 169.3 Cass Information Systems 3273 Weighting 45% 15% 15% 20% 5% 0,820 0.910 0.823 349.1 349.1 349.1 Monica Pham: 2602 2602 2602 No forecasts available. 169.3 169.3 169.3 As such, forecast 3273 3273 3273 formula price changes cannot be relied upon. 0.00% -122% 1.65% 0.00% a_ooss 0.00% 0.00% 0_00% 0.00% 0.001% 0.00% 0.00% 0.00% 0.00% 0.00% Formula Price Change %1 0.00% -0.55% 0.74% Effective Date of New Adj ust ed Price I i5-Nmr25 15-Feb-26 15-May-26 Products Initial Price New Adjusted Price 96 GAL Universal EVR2 $ 59.25 $ 59.25 $ 58.92 $ 59.36 Non market adjustments (NMA) are adjustmentslresetting of index basis by index publishers and do not represent actual change in prices (increasesldecreases) to resin buyers. As such, NMA's %IOR be ignorecilreversed out of the data. CITY OF SOUTH BEND INSTRUCTIONS TO BIDDERS BID FORMS AND EXECUTION A. Bidders are expected to examine the Drawings, Specifications, Proposal and all Instructions. Failure to do so will be at the Bidder's risk. B. Each Bidder shall furnish all information required by the Notice, Instructions to Bidders and Specifications. Bids must be made on the form provided. The Bidder shall sign the Proposal and Non -Collusion Affidavit, which is a part of the provided form, where indicated, provide a notary signature and provide all other information required. C. The Bidder shall sign the Proposal in the following manner: If the Proposal is made by an individual, his/her name and post office address must be shown. If made by a partnership or joint venture, the name and post office address of each member of the partnership or joint venture must be shown. If made by a corporation, the Proposal must be signed by an officer of the corporation or by a representative duly authorized by the corporation to execute the Proposal in its behalf. ORDER OF PRECEDENCE A. Bid Form attached Proposal B. Amendments to Specifications C. Specifications D. Special Provision E. Instructions to Bidders F. Notice to Bidders DELIVERY OF BIDS A. Electronic bids/quotes/proposals shall be submitted to: bpwbids(d)southbendin.gov. This is a confidential, reserved address for bid/quotes/proposal submittal only (Reserved Mailbox). All other communications should be addressed specific to the intended recipient. 1. The SUBJECT LINE of the transmittal must list the Title of the Project as described in the Notice to Bidders and Specifications, and the Project Number (where applicable). The message body shall contain the company/individuals name, address, point of contact email address and phone number. Submission of bid documents shall be in the form of an attachment using one or a combination of the formats listed in section IV of this page. B. Submitted bids/quotes/proposals shall be in accordance with the date and time set forth in the Notice to Bidders and Specifications. Any bids received after the listed closing date and time shall not be considered. The City of South Bend is not responsible for equipment or software failure that may cause delays or non -delivery. Samples will not be accepted except in the case if samples are requested to be provided in the bid/proposal/quote solicitation, colored scanned images may be submitted. Bids will be opened and read publicly at the time and place designated in the Notice to Bidders. Bidders, their authorized agents, and the public are invited to be present. C. Bidders may bid on one (1) or more items. D. The Board may reject any bid based on being non -responsiveness should such bid not conform to these requirements as listed herein or if a bid cannot be delivered in a manner consistent with the needs of the City. ADDENDA — NO VERBAL INTERPRETATIONS A. No inquiries by Bidders relative to interpretation of Plans, Specifications, Special Provisions, or other Bidding Documents will be answered verbally. If any prospective Bidder is unable or unwilling to comply with one or more requirements of the bidding document, such Bidder 12 should so inform the Board of Public Works in writing. Upon receipt of such information, consideration will be given to the advisability of issuing an Addendum which would thereupon become applicable to all Bidders. Any such inquiry must be submitted at least seven (7) days prior to the bid opening date in order to give the Board sufficient time to consider any necessary Addendum. All answers to such inquiries, in the form of Addenda, will be furnished to all prospective Bidders who have registered with the City. All Bidders are required to acknowledge receipt of any Addenda by inserting the Addendum number and the issuing date on executed Proposals. REJECTION OF PROPOSALS CONTAINING ALTERATION, ERASURES, INCOMPLETE BIDS AND ETC. A. Proposals shall be rejected if they show any alteration of form, additions not called for, conditional or alternate bids (except when and insofar as are invited), incomplete bids, erasures or irregularities of any kinds. B. All blank spaces for bid prices must be filled in, in ink, with the unit price and total price for each item (This does not apply to divisible bids). In case of incorrect totaling of amounts and where the unit price and the extension thereof do not agree, the unit price for each item shall govern, and the City is authorized to correct all erroneous extension and totals for the purpose of comparing bids. TRADE DISCOUNTS A. Trade discounts shall not be shown separately, but shall be incorporated in the Bidder's unit price, unless otherwise specified. VEHICLE BIDS A. Bidders may bid on one (1) or more vehicles, provided however, that the bid submitted for each vehicle is delivered in a separate, sealed envelope, by vehicle, with the envelope clearly labeled on Bidders may bid on one (1) or more vehicles, provided however, that the bid submitted for each vehicle is delivered in a separate, sealed envelope, by vehicle, with the envelope clearly labeled on the outside as to the specific vehicle for which the bid is being submitted. Bidders may submit separate bid bonds for each vehicle being bid upon OR may submit one (1) bid bond equal to 10% of the combined total of all vehicle bids submitted. B. If an Option is included within these specifications, please be advised that, optional items placed in the specifications are to determine the best configuration of the item within a budgeted amount and may be included in the award criteria. If the Board elects to award one or more option(s), the base bid price and the option bid price(s) will be totaled and compared for all bidders offering the final configuration. Award will be made based on the lowest responsible/responsive bid prices submitted for the base bid with the selected option(s), if applicable. Failure to submit a bid on an option may result in the entire bid being non -responsive, depending on the final configuration of the product. The Board may reject any bid that does not conform to these requirements as non -responsive. TAX EXEMPTIONS A. The City of South Bend is exempt from the payment of federal excise and transportation taxes levied under the provision of the Internal Revenue Code. It is also exempt from the Indiana State Gross Retail Tax (sales tax). The City will furnish the successful Bidder with any certificate of exemption required. 10. WITHDRAWAL OF BIDS A. Withdrawal of bids will be allowed only in those cases in which a written request to withdraw a bid is received by the Board of Public Works prior to the date and hour for receiving and opening bids. In such cases, the same will be returned to Bidder unopened. 11. ESCALATOR OR CONTINGENT CLAUSES A. The use of escalator clauses or other contingent clauses by the Bidder is prohibited, unless requested or permitted by the Invitation to Bid. No Proposal shall contain nor be accompanied by any writing purporting to limit or qualify the City's right to accept such 13 Proposal or purporting to alter such Proposal or any Contract which may be executed pursuant thereto. 12. PRICES MUST BE DELIVERED PRICES A. The bid price shall be a delivered price. All materials shall be shipped F.O.B. destination as specified in the Invitation to Bid. No fuel surcharges accepted. 13. AWARD — WAIVER OF TECHNICALITIES A. The Award of Bid, if any award be made, will be made within sixty (60) calendar days after the opening of Proposals to the lowest responsible and responsive Bidder who's Proposal complies with all the requirements prescribed, exclusive of technicalities waived. Until the final award of the Bid, however, the right is reserved by the City to reject any and all Proposals and to waive technical errors. 14. SPLITTING OF AWARDS/DIVISIBLE BIDS A. Bids will be awarded on the basis of the total dollar amount for all items in the Proposal unless the bid is described by the City as a Divisible Bid. The City may award a Divisible Bid to the lowest responsible and responsive Bidder for each item or class of items as indicated in the bid documents. 15. BIDDER QUALIFICATION A. The City may require any Bidder to submit evidence of qualifications, and may consider any evidence of the financial, technical, and other qualifications and abilities of the Bidder. The City will not award a Contract to a Bidder who, in its opinion, is not fully qualified on the basis of financial resources and responsibility, possession of adequate equipment, personnel, experience, and past record of performance to perform the obligations to be undertaken competently and without delay. 16. PURCHASE ORDERS A. A Purchase Order will be issued to the successful Bidder after formal acceptance of the bid is made by the City. 17. NEW MANUFACTURE A. Unless otherwise specified in the Invitation to Bid, the items offered shall all be new and the latest model of manufacture. 18. SOURCE OF SUPPLY A. If the Bidder is not a manufacturer, the source of supply must be shown and all sub- contractors must be identified. 19. PACKAGING A. All items shall be delivered strongly packed and marked according to accepted commercial practice unless otherwise directed in the Specifications. No charge shall be made for containers and the City shall have no obligation to return containers unless otherwise provided by the Specifications or Special Provisions. Any items not received in good condition will be rejected. 20. INSPECTION OF GOODS A. The City of South Bend reserves the right to inspect and have any goods tested after delivery for compliance with the specifications. Notice of latent defects, which would make the item unfit for the purposes for which they are required, may be given at any time within one year after discovery of the defects. B. All items rejected must be removed immediately by the Contractor at the expense of the Contractor. If the Contractor fails or refuses to remove the rejected items, they may be sold by the City of South Bend. C. In some cases, at the discretion of the City, inspection of the commodities or equipment will be made at the factory, plant, or other establishment where they are produced before shipment. D. The above provision shall not be construed in limitations of any rights the City may have under any laws including the Uniform Commercial Code. 14 21. ASSIGNMENTS A. No person to whom a Contract has been awarded may assign his interest in the Contract without the consent, in writing, of the City. 22. CANCELLATION A. The City of South Bend reserves the right to cancel any Contract for failure or refusal of performance, fraud, deceit, misrepresentation, collusion, conspiracy, or any other misconduct on the part of the Contractor. 23. DEDUCTION OF DAMAGES A. If the City cancels the contract for any cause, it shall deduct from whatever is owed the Contractor on the Contract or any other Contract, any amount sufficient to compensate the City for any damages suffered by it because of the Contractor's wrongdoing. 24. METHOD OF INVOICING FOR PAYMENT A. Contractor shall bill the City of South Bend 1. On regular invoice form giving a complete and detailed description of the goods delivered, including purchase order number. 2. If the Contractor allows a discount, the period of time in which the City must make payment to qualify for the discounts shall be computed from the date the City received the invoice (completely filled out), or the date the goods are delivered and accepted, whichever may be later, and shall not be less than twenty (20) days. 3. If more than one shipment is made under the Contract and on the same purchase order, the City will make partial payments on a basis that is agreeable to both parties. 25. OWNERSHIP OF GOODS A. The goods which are the subject of the Contract shall remain property of the Contractor until delivered to and accepted by the City of South Bend. 26. ESTIMATED QUANTITIES A. If the quantity set forth in the Notice to Bidders and Proposal is approximate and represents the estimated requirements of the City for a specified period of time, the unit price and the extended total price thereof shall be used only as a basis for the evaluation of bids. The actual quantities necessary may be more or less than the estimate, but the City shall neither be obligated nor limited to any specific amount. The City will, if at all possible, restrict increases to twenty percent (20%) of the estimated quantity and will, if at all possible, restrict decreases to twenty percent (20%) of the estimated quantity. 27. TERM "OR EQUAL" A. Where the term "OR EQUAL" is used in these Specifications, the Bidder deviating from specified item shall file with his/her bid a letter fully explaining and justifying his/her proposed article or equal. The City of South Bend shall be the sole judge in determining if the "OR EQUAL" offered meets the Specifications. 28. INDEMNIFICATION CLAUSE A. The Contractor agrees to indemnify, defend, and hold harmless the City of South Bend, its agents, officers, and employees from all costs, losses, claims and suits, including court costs, attorney fees, and other expenses, arising from or out of the negligent performance of this Contract by the Bidder or because or arising out of any defect in the goods, materials or equipment supplied by the Bidder. NOTE: Electronic bids must be on the City of South Bend Contractor's Bid for Public Work Form. The Board of Public Works will receive sealed electronic bids at bpwbids@southbendin.gov until 9:00 a.m., Local Time, on November 25, 2025. 15 er * Built for Extremes' . +►r.�-F - (S) ��� �-10 o, *12-YEAR* INDUSTRY -LEADING DURABILITY There's no other curbside collection cart that's built to last quite like a Toter. Constructed using Toter's Advanced Rotational Molding'M process, Toter carts are built to keep working long after others fail - more than 2x longer. They're backed by a 12-year body warranty, the best in the industry. Toter' carts are extremely flexible, impact -resistant, and easily handle the day -to- e''' day abuse of curbside waste collection. ....• ..... I ■� I`j 1 _ Toter carts feature a heavy-duty wear strip to withstand dragging across rough surfaces. Only Toter carts have a Rugged Rim® to extend the life of the cart. Toter's Advanced Rotational Molding- process creates a 4r' stronger can that is built for toughness and maximum impact resistance. • Stress -free, zero -pressure process, unlike injection molded carts • Tough and durable • 12-year body warranty s: • Fade -resistant Toter carts are extremely impact -resistant - they flex, but don't break. CART FEATURES Rugged Rime adds rigidity and reinforced material in critical wear areas, extending the life of the cart. Factory -installed 3600 rotating steel stop bar is compatible with semi -automated garbage collection trucks. Ideal handle height and best -in -class ergonomics provide easier maneuverability Textured surface resists scuffs and scratches and hides unsightly dirt. *12-YEAR* 5/8" axle provides over 2,000 lbs. of bending strength. Molded -in axle journal provides 6x more support than drilled holes. Rugged wheels make maneuvering a breeze - even when completely full. Advanced Rotational Molding' creates a stronger cart that is built for toughness and maximum resistance. • Unique industry -leading aerodynamic design prevents cart from falling down when lid is flipped back • Toter carts meet ANSI standard Z245.30 for safety and Z245.60 for lifter compatibility • Multi-lingual user safety instructions molded on top and underside of lid • Bottom wear strip provides added abrasion protection OPTIONS • One -color hot stamps and raised imprint on lid • Large, four-color in -mold label on lid • Cart identification barcode • UHF RFID tag mounted inside handle • Large area on the side for custom graphics including one -color hot stamps, raised imprints or four-color in -mold labels .ti f. 4 ti EXCEEDS ANSI STANDARD Independently tested to withstand 6-% Ibs per gallon. 96-gallon EVRII Universal / Nestable Part Number: 79296 Size (I x w x h) 35-1/2" X 29-3/4" X 43-1/2" Load Rating 335 Ibs/151.9 kg Wheel Diameter 10" 64-gallon EVRII Universal / Nestable Part Number: 79264 Size (I x w x h) 31-1/2" x 24-1/4" x 41-3/4" Load Rating 224lbs/101.6 kg Wheel Diameter 10' 48-gallon EVRII Universal / Nestable Part Number: 79248 Size (I x w x h) 28-3/4" x 23-1/2" x 37-1/2" Load Rating 168 Ibs/76.3 kg Wheel Diameter 10" 16-gallon EVRII Universal / Nestable" Part Number: 79216 Size (I x w x h) 24" x 19-3/4" x 37.25" Load Rating 56 Ibs / 25 kg Wheel Diameter 10" ORGANICS CARTS 35-gallon EVRII Universal Part Number: 79235 Size (I x w x h) 23-3/4" X 19-3/4" X 38-1/4" Load Rating 122 Ibs/55 kg Wheel Diameter 10" 32-gallon EVRII Universal / Nestable Part Number: 79232 Size (I x w x h) 24" x 19-3/4" x 37-1/2" Load Rating 112 Ibs/50.8 kg Wheel Diameter 8" 21 & 24-gallon EVRII Universal" Part Number: 79221 & 79224* Size (I x w x h) 23-1/2" X 19-3/4" X 34-1/2" Load Rating 21 gal- 73.5 Ibs/33.4 kg 24 gal- 84.0 Ibs/38.1 kg Wheel Diameter 10" Does not nest when fully assembled. ** Does not nest when fully assembled, and is below Type B saddle height, which requires the collector to lift the cart approx. 3 inches for semi -automated lifters. Toter two -wheel carts and caster carts are specifically designed to withstand heavy, wet organic waste. These heavy-duty, commercial -grade carts feature impressive load ratings up to 300 Ibs. (load ratings vary by cart size). Toter organics carts are leak -resistant with a fully enclosed stop bar journal under normal usage. Available in 21-, 32-, 48-gallon sizes Part Size Dimensions (L x W x H) Wheel Size Load Rating OPTIONAL FEATURES: 79321 21-gallon 23-1/2" x 19-3/4" x 34-1/2" 10" 131 Ibs / 59 kg Lids to keep critters out with a locking gravity latch that 79332 32-gallon 24" x 19-3/4" x 37-1/2" 8" 200 Ibs / 91 kg opens automatically when cart is picked up by the waste collector 79348 48-gallon 28-3/4" x 23-1/2" x 37-1/2" 10" 300 1bs / 136 kg AVAILABLE COLORS Toter carts are available in a variety of colors and textures. Granite finishes mask normal wear by helping hide scuffs, scratches, and dirt, keeping cans looking new for years. www__�Fww 01 0 BLACK (#200) BLUE (#705) BROWN (#270) GRAY GREEN (#125) (#940) WASTE GREEN* (#925) BRIGHT LIME RED* GREEN *(#780) (#570) YELLOW* (#390) SANDSTONE* BROWNSTONE* GREEN GRANITE* BLUESTONE* GRAYSTONE* GREENSTONE* DARK GRAY NAVY GRANITE* BLACKSTONE* (#249) (#279) (#929) (#709) (#129) (#968) GRANITE *(#149) (#769) (#209) Colors shown are as accurate as printing allows. Actual product colors are subject to variation from printed sample. *Available at an additional charge UNIVERSAL WASTE INDUSTRY COMPATIBILITY Toter's EVRII Series carts are built with a universal design — they're compatible with ANSI compliant fully -automated truck arms and semi -automated lifters. Toter carts are compatible with both fully automated arms (left) and semi -automated lifters (right). STACKABLE, NESTABLE, AND READY TO -ROLL Toter's EVRII Series carts are stackable and nestable — even when fully assembled. When shipped fully assembled, they're ready -to -roll, and can be delivered more quickly, more efficiently, and with fewer trips. Toter carts can also be shipped assembled with everything except wheels, significantly reducing labor and delivery expenses. Toter also offers optional on -route assembly and delivery service. Advanced Rotational Molding" Process How is a tough -as -nails Toter° cart manufactured? It begins with our patented Advanced Rotational Molding" process. Molds are filled with a pre -measured amount of plastic micro -pellets, and then moved into an oven where a microprocessor controls the temperature, blower velocity, bi-axial rotation and molding cycle. The oven melts the plastic material while the machine rotates, allowing the plastic to coat the inside of the mold. This method of heating and molding requires no high-pres- sure hydraulic equipment to fill the mold, so no stress is introduced during the molding cycle. This is not the case, by the way, with injection -molded products. The mold is then transferred to the cooling chamber for curing. The cooling cycle is controlled to optimize the final product's impact strength and performance. After the molds have been slowly cooled with air and water and the cart has cured to achieve its maximum impact strength and physical properties, the cart is removed from the mold to be trimmed, imprinted and assembled. Benefits and Advantages of Our Process Advanced Rotational Molding" eliminates the built-in stress, weakness and brittleness associated with injection -molded products. In addition, Toter uses linear medium -den- sity polyethylene (MDPE) that is specifically engineered for toughness and high -impact resistance. In contrast, injection -molded carts are made with high -density polyethylene (HDPE), which is rigid and brittle and offers poor impact resistance. Superior toughness and durability Single -piece product design Stress -free, zero -pressure product Ultraviolet (UV) stable Custom colors Corrosion and chemical resistance Unique design and structural capabilities such as rugged rim, sealed stop barjournals and granite finish t 4 Toter Toter EVR II Universal/Nestable 96 Gallon and 48 Gallon Cart Specifications Toter's EVR Product line was introduced in April 1994. The "World's Toughest CartTM" is Toter's patented EVR I and 11 carts. Toter carts offer the unique flexibility to upgrade from semi -automated, to fully automated, to patented volume -based and weight -based collection. No other cart line allows the ability to change and adapt its carts to changing collection needs while minimizing cart replacement investments. Toter's Advanced Rotationally Molded Carts, regardless of model/size, are virtually maintenance —free carts with a 15-20+years life expectancy. Unprecedented in quality, superior in manufacturing, and unsurpassed in performance/durability and low life cycle costs, they are truly "The World's Toughest Carts" Toter's Advanced Rotationally Molding Process combined with medium density polyethylene, 10" diameter wheels, and cart dimensions — produce sustainable carts that are durable, stable in winds, and easily maneuvered. Kayaks and bridge barriers are just two of various products rotationally molded, a testimony to the abuse that rotationally molded products can withstand. Our carts bounce back in automated collection, and when crushed, return to their normal shape. Toter carts meet or exceed all of the most current ANSI Z245.30-2008 and ANSI Z245.60-2008 Standards including the maximum allowable load rating of 3.5 pounds per gallon. 0 It is important to note that it is not necessary to alter or"�� modify the Advanced Rotational Molding process nor materials when producing carts for extremely cold or extremely hot climates. Again, our process and superior materials together produce a cart that is resilient and best in a combination of extreme temperatures (-40'C to 120'C), especially in cold climates, even with rigorous treatment in automated collection systems. This is a fact of polymer science, not sales literature. Toter carts are the "Best Value" to City residents. Cart body is rotationally molded, first quality LMDPE as produced by a primary manufacturer. Cart lids are injection molded with equivalent polyethylene materials (HDPE). Toter plastic containers may be manufactured using rotational grade post -consumer resin (PCR), and postindustrial (PIR) sources of recycled materials. Any levels of recycled resin used by Toter depend upon the color of cart (darker colors show fewer impurities and can accept higher recycled content). And, foremost, any recycled material of any classification must meet Toter's high quality standards and be available at the time of production. Please refer to Toter's Container Colors and Options for Use of Recycled Resin Sheet for recycled resin percentages of cart colors offered. LID TO BOTTOM Cart lids are attached with two molded polyethylene snap -on hinges permanently secured with rustproof steel Torx fasteners (interchangeable fasteners among cart sizes). The lid rotates 270°without interference, fits tightly onto the body's rim to not attract animals, insects, and to retain odors, and is domed to facilitate run-off of water. Toter's patented Rugged Rim® provides extra rigidity to body walls and a tight lid fit. Consisting of a closed tubular design, similar to square steel tubing, for maximum strength during collection, the rim creates a ledge on which the lid rests to create a tight seal between body and lid. The cart bottom features wear strips for maximum abrasion protection against dragging on sidewalks, gravel and pavement. CART HANDLE Handles of Toter carts are integrally molded onto the cart body, allowing safe movement even in the absence of the lid. All Toter carts have 1" diameter hand hold areas equally spaced for positive and balanced control while pushing and pulling the fully loaded container, and to accommodate large hands that might be heavily gloved in cold weather. UPPER AND LOWER LIFT POINTS Toter carts are ANSI compatible Type "G" Grabber Lifters (fully automated arms). The combination of our maximum surface contact with the automated arm gripping surface and our textured, non -slip exterior finish prevents slippage of Toter Carts in fully automated collection. The integrally molded upper pick-up point, or "saddle" and the lower lift bar meet ANSI compatibility standards for Type "B" Lifters (semi -automated lifter/dumper units). The lower lift/stop bar on EVR II carts is designed without rivets that can be damaged by lifters, and the bar is manufactured of exceptionally strong steel. This lower bar rotates 360 degrees to be "self - aligning" when the lifter's lock hook extends to catch the bar. AXLE The standard axle in U.S. carts has been 5/8" diameter solid steel for over 30 years. The axle slides through two molded plastic journals in the cart bottom. No bolts or rivets are used for axle mounting. The ultimate yield strength of a Toter 5/8" axle is 2,000+ pounds. SNAP ON WHEELS Toter's standard wheels are 10" x 1.75" (nominal) for 96-gallon and 48-gallon carts. All wheels feature knobby treads and are made from extra high molecular weight polyethylene. Wheels are retained by means of a center aligned axle journal claw which snaps into a groove that is a full weight bearing surface. Wheels have a built-in spacer. (Requires MP Axle). The wheels have been thoroughly tested to exceed all ANSI safety standards and are rated at 200 pounds per wheel for 10" wheels, and meet the ANSI test, Appendix F, "Force to Tilt." This test measures "the force needed to tip a standard loaded cart from the vertical position to the balance point." Carts that are more difficult to tip create more complaints to the City, a greater risk of injury to users, and more requests for exemption from rolling out the cart to the curb. CART COLORS Toter offers ultraviolet non -fading cart colors. We can customize our carts to manufacture receptacle lids and/or bodies using the following standard colors Green (#940), Blue (705), Brown (270), Gray (125) or Black (200). Special Granite colors for body (solid standard color lid) are also available for an additional charge — Sandstone (#249), Brownstone (#279), Graystone (#129), Dark Gray Granite (#149), Bluestone (#709), Navy Granite (#769), Greenstone (#968), Toter Green Granite (#929) and Blackstone (#209). LOW PROFILE DESIGN Toter's EVR II Universal/Nestable and EVRII Universal Carts feature a "low profile" shape, designed that way in response to our listening to customer needs. The lower profile does create a larger footprint for greater stability on slopes, easier to tilt and roll for the end user, and stability in winds. Carts that are more difficult to tip create resident complaints, a greater risk of injury to users, and more requests for exemption from rolling out the cart. NESTABILITY Models 79296 and 7948 have a Nestable design that allows FULLY ASSEMBLED carts to be stacked one inside another for storage and delivery efficiency and cost savings. DIMENSIONS Model 79296 79248 Length: 35.50" 37.50" Width: 29.75" 28.75"- Fits through gates Height: 43.50" 23.50" CAPACITY Volume is 96.36 for Model 79296 and 48.14 for Model 79248, US Gallons, body of containers only. FINISHED WEIGHT (INCLUDES ALL CART PARTS) Fully Assembled — 34.40 pounds for Model 79296 and 23.80 pounds for Model 79248. LOAD RATING Conforms with ANSI Standard Z245.30, which limits maximum load rating to 3.5 pounds per gallon. Load Rating is 335 lbs. for Model 79296 and 168 lbs. for Model 79248. GRAPHICS CAPABILITIES Hot stamping is the industry standard and long-term proven method of permanently customizing roll -out carts. Hot stamps are still visible on Toter Carts that have been in service 30 or more years. Our carts are manufactured with a custom sequential serial number that is hot stamped in white 1 % "high on the front body for tracking of carts. We have also included an example of an IML (in mold label) that provides information to residents about your municipalities implemented program. CITY LOGO HOT STAMP IN MOLD LABEL SERIAL NUMBER HOT STAMP Tyr.. BUILT FOR EXTREMESS" MUNICIPAL REFERENCES Municipality State/ Province Customer Since Total Purchased Contact Phone Number City of Austin TX 1991 1,154,414 Jaime Moreno 512-974-1476 City of Baton Rouge LA 2005 339,472 Ted Stephens 225-329-7815 City and County of Denver CO 2014 283,777 Orlando La Crue 720-913-0952 City of Des Moines IA 1997 253,302 Craig Shepherd 515- 771-3223 City of Fort Worth TX 2003 854,889 Christian Harper 817-713-1703 Prince George's County MD 2007 959,621 Timothy Richards 301-780-6312 City of Saskatoon SK Canada 2013 140,000 Chelsey Bartlett 306-975-3198 City of Tulsa OK 2012 299,244 Jason Fields 918-596-9783 City of Visalia CA 1986 397,412 Jason Serpa 559-713-4533 City of Winston-Salem NC 1990 265,648 Zainab Bouayad 336-747-7337 STEVE L. KNIGHT, PE 1507 MT. VERNON AVE STATESVILLE, NC 28677 PHONE (704) 878-2996 FAX (704) 878-8887 June 6, 2008 Ms. Kellie Clarke Toter, Inc. 841 Meacham Road Statesville, NC 28677 RE., Cart Testing ANSI Review Dear Ms. Clarke: At your request, I reviewed the ANSI Z245.30 Standard for Equipment Technology and Operations for Equipment Technology and Recyclable Materials — Waste Containers — Safety Requirements revised in 2008. The previous version was issued in 1999. The purpose of the review was to determine what differences, if any, exists between the two versions. The review was limited to the sections concerning two -wheeled carts and their testing, Section 7.2.4 and the accompanying Appendixes. The only differences found were in the way the different measuring units were presented. The 1999 version placed the metric units of measure first followed by the customary units in parenthesis. The 2008 version switched these numbers so that the metric units are last and in parenthesis. Since there is no real change in the standard, all Toter carts tested to the previous 1999 ANSI version still conform to the new ANSI 2008 Standard Cart tests. Thank you for allowing me to be of service to you. If I may be of further assistance, please let me know. Sincerely, rt. Steve L. Knight, PE a oT H 0 STEVE L. KNIGHT, PE 150 7 MT. VERNON AVE STATESVILLE, NC 28677 (704) 878-2996 CERTIFICATION OF VOLUMETRIC LOADING CAPACITY TEST TOTERO 96 GALLON EVR 11 UNIVERSAL NESTABLE CART BODY PART NO. 79296 TEST METHOD ANSI Standard Z245.30-1999 Appendix A RESULTS: Passed COMMENTS The volume contained in the body is 96.36 gallons. CERTIFICATION I hereby certify that the preceding test represents a test I witnessed on August 1, 2002 and was conducted according to the procedures described above. Respectfully submitted, Steve L. Knight, PE 0 S /0 4W C�p 60 SEAL 9157 L)OtA TOTER096 GALLON EVR 11 UNIVERSAL NESTA13LE CART PART ., ANSI Standard Z245.30-1 999 Appendix B Test Loading: i) Empty cart, and ii) Filled cart with 335 lbs. RESULTS: Passed The cart remained stable in all four directions. I hereby certify that the preceding test represents a test I witnessed on August 29, 2002 and was conducted according to the procedures described above. Respectfully submitted, 3&, A Steve L. Knight, PE ®%1tillto$Vog ®K p a� P KCAL � m e e TEVE. L. KNIGHT, PE 1507 MT. VERNON AVE STATESVILLE, NC 28677 (704) 878-2995 D S. TOTERO 96 GALLON► _, PART NO. 79296 ANSI Standard Z245.30-1999 Appendix C Test Loading, i) Empty cart, and ii) Filled cart with 335 lbs. RESULTS: Passed The handle maintained its integrity. The lid opened and closed completely. The axle remained straight and rolled true. The molded -in axle journals maintained their shape and integrity. The wheels retained their shape and rolled true. The container remained completely functional. I hereby certify that the preceding test represents a test I witnessed on August 13, 2002 and was conducted according to the procedures described above. Respectfully submitted, ma 4 � �0 Steve L. Knight, PE 9157 STEVE L. KNIGHT, P 1507 MT. VERNON AVE STATESVILLE, NC 28677 (704) 878-2996 ANSI Standard Z245.30-1999 Appendix D Test Loading Filled cart with 335 lbs. RESULTS: Passed (semi -automated dumping) A Toter Trimlift it cart dumper was used to dump the cart with a load of 335 pounds. The cart's lifting saddle retained its shape and fit well on the dumper. The steel stop bar remained straight and free to rotate. The molded -in stop bar journals retained their shape and integrity. The cart retained its shape and remained completely functional. s I hereby certify that the preceding test represents a test I witnessed from August 26 - 28, 2002 and was conducted according to the procedures described above. Respectfully submitted, ` SEAL a Steve L. Knight, PE 9157 4 PART NO. 79296 ANSI Standard Z245.30-1999 Appendix D Test Loading: Filled cart with 335 lbs. RESULTS: Passed (automated dumping) An automated cart dumper was used to dump the cart with a load of 335 pounds. The cart's gripping area continued to fit well on the dumper after completion of test. The cart remained completely functional. I hereby certify that the preceding test represents a test I witnessed from August 26 - 28, 2002 and was conducted according to the procedures described above. Respectfully submitted ss 10 Steve L. Knight, PE ® SEAL � E yy �y 6'� 4➢�� ® tl b6 7 , Z STEVE L. KNIGHT, PE 1507 MT. VERNON AVE STATESVILLE, NC 28677 (704) 878-2996 ANSI Standard Z245.30-1999 Appendix E Test Loading: Filled cart with 335 lbs. RESULTS: Passed The average height of the handle was 33 1/8" above the ground at its center of balance position. I hereby certify that the preceding test represents a test I witnessed on August 1, 2002 and was conducted according to the procedures described above. Respectfully submitted, -ok cA o -ls am®®mamm � p SEAL h Steve L. Knight, PE 9157 A a BeN PART 79296. . IJEEM.Nlj:►. ANSI Standard Z245.30-1999 Appendix F Test Loading: Filled cart with 335 lbs. RESULTS; Passed K0�iijan The cart was tipped toward the point of balance with an average force of 67.6 pounds. I hereby certify that the preceding test represents a test I witnessed on August 1, 2002 and was conducted according to the procedures described above. Respectfully submitted, ���"tt�j $""" cA SEAL s Steve L. Knight, PE 9157 ,�f STEVE L. KNIGHT, PE 1507 MT. VERNON AVE STATESVILLE, NC 28677 (704) 878-2996 • PART NO. 79296 TEST METHOD ANSI Standard Z245.30-1999 Appendix G RESULTS: Passed The cart lid (part number 96796) remained closed and did not collapse into the cart. The lid did deflect temporarily while loaded. CERTIFICATION I hereby certify that the preceding test represents a test I witnessed on August 1, 2002 and was conducted according to the procedures described above. �0%J 1111111®6,® Respectfully submitted, r '%��,� CA 1*'?��� �0 J SEAL ND Steve L. Knight, PE '111110 i WO,� STEVE L. KNIGHT, PE 1507 Mt. Vernon Ave Statesville, NC 28677 Phone (704) 878-2996 FAX (704) 878-8887 CERTIFICATION OF WASTE CONTAINERS COMPATIBILITY DIMENSIONS TOTER° 96 GALLON EVR II UNIVERSAL NESTABLE CART PART NO. 79296 SPECIFICATION STANDARD ANSI Standard Z245.60-2008 Section 7.1, Type B RESULTS Passed COMMENTS None CERTIFICATION I hereby certify that the verification I witnessed on February 4, 2012 confirmed that the dimensional requirements of the referenced specification standard are within the specified ranges. Respectfully submitted, Steve L. Knight, PE STEVE L. KNIGHT, PE 1507 Mt. Vernon Ave Statesville, NC 28677 Phone (704) 878-2996 FAX (704) 878-8887 CERTIFICATION OF WASTE CONTAINERS COMPATIBILITY DIMENSIONS TOTER® 96 GALLON EVR II UNIVERSAL NESTABLE CART PART NO. 79296 SPECIFICATION STANDARD ANSI Standard Z245.60-2008 Section 7.4, Type G RESULTS Passed COMMENTS None CERTIFICATION I hereby certify that the verification I witnessed on February 4, 2012 confirmed that the dimensional requirements of the referenced specification standard are within the specified ranges. Respectfully submitted, Steve L. Knight, PE STEVE L. KNIGHT, PE 1507 MT. VERNON AVE STATESVILLE, NC 28677 PHONE (704) 878-2996 FAX (704) 878-8887 June 6, 2008 Ms. Kellie Clarke Toter, Inc. 841 Meacham Road Statesville, NC 28677 RE., Cart Testing ANSI Review Dear Ms. Clarke: At your request, I reviewed the ANSI Z245.30 Standard for Equipment Technology and Operations for Equipment Technology and Recyclable Materials — Waste Containers — Safety Requirements revised in 2008. The previous version was issued in 1999. The purpose of the review was to determine what differences, if any, exists between the two versions. The review was limited to the sections concerning two -wheeled carts and their testing, Section 7.2.4 and the accompanying Appendixes. The only differences found were in the way the different measuring units were presented. The 1999 version placed the metric units of measure first followed by the customary units in parenthesis. The 2008 version switched these numbers so that the metric units are last and in parenthesis. Since there is no real change in the standard, all Toter carts tested to the previous 1999 ANSI version still conform to the new ANSI 2008 Standard Cart tests. Thank you for allowing me to be of service to you. If I may be of further assistance, please let me know. Sincerely, rt. Steve L. Knight, PE a oT H 0 STEVE L. KNIGHT, PE 1507 MT. VERNON AVE STATESVILLE, NC 28677 PHONE (704) 878-2996 FAX (704) 878-8887 June 6, 2008 Ms. Kellie Clarke Toter, Inc. 841 Meacham Road Statesville, NC 28677 RE., Cart Testing ANSI Review Dear Ms. Clarke: At your request, I reviewed the ANSI Z245.30 Standard for Equipment Technology and Operations for Equipment Technology and Recyclable Materials — Waste Containers — Safety Requirements revised in 2008. The previous version was issued in 1999. The purpose of the review was to determine what differences, if any, exists between the two versions. The review was limited to the sections concerning two -wheeled carts and their testing, Section 7.2.4 and the accompanying Appendixes. The only differences found were in the way the different measuring units were presented. The 1999 version placed the metric units of measure first followed by the customary units in parenthesis. The 2008 version switched these numbers so that the metric units are last and in parenthesis. Since there is no real change in the standard, all Toter carts tested to the previous 1999 ANSI version still conform to the new ANSI 2008 Standard Cart tests. Thank you for allowing me to be of service to you. If I may be of further assistance, please let me know. Sincerely, rt. Steve L. Knight, PE a oT H 0 STEVE L. KNIGHT, PE 1507 MT. VERNON AVE STATESVILLE, NC 28677 (704) 878-2996 CERTIFICATION OF VOLUMETRIC LOADING CAPACITY TEST • • 48 GALLON • 11 UNIVERSAL j NESTABLE • BODY PART NO. • TEST METHOD ANSI Standard Z245.30-1999 Appendix A RESULTS: Passed COMMENTS The volume contained in the body is 48.14 gallons. CERTIFICATION I hereby certify that the preceding test represents a test I witnessed on August 1, 2002 and was conducted according to the procedures described above. Respectfully submitted, Steve L. Knight, PE aI1A CA/10.100. .0 a S SEAL 6 9157 o 4 p� (may G /�, • I N IFS e000 •••�• �� STEVE L. KNIGHT, PE 1507 MT VERNON AVE STATESVILLE, NC 28677 (704) 878-2996 TOTERO 48 GALLON EVR 11 UNIVERSAL NESTABLE CART PART NO. 79248 TEST METHOD AN S 1 Standard Z245.30-11 999 Appendix B Test Loading: i) Empty cart, and ii) Filled cart with 168 lbs. RESULTS: Passed COMMENTS The cart remained stable in all four directions. CERTIFICATION I hereby certify that the preceding test represents a test I witnessed on August 29, 2002 and was conducted according to the procedures described above. Respectfully submitted, sit It ' • 111tt APO yp ss/0". 1/ . . • Steve L. Knight, PE SEAL ni r,7 0, I NIS M YN 00V�A& STEVE L. KNIGHT, PE 1507 MT. VERNON AVE STATESVILLE, NC 28677 (704) 878-2996 :4z 11111111111� 71 TOTER048 GALLON EVR 11 UNIVERSAL NESTABLE CART . PART NO. 79248 TEST METHOD ANSI Standard Z245.30-1999 Appendix C Test Loading: i) Empty cart, and ii) Filled cart with 170 lbs. RESULTS: Passed COMMENTS The handle maintained its integrity. The lid opened and closed completely. The axle remained straight and rolled true. The molded -in axle journals maintained their shape and integrity. The wheels retained their shape and rolled true. The container remained completely functional. CERTIFICATION I hereby certify that the preceding test represents a test I witnessed on August 1, through August 2, 2002 and was conducted according to the procedures described above. Ott,$I,, CARo Respectfully submitted, 0 'Ss SEAL gi57 (P Steve L. Knight, PE STEVE L. KNIGHT, PE 1507 MT. VERNON AVE STATESVILLE, NC 28677 (704) 878-2996 7111iil i1q, i c� 11 1 TOTERO 48 GALLON EVR 11 UNIVERSAL NESTABLE CAR - PART VO. 79248 01*1dill ANSI Standard Z245.30-1999 Appendix D Test Loading: Filled cart with 168 lbs. RESULTS: Passed (semi -automated dumping) A Toter Trimlift 11 cart dumper was used to dump the cart with a load of 168 pounds. The cart's lifting saddle retained its shape and fit well on the dumper. The steel stop bar remained straight and free to rotate. The molded -in stop bar journals retained their shape and integrity. The cart retained its shape and remained completely functional. CERTIFICATION I hereby certify that the preceding test represents a test I witnessed from August 26 - 27, 2002 and was conducted according to the procedures described above. Respectfully submitted, CA�o 1ZN "0 • -7 #0 SEAL 7- 9157 Steve L. Knight, PE STE V E L. KNIGHT, PE 1507 MT. VERNON AVE STATESVILLE, NC 28677 (704) 878-2996 � • GALLON EVR 11 UNIVERSAL NESTABLE CART PART NO. • ANSI Standard Z246.30-1999 Appendix D Test Loading: Filled cart with 168 lbs. RESULTS: Passed (automated dumping) rTelITIIII1:1-il'ti�� An automated cart dumper was used to dump the cart with a load of 168 pounds. The cart's gripping area continued to fit well on the dumper after completion of test. The cart remained completely functional. CERTIFICATION I hereby certify that the preceding test represents a test I witnessed from August 28 - 29, 2002 and was conducted according to the procedures described above. ��,`��e��„s��s Respectfully submitted, ,�``` NTH C,qq��,, T 1 j , i S�II 'fi i • V ; ,• 9157 Steve L. Knight, PE v u :. C° �r u r� � ram•®• ,,�, ,�. STEVE L. KNIGHT, PE 1507 MT. VERNON AVE STATESVILLE, NC 28677 (704) 878-2996 CERTIFICATION OF CENTER -OF -BALANCE POSITION TEST • PART NO. 79248 TEST METHOD ANSI Standard Z245.30-1999 Appendix E Test Loading: Filled cart with 170 lbs. RESULTS: Passed CC)MMFNTS The average height of the handle was 29 3/8" above the ground at its center of balance position. CERTIFICATION I hereby certify that the preceding test represents a test I witnessed on August 1, 2002 and was conducted according to the procedures described above. Respectfully submitted, ����•�� Cq%�•,,*®r OFE SS,Q•°°r�`9`��: s Steve L. Knight, P E SEAL ; � ; 9157 40 A . .. �,�Bfo`e Noah ��0%`��` aSTEVE L. KNIGHT, PE 1507 MT. VERNON AVE STATESVILLE, NC 28677 (704) 878-2996 TOTER048 GALLON EVR 11 UNIVERSAL NESTABLE CAR PART NO. 79248 1 11•111111111111111 llillill 11111pill CA lip ''It 110 Test Loading: Filled cart with 170 lbs. RESULTS: Passed COMMENTS The cart was tipped toward the point of balance with an average force of 37.3 pounds. CERTIFICATION I hereby certify that the preceding test represents a test I witnessed on August 1, 2002 and was conducted according to the procedures described above. Respectfully submitted, H Cq 0 F E S'q % -0 • 7 • Steve L. Knight, PE' sy j►� r eA, 4• STEVE L. KNIGHT, PE 1507 MT. VERNON AVE STATESVILLE, NC 28677 (704) 878-2996 TOTER® 48 GALLON EVR 11 UNIVERSAL NESTABLE CART PART NO.79248 TEST METHOD -0 - RESULTS: Passed COMMENTS The cart lid (part number 79748) remained closed and did not collapse into the cart. The lid did deflect temporarily while loaded. CERTIFICATION I hereby certify that the preceding test represents a test I witnessed on August 1, 2002 and was conducted according to the procedures described above. Respectfully 1 Steve L. Knight, STEVE L. KNIGHT, PE 1507 Mt. Vernon Ave Statesville, NC 28677 Phone (704) 878-2996 FAX (704) 878-8887 CERTIFICATION OF WASTE CONTAINERS COMPATIBILITY DIMENSIONS TOTER° 48 GALLON EVR II UNIVERSAL NESTABLE CART BODY PART NO. 79248 SPECIFICATION STANDARD ANSI Standard Z245.60-2008 Section 7.1, Type B RESULTS Passed COMMENTS None CERTIFICATION I hereby certify that the verification I witnessed on February 4, 2012 confirmed that the dimensional requirements of the referenced specification standard are within the specified ranges. Respectfully submitted, Todd Wright STEVE L. KNIGHT, PE 1507 Mt. Vernon Ave Statesville, NC 28677 Phone (704) 878-2996 FAX (704) 878-8887 CERTIFICATION OF WASTE CONTAINERS COMPATIBILITY DIMENSIONS TOTER° 48 GALLON EVR II UNIVERSAL NESTABLE CART BODY PART NO. 79248 SPECIFICATION STANDARD ANSI Standard Z245.60-2008 Section 7.4, Type G RESULTS Passed COMMENTS None CERTIFICATION I hereby certify that the verification I witnessed on February 4, 2012 confirmed that the dimensional requirements of the referenced specification standard are within the specified ranges. Respectfully submitted, Todd Wright =11IJ149MOIA*Vidfl=1rAI*I Hot Melt Compounding Statement Toter, LLC blends linear medium density polyethylene with UV stabilizers and colorant using hot -melt compounding extruders at its rotational molding plants. The use of this process ensures thorough distribution of these additives throughout the cart. This certifies that all cart bodies and lids supplied by Toter, LLC will be composed of this hot -melt compounded plastic. Toter BUILT FOR EXTREMES' TOTER COLOR CHIPS - Toter has available color chips to show the options for colors for the containers bid herein. Due to variations in color representation with electronic devices, any color choices should be made with actual color chips. We are happy to provide color chips for color decisions. If there is a need for them, please contact: Contact Information: Kellie Clark Sr. Manager, Bids/Contracts Toter, LLC 980-987-7602, Ext. 9584 Email: kclark@toter.com Toter Container Colors and Options for Use of Recycled Resin Cart body is rotationally molded, first quality LMDPE as produced by a primary manufacturer. Cart lid is molded with equivalent polyethylene materials (HDPE). Toter plastic containers may be manufactured using rotational grade post consumer resin (PCR), and post industrial (PIR) sources of recycled materials. Any levels of recycled resin used by Toter depend upon the color of cart (darker colors show fewer impurities and can accept higher recycled content). And, foremost, any recycled material of any classification must: (1) meet Toter's high quality standards and (2) be available at the time of production. Colors that may be manufactured using up to 50% recycled resin include: Black #200 Blackstone Granite #209 Green #940 Forest Green #960 Colors that may be manufactured using up to 40% recycled resin include: Dark Gray Granite #149 Greenstone Granite #968 Navy Granite #769 Midnight Gray #145 Colors that may be manufactured using up to 30% recycled resin include: Brownstone Granite #279 Toter Green Granite #929 Waste Green #925 Blue #705 Bright Lime Green #780 Colors that may be manufactured using up to 15% recycled resin include: Graystone Granite #129 Bluestone Granite #709 Sandstone Granite #249 Colors that may be manufactured using up to 10% recycled resin include: Brown #270 Dark Cool Gray #125/#140 Due to variations in color representation with electronic devices, any color choices should be made with actual color chips. If there is a need for color chips, please contact Kellie Clark, Sr. Manager, Bids/Contracts, Toter, LLC, 980-987-7602, Ext. 9584. Example of Toter cart bodies made with rotationally molded resin polyethylene NSF Resin Hexene Copolymer LLDPE Rotational Molding Resin Melt Index(3) Density Melting Point (DSC) Flexural Modulus Yield Strength Elongation at Yield ESCR, (F50) Heat Distortion Temperature - 66 psi (4.64 kg/cm') - 264 psi (18.56 kg/cm2) ARM Low Temperature Impact - 0.125" (3.17 mm) - 0.250" (6.35 mm) D 1238 7.0 g/10 min D 792 0.935 g/cm3 METRIC UNITS ENGLISH UNITS 125 °C 257 °F (4) D 790 680 MPa 98,600 psi (5) D 638 17.1 MPa 2,500 psi (5) D 638 12 % 12 % (6) D 1693 > 1 000 h D 648 58 °C D 648 42 °C (7) ARM Method 68 J ARM Method 203 J 136 °F 108 °F 50 ft-lb 150 ft-lb (1) Properties designated have been determined using methods which are in accordance with, or substantially in accordance with, the specified testing standards. (2) Typical Values represent average laboratory values and are intended as guides only, not as specifications. (3) Condition 190°C/2.16 kg. (4) 1 % Strain Value. From compression molded samples. (5) Type IV specimen, 2" (50.8 mm) per minute test speed, 0.075" (1.9 mm) thickness compression molded samples. (6) Condition A & B, 100% IGEPAL, 50°C, F50 values. From compression molded specimens. (7) -40°C on rotomolded samples. Features • Good impact properties • Excellent processability • NSF listed for Standards #24, 51, 61 • UL 94 HB Additives • Processing antioxidant • UV stabilizer Applications • Toys • Complex custom parts • Home and garden items • Mailboxes polyethylene Hexene Copolymer LLDPE Rotational Molding Resin Availability polyethylene resins are available in bulk hopper cars, hopper trucks, boxes, sea bulk containers, or agse product type and batch number are clearly marked on each container. Contact the sales office nearest you for availability in your area. Storage/Handling resin should be stored in a clean, dry place at ambient temperatures. Prolonged or improper storage can result in deterioration of product properties. Care should be taken when handling and transferring product to prevent foreign matter contamination. The Safety Data Sheet (SDS) contains important safety information and should be reviewed before using the pro uc . Processing Conditions Comprehensive assistance with processing conditions and technology is available from Technical Service at Food Packaging Status United States: resin complies with the specifications contained in the U.S. Food and Drug Administration (FDA) regulation 21 CFR 177.1520 for olefin polymers, para. (c) 3.2a, and may thus be used in the United States as an article or component of an article intended for use in contact with food. This resin is subject to the specific limitations that it may contact food only in articles having a volume of at least 18.9 L (5 gal. U.S.) only at temperatures below 212°F, and may not be used to hold ready -prepared foods intended to be reheated in the container at time of use (21 CFR 176.170(c) Table 2. conditions of use C—G). Other Countries: For regulatory compliance information for other countries, please contact your nearest office. resin is Certified by NSF to NSF/ANSI Standards #24, #51, and #61. In addition: e pro uc on aci i y is audited annually to assure that only authorized materials are used in the product; quality assurance and quality control procedures are followed in fabrication, and all the requirements of the standard continue to be met; products are sampled and retested on schedule; and labeling and product literature are true and accurate with respect to the NSF listed products. Environmental polyethylene resins are biologically and chemically inert, but improper disposal may present an ingestion hazard to wildlife. Where recycling of polyethylene resins is not possible, disposal to landfill or incineration in accordance with all applicable governmen aws an regulations is recommended. Please contact Technical Service for further information on recycling and disposal of resins. %_- is the SPI resin code developed for low density and linear NSF has listed �,._N low density polyethylene to identify material type for conformity with ANSI/NSF Standards 24, 51 LDPE sorting and recycling purposes. and 61. Example of Toter cart lids made with injection molded resin Series Resin Butene Copolymer HDPE Injection Molding Resins Grades Additive Packages Applications AC, Erucamide (1500 ppm), improved colour Caps and closures for non -carbonated beverages Standard AO package, improved colour and T&O Caps and closures for non -carbonated beverages not requiring slip Standard AO package Personal care, industrial, housewares, containers AO = antioxidant, T&O = taste and odour Melt Index (3) Density (3) D 1238 D 792 6.7 g/10 min 0.954 g/cm3 METRIC UNITS ENGLISH UNITS Yield Strength (4) 28 MPa 4,100 psi Elongation (4) D 638 1300 % 1,300 % Flexural Modulus D 790 1,070 MPa 155,200 psi Hardness, Shore D D 2240 63 63 Vicat Softening Point D 1525 124 °C 255 T ESCR, (F50) 15i D 1693 < 10 h (1) Properties designated have been determined using methods which are in accordance with, or substantially in accordance with, the specified testing standards. (2) Typical Values represent average laboratory values and are intended as guides only, not as specifications. (3) Condition 190°C/2.16 kg. (4) Tensile pull speed 50 mm/min. (5) Environmental stress crack resistance, Condition A, 100% Igepal. Features • Excellent processability • Outstanding balance of stiffness, cold temperature impact, toughness and ESCR • Good organoleptic properties and colour ® Product Data Sheet Polyethylene Series Resin Butene Copolymer HDPE Injection Molding Resins Availability —Series polyethylene resins are available in bulk hopper cars, hopper trucks, boxes, sea bulk containers, or bags. The product type and batch number are clearly marked on each container. Contact the sales office nearest you for availability in your area. Storage/Handling —Series resin should be stored in a clean, dry place at ambient temperatures. Prolonged or improper storage can result in deterioration of product properties. Care should be taken when handling and transferring product to prevent foreign matter contamination. The Safety Data Sheet (SDS) contains important safety information and should be reviewed before using the product. Processing Conditions Comprehensive assistance with processing conditions and technology is available from Technical Service at Food Packaging Status United States: Series resin complies with the specifications contained in the U.S. Food and Drug Administration (FDA) regulation 21 CFR 177.1520 for olefin polymers, para. (c) 3.2a, and may thus be used in the United States as an article or component of an article intended for use in contact with food, without food -type restrictions, under Conditions of Use A—H (21 CFR 176.170(c) Table 2). Other Countries: For regulatory compliance information for other countries, please contact your nearest _ — office. Environmental polyethylene resins are biologically and chemically inert, but improper disposal may present an ingestion hazard to wildlife. Where recycling of polyethylene resins is not possible, disposal to landfill or incineration in accordance with all applicable government laws and regulations is recommended. Please contact Technical Service for further information on recycling and disposal of Chemicals resins. 2 is the SPI resin code developed for high density polyethylene to identify material type for sorting and recycling purposes. HDPE VA7 WASTEQUIV October 9, 2025 City of South Bend Department of Public Works 215 S. Dr. Martin Luther King Jr. Blvd. Suite 400 South Bend, IN 46601 Re: City of South Bend, IN Bid for Six Thousand (6,000) More or Less Universal/Nestable Refuse and Yard Waste Containers As the owner of Toter, LLC, Wastequip, LLC accepts full financial responsibility for and will honor the Toter, LLC "Manufacturer's Direct Twelve/Ten Year Non -Prorated Warranty — Residential Wholesale/Municipal", attached hereto, and as set forth in Bid for Six Thousand (6,000) More or Less Universal/Nestable Refuse and Yard Waste Containers, Warranty, should Toter, LLC ever be in a position to not do so. Sincerely, Martin t, CEO Wastequip, LLC STATE OF NORTH CAROLINA) )ss: COUNTY OF MECKLENBURG) Subscribed and sworn to before me by Martin Bryant, CEO of Wastequip, LLC, this 9th day of October 2025. �N11TH A�Q� `gs�o Ekpim v i gpAY �P . Notary Public *7* `v i� �,% My Commission Expires: 6525 Carnegie Blvd., Suite 300 1 Charlotte, NC 28211 1 877.468.9728 1 wastequip.com ��7 WASTEQUIFf Original Purchaser: Date of Purchase: MANUFACTURER'S DIRECT TWELVE/TEN YEAR WARRANTY RESIDENTIAL WHOLESALE/MUNICIPAL The following is a summary of Toter, LLC's limited warranty of its Two -Wheel Cart/Container— Residential Wholesale/Municipal ("Limited Warranty"). The complete Limited Warranty can be found in the Wastequip Terms and Conditions of Sale at: www.wasteciuip.com/terms- the terms of which are incorporated herein, a hardcopy of which is available upon request. If this summary and the complete Limited Warranty documents conflict, the terms of this summary, where more narrowly defined, will control. ToterO Two -Wheel Cart/Container TOTER, LLC (Toter) warrants its wheeled Container, manufactured and sold by Toter, or by a Toter authorized distributor, to the original purchaser listed above for normal and intended use and service against operational failure caused by proven defective material or workmanship as follows: Rotomolded Container Body only —12 Years from the date of original purchase; all other standard components -10 Years from the date of original purchase. This warranty equally covers Toter containers molded of either virgin resin or recycled content plastic materials. This warranty is expressly limited to any product parts which are proven to Toter's satisfaction to be defective in material or workmanship under this warranty. Parts determined to be defective by Toter shall be repaired or replaced at Toter's option. Repaired or replaced parts are warranted for the balance of the original warranty period of the original part. Repair or replacement is the sole remedy available under this warranty and does not extend the warranty beyond the original warranties set forth herein. This warranty is non -transferable. Specifically excluded from this warranty are labor and installation, alterations, damage due to negligent or abusive use, or normal wear and tear, including, but not limited to, those items listed on Schedule A (attached). Alterations, negligent, abusive, or specifically excluded use of container voids this warranty thereafter. In no event shall Toter be liable for incidental, special, punitive, liquidated, or consequential damages, for loss of product or time, for any delay in performance under this warranty or for claims of customers of purchaser. TOTER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WARRANTY OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR, SPECIFIED OR INTENDED PURPOSE. Some states do not allow limitations on how long an implied warranty lasts, the exclusion or limitation of incidental or consequential damages, and any such limitations will confirm these warranties thereto (Buyers may also have other specific rights which vary from state to state). TOTER, LLC Effective for qualified purchases on or after January 25, 2016 6525 Carnegie Blvd., Suite 300 1 Charlotte, NC 28211 1 877.468.9728 1 wastequip.com V01WASTEQUIV SCHEDULE A Toter Containers are designed for storage, transport, and dumping of normal household residential solid wastes, and recyclables, excluding circumstances in which the load rating would be exceeded. Following are descriptions of several situations where the Limited Warranty does not apply. Exclusion is not limited to these situations. EXAMPLES OF NORMAL WEAR AND TEAR: * Scratches - normal use may cause scratches. * Dirt, including accumulation of dirt or any other substance. * Normal deterioration during service. * Normal discoloration due to atmospheric exposure. * EXAMPLES OF ALTERATIONS, NEGLIGENT OR ABUSIVE USE: * Alteration of the original design, functionality or integrity of the Container * Vandalism * Damage from wildlife. * Cuts or scores from any source. * Extraordinary impacts such as being hit by a vehicle. * Burns, scorches, melting, or any damage from excessive heat. * Improper handling, including dropping stacks off delivery trucks, improper stacking, improper /excessive storage, forcing cart through narrow openings, allowing packer mechanism to hit cart or lid during dumping cycle, abrasion from excessive dragging, or cracks caused by improper handling or dumping. * Damage from automated grasper or semi -automated lifter, including any scratches, creases, cracks or breaks from a maladjusted, incorrectly operated, or improper automated grasper or semi - automated lifter. Includes any semi -automated lift speed faster than ANSI specifications for either the lift cycle or the down cycle. * Chemicals - being exposed to solvents, petrochemicals, paints, acids, or other chemical substances which damages plastic or metal parts. * Failure to follow instructions imprinted on cart parts (i.e., exceeding stated maximum load rating. (Rev. 08/2018) 6525 Carnegie Blvd., Suite 300 1 Charlotte, NC 28211 1 877.468.9728 1 wastequip.com BUILT FOR EXTREIVIES'M WARRANTY CLAIMS PROCEDURE Recognized throughout the industry as The World's Toughest CartsT`", Toter carts are produced using a patented, stress -free molding technology known as Advanced Rotational MoldingTM. This manufacturing process results in tougher, more durable residential carts, backed by Toter with a 12 (twelve) year cart body warranty 10 (ten) years of coverage on all other cart components. This warranty is like no other manufacturer's warranty, industry -wide. Easy to use, and reliable, the warranty demonstrates how we confidently back our carts. Toter carts have the lowest industry failure rate and the lowest Total Cost of Ownership, with higher strength to weight ratio. As such, Toter is proud to offer customers our "hassle free" warranty claim process that will ensure an easy, equitable, and timely resolution to all warranty issues that arise. Because of the extremely low failure rate of Toter carts, you will find warranty issues to be minimal and easily resolved. The Warranty document is included in our submission information, along with a sample online claim form/instructions below. Warranty claim resolution and subsequent warranty replacement containers or components shipments are usually transacted within 60 days. To file a warranty claim directly with Toter, a link to an online Warranty Claim Form is provided: http://www.toter.com/municipalities/residential-warranty-form. This form should be completed entirely. In addition to completing this simple form, Toter requires photos of issues to be uploaded: Must include pictures that represent 10% of the parts claimed for warranty. Pictures must be of defective or damaged area on cart or lid. For body damage please take at least one picture of the serial number and one of the defect. The claim will be processed upon customer submission of the website claim form (see attached printout of the online form). Toter may, at its discretion, send a Toter Regional Manager or other personnel to review the damaged containers. Toter will notify you of its findings in writing via email, and if damage is not due to defective components, Toter may make recommendations to possibly prevent future damage to containers. However, in the event that mutual agreement cannot be reached, the matter will be referred to binding arbitration. Voter BUILT FOR EXTREMES' WARRANTY FLOW & PROCESS TIMELINE 1. Submit Claim through normal process • Use link: https://www.toter.com/municipalities/residential-warranty-form • Warranty claim serial numbers and pictures requirement *Serial Numbers with accompanying pictures are required to process claim. If not included, claim will be stalled until further required information is supplied Z 2. Initial receipt review of claim & confirmation of complete submittal by Warranty Department • Incomplete or needing more information 4Warranty will return information request to customer • Complete 4 process reaches next step (amount approved & amount denied & reasons) Z 3. Internal review by warranty division • Review of pictures and serial numbers by Toter's warranty division to determine validity of warranty coverage Z 4. Communication to customer by Customer Service/Warranty/RSM • Explanation of acceptance/denial of claim & reasons • Option for part/body replacement or credit to account confirmed with customer Z 5. Warranty Claim Process Complete • Part/body replacement 4standard order process commences (artwork, O.C.'s, production scheduling/ship date OR • Credit applied to customer account via Finance • Toter will review this information and assist in expediting decision as follows: Regional Sales Manager is your point of contact. Please review the example of a Toter Residential Warranty Form on the following page. Toter* BUILT FOR EXTREMES"' Toter Residential Warranty Form Fields noted with * are required. Company Name Culstomer Number First Name * Last Name Phone Number Email + ###-###-#### Issue Description Product Details Please enter claim details for your products below. images of damaged products are required for claim processing. You may add more than one product type by clicking on 'Add another product'. If you would like to upload multiple products in a single file, please download the template at the bottom of this form and attach the completed file when submitting a claim. Download Bulk Upload Template Item Type * Resolution Requested Please select... • Please select... 1 Order/Invoice Number Serial Number(s) Quantity* 1 � I Date of Purchase * Date Out of Service * Cart style Please select. • i Body Color * rLid Color * Description of Damage* j Please select. • Please select. • I 111 1 1 Add another product Attach Files* Choose File No file chosen Add another image SECRETARY'S CERTIFICATE The undersigned, Richard Sedory, being the duly elected and acting Secretary of Toter, LLC the "Company" �, does hereby certify that the following resolutions were adopted by written action by Wastequip, LLC, the Sole Member of the Company on July 8, 2024: WHEREAS, a principal portion of the business of the Company is negotiating contracts with municipalities and governmental agencies; WHEREAS, the submission of bidding documents and the execution of contracts is part of the process of obtaining work with municipalities; and, WHEREAS, many municipalities require proof that the person submitting the bidding documents and executing contracts has lawful authority to bind the Company. NOW, THEREFORE, BE IT RESOLVED, that the following persons be, and they hereby are, authorized, empowered and directed, for an on behalf of the Company, to submit bids and all related documents to municipalities and units of government and to execute contracts and other documents binding the Company: Martin "Marty„ Bryant John Defenbaugh Amanda Garman Laura Hubbard Steve Klueg Derrick Masimer 1P McLaughlin Larry Harvey Richard Sedory David Pelichet RESOLVED FURTHER, that any instruments or documents submitted in connection with any bidding process and any contracts associated therewith, heretofore signed by any of the foregoing persons be, and the same hereby are, ratified, affirmed and approved, Richard Se ory, Secretary Dated: July 8, 2024 'F TAh 0 BUILT FOR EXTREIVIES' � ;,Pon W"w ��kl � 11� � I YARgV Kellie K. Clark Sr. Manager, Bids/Contracts Phone — 980-987-7602, Ext 9584 Email — kclark@toter.com