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HomeMy WebLinkAbout05.N- Public Works 5.N RESOLUTION (ID # 2993) DOC ID: 2993 B CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract From: Tony Frossard M/CC Meeting Date: 04/21/2014 Prepared by: Chris Alanis, (909) 384-7213 Dept: Public Works Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the Director of Administrative Services to Transfer$250,000.00 from the Dump Waste Fees Account No. 527-400-0096-5179 into Account No. 527-400-0096-5111 Materials and Supplies, and Authorize the Execution of a Vendor Purchase Agreement with Wastequip Inc., for the Purchase of Solid Waste and Recycling Collection Equipment, Related Equipment, Accessories and Supplies. (#2993) Current Business Registration Certificate: Not Applicable Financial Impact: Financial Impact: Account Budgeted Amount: $69,000 Account No. 527-400-0096-5111 Account Description: Materials and Supplies Balance as of 04/09/2014 $28.13 Balance after approval of this item: $250,028.13 Please note that this balance indicates the amount that will be available funding. Motion: Adopt the Resolution. Background: The Public Works Department, Integrated Waste Management Division (IWM), is responsible for all solid waste and recycling collection within the City. The IWM must purchase 2 yd.,4 yd., 6 yd., and 40 yd. commercial refuse containers in order for the IWM to meet the needs of the City of San Bernardino's commercial clients and comply with AB341 requirements. Staff began researching and assembling information to provide the Finance Division in an effort to prepare a formal request for quotation. During the course of this process, it was discovered that the City is a member of the National Joint Powers Alliance (NJPA). NJPA is a public agency that serves over 47,000 member agencies throughout the Nation with competitively awarded cooperative contract solutions. NJPA has nationally solicited, evaluated and awarded contracts through a competitive bidding process on behalf of its members. One of the contracts awarded by the NJPA, was to Wastequip Inc. For the purchase of commercial refuse enclosures. These commercial refuse enclosures meet the identical specifications that Staff is requesting. Wastequip's awarded cooperative contract will provide considerable time and resource savings by streamlining the contracting process, eliminating the need to "go out to bid" and the ability to procure products in a more efficient and timely manner while leveraging national volume pricing. The Vendor has extended the pricing to the City as an inter-local cooperative "piggyback" purchase. Please note: Public Works staff could not identify a San Bernardino Updated:4/14/2014 by Jolena E.Grider B I Packet Pg. 150 5.N 2993 based manufacturer of commercial refuse enclosures. The p urchase of these new commercial refuse enclosures will facilitate refuse service to the current backlog of commercial clients (approximately 350 new customers). The last purchase agreement for commercial refuse enclosures was signed in 2005 and was last utilized in 2008. For current customers, the IWM has been repairing the old/leaky enclosures rather than having an adequate replacement program. The repair costs in most instances are equal to or greater than the purchase of a new bin. The purchase of a new also allows for the flexibility to provide the adequate service level that our customers need. In order to effectively respond to the service requests, the IWM will need approximately $250,000.00 per year ($750,000 total) for the next three fiscal years. Funding for the purchase will be come from the IWM enterprise accounts rather than the general fund. The transfer of the funds will not affect the IWM operation as we have adequately budgeted for the Dump Waste Fees and anticipate a surplus of approximately $350,000 this fiscal year. Staff recommends that the Mayor and Common Council of the City of San Bernardino authorize and direct the Director of Administrative Services to transfer$250,000.00 from the Dump Waste Fees account no. 527-400-0096-5179 into account no. 527-400-0096-5111 Materials and Supplies, and authorize the execution of a Vendor Purchase Agreement with Wastequip Inc. for the purchase of solid waste and recycling equipment, related equipment and supplies. City Attorney Review: 0 Supporting Documents: reso 2993 (PDF) agrmt 2993 (PDF) CSB Cost Breakout 148 3-25-14-Attachment 1 (PDF) Technical Specifications-Attachment 2 (PDF) combined-advertisement (PDF) combined-RFP-solid-waste (PDF) Bid-Opening-Witness-060612-Solid-Waste (PDF) Form-G-Solid-Waste-060612(PDF) CONTRACT AWARD (PDF) Membership Agreement City of San Bernardino (PDF) San Bernardino Quote 3-26-14 (PDF) Annual Purchase Order (PDF) Printout-2993-1019 (DOC) APPN %J_ Updated:4/14/2014 by Jolena E.Grider B Packet Pg. 151 5 N•a„ .: 3 AVON 1 RESOLUTION NO. j 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF a SAN BERNARDINO AUTHORIZING AND DIRECTING THE DIRECTOR OF M 3 ADMINISTRATIVE SERVICES TO TRANSFER$250,000.00 FROM THE DUMP `n 4 WASTE FEES ACCOUNT NO. 527-400-0096-5179 INTO ACCOUNT NO. 527-400- 0096-5111 MATERIALS AND SUPPLIES,AND AUTHORIZE THE EXECUTION OF a 5 A VENDOR PURCHASE AGREEMENT WITH WASTEQUIP INC.FOR THE N PURCHASE OF SOLID WASTE AND RECYCLING COLLECTION EQUIPMENT, 6 RELATED EQUIPMENT,ACCESSORIES AND SUPPLIES. a 7 NOW THEREFORE LET IT BE RESOLVED BY THE MAYOR AND 8 COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: a 's '� 9 SECTION 1. That the City Manager of the City of San Bernardino is hereby r 10 authorized and directed to execute on behalf of said City a Vendor Purchase Agreement by l 3 11 and between the City of San Bernardino and Wastequip Inc., a copy of which is attached 12 hereto and marked Exhibit "A” and incorporated herin by reference as fully as set forth at a 13 14 length. w AVftk O 15 SECTION 2. That pursuant to this determination, the Director of Administrative d o 16 Services is herby authorized to transfer $250,000.00 from 527-400-0096-5179 Dump Waste 17 ' Fees into account 527-400-0096-5111 Materials and Supplies and amend and adopt the 18 budget changes. Additionally, the Director of Administrative Services is authorized to issue a 19 20 purchase order in an amount not to exceed $250,000.00 to Wastequip Inc for the purchase of 21 Solid Waste and Recycling Equipment and the related equipment, accessories and supplies. 0 22 SECTION 3. The Authorization to execute the above referenced purchase order and 23 N vendor purchase agreement is rescinded if it is not executed by both parties within 60 days of r, 24 the passage of this resolution. o 25 26 27 L) 28 Packet Pg. 152 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY y 2 OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE DIRECTOR OF a ADMINISTRATIVE SERVICES TO EXECUTE A VENDOR SERVICE 'S 3 AGREEMENT, AMEND THE BUDGET, AND APPROPRIATE TO PURCHASE ua) 4 SOLID WASTE AND RECYCLING COLLECTION EQUIPMENT, RELATED o EQUIPMENT,ACCESSORIES AND SUPPLIES. 5 0 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 0 6 7 and Common Council of the City of San Bernardino at a meeting d thereof,held on the day of , 2014, by the following vote: a Cr W 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ 11 BARRIOS 12 13 VALDIVIA E a Cr 14 SHORETT w 2 15 NICKEL 0 16 JOHNSON 17 MULVIHILL U 18 19 20 Gerogeann Hanna, City Clerk 21 The foregoing resolution is hereby approved this day of ,2014. o 22 23 R. CAREY DAVIS, Mayor 24 City of San Bernardino 25 Approved as to form: o GARY D. SAENZ, City Attorney 26 E 27 By- Y 28 a Packet Pg. 153 VENDOR PURCHASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDIN( AND WASTEQUIP FOR SOLID WASTE AND RECYCLING COLLECTION 1 EQUIPMENT a C0 This Vendor Purchase Agreement is entered into this 211T day of April, 2014, by anc c between WASTEQUIP. ("VENDOR") and the City of San Bernardino ("CITY" or "Saj o N Bernardino'). N a WITNESSETH: E WHEREAS, the Mayor and Common Council has determined that it is advantageouE w and in the best interest of the CITY to purchase Solid Waste and Recycling Collection Equipment and Related Equipment, Accessories and Supplies. W C WHEREAS, on July 17, 2012 (NJPA Contract was Extended until July 17, 2014) the 3 d National Joint Powers Association"NJPA"did solicit and accept quotes from available vendors 2- a for such Solid Waste and Recycling Collection Equipment and Related Equipment, Accessories c 2 and Supplies. 0 U WHEREAS, VENDOR has extended the pricing to City as an inter-local cooperative c "piggyback"purchase; and WHEREAS, VENDOR is the lowest bidder to provide said materials to City; and c d NOW, THEREFORE,the parties hereto agree as follows: a L SCOPE OF SERVICES. 0 co For the remuneration stipulated, San Bernardino hereby engages the services of N VENDOR to provide those products and materials as set forth in NJPA Bid Packet, a copy of cq which is on file in the Public Works Department and a copy of the Price Form is attached E L hereto as Attachment"1"and incorporated herein. aD E Exhibit"A" 1 Packet"Pg.154 2. COMPENSATION AND EXPENSES. N d a. For the services delineated above, the CITY, upon presentation of an invoice, sha. a 3 N pay the VENDOR up to the amount of$250,000 for the purchase of Solid Wast c and Recycling Collection Equipment and Related Equipment, Accessories an, L 0 Supplies pursuant to the Price Form, Attachment "1" and the Technica u Specifications, Attachment"2 '. a c a� b. No other expenditures made by VENDOR shall be reimbursed by CITY. .2- a 3. TERM; TERMINATION. Y This Agreement may be terminated at any time with thirty (30) days' written notice by a either party. The terms of this Agreement shall remain in force unless amended by written d agreement of the parties executed on or before the date of expiration of the current term of the a a Agreement. w 0 4. WARRANTY 0 U VENDOR expressly warrants that all products and services supplied to CITY by = VENDOR under this agreement shall conform to the specifications, drawings or other description upon which this purchase is based, shall be fit and sufficient for the purpose intended, merchantable, of good material and workmanship, free from defects and free and ? clear of all liens or encumbrances. Inspection, testing, acceptance or use of the goods by the in CITY shall not affect VENDOR's obligations under this warranty, and such warranty shall N sunlive inspections, testing, acceptance and use. VENDOR agrees to replace or correct o, promptly defects of any goods or services not conforming to the foregoing warranty without E expense to the CITY, when notified of such non-conformity by CITY. If VENDOR fails to correct the defects or replace non-conforming goods or services promptly, CITY may, after reasonable notice to VENDOR, make such corrections or effect cover, or cure, at VENDOR's a Exhibit"A" 2 Packet P0.155 expense. "Reasonable notice" for purposes of this section shall not be deemed to require mol N d than 60 calendars days notice before commencement of efforts by the CITY to effect cover or CL 0 cure except upon written agreement of the Parties. c N N L 0 N 5. INDEMNITY. U a VENDOR agrees to and shall indemnify and hold the CITY, its elected official CD employees, agents or representatives, free and harmless from all claims, actions, damages any 2 a liabilities of any kind and nature arising from bodily injury, including death, or propert. d R damage, based or asserted upon any or alleged act or omission of VENDOR, its employees agents, or subcontractors, relating to or in any way connected with the accomplishment of thf d work or performance of service under this Agreement, unless the bodily injury or propert c 3 . a damage was actually caused by the sole negligence of the CITY, its elected officials , U employees, agents or representatives. As part of the foregoing indemnity, VENDOR agrees tc a! 0 protect and defend at its own expense, including attorney's fees the CITY, its elected officials, z employees, agents or representatives from any and all legal actions based upon such actual oz alleged acts or omissions. VENDOR hereby waives any and all rights to any types of express r- d or implied indemnity against the CITY, its elected officials, employees, agents or �a representatives, with respect to third party claims against the VENDOR relating to or in any 6 U) way connected with the accomplishment of the work or performance of services under this a� N Agreement. M rn a: 6. INSURANCE. E L 0) While not restricting or limiting the foregoing, during the term of this Agreement, ;M c as VENDOR shall maintain in effect policies of comprehensive public, general and automobile Iiability insurance, in the amount of $1,000,000.00 combined single limit, and statutory a Exhibit"A" 3 Packet Pg.136 worker's compensation coverage, and shall file copies of said policies with the CITY's Ris vs T ) Manager prior to undertaking any work under this Agreement. CITY shall be set forth as a a 0 U) additional named insured in each policy of insurance provided hereunder. The Certificate o Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prix L 0 N to any change or termination of the policy. a a 7. NON-DISCRIMINATION. w C 0 E In the performance of this Agreement and in the hiring and recruitment of employees .2 Cr W VENDOR shall not engage in, nor permit its officers, employees or agents to engage in discrimination in employment of persons because of their race, religion, color, national origin wo M ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or c W sexual orientation, or any other status protected by law, except as permitted in Section 12940 of a 0 a the California Government Code. w U 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 2 0 U VENDOR warrants that it possesses or shall obtain, and maintain a business registration = .0 certificate pursuant to Title 5 of the San Bernardino Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of 0- a� VENDOR to practice its business or profession. 9. NOTICES. 0 Any notices to be given pursuant to this Agreement shall be deposited with the United N_ States Postal Service,postage prepaid and addressed as follows: M o� TO THE CITY: Public Works Director 300 North"D" Street rn San Bernardino, CA 92418 w Telephone: (909) 384-5140 TO THE VENDOR: WASTEQUIP, INC. 11900 East Locke Road a Exhibit"A" 4 Packet Pg.1557 Lockeford, CA 95237 -- Telephone: (925) 783-3287 Contact: Scott Wink °- CL M U) c 10. ATTORNEYS' FEES. L O y In the event that litigation is brought by any party in connection with this Agreement 00 a the prevailing party shall be entitled to recover from the opposing party all costs and expenses E 0. including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of 'S W its rights or remedies hereunder or the enforcement of any of the terms, conditions or a provisions hereof. The costs, salary and expenses of the City Attorney and members of his a office shall be considered as attorneys' fees for the purposes of this paragraph. Attorney's fees d for the City Attorney and members of his office shall be calculated E 'I Mated based on market rate for •3 a AVON comparable services. L) o 11. ASSIGNMENT. � 0 U VENDOR shall not voluntarily nor by operation of law assign, transfer, sublet or c encumber all or any part of the VENDOR's interest in this Agreement without CITY'S prior written consent. Any attempted assignment, transfer, subletting or encumbrance without a j N CITY's prior written consent shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or in assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to N be performed by VENDOR hereunder for the term of this Agreement. Cl) rn 12. VENUE. 4- E L M The parties hereto agree that all actions or proceedings arising in connection with this c d Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Q Exhibit"A" 5 LlI Packet Pg. 158 5.N.b Riverside Division. The aforementioned choice of venue is intended by the parties to E -- N d mandatory and not permissive in nature. Q CL 13. GOVERNING LAW. c M This Agreement shall be governed by the laws of the State of California. L 0 N 14. SUCCESSORS AND ASSIGNS. a This Agreement shall be binding on and inure to the benefit of the parties to this Agreemen c a� E and their respective heirs, representatives, successors, and assigns. a Cr 15. HEADINGS. d The subject headings of the sections of this Agreement are included for the purposes of W convenience only and shall not affect the construction or the interpretation of any of itE d provisions. E EL 3 16. SEVERABILITY. w c 0 If any provision of this Agreement is determined by a court of competent jurisdiction to 0 U be invalid or unenforceable for any reason, such detennination shall not affect the validity or .0 enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force as and effect. 17. ENTIRE AGREEMENT; MODIFICATION. c Cn This Agreement constitutes the entire agreement and the understanding between the N parties, and supersedes any prior agreements and understandings relating to the subject manner rn of this Agreement. This Agreement may be modified or amended only by a written instrument E executed by all parties to this Agreement. c a� E r a Exhibit"A" 6 Packet Pg. 159 VENDOR PURCHASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDIN( AND WASTEQUIP FOR SOLID WASTE AND RECYCLING COLLECTION d EQUIPMENT Q U) _ IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date se L O W forth below. a a Dated: , 2014 WASTEQUIP,INC. a By: w Its: as c Dated , 2014 CITY OF SAN BERNARDINO a=i E Q. By: w O Allen J. Parker, City Manager Approved as to form: o Gary D. Saenz, City Attorney v a� _ By. d N t0 O co M N M N E a) co _ d E U rte'+ Q Exhibit"A" 7 Packet Pg. 160 NAP San Bernardino,CA VAY" WASTEQUIFf COST BREAKOUT 3-26-14 N d Q Wastequip is proud to offer the City of San Bernardino the following cost breakout for the RFQ for Refuse Containers 3 co _ R _ N d O N ALL PRODUCTS LISTED BELOW ARE MANUFACTURED BY WASTEQUIP AND CARRY THE WASTEQUIP BRAND NAME Total Unit Q Upgrade Charge Price with = Product NJPA Unit Price to CSB Specs Upgrade Qty Total Price a 2 Cubic Yard w/casters $ 435.00 $ 83.12 $ 491.12 68 $ 33,396.16 w 3 Cubic Yard w/casters $ 489.00 $ 13.34 $ 502.34 224 $ 112,524.16 4 Cubic Yard w/casters $ 549.00 $ 9.24 $ 558.24 40 $ 22,329.60 d 6 Cubic Yard w/o casters $ 710.00 $ 45.65 $ 755.65 9 $ 6,800.85 40 Cubic Yard $ 4,612.00 $ (133.82) $ 4,478.18 20 $ 89,563.60 SUBTOTAL FOR EQUIPMENT ONLY $ 264,614.37 Tax 8.25°/0 $ 21,830.69 3 Freight $ 12,000.00 w TOTAL PRICE $ 298,445.06 0 Our quote is a good faith estimate,based on our understanding of your needs.Your order is on offer to purchase our products and services,subject U rn to our acceptance,and in accordance with the Wastequip Terms and Conditions.The Wastequip Terms and Conditions,which are available on our website and incorporated by reference herein,constitute the entire agreement regarding the purchase of our products and services,including our limited warranties. Our pricing is based on your anticipated order,including product specifications,quantities and timing-any differences to your order may result in 'a different pricing.Due to volatility in petrochemical,steel and related product material markets,actual prices,as well as freight;are subject to change and will be confirmed prior to acceptance of an order.Unless otherwise stated,materials and container sizes indicated on sales literature, invoices,price lists,quotations and delivery tickets are nominal sizes and representations—actual volume,products and materials are subject to manufacturing and commercial variations and Wastequip's practices,and may vary from nominal sizes and materials.All prices are in US dollars; this quotation may not include all applicable taxes,brokerage fees or duties. o Wastequip,Toter,Galbreath,Cusco,Accurate,Mountain Tarp,Pioneer,and Ports Place are registered trademarks,trade names and subsidiaries of N Wastequip,LLC. oMi a� N DELIVERY.Start deliveryt with in 4 Weeks After Receipt of Written Purchase Order or fully executed contract or receipt of fully executed c approved drawings and order acknowledgement whichever is later.Complete delivery within 8 weeks. E t m Please note NJPA pricing is for standard Wastequip containers and includes no additional upgrades. Should Member wish to only purchase Q Wastequip standard products the City may experience a cost savings due to a decrease in UNIT PRICING,TAX CHARGES AND FREIGHT CHARGES. v T LO N M 00 V Questions,please call Marya Jenkins at 1-800-255-4126 Ext 244 or via email at MJenkins @wastequip.com Y m m m N O U [0 N U _ d E t v Q Packet Pg.161 c a� E a a w ar a� c c a� E a a to c O 0 v a� c U A U TECHNICAL SPECIFICATIONS - ATTACHMENT 112" Cu 0 N R O M N N C v U t4 a.. Q N C O m U U U1 c0 U s U O H .i+ s U Q Packet Pg. 162 Container Desc.: 2yd Pitch Tap Container Lids: DOUBLE WALL 36x41 E Channel Spacing: 19" BTB a Casters: 6" Rubber Casters with standard casfier plates welded solid r Drain Plug: None Welding: Full I.D.: 2-6011 THRU 2-6020 Bumper Pad: STD _ Options: Must be Water Tight & Tested a LOCKING BAR -2-SIDE PULL HANDLES a w ID WELDS: TOP/ FRONT/RIGHT BANDING 3" TALL o WELDS MUST BE CONSISTANT NO THIN BEADS d o U Color: City of San Bernardino Brown Piece Rate: LARGE PULL HANDLES ON EACH SIDE Welder: Date: HAZMAT M d DECAL N ca WARNING DECAL. v 0 2-X XX rn N 7l$" 41 ,f2" 34„2" E DECAL 19" BTM v TO BTM Q f o M L) as,rz° 72" d CL Cn a a� E v a S:\INTEGRATED WASTE MANAGEMENT DIVISION\Tech specs\2 yd bins tech specs.docx Packet Pg. 163 C Container Desc.: 4yd Pitch Top Container Lids: DOUBLE WALL 36x58 a Channel Spacing: 21" BTB w Casters: 6" Rubber Casters with standard caster plates welded solid Drain Plug: None Welding: Full I.D.: 4-6031 THRU 4-6050 Bumper Pad: STD d Options: Must be Water Tight & Tested LOCKING BAR- 2-SIDE PULL HANDLES w 0 ID WELDS: TOP/ FRONT/RIGHT BANDING 3" TALL WELDS MUST BE CONSISTANT NO THIN BEADS v Color: City of San Bernardino Brown T U Piece Rate: LARGE PULL HANDLES ON EACH SIDE a Welder: Date: HAZMAT DECAL WARNING DECAL Cn 5" 4-X X r 57 112" ❑ 46" } DECAL a 21" BTM TO BTM v a> CL co v 50 1/2" 72" _ v m N c a> E t U r Q SAINTEGRATED WASTE MANAGEMENT DIVISION\Tech specs\4 yd bins tech specs.docx Pcket-,Pg. 16A c m E Container Desc.•' 6yd Humpback Lids: 36x58 Double Wall a w Channel Spacing: 21" BTB _ -a d r Casters• None Skids Drain Plug: None _ Welding: Full I.D. 6-6051 thru 6-6060 Bumper Pad: STD fl. Options: M Locking bar w ID Welds: Top/Front/Right Banding 3" tali o Welds must be cong!stant�no thin beads =' -- o U Water Tight 1 Tested = Color: White Piece Rate: Welder: _ Date: N HAZMAT WARNING � DECAL DECAL -a o U) Cl) a> N N 6-X xX L� E V w a DECAL 0 w 21" BTM '= 411/2"---- TO a BTM va _ f � U .0 .0 72" H c a� E t w Q S:\INTEGRATED WASTE MANAGEMENT DIVISION\Tech specs\6 yd bins tech specs.docx Packet Pg. 165 AFFIDAVIT OF PUBLICATION DJC5.N.e c as 921 SW Washington,Suite 210/Portland,OR 97205 0 (503)226-1311 FAX(503)222-5358 0 U U Q STATE OF OREGON,COUNTY OF MULTNOMAH,--ss. I,MARC CAPLAN, being first duly sworn,depose and say that 1 am a Manager of the DAILY JOURNAL OF COMMERCE, a m newspaper of general circulation in the counties of CLACKAMAS,MULTNOMAH and WASHINGTON as defined by ORS E 193.010 and 193.020;published at Portland in the aforesaid County and State;that I know from my personal knowledge that .2 the w REQUEST FOR PROPOSALS 0 NATIONAL JOINT POWERS ALLIANCE-SOLID WASTE AND RECYCLING EQUIPMENT WITH RELATED EQUIPM a printed copy of which is attached,was published in the entire issue of this newspaper for 5 time(s)in the following issues: M 04/19/2012, 04/20/2012, 04/23/2012, 04/24/2012, 04/25/2012. _ d E I o. Cr >tWERS = Subscribed ands o before me this 25th day :)�A'iOR,. i o of April,2012. aowl _"00 OP U tpMEt�iT,ACGESSOR>I S,� ! 0 � +ntppriais dtte 9 {►m,Jane S ! rn V` REQUE37"i�RIPt�PiDSA� 1 c ..:The Natinnai<Joi►rt Pa?wQ�"fd{ian i � .w. >, OFFICIAL S6 AL ({3JPA),on,`behatf 61 NJPA.and its atrrer+t � es to�nolude � Jt3SHUA K COATES a.,n��►teA�:a1�,IletnbeT a�en� . ! -�r0t 3ii9her Education !<12 [L NO PlJBLIC-OREGON V �duc atiorr.Non 1'roE and public Agencies ! � COMMISSION NO.453547 lfacat��l n�3Yorrsil'y�n all flfy soi>es and::po � MY COMf�ISSION EXPIRES NOVEMBER 07,2014 I tent�aliY�rna�iaiiy issues t1��s Request R For t?rol al A .f').to resuR.m a rraifonal y cor)tr@dt eI�{iiola.� pt� UN v, SI3L11 .> 1A .: 7 EQT)IPIVIENT tMF1 AEI yATED EQIaIF- MtEl�lf aCE' AIES,A►ciD.SUPPLiF.t?. ei>dJs:of this: lf;'se4re?varlabie begin ning _ s P�n110 2012 and G.nt!nuin9W. iVlay-17, o 2012 petatls may b6,66 tainod by letter:.of ' request;to Gregg:si�ieierhoter, NJPA 242 . .. t2th Street Nofttfeast '�$ $i9, Sta 0 rn Pies, :MN..b6479.. r. by. be.r�et. rn gFPnjpacos2Kt9<:..oRosa. :t~n.in.Cen calved until dunaa,20i2 at$30 P tral Tirrts a above address and:opened c JQne-S�2012 at 8 00A?J �entiat.Time. ! as Please seer who this t to,#ieie htip JLspvovv=niRasoop:orgtoregcn adYerils y lrtg'P;1.�9,: ><...: ::i-.�y�:;.:., ;):at:i>: N Publis}�e..Apt•79;20;:23;2?4 x!25:201.2:'' 1018296(iGB-1t y d C E O U Y NATIONAL JOINT POWERS ALLIANCE E Attn: GINGER LINE Order No.: 10182960 P.O. Box 219 Client's Reference No.: Q STAPLES,MN 56479 Packet Pg. 166 SOLID WASTE AND RECYCLING EQUIPMENT WITH RELATED EQUIPMENT, A... Page I of I I 888-894-1930 Sitemap NJPAccess for Vendors IL Search Go N d O to Home Contract Purchasing Solutions Regional Programs Education Solutions About NJPA News Contact Us v Contract Solutions Join NJPA Legal Authority Procurement Process Contract Purchasing FAQ Become A Vendor t) a Home Page Contract Purchasing Solutions Become A Vendor Current&Pending Solicitations y SOLID WASTE AND RECYCLING EQUIPMENT WITH RELATED EQUIPMENT,ACCESSORIES AND E SUPPLIES Email This Page Share This Print Q SOLID WASTE AND RECYCLING EQUIPMENT WITH RELATED EQUIPMENT,ACCESSORIES AND Cr SUPPLIES lJ.l SOLID WASTE AND RECYCLING EQUIPMENT WITH RELATED EQUIPMENT, ACCESSORIES AND SUPPLIES The National Joint Powers Alliance@(NJPA),on behalf of NJPA and its current and potential Member agencies to include all Government,Higher Education,K12 Education,Non-Profit,and = d Public Agencies located nationally in all fifty states and potentially internationally,issues this Request For Proposal(RFP)to result in a national contract solution for the procurement of Solid Waste&Recycling Equipment with Related Equipment,Accessories and Supplies. Cr Details of this RFP are available beginning April 19,2012 and continuing until May 17,2012. UJ Details may be obtained by letter of request to Gregg Meierhofer,NJPA,202 12th Street =O Northeast P.O.Box 219,Staples,MN 56479,or by e-mail at RFP(c@nipacoop.org.Proposals will be received until June 5,2012 at 4:30 p.m.Central Time at the above address and opened June 6,2012 at 8:OOAM Central Time. O U To obtain RFP documents: CS Send a letter of request to National Joint Powers Alliance V A Attn:Gregg Meierhofer 202 12th Street NE Staples,MN 56479 or by e-mail at RFP o)nipacoop.org. -O Pre-Proposal Conference:May 22,2012 10:00 am. Sealed proposals due:June 5,2012 at 4:30 pm. 4; N Proposals will be publicly opened:June 6,2012 at 8:00 a.m.CST NJPA reserves the right to reject any and all proposals. O N M Learn More Contract Solutions Regional News&Events Join NJPA C4 About NJPA Contract Purchasing Regional Programs NJPA News Member Benefits Our Board Search Contracts Region 5 Members News RSS Feed Become A Member = d Careers Legal Authority Academic Programs NJPA Newsletter Contact NJPA E NJPA Staff Procurement Process Student Recognition Newsletter Request N N Contact Us Contract FAQs Early Childhood Center Become a Vendor Low Incidence O Health&Safety O Shared Services .a Rebates d _ B E O V 1888-894-19301 info @njpacoop.orgi 202 12th Street NE,P.O.Box 219,Staples,MN 56479 r•+ O Copyright 2012 National Joint Powers Alliancel Minnesota Web Design V r Q -,IP&ket Pg X67 1111,.•/%,,,,,,,,,,. .,, .,..1 �,,,t,o t_n„rr Yl]C1n R_a n�l ltlnnc�}lP!/�YY1P_A_[IPII/�IlY�M 7YYPllf_11P11�1110� 14/10001 Notice To Bidders Page 1 of 2 c m a� 'L O N wtum CD ® E as W a v Welcome to NoticeToBidders.com website.Please send all questions or comments to Gregg Meierhofer at 218-894-5473 or Gregg.Meierhofer @ njpacoop.org C O Solid Waste&Recycling Equipment with Related Equipment,Accessories and Supplies +' The National Joint Powers Alliance®(NJPA),on behalf of NJPA and its current and potential Member agencies to include all Government,Higher Education,K12 Education,Non- _ Profit,and Public Agencies located nationally in all fifty states and potentially internationally,issues this Request For Proposal(RFP)to result in a national contract solution for the to procurement of Solid Waste&Recycling Equipment with Related Equipment,Accessories and Supplies.Details of this RFP are available beginning April 19,2012 and continuing until Q May 17,2012.Details may be obtained by letter of request to Gregg Meierhofer,NJPA,202 12th Street Northeast P.O.Box 219,Staples,MN 56479,or by e-mail at RFBO)nivacoon.ors. Proposals will be received until June 5,2012 at 4:30 p.m.Central Time at the above address and opened June 6,2012 at 8:OOAM Central Time. Cr W C ELECTRONIC MARKETPLACE WITH RELATED GOODS,SERVICES AND SOLUTIONS O The National Joint Powers Alliance®(NJPA),on behalf of NJPA and its current and potential Member agencies to include all Government,Higher Education,K12 Education,Non- 'C Profit,and Public Agencies located nationally in all fifty states and potentially internationally,issues this Request For Proposal(RFP)to result in a national contract solution for the d procurement of ELECTRONIC MARKETPLACE WITH RELATED GOODS,SERVICES AND SOLUTIONS.Details of this RFP are available beginning April 18,2012 and -_ continuing until May 9,2012.Details may be obtained by letter of request to Gregg Meierhofer,NJPA,202 12th Street Northeast P.O.Box 219,Staples,MN 56479,or by e-mail at O rfp @njpacoop.org.Proposals will be received until May 24,2012 at 4:30 p.m.Central Time at the above address and opened May 25,2012 at 8:OOAM Central Time. U tM TYPE 1 AND TYPE III REFLECTIVE GLASS BEAD V The National Joint Powers Alliance®(NJPA)on behalf of itself and its current and potential Members nationwide issues this request for proposal(RFP)to provide TYPE I AND TYPE III REFLECTIVE GLASS BEAD,details of this RFP are available beginning April 16,2012 and continuing until May 7,2012.Details may be obtained by letter of request to Gregg U U Meierhofer,NJPA,202 12th Street Northeast,Staples,MN 56479,or by e-mail at RFP @njpacoop.org.Proposals will be received until May 23,2012 at 4:30 p.m.Central Time at the above address and opened May 24,2012 at 8:OOAM Central Time. -rs G O POSTAGE METERS AND RELATED MAILING EQUIPMENT,SOFTWARE,ACCESSORIES AND SUPPLIES O The National Joint Powers Alliance&(NJPA),on behalf of NJPA and its current and potential Member agencies from Government; K-12 Education and Higher Education agencies ' located nationally and potentially internationally,issues this request for proposal(RFP)to provide a national solution for POSTAGE METERS AND RELATED MAILING N EQUIPMENT,SOFTWARE,ACCESSORIES AND SUPPLIES.Details of this RFP are available beginning March 21,2012 and continuing until April 11,2012.Details may be obtained by letter of request to Gregg Meierhofer,NJPA,202 12th Street Northeast P.O.Box 219,Staples,MN 56479,or by e-mail at RFP @njpacoop.org.Proposals will be received "0 until April 30,2012 at 4:30 p.m.Central Time at the above address and opened May 1,2012 at 8:OOAM Central Time. ADDENDUM#1 y TIRES TOGETHER WITH RELATED ACCESSORIES SERVICES AND SUPPLIES I The National Joint Powers Alliance®(NJPA),on behalf of itself and its current and potential Members in Government; K-12 Education and Higher Education nationwide and M potentially internationally,issues this request for proposal(RFP)to provide TIRES TOGETHER WITH RELATED ACCESSORIES SERVICES AND SUPPLIES.Details of this RFP are available beginning March 7,2012 and continuing until March 28,20122.Details may be obtained by letter of request to Gregg Meierhofer,NJPA,202 12th Street Northeast,Staples, MN 56479,or by e-mail at RFP @njpacoop.org.Proposals will be received until April 17,2012 at 4:30 p.m.Central Time at the above address and opened March 13,2012 at 8:OOAM ' Central Time. J Addendum 41 N E tv AUTO AND TRUCK PARTS WITH RELATED AUTO AND TRUCK EQUIPMENT,ACCESSORIES,SUPPLIES,AND SERVICES y The National Joint Powers Alliance®(NJPA),on behalf of itself and its current and potential Members in Government; K-12 Education and Higher Education nationwide and potentially internationally,issues this request for proposal(RFP)to provide AUTO AND TRUCK PARTS WITH RELATED AUTO AND TRUCK EQUIPMENT,ACCESSORIES, tv SUPPLIES,AND SERVICES.Details of this RFP are available beginning February 8,2012 and continuing until February 22,2012.Details may be obtained by letter of request to Gregg Meierhofer,NJPA,202 12th Street Northeast,Staples,MN 56479,or by e-mail at RFP @njpacoop.org.Proposals will be received until March 12,2012 at 4:30 p.m.Central Time at the @ above address and opened March 13,2012 at 8:OOAM Central Time. -p N C s? 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In all of its 3 �h year, N apes has not lese 2-5 pexant of col dt ted. (; to news of local intuest to the commmity that it purporr.to serve. Not more than 25, N penemi,of the 1 ews_ ', -a u- cohmm iErhes any issue&Iplicates any tQ offiu publication.; (A) The 14;ewspapfr is cirralued ire the loc-aJ puKic corporation which it purparrs to serve. � and has at least 500 cmisi rem delivered to_ l� mri. m; .O (e� The Newspaper bai its known�of a-of iisae established in eitheT the cam'in wtach, it C/) hey,in wbDh or in pan,the local public roruwation whirb the Newspaper paqati to . . or:in an adjoining comty, M (fl Thae N ewapap tiles a copf�of issue ° • te2 the to historical eori,e CD The New:- per is a mwhble at single or su-,b tioon prig to any perso ri, N c orpora tiorz parinersbip, or other imm4corporaled associarion reqmsting the Newsp ar d mal in---the applicable pal» 4 The N ew z,pa peT bas ccaphed with all the t" eoin-9 comiii dow liar at lem tone YE 317 � kninedh _c date ofthe notice prabL-1 ation which is d!e subject of the dda►.it: and BetweenKn- mnlber 1 and Cec sbel'31 of ea,cb year, the Newspaper,publishes aid. .N submiti.to theseaetmy ofscat�. a3ang with a ffing fee of ,d,it swam Un_ied'State; Po-a 0ffLce peri odkA class smtement of ownen hip and cimalatio . 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"a° :a =��*�.° x xs» a X ...,- w.. .. , `t Packet National Joint Powers Alliance® (herein NJPA) REQUEST FOR PROPOSAL (herein RFP) N O N for the procurement of a SOLID WASTE AND RECYCLING COLLECTION EQUIPMENT WITH RELATED EQUIPMENT, ACCESSORIES AND SUPPLIES E .3 W RFP Opening June 6, 2012 8:00 AM Central TIME At the offices of the 'I National Joint Powers Alliance® E 20212 th Street Northeast, Staples, MN 56479 w RFP #060612 0 The National Joint Powers Alliance®(NJPA),on behalf of NJPA and its current and potential Member agencies to include all Government,Higher Education, K12 Education,Non-Profit, and Public Agencies located nationally in all fifty =_ states and potentially internationally, issues this Request For Proposal(RFP)to result in a national contract solution for y, the procurement of SOLID WASTE AND RECYCLING COLLECTION EQUIPMENT WITH RELATED EQUIPMENT,ACCESSORIES AND SUPPLIES. Details of this RFP are available beginning April 19,2012 and continuing until May 17,2012. Details may be obtained by letter of request to Gregg Meierhofer,NJPA,202 12th Street Northeast P.O. Box 219, Staples,MN 56479, or by e-mail at RFP @njpacoop.org. Proposals will be received until June 5, N 2012 at 4:30 p.m. Central Time at the above address and opened June 6, 2012 at 8:OOAM Central Time. The text above is a National Public Notice to Proposers and to be solicited by NJPA. in M RFP Timeline 21 CD April 19, 2012 Publication of RFP in the print and online Minneapolis Star Tribune, 3 the NJPA website, and on the website of noticetobidders.com -o May 17, 2012 Deadline for RFP requests 6 May 22, 2012 Pre-Proposal Conference (webcast–conference call- Connection info 0- 10:00AM CENTRAL TIME sent to all inquirers two business days prior to the event) W June 5, 2012 Deadline for Submission of Proposals 4:30 P.M. Central June 6, 2012 Public Opening of Proposals 0 8:OOA.M. Central c a� Direct questions regarding this RFP to: _ Gregg eierho er at re rrreierho erLa)lii pacoo or or 218 894-1930 gg f ��� � Z P—� � � Q Methods and guidelines for submitting questions are detailed within the body of this document. 1 Packet Pg. 172 5.N.f RFP 060612 TABLE OF CONTENTS 1. INTRODUCTION c R A. About NJPA 5. MARKETING PLAN B. Joint Exercise of Powers Laws 6. PROPOSAL OPENING PROCEDURE o C. Why Respond to a National Cooperative 7. EVALUATION OF PROPOSALS h Procurement Contract A. Proposal Evaluation Process D. The Intent of This RFP B. Proposer Responsiveness Q E. Scope of This RFP C. Proposal Evaluation Criteria F. Expectations for Equipment/Products D. Cost Scoring Evaluation and Services Being Proposed E. Product Testing a G. Solutions Based Solicitation F. Past Performance Information ' c 2. DEFINITIONS G. Waiver of Formalities W A. Proposer—Vendor 8. POST AWARD OPERATING ISSUES B. Contract A. Subsequent Agreements C. Time B. NJPA Member Sign-up Procedure D. Proposer's Response C. Reporting of Sale Activity E. Currency D. Audits = F. FOB E. Hub Partner m 3. INSTRUCTIONS FOR PREPARING YOUR F. Trade-Ins Q. PROPOSAL G. Out of Stock Notification a A. Pre-Proposal Conference H. Termination of a Contract resulting from W C B. Identification of Key Personnel this RFP 2 C. Proposer's Exceptions to Terms and 9. GENERAL TERMS AND CONDIITONS Conditions A. Advertisement of RFP c D. Formal Instructions to Proposers B. Advertising a Contract Resulting From v E. Questions and Answers About This This RFP S RFP C. Applicable Law F. Modification or Withdrawal of a D. Assignment of Contract d Submitted Proposal E. Proposers List G. Value Added Attributes, F. Captions,Headings,and Illustrations r Products/Services G. Confidential Information moo; H. Certificate of Insurance H. Data Privacy I. Order Process and/or Funds Flow I. Entire Agreement J. Administrative Fees J. Force Majeure :2 4. PRICING STRATEGIES K. Gratuities W A. Line-Item Pricing L. Hazardous Substances B. Percentage Discount From Catalog or M. Legal Remedies N Category N. Licenses .. C. Hot List Pricing O. Material Suppliers and Sub-Contractors y D. Ceiling Price P. Non-Wavier of Rights 3 E. Volume Price Discounts Q. Protests of Awards Made F. Sourced Goods R. Provisions Required by Law y G. Cost Plus a Percentage of Cost S. Public Record o. H. Total Cost of Acquisition T. Right to Assurance U. I. Requesting Product and Service U. Suspension or Disbarment Status -a Additions/Deletions V. Human Rights Certificate c J. Requesting Pricing Changes W. Severability K. Price and Product Changes Format X. Relationship of Parties 0 L. Single Statement of Pricing—Historical Record of Pricing 10. FORMS M. Payment Terms A,B,C, D,E,G,H,I N. Sales Tax 11. PRE-SUBMISSION CHECKLSIT O. Shipping and Shipping Program Q P. Normal Working Hours 2 of 49 Packet Pg. 173 5.N.f RFP 060612 1. INTRODUCTION A. ABOUT NJPA c N 1_1 The National Joint Powers Alliance®-(NJPA)-is a public agency serving as a national municipal o contracting agency established under the Service Cooperative statute by Minnesota Legislative Statute N §123A.21 with the authority to develop and offer,among other services,cooperative procurement services to its membership. Eligible membership and participation includes states,cities,counties,all Q government agencies,both public and non-public educational agencies,colleges,universities and non- profit organizations E 1_2 Under the authority of Minnesota state laws and enabling legislation,NJPA facilitates a competitive j bidding and contracting process on behalf of the needs of itself and the needs of current and potential a 's member agencies nationally.This process results in national procurement contracts with various Vendors W of products/equipment and services which NJPA Member agencies desire to procure.These procurement m contracts are created in compliance with applicable Minnesota Municipal Contracting Laws. A complete listing of NJPA cooperative procurement contracts can be found at h—q://www.njpacoop.or contract- . a purchasing-solutions/contracts R 1_3 NJPA is a public agency governed by publicly elected officials that serve as the NJPA Board of Directors. NJPA's Board of Directors call for all proposals, awards all Contracts, and hosts those EL resulting Contracts for the benefit of its own and its Members use. w C 1.3.1 Subject to Approval of the NJPA Board:NJPA contracts are awarded by the action of the NJPA Board of Directors. This action is based on the open and competitive bidding process facilitated by NJPA. The evaluation and resulting recommendation is presented to the Board of v Directors by the NJPA Proposal Evaluation Committee. co c L) 1_4 NJPA currently serves over 40,000 member agencies nationally. Both membership and utilization of ', NJPA contracts continue to expand, due in part to the increasing acceptance of Cooperative Purchasing throughout the government and education communities nationally. c� B. JOINT EXERCISE OF POWERS LAWS N R 1_5 NJPA cooperatively shares those contracts with its Members nationwide through various"Joint Exercise of Powers Laws"established in Minnesota and most other States.The Minnesota"Joint Exercise 0 of Powers Law"is Minnesota Statute §471.59 which states"Two or more governmental units...may N jointly or cooperatively exercise any power common to the contracting parties..." Similar Joint Exercise CD of Powers Laws exists within the laws of each State of the United States. This Minnesota Statute allows N NJPA to serve Member agencies located in all other states. Municipal agencies nationally have the ability to participate in cooperative purchasing activities as a result of specific laws of their own state.These . laws can be found on our website at http://www.njpacoop.org/contract-purchasing-solutions/legal- authority/state-procurement-resources 0 N C.WHY RESPOND TO A NATIONAL COOPERATIVE PROCUREMENT CONTRACT o. U_ ce 1_6 National Cooperative Procurement Contracts create value for Municipal and Public Agencies,as well d as for Vendors of products/equipment and services in a variety of ways: _ 0 E 1.6.1 National cooperative contracts potentially save the time and effort of Municipal and u Public Agencies who would have been otherwise charged with soliciting vendor responses to individual RFP's,resulting in individual contracts,to meet the procurement needs of their E respective agencies. Considerable time and effort is also potentially saved by the Vendors who would have had to otherwise respond each of those individual RFPs.A single,nationally advertised RFP,resulting in a single,national cooperative contract can potentially replace a thousands of individual RFPs for the same products/services that might have been otherwise 3 of 49 Packet Pg. 174 RFP 060612 advertised by individual NJPA member agencies. 1.6.2 NJPA contracts offer our Members nationally leveraged volume purchasing discounts. Our contract terms and conditions offer the opportunity for Vendors to recognize individual member procurement volume commitment through additional volume based contract discounts. o 1_7 State laws that permit or encourage cooperative purchasing contracts do so with the belief that cooperative efficiencies will result in lower prices,better overall value,and considerable time savings. a c m 1_8 The collective purchasing power of thousands of NJPA Member agencies nationwide offers the E CL opportunity for volume pricing discounts. Although no sales or sales volume is guaranteed by a NJPA 'S Contract resulting from this RFP, substantial volume is anticipated and volume pricing is requested and w justified. d ca m 1_9 NJPA and its Members desire the best value for their procurement dollar as well as a competitive price. Pre-competed procurement contracts offer NJPA and its Member agencies the ability to directly compare non-price factors in their procurement analysis. Vendors have the opportunity to display and = highlight value added attributes of their company, equipment/products and services without constraints of £ a typical individual proposal process. a '9 rr D. THE INTENT OF THIS RFP w 0 1.10.A national contract awarded by the NJPA Board of Directors: The intent of this RFP is to Award a national contract by the action of the NJPA Board of Directors. This action will be influenced c by the recommendation of the NJPA Proposal Evaluation Committee,and as a result of the competitive v proposal and evaluation process which has been designed to reflect the best interests of NJPA and its 5 Member agencies. NJPA is seeking the most responsive Vendor relationship(s)to meet this need.The goal and intent of this RFP is to follow through with an award and contract,which will be marketed W nationally through a cooperative effort between the awarded vendor(s)and NJPA. c e� 1.11 NJPA's primary intent is to establish and provide a national cooperative procurement contract, w offering opportunities for NJPA and our Member agencies to procure quality equipment/products, goods and services as desired and needed. Contracts are expected to offer price levels reflective of the potential and collective volume of NJPA and the nationally established NJPA membership base. o U) 1.11.1 Beyond our primary intent,NJPA further desires to: as N • Award a four year term contract with a fifth year contract option resulting from this RFP; • Offer and apply any applicable technology advances throughout the term of a contract resulting from this RFP; 3 • Deliver "Value Added" aspects of the company, equipment/products and services as °- 0 defined in the"Proposer's response"; N • Deliver wide spectrums of solutions to meet the needs and requirement of NJPA.and U. NJPA Member agencies. .a • Award an exclusive contract to the most responsive vendor when it is deemed to be in the c best interest of NJPA and the NJPA Member agencies. M E 0 0 1.12 Non-Manufacturer Awards: NJPA reserves the right to make an award related to this invitation to a non-manufacturer or dealer/distributor if such action is in the best interests of NJPA and its Members. E s 1.13 Exclusive or Multiple Awards: Although it is NJPA's intent and desire to award a contract to a single exclusive Vendor, NJPA reserves the right to award a Contract to multiple Proposers where the a responding Proposers are deemed to be in the best interests of NJPA and its Member agencies. 4 of 49 Packet Pg. 175 5.N.f RFP 060612 E. SCOPE OF THIS RFP c ca d L O 1.14 The scope and goal of this RFP is to award a contract to a qualifying vendor defined as a N manufacturer, provider, or dealer/distributor, established as a Proposer, and deemed responsive through our open and competitive proposal process. Vendors will be awarded based on demonstrated overall Q highest value solutions which meet and/or exceed the needs and requirements of NJPA and its Member agencies within the scope of SOLID WASTE AND RECYCLING COLLECTION EQUIPMENT WITH RELATED EQUIPMENT, ACCESSORIES AND SUPPLIES. Qualifying Proposers must be c. able to anticipate the needs and requirements of NJPA and NJPA member agencies, and demonstrate the w knowledge of any and all applicable industry standards, laws and regulations; and the ability to both Uj market to and service NJPA Members in all 50 states. NJPA requests proposers submit their entire 1 product line as it applies and relates to the scope of this RFP. All proposals deemed responsive will be d evaluated based on their ability to provide the overall highest value to NJPA and NJPA Member agencies. One of the measures of overall highest value will be the proposed breadth and depth of products and services. _ d 1.15 Best and Most Responsive—Responsible Proposer: It is the intent of NJPA to award a Contract to c. the best and most responsible and responsive Proposer(s)offering the best overall quality and selection of w equipment/products and services meeting the commonly requested specifications of the NJPA and NJPA c Members,provided the Proposer's Response has been submitted in accordance with the requirements of this RFP. d 0 1.16 Sealed Proposals:NJPA will receive sealed proposal responses to this RFP in accordance with a� accepted standards set forth in the Minnesota Procurement Code and Uniform Municipal Contracting E Law.Awards may be made to responsible and responsive Proposers whose proposals are determined in writing to be the most advantageous to NJPA and its current or qualifying future NJPA Member agencies. v 1.17 Use of Contract: Any Contract resulting from this solicitation shall be awarded with the understanding that it is for the sole convenience of NJPA and its Members. NJPA and/or its members a; reserve the right to obtain like goods and services solely from this Contract or from another contract source of their choice or from a contract resulting from their own procurement process. 1.18 NJPA's interest in a contract resulting from this RFP:Not withstanding its own use,to the extent in NJPA issues this RFP and any resulting contract for the use of its Members,NJPA's interests and liability rn for said use shall be limited to the competitive proposal process performed and terms and conditions aD relating to said contract and shall not extend to the products, services, or warranties of the Awarded Vendor or the intended or unintended effects of the goods and services procured there from. N 3 1.19 Awarded Vendor's interest in a contract resulting from this RFP: Awarded Vendors will be able -a to offer to NJPA, and current and potential NJPA Members, only those goods and services specifically N awarded on their NJPA Awarded Contract(s). Awarded Vendors may not offer as "contract compliant", a, goods and services which are not specifically identified and priced in their NJPA Awarded Contract. 1.20 Sole Source of Responsibility-NJPA desires a"Sole Source of Responsibility"Vendor meaning the = Vendor will take sole responsibility for the performance of delivered products/services.NJPA also desires sole responsibility with regard to: 0 1.21-0.1 Scope of Products/Services:NJPA desires a provider for the broadest possible scope of E the equipment/products, goods and services being proposed over the largest possible geographic area and to the largest possible cross-section of NJPA current and potential Members. r a 1.20.2 Vendor use of sub-contractors in sourcing or delivering goods and services: NJPA 5 of 49 Packet Pg. 176 5.N.f RFP 060612 desires a single source of responsibility for equipment/products and services proposed.Proposer's are assumed to have sub-contractor relationships with all organizations and individuals whom are external to the Proposer and are involved in providing or delivering the goods and services being a proposed. Vendor assumes all responsibility for the equipment/products and services and actions 'U u) any such Sub-Contractor. L 0 H N 1.21 Additional Definitions for the scope of this solicitation. Q 1.21.1 In addition to SOLID WASTE AND RECYCLING COLLECTION EQUIPMENT WITH RELATED EQUIPMENT, ACCESSORIES AND SUPPLIES, this solicitation should be read to include,but not limited to: W 1.21.1.1 Front-loading, Side-loading and Rear-loading garbage trucks, Cardboard 0 Compactors and Balers, Dumpsters, Roll-off Trucks & Containers, Residential & ,0 Commercial Garbage Cans(intended for pick-up by Side-loading garbage trucks),etc. 1.21.2 NJPA reserves the right to limit the scope of this solicitation for NJPA and current and t potential NJPA member agencies. E a 1.22 Suggested Solutions Options w 1.22.1 All potential Proposers are assumed to be professionals in their respective fields. As c professionals you are deemed to be intimately familiar with the spectrum of NJPA and NJPA d Member's needs and requirements with respect to the scope of this RFP. c 0 1.22.2 With this intimate knowledge of NJPA and NJPA Member's needs, Proposers are c 0 instructed to provide their proposal response in a format describing their solutions to those current and future needs and requirements. Proposers should take care to be economical in their response to this RFP. v c so 1.22.3 Multiple solutions to the needs of NJPA and NJPA Members are possible. Examples a; could include: eyv a 1.22.3.1 Materials Only Solution: A Materials Only Solution may be appropriate for '.o situations where NJPA or NJPA Members possess the ability, either in-house or through u) local third party contractors, to properly install and bring to operation those materials M being proposed. N m 1.22.3.2 Turn-Key Solutions: A Turn-Key Solution is a combination of materials and services which provides a single price for materials, delivery, and installation to a properly operating status. Generally this is the most desirable solution as NJPA and :a NJPA Members may not possess, or desire to engage, personnel with the necessary v0, expertise to complete these tasks internally or through other independent contractors CL a: 1.22.3.3 Good, Better, Best: Where appropriate and properly identified, Proposers are invited to offer the CHOICE of good—better—best multiple grade solutions to NJPA and NJPA Member's needs. E 0 U 1.22.3.4 Proven — Accepted — Leading Edge Technology: Where appropriate and properly identified, Proposers are invited to provide the CHOICE of an appropriately identified spectrum of technology solutions to NJPA and NJPA Member's needs both now and into the future. a 1.23 Overlap of Scope: 6 of 49 Packet Pg. 177 5.N.f RFP 060612 1.23.1 When considering equipment,products,or groups of goods and services submitted as a .a 0 part of your response,and whether inclusion of such will fall within a"Scope of Proposal",please CM consider the validity of an inverse statement. m L O • For example,pencils and post-it-notes can generally be classified as office m supplies and office supplies generally include pencils and post-it-notes. a • In contrast,computers(PC's and peripherals)can generally be considered office supplies,however the scope of office supplies does not generally include a computers(servers and infrastructure). s w • In conclusion: With this in mind,individual products and services must be examined individually by NJPA,from time to time and in its sole discretion,to 0 determine their compliance and fall within the original"Scope"as intended by NJPA. c d 1.24 Geographic Area to be Proposed: This RFP invites proposals to provide SOLID WASTE AND a. RECYCLING COLLECTION EQUIPMENT WITH RELATED EQUIPMENT, ACCESSORIES -5 AND SUPPLIES to NJPA and NJPA Members throughout the entire United States and possibly w internationally. Proposers will be expected to express willingness to explore service to NJPA Members c located abroad; however the lack of ability to serve Members outside of the United States will not be cause for non-award. The ability to serve Canada,for instance,will be viewed as a value-added attribute. m 0 U 1.25 Manufacturer as a Proposer: If the Proposer is a Manufacturer or wholesale distributor, the c response received will be evaluated on the basis of a response made in conjunction with that Manufacturer's Dealer Network. Unless stated otherwise, a Manufacturer or wholesale distributor Proposer is assumed to have a documented relationship with their Dealer Network where that Dealer Network is informed of,and authorized to accept,purchase orders pursuant to any Contract resulting from this RFP on behalf of the Manufacturer or wholesale distributor Proposer. Any such dealer will be considered a sub-contractor of the Proposer/Vendor. The relationship between the Manufacturer and N wholesale distributor Proposer and its Dealer Network may be proposed at the time of the proposed submission if that fact is properly identified. -a 0 1.26 Dealer/Re-seller as a Proposer: If the Proposer is a dealer or re-seller of the products and/or y services being proposed, the response will be evaluated based on the Proposer's authorization to provide those products and services from their manufacturer. Where appropriate, Proposers must document their N authority to offer those products and/or services. , N co 1.27 Contract Term: At NJPA's option a contract resulting from this RFP will become effective either; 3 1) The date awarded by the NJPA Board of Directors, or 2) The day following the expiration date of an :2 existing NJPA procurement contract for the same or similar goods and services. u°,, CL U_ 1.27.1 NJPA is seeking a Contract base term of four years subject to annual renewals as allowed OC by Minnesota Contracting Law. Full term is expected, however will only occur through c successful annual renewals. One additional one-year renewal-extension may be offered by NJPA to Vendor beyond the original four year term if NJPA deems such action to be in the best interests o of NJPA and its Members. c 1.28 Minimum Contract Value: NJPA anticipates considerable activity resulting from this RFP and E subsequent award; however no commitment of any kind is made concerning actual quantities to be acquired. NJPA does not guarantee usage. Usage will depend on the actual needs of the NJPA Members and the value of the awarded contract. a 7 of 49 Packet Pg. 178 RFP 060612 1.29 Estimated Contract Volume: Estimated quantities and sales volume are based on potential usage V by NJPA and NJPA Member agencies nationally. R . N 1.30 Largest Possible Solution: If applicable, Contracts will be awarded to Proposer(s) able to deliver a o proposal meeting the entire needs of NJPA and its Members within the scope of this RFP. NJPA prefers N Proposers submit their complete product line of products and services described in the scope of this RFP. NJPA reserves the right to reject individual, or groupings of specific equipment/products and services a proposals as a part of the award. a� 1.31 Contract Availability: This Contract must be available to all current and potential NJPA Members E who choose to utilize this NJPA Contract to include all governmental and public agencies, public and s private primary and secondary education agencies,and all non-profit organizations nationally. W d w 1.32 Proposer's Commitment Period: In order to allow NJPA the opportunity to evaluate each proposal thoroughly,NJPA requires any response to this solicitation be valid and irrevocable for ninety(90)days after the date proposals were opened regarding this RFP. m F. EXPECTATIONS FOR EQUIPMENT/PRODUCTS AND SERVICES BEING PROPOSED a. s 1.33 Industry Standards: Except as contained herein, the specifications or solutions for this RFP W shall be those accepted guidelines set forth by the SOLID WASTE AND RECYCLING o COLLECTION EQUIPMENT WITH RELATED EQUIPMENT, ACCESSORIES AND SUPPLIES industry,as they are generally understood and accepted within that industry across the nation. c Submitted products/services, related services, and their warranties and assurances are required to meet v and/or exceed all current,traditional and anticipated needs and requirements of NJPA and its Members. c 1.33.1 Deviations from industry standards must be identified by the Proposer and � explained how, in their opinion, the equipment/products and services they propose will render equivalent functionality, coverage, performance, and/or service. Failure to detail all such deviations may comprise sufficient grounds for rejection of the entire proposal. N 1.33.2 Technical Descriptions/Specifications.Proposers must supply sufficient information to: j — • Demonstrate the Proposer's knowledge of industry standards,and c°n • identify the products and services being proposed,and ch • differentiate those products and services from others. N Excessive technical descriptions and specifications which, in the opinion of NJPA unduly N enlarge the proposal response may reduce evaluation points awarded on Form G. 1.34 Important note: NJPA does not typically provide product and service specifications;rather NJPA is N requesting an industry standard or accepted specification for the requested products and services. Where d specific line items are specified, those line items should be considered the minimum which can be u expanded by the Proposer to deliver the Proposer's"Solution"to NJPA and NJPA Member's needs. d _ 1.35 Commonly used Goods and Services: It is important that the equipment/products and services E submitted are the equipment/products and services commonly used by public sector entities. °a _ 1.36 New Current Model Goods: Proposals submitted shall be for new, current model products E and services with the exception of certain close-out products allowed to be offered on the Proposer's "Hot List" described herein. Q 1.37 Compliance with laws and standards: All items supplied on this Contract shall comply with any 8 of 49 Packet Pg. 179 I G 5.N.f RFP 060612 current applicable safety or regulatory standards or codes. 1.38 Delivered and operational; Products offered herein are to be proposed based upon being delivered r_ and operational at the NJPA Member's site. Exceptions to"delivered and operational"must be explicitly d disclosed in the"Total Cost of Acquisition" section of your proposal response. o 0 N 1.39 Warranty: The Proposer/Vendor warrants that all products, equipment, supplies, and services delivered under this Contract shall be covered by the industry standard or better warranty. All products a and equipment should carry a minimum industry standard manufacturer's warranty that includes materials and labor. The Proposer has the primary responsibility to submit product specific warranty as required and accepted by industry standards. Dealer/Distributors agree to assist the purchaser in reaching a 0. solution in a dispute over warranty's terms with the manufacturer. Any manufacturer's warranty which is a effective past the expiration of the warranty will be passed on to the NJPA member. Failure to submit a W minimum warranty may result in non-award. ? d 1.40 Proposer's Warrants: The Proposer warrants all goods and services furnished hereunder will be free from liens and encumbrances; and defects in design, materials, and workmanship; and will conform C in all respects to the terms of this RFP including any specifications or standards. In addition, c Proposer/Vendor warrants the goods and services are suitable for and will perform in accordance with the E purposes for which they were intended. Q. a G. SOLUTIONS BASED SOLICITATION W c 0 NJPA solicitations and contract process will typically not offer specifications for proposers to meet or d base your response on. This RFP is a"Solutions Based Solicitation". This means the proposers are asked c to understand and anticipate the current and future needs of NJPA and the nationally located NJPA v membership base, within the scope of this RFP, and including specifications commonly desired or c required by law or industry standards. Your proposal will be evaluated in part on your demonstrated ability to meet or exceed the needs and requirements of NJPA and our member agencies. d e_ V 2. DEFINITIONS a) A. PROPOSER-VENDOR M 2_1 Exclusive Vendor- A sole Vendor awarded in a product category. NJPA reserves the right to award .a to an Exclusive Vendor in the event that such an award is in the best interests of NJPA Members. Such a in Proposer must exhibit the ability to offer an outstanding overall program and demonstrate the ability and rn willingness to serve NJPA Members in all 50 states,and comply with all other requirements of this REP. N 2.2 Potential Proposer-A person or entity requesting a copy of this RFP. w 0 3 2_3 Proposer-A company,person,or entity delivering a timely response to this RFP. -c 0 N 2_4 Vendor- One of a number of Proposers whose proposal has been awarded a contract pursuant to this u0. RFP. W d 2_5 Request for Proposal-Herein referred to as RFP E & CONTRACT U c 2_6"Contract"as used herein shall mean cumulative documentation consisting of this RFP, an entire E Proposer's response,and a fully executed"Acceptance and Award"pursuant to this RFP. a C. TIME 9 of 49 Packet Pg. 180 5.N.f RFP 060612 2.7 Periods of time, stated as number of days,shall be in calendar days. C R D. PROPOSER'S RESPONSE w m L 2_8 A Proposer's Response is the entire collection of documents as they are received by NJPA from a N Potential Proposer in response to this RFP. a E.CURRENCY c d 2_9 All transactions are payable in U.S. dollars on U.S. sales. All administrative fees are to be paid in L U.S. dollars. a W F.FOB d 2.10 FOB stands for"Freight On Board"and defines the point at which responsibility for loss and damage of goods purchased are transferred from Seller to Buyer."FOB Destination"defines that transfer r_ of responsibility for loss is transferred from Seller to Buyer at the Buyer's designated delivery point. _ m 2.11 FOB does not identify who is responsible for the costs of shipping.The responsibility for the costs of shipping is addressed elsewhere in this document. s W c 0 m 3. INSTRUCTIONS FOR PREPARING YOUR PROPOSAL c v A.PRE-PROPOSAL CONFERENCE 5 3_1 A non-mandatory pre-proposal conference will be held at the date and time specified in the time line on page one of this RFP. Conference call and web connection information will be sent to all Potential Proposers through the same means employed in their inquiry. The purpose of this conference call is to allow Potential Proposers to ask questions regarding this RFP. Only answers issued in writing by NJPA a, to questions asked before or during the Pre-proposal Conference shall be considered binding. B.IDENTIFICATION OF KEY PERSONNEL 0 U) 3_2 Vendor will designate one senior staff individual who will represent the awarded Vendor to NJPA. This contact person will correspond with members for technical assistance, questions or problems that N may arise including instructions regarding different contacts for different geographical areas as needed. a� N co 3_3 Individuals should also be identified (if applicable) as the primary contacts for the contents of this proposal,marketing, sales,and any other area deemed essential by the Proposer. :a 0 T C.PROPOSER'S EXCEPTIONS TO TERMS AND CONDITIONS n 3_4 Any exceptions, deviations, or contingencies a Proposer may have to the terms and conditions contained herein must be documented on Form C. c .0 E 3_5 Exceptions, Deviations or contingencies stipulated in Proposer's Response, while possibly necessary °, in the view of the Proposer,may result in disqualification of a Proposal Response. m D. FORMAL INSTRUCTIONS TO PROPOSERS 3_6 It is the responsibility of all Proposers to examine the entire RFP package,to seek clarification of any a item or requirement that may not be clear and to check all responses for accuracy before submitting a 10 of 49 Packet Pg. 181 RFP 060612 Proposal. Negligence in preparing a Proposal confers no right of withdrawal after the deadline for submission of proposals. a c R N 3_7 All proposals must be sent to "The National Joint Powers Alliance®, 202 12th ST NE Staples, MN o 56479." N CD 0 3_8 Format for proposal response: Please use Form A as the basic format for your response. Please use a the general headings in Form A to "Section" your electronic response. All proposals must be physically delivered to NJPA at the above address in the following format: °' 3.8.1 Hard copy Original signed,completed,and dated forms C,D,E,H,and I from this RFP, L 3.8.2 Hard copies of all addenda issued for the RFP with original counter signed by the Proposer, a 3.8.3 Certificate of insurance verifying the coverage identified in this RFP, W 3.8.4 Two complete copies of your response on A CD (Compact Disc) or flash drive containing m completed Forms A,B C D E,H and 1, your statement of products and pricing together with all m appropriate attachments,and a Dunn and Bradstreet report on your organization. v 3_9 All Proposal forms must be legible. All appropriate forms must be executed by an authorized signatory of the Proposer.Blue ink is preferred for signatures. E a 3.10 Proposal submissions should be submitted using the electronic forms provided. If a Proposer chooses a to use alternative documents for their response, the proposer will be responsible for ensuring the content W is effectively equal to the NJPA form and the document is in a format readable by NJPA. o m 3.11 It is the responsibility of the Proposer to be certain the proposal submittal is in the physical c possession of NJPA on or prior to the deadline for submission of proposals. v a� c 3.11.1 Proposals must be submitted in a sealed envelope or box properly addressed to NJPA and prominently identifying the proposal number, proposal category name, the message "Hold for Proposal Opening", and the deadline for proposal submission. NJPA cannot be responsible for late receipt of proposals. Proposals received by the correct deadline for proposal submission will be opened and the name of each Proposer and other appropriate information will be publicly read. o� H M 3.12 Corrections, erasures, and interlineations on a Proposer's Response must be initialed by the authorized signer in original ink on all copies to be considered. 0 3.13 Addendums to the RFP: The Proposer is responsible for ensuring receipt of all addendums to this w RFP. o> 3.13.1 Proposer's are responsible for checking directly with the NJPA website for addendums to this RFP. °�' ca 3.13.2 Addendums to this RFP can change terms and conditions of the RFP including the 3 deadline for submission of proposals. a 0 IF E. QUESTIONS AND ANSWERS ABOUT THIS RFP U- 3.14 Upon examination of this RFP document, Proposer shall promptly notify the NJPA of any d ambiguity,inconsistency,or error they may discover. Interpretations,corrections and changes to this RFP a will be made by NJAP through addendum. Interpretations, corrections, or changes made in any other E manner will not be binding and Proposer shall not rely upon such. 3.15 Submit all questions about this RFP, in writing,referencing"SOLID WASTE AND RECYCLING COLLECTION EQUIPMENT WITH RELATED EQUIPMENT, ACCESSORIES AND 0 SUPPLIES to Gregg Meierhofer,NJPA 202 12th Street NE, Staples, MN 56479 or RFP @njpacoop.org. r Those not having access to the Internet may call Gregg Meierhofer at (218) 894-1930. Requests for a additional information or interpretation of instructions to Proposers or technical specifications shall also 11 of 49 Packet Pg. 182 REP 06061.2 be addressed to Gregg Meierhofer. NJPA urges Potential Proposers to communicate all concerns well in advance of the deadline to avoid misunderstandings. Questions received less than seven (7) days ending at 4:00 p.m. Central Time of the seventh(7t'')calendar day prior to proposal due-date cannot be answered. a N d .L 3.16 If the answer to a question is deemed by NJPA to have a material impact on other potential proposers N or the RFP itself,the answer to the question will become an addendum to this RFP. a 3.17 If the answer to a question is deemed by NJPA to be a clarification of existing terms and conditions and does not have a material impact on other potential proposers or the RFP itself, no further m documentation of that question is required. o. a 3.18 As used in this solicitation, clarification means communication with a Potential Proposer for the sole W purpose of eliminating minor irregularities,informalities,or apparent clerical mistakes in the RFP. d as 3.19 Addenda are written instruments issued by NJPA that modify or interpret the RFP. All addenda issued by NJPA shall become a part of the RFP. Addenda will be delivered to all Potential Proposers r- using the same method of delivery of the original RFP material. NJPA accepts no liability in connection c with the delivery of said materials. Copies of addenda will also be made available on the NJPA website E at www.nipacoop.org by clicking on "Current Proposals" and from the NJPA offices. No questions will a be accepted by NJPA later than five (5) days prior to the deadline for receipt of proposals, except an 5 addendum withdrawing the request for proposals or one that includes postponement of the date of receipt W of proposals. Each Potential Proposer shall ascertain prior to submitting a Proposal that it has received all o addenda issued,and the Proposer shall acknowledge their receipt in its Proposal Response. 3.20 An amendment to a submitted proposal must be in writing and delivered to NJPA no later than the v time specified for opening of all proposals. c eon% F. MODIFICATION OR WITHDRAWAL OF A SUBMITTED PROPOSAL m 3.21 A submitted proposal may not be modified, withdrawn from or cancelled by the Proposer for a = period of ninety (90) days following the date proposals were opened regarding this RFP. Prior to the deadline for submission of proposals, any proposal submitted may be modified or withdrawn by notice y to the NJPA Manager of Bids and Contracts. Such notice shall be submitted in writing and include the t0 signature of the Proposer and shall be delivered to NJPA prior to the deadline for submission of proposals and it shall be so worded as not to reveal the content of the original proposal. However, the �o original proposal shall not be physically returned to the Potential Proposer until after the official .. proposal opening. Withdrawn proposals may be resubmitted up to the time designated for the receipt of the proposals if they are then fully in conformance with the Instructions to Proposer. am r G. VALUE ADDED ATTRIBUTES, PRODUCTS/SERVICES U) 3 3.22 Examples of Value Added Attributes: Value-Added attributes, products and services are items offered in addition to the products and services being proposed which adds value to those items being y proposed. The availability of a contract for maintenance or service after the initial sale, installation, and 0- set-up may, for instance,be"Value Added Services" for products where a typical buyer may not have the 1* ability to perform these functions. 3.23 Where to document Value Added Attributes: The opportunity to indicate value added dimensions E and such advancements will be available in the Proposer's Questionnaire and Proposer's product and 5 service submittal. c m E 3.24 Value added equipment/products and services and expanded services, as they relate to this RFP,will cu be given positive consideration in the award selection. Consideration will be given to an expanded r selection of "SOLID WASTE AND RECYCLING COLLECTION EQUIPMENT WITH RELATED a EQUIPMENT, ACCESSORIES AND SUPPLIES", and advances to provide products/services, supplies 12 of 49 Packet Pg. 183 5.N.f RFP 060612 meeting and/or exceeding today's industry standards and expectations. A value add would include a program or service that further serves the members needs above and possibly beyond standard expectation and complements the equipment/products and services and training. Value added could include areas of a NNW, product and service, sales, ordering, delivery, performance, maintenance, technology, and service that d furthers the functionality and effectiveness of the procurement process while remaining within the scope .O of this RFP. a� 3.25 Minority, Small Business, and Women Business Enterprise (WMBE) participation: It is the Q policy of some NJPA Members to involve Minority, Small Business, and WMBE contractors in the c purchase of goods and services. Vendors should document WMBE status for their organization AND any E such status of their affiliates (i.e. Supplier networks) involved in carrying out the activities invited. The Q. ability of a Proposer to provide "Credits" to NJPA and NJPA Members in these subject areas, either .a individually or through related entities involved in the transaction,will be evaluated positively by NJPA. w NJPA is committed to facilitating the realization of such"Credits"through certain structuring techniques m for transactions resulting from this RFP. m 3.26 Environmentally Preferred Purchasing Opportunities: There is a growing trend among NJPA = Members to consider the environmental impact of the equipment/products and services they purchase. Please identify any "Green" characteristics of the goods and services in your proposal and identify the E sanctioning body determining that characteristic. Where appropriate,please indicate which products have L been certified as"green"and by which certifying agency. a W 3.27 On-Line Requisitioning systems: When applicable, on-line requisitioning systems will be viewed o as a value-added characteristic. Proposer shall include documentation about user interfaces that make on- m line ordering easy for NJPA Members as well as the ability to punch-out from mainstream e-Procurement c or Enterprise Resource Planning(ERP)systems that NJPA Members may currently utilize. V a� c 3.28 Financing: The ability of the Proposer to provide financing options for the products and services being proposed will be viewed as a Value Added Attribute. H. CERTIFICATE OF INSURANCE C m 3.29 Proposer shall provide evidence of liability insurance coverage identified below in the form of an ACCORD binder form with their proposal.Upon Award issued pursuant to this contract,and prior to the execution of any commerce relating to such award,Vendor will be responsible for providing verification, :° in the form of an ACCORD binder identifying the coverage required below and identifying NJPA as a co "Certificate Holder"and an"Additional Insured".Vendor will be responsible to maintain such insurance coverage at their own expense throughout the term of any contract resulting from this solicitation. CD N 3.30 Vendor,upon award,shall be required to maintain the following insurance coverage's during the y term of the NJPA Contract: m (1)Workers Compensation insurance(Occurrence)with the following minimum coverage's: Bodily o injury by accident--per employee$100,000;Bodily injury by disease--per employee$100,000; le Policy limits $500,000.In addition,Proposer shall require all subcontractors occupying the U_ premises or performing work under the contract to obtain an insurance certificate showing proof of Workers = Compensation Coverage with the following minimum coverage's:Bodily injury by accident--per E employee$100,000;Bodily injury by disease--per employee$100,000;Policy limits$500,000. 0 (2)Commercial General Liability Policy per occurrence$1,000,000. (3)Business Auto Policy to include but not be limited to liability coverage on any owned,non- owned E and hired vehicle used by Proposer or Proposer's personnel in the performance of this Contract. The Business Automobile Policy shall have a per occurrence limit of$1,000,000. a 13 of 49 Packet Pg. 184 i i i RFP 060612 3.31 The foregoing policies shall contain a provision that coverage afforded under the policies will not be canceled,or not renewed or allowed to lapse for any reason until at least thirty(30)days prior written notice has been given to NJPA. Certificates of Insurance showing such coverage to be in force shall be R filed with NJPA prior to commencement of any work under the contract.The foregoing policies shall be N obtained from insurance companies licensed to do business nationally and shall be with companies o acceptable to NJPA,which must have a minimum AM Best rating of A-.All such coverage shall remain y e in full force and effect during the term and any renewal or extension thereof. � a c I. ORDER PROCESS AND/OR FUNDS FLOW a 3.32 Please propose an order process and funds flow.Please choose from one of the following: a W 3.32.1 B-TO-G: The Business-to-Government order process and/or funds flow model involves d NJPA Members issuing Purchase Orders directly to a Vendor and pursuant to a Contract resulting from this RFP. a 3.32.3 Other: Please fully identify. J.ADMINISTRATIVE FEES O. 3.33 Proposer agrees to authorize and/or allow for an administrative fee payable to NJPA by an Awarded .s Vendor in exchange for its facilitation and marketing of a Contract resulting from this RFP to current and w potential NJPA Members.This Administration Fee shall be: o 3.33.1 Calculated as a percentage of the dollar volume of all equipment/products and services provided to and purchased by NJPA Members or calculated as reasonable and acceptable method 0 applicable to the contracted transaction,and c 3.33.2 Included in,and not added to,the pricing included in Proposer's Response to this RFP,and d 3.33.3 Designed to offset the anticipated costs of NJPA's involvement in facilitating the establishment, Vendor training, and the order/product/funds flow of the Contract resulting from this RFP,and other uses as deemed appropriate by NJPA's Board of Directors from time to time. to 3.33.3.1 Typical administrative fees for a B-TO-G order process and funds flow is 2.0%. 0 y 3.34 The opportunity to propose these factors and an appropriate administrative fee is available in the M Proposer's Questionnaire. CD N v 4. PRICING STRATEGIES �a 4_1 NJPA requests Potential Proposers respond to this RFP only if they are able to offer a wide array of equipment/products and services and at prices lower and better value than what they would ordinarily :2 75 offer to single government agency,larger school district,or regional cooperative. 1P 4_2 RFP is an "Indefinite Quantity Product/Service Price Request" with potential national sales U. distribution and service. Proposers are agreeing to fulfill Contract obligations regarding each product/service to which you provide a description and a price. If Proposer's solution requires additional = supporting documentation, describe where it can be found in your submission. If Proposer offers the Z solution in an alternative fashion, describe your solution to be easily understood. All pricing must be c copied on a CD along with other requested information as a part of a Proposer's Response. " Y 4_3 Regardless of the payment method selected by NJPA or NJPA Member, a total cost associated with E any purchase option of the equipment/products and services and being supplied must always be disclosed at the time of purchase. Q 4_4 Primary Pricing/Secondary Pricing Strategies- All Proposers will be required to submit "Primary 14 of 49 Packet Pg. 185 5.N.f t RFP 060612 Pricing" in the form of either"Line-Item Pricing," or"Percentage Discount from Catalog Pricing," or a combination of these pricing strategies. Proposers are also encouraged to offer OPTIONAL pricing 0 strategies including "Hot List," "Sourced Goods," and"Volume Discounts," as well as financing options such as leasing. •L 0 f!! fA 01 V V A.LINE-ITEM PRICING a .r c 4_5 Line-Item pricing- A pricing format where specific individual products and/or services are offered at E specific individual Contract prices. Products and/or services are individually priced and described by .2- characteristics such as manufacture name, stock or part number, size, or functionality. This method of w pricing offers the least amount of confusion as products and prices are individually identified, however •0 Proposers with a large number of products to propose may find this method cumbersome. In these 8 situations,a percentage discount from catalog or category pricing model may make more sense. 4) -a 4_6 All Line-Item Pricing items must be numbered, organized, sectioned, including SKU's (when applicable)and easily understood by the Proposal Evaluation Committee and members. E 4_7 Line-Item Pricing items are to be submitted in an Excel spreadsheet format provided and are to .2- include all appropriate identification information necessary to discern the line item from other line items w in each Proposer's proposal. c W 4_8 The purpose for the excel spreadsheet format for Line-Item Pricing is to be able to use the "Find" 0 function to quickly find any particular item of interest. For that reason, Proposers are responsible for v providing the appropriate product and service identification information along with the pricing information which is typically found on an invoice or price quote for such products and services. 4_9 All products and services typically appearing on an invoice or price quote must be individually priced 4) and identified on the line-item price sheet,including any and all ancillary costs. 0 4.10 Proposers are asked to provide both a "List" price as well as a "Proposed Contract Price" in their 1 pricing matrix. "List"price will be the standard"quantity of one"price currently available to government and educational customers excluding cooperative and volume discounts 0 B. PERCENTAGE DISCOUNT FROM CATALOG OR CATEGORY CV) as N 4.11 Percent Discount From Catalog,list or Category Pricing-A specific percentage discount from a "Catalogue or List Price"defined as a Manufacturer's Suggested Retail Price(MSRP) for the products or y services being proposed. 3 a 4.12 Individualized percentage discounts can be applied individually to any number of defined product 0 groupings. Q_ 4.13 A Percentage Discount from MSRP may be applied to all elements identified in MSRP including d the base vehicle AND all Manufacturer Options. _ E 4.14 Dealer supplied Options will be priced using a"Sourced Goods Multiplier"as defined herein. 0 4.15 When a Proposer elects to use "Percentage Discount from Catalog or Category," Proposer will be E responsible for providing and maintaining current "MSRP" with NJPA both in their proposal and throughout the term of any Contract resulting from this RFP. r a 4.16 NJPA reserves the right to review catalogs submitted to determine if the represented products and 15 of 49 Packet Pg. 186 RFP 060612 services reflect the scope of this RFP. Each new catalog received may have the effect of adding new product offerings and deleting products no longer carried by the Vendor. New catalogs shall apply to the Contract only upon approval of the NJPA. Non-approved use of catalogs may result in termination for convenience. New price lists or catalogs found to be offering non-contract items during the Contract may m be grounds for terminating the Contract for convenience. New optional accessories for equipment may be .o added to the Contract at the time they become available. N d C. HOT LIST PRICING Q r C 4.17 Where applicable, NJPA also invites the Vendor, at their option, to offer a specific selection of E products/services, defined as a Hot List Pricing, at greater discounts than those listed in the standard a Contract pricing. All product/service pricing, including the Hot List Pricing, must be submitted in hard w copy as well as electronically provided in Excel format. Hot List pricing must be submitted in a Line- Item format. Providing a"Hot List" of equipment/products and services is optional. Equipment/products and services may be added or removed from the "Hot List" at any time provided that current "Hot List" d prices are provided to NJPA at all times. V C ca 4.18 Hot List pricing when applicable may also be used to discount and liquidate close-out and discontinued equipment/products and services as long as those close-out and discontinued items are E clearly labeled as such. Current ordering process and administrative fees apply. This option must be 2- published and made available to all NJPA Members. rr w c 4.19 Hot List Pricing is allowed to change at the discretion of the Vendor within the definition of Hot List Pricing. The Vendor is responsible to maintain current Hot List product/service descriptions and Pricing d with NJPA. C v as D. CEILING PRICE S 4.20 Proposal pricing is to be established as a ceiling price. At no time may the proposed equipment/products and services be offered pursuant to this Contract at prices above this ceiling price without approval by NJPA. IMPORTANT NOTE: Contract prices may be reduced to allow for volume considerations and commitments and to meet the specific and unique needs of an NJPA Member. , N R 4.21 Allowable specific needs may include competitive situations,certain purchase volume commitments or the creation of custom programs based on the individual needs of NJPA Members. 6 U) E.VOLUME PRICE DISCOUNTS ch c, 4.22 Proposers are free to offer volume discounts from the contract pricing documented in a Contract resulting from this RFP. Volume considerations shall be determined between the Vendor and individual N NJPA Members on a case-by-case basis. 3 4.23 Nothing in this Contract establishes a favored member relationship between the NJPA or any NJPA .o Member and the Vendor. The Vendor will, upon request by NJPA Member, extend this same reduced T CL price offered or delivered to another NJPA Member provided the same or similar volume commitment, U- specific needs, terms, and conditions, a similar time frame, seasonal considerations, locations, competitively situations and provided the same manufacturer support is available to the Vendor. c 4.24 All price adjustments are to be offered equally to all NJPA Members exhibiting the same or 5 substantially similar characteristics such as purchase volume commitments, and timing including the availability of special pricing from the Vendor's suppliers. F. SOURCED GOODS Q 4.25 NJPA and NJPA Members may, from time to time, request goods and/or equipment/products and 16 of 49 Packet Pg. 187 5.N.f I RFP 060612 services within the scope of this RFP which are not included in an awarded Vendor's line-item product C) /service listing or"list or catalog"known as Sourced Goods. V _ ca 4.26 An awarded Vendor resulting from this RFP may "Source" these equipment/products and services c for NJPA or NJPA Member to the extent they: N 4) 4.26.1 Include in their proposal response a cost-plus-percentage-of-cost pricing factor for such a Sourced _ goods and services,and 4.26.2 Provide as many quotes for the Member's "Total Cost of Acquisition" for the goods and a services to be sourced as may reasonably be required by NJPA Member. a w 4.26.3 Provide"Sourced Goods" only to the extent that they are incidental to the total transaction ow being contemplated. m G. COST PLUS A PERCENTAGE OF COST 4.27 Except as provided in "Sourced Goods" above, cost plus a percentage of cost as a primary pricing mechanism is not desirable. a H. TOTAL COST OF ACQUISITION W _ 0 4.28 The Total Cost of Acquisition for the equipment/products and services being proposed, including those payable by NJPA Members to either the Proposer or a third party, shall be defined as: c U • The cost of the proposed goods and services delivered and operational for its intended purpose in the end-user's location. m 4.29 For example, if you are proposing a materials only "Warehouse Goods" contract FOB Proposer's dock and physically at the Proposer's dock, your proposal would identify your deviation from the "The Total Cost of Acquisition" is to be "Proposal does not provide for delivery beyond Proposer's dock, nor 0 any set-up activities or costs associated with those delivery or set-up activities." In contrast, proposed U terms including all costs for goods and services delivered and operational at to the end-user's location would require a disclosure of"None" °- 0 co I. REQUESTING PRODUCT AND SERVICE ADDITIONS/DELETIONS co o� 4.30 Requests for product, service, and price additions, deletions, or changes must be made in written form and shall be subject to approval by NJPA. N U) M 3 4.31 New equipment/products and services may be added to a Contract resulting from this RFP at any -a time during that Contract to the extent those equipment/products and services are within the scope of this .N RFP. Those requests are subject to review and approval of NJPA. Allowable new equipment/products d and services generally include new updated models of equipment/products and services and or enhanced u- services previously offered which could reflect new technology and improved functionality. d _ 4.32 Proposers representing multiple manufacturers, or carrying multiple related product lines may also request the addition of new manufacturers or product lines to their Contract to the extent they remain 0 within the scope of this RFP. as 4.33 NJPA's due diligence in analyzing any request for change is to determine if approval of the request t is 1) within the scope of the original RFP, and 2) in the "Best Interests of NJPA and NJPA Members." We are looking for consistent pricing and delivery mechanisms and an understanding of what value the Q proposal brings to NJPA and NJPA Members. 17 of 49 - Packet Pg. 188 RFP 060612 4.34 Documenting the "Best Interests of NJPA and NJPA Members" when outdated equipment is being deleted is fairly straight forward since the product is no longer available and not relevant to the procurement Contract. L 4.35 Requests must be in the form of 1) a cover letter to NJPA a) asking to add the product line, b) N making a general statement identifying how the products to be added are within the scope of the original RFP, and c) making a general statement identifying that, if appropriate,the pricing is consistent with the Q existing Contract pricing and 2) the detail as to what is being added at what price will then be an attachment to that cover letter. °' E a 4.36 NJPA's intent here is to encourage Proposers to provide and document NJPA's due diligence in a a. clear and concise one page format on which we can stamp and sign our acknowledgment and acceptance. W This information must ultimately come from Proposers,and NJPA is requiring it in this format. m as J.REQUESTING PRICING CHANGES 4.37 Price Decreases: Requests for standard Contract price decrease adjustments (percentage discount c increases) are encouraged and will be allowed at any time based on market place efficiencies, market w place competitiveness, improved technologies and/or improved methods of delivery or if Vendor engages a in innovative procurement practices such as strategic sourcing, aggregate and volume purchasing. NJPA a expects Vendors to propose their very best prices and anticipates price reductions due to the advancement W of technologies and market place efficiencies. Documenting the "Best Interests of NJPA and NJPA o Members"is pretty easy when we are documenting price reductions. 0 4.38 Price increases: Requests for standard contract price increases (or the inclusion of new generation V products/services/services at higher prices) can be made at any time. These requests will again be r- evaluated by NJPA based on the best interests of NJPA and NJPA Members. As an example, typically acceptable requests for price increases for existing equipment/products and services may cite increases to the Vendor of input costs such as petroleum or other applicable commodities. Typically acceptable requests for price increases for new equipment/products and services enhance or improve on the current a solutions currently offered as well as cite increases in utility of the new compared to the old. Vendors are 4, requested to reasonably document the claims cited in their requests. Your written request for a price increase, therefore, is an exercise in describing what you need, and a justification for why you need it in sufficient detail for NJPA to deem such change to be in the best interests of our self and our Members. 6 U) 4.39 Price Change Request Format: An awarded Proposer will use the format of a cover letter '" requesting price increases in general terms (a 5%increase in product line X) and stating their justification N for that price increase(due to the recent increase in petroleum costs)by product category. Specific details for the requested price change must be attached to the request letter identifying product/services where H appropriate, both current and proposed pricing. Attachments such as letters from suppliers announcing 3 price increases are appropriate for documenting your requests here. 0 K.PRICE AND PRODUCT CHANGES FORMAT a a_ W 4.40 NJPA's due diligence regarding product and price change requests is to consider the reasonableness -a of the request and document consideration on behalf of our members. We would appreciate it if you c would send the following documentation to request a pricing change: M E 0 4.40.1 A cover letter: a. Please address the following subjects in your cover letter: i.What product/service prices are changing? ii.How much are the prices changing? iii.Why are the prices changing? Q iv. Any additions or deletions from the previous product list and the reason for 18 of 49 Packet Pg. 189 RFP 060612 the changes. b. The specifics of the product/services and price changes will be listed in the excel spreadsheets identified below. Please take a more general "Disclosure" approach to identifying changes in the cover letter. L i. If appropriate, for example, state, "All paper equipment/products and services N increased 5 %in price due to transportation costs." ii. If appropriate, for instance, state, "The 6400 series floor polisher added to the Q product list is the new model replacing the 5400 series. The 6400's 3% price increase reflects the rate of inflation over the past year. The 5400 series is now included in the "Hot List" at a 20% discount from previous pricing until a remaining inventory is liquidated." a W 4.40.2 An excel spreadsheet identifying all equipment/products and services being offered and their pricing. Each subsequent pricing update will be saved using the naming convention of "(Vendor Name)pricing effective XX/XX/XXXX." a. Include all equipment/products and services regardless of whether their prices have r- changed. By observing this convention we will: _ i. Reduce confusion by providing a single, easy to find, current pricing sheet for E each Vendor. Q- ii. Create a historical record of pricing. s W _ L. SINGLE STATEMENT OF PRICING/HISTORICAL RECORD OF PRICING C Y V d 4.41 Initially; and with each request for product addition, deletion, and pricing change; all v equipment/products and services and services available, and the prices for those equipment/products and services and services will be stated in an Excel workbook. The request for price changes described above c will serve as the documentation for those requested changes. Each complete pricing list will be identified by its "Effective Date." Each successive price listing identified by its "Effective Date" will create a "Product and Price History"for the Contract. 4.42 Proposers may use the multiple tabs available in an Excel workbook to separately list logical product groupings or to separately list product and service pricing as they see fit. w M 4.43 All equipment/products and services together with their pricing,whether changed within the request 22 or remaining unchanged, will be stated on each "Pricing" sheet created as a result of each request for v°) product,service,or pricing change. M as o� 4.44 Each subsequent "Single Statement of Product and Pricing" will be archived by its effective date therefore creating a product and price history for any Contract resulting from this RFP. R 3 M. PAYMENT TERMS 0 4.45 Payment terms will be defined by the Proposer in the Proposer's Response. Proposers are 'f encouraged to offer payment terms through P Card services. "- cc 4.46 Leasing-If available,identify any leasing programs available to NJPA and NJPA Members as part of c your proposed. Proposers should submit an example of the lease agreement to be used. Proposers should ° E identify: C • General leasing terms such as: o The percentage adjustment over/under an index rate used in calculating the internal rate Z of return for the lease; and z o The index rate being adjusted; and y o The"Purchase Option"at lease maturity($1,or fair market value); and Q o The available term in months of lease(s)available. 19 of 49 Packet Pg. 190 5.N.f RFP 060612 • Leasing company information such as: o The name and address of the leasing company;and V o Any ownership, common ownership, or control between the Proposer and the Leasing R Company m L C d V N. SALES TAX a c 4.47 Sales and other taxes, where applicable, shall not be included in the prices quoted. Vendor will E charge state and local sales and other taxes on items for which a valid tax exemption certification has not a been provided. Each NJPA Member is responsible for providing verification of tax exempt status to a Vendor. When ordering, if applicable, NJPA Members must indicate that they are tax exempt entities. W Except as set forth herein, no party shall be responsible for taxes imposed on another party as a result of or arising from the transactions contemplated by a Contract resulting from this RFP. O. SHIPPING AND SHIPPING PROGRAM .r c 4.48 Shipping program for material only proposals, or sections of proposals, must be defined as a part of the cost of goods. If shipping is charged to NJPA or NJPA Member, only the actual cost of delivery may 2- be added to an invoice. Shipping charges calculated as a percentage of the product price may not be used, w unless such charges are lower than actual delivery charges. No COD orders will be accepted. It is = desired that delivery be made within ninety-days(90)of receipt of the Purchase Order. 2 m 4.49 Any shipping cost charged to NJPA or NJPA Members will be considered to be part of"proposal v pricing." a� S 4.50 Additional costs for expedited deliveries will be at the additional shipping or handling expense to the y, NJPA Member. a 4.51 Selection of a carrier for shipment will be the option of the party paying for said shipping. Use of another carrier will be at the expense of the requester. N M 4.52 Proposers must define their shipping programs for Alaska and Hawaii and any location not served by conventional shipping services. Over-size and over-weight items and shipments may be subject to 0 custom freight programs. y M CD 4.53 Proposals containing restocking fees are less advantageous than those not containing re-stocking N fees. That being said,certain industries cannot avoid restocking fees. Certain industries providing made to v order goods may not allow returns. With regard to returns and restocking fees, Proposers will be R evaluated based on the relative flexibility extended to NJPA and NJPA Members relating to those 3 subjects. Where used,restocking fees in excess of 15%will not be considered excessive. Restocking fees 2 may be waived, at the option of the ProposerNendor. Indicate all shipping and re-stocking fees in price 0 program. U. 1Z 4.54 Proposer agrees shipping errors will be at the expense of the Vendor. For example,if a Vendor ships a product that was not ordered by the member,it is the responsibility of the Vendor to pay for return mail E or shipment at the convenience of the member. o U 4.55 Unless specifically stated otherwise in the "Shipping Program" of a Proposer's Response, all prices c quoted must be F.O.B. destination with the freight prepaid by the Vendor. Time is of the essence on this Contract. If completed deliveries are not made at the time agreed,NJPA or NJPA Member reserves the right to cancel and purchase elsewhere and hold Vendor accountable. If delivery dates cannot be met, r Vendor agrees to advise NJPA or NJPA Member of the earliest possible shipping date for acceptance by Q NJPA or NJPA Member. 20 of 49 Packet Pg. 191 RFP 060612 _ N d L 4.56 Goods and materials must be properly packaged. Damaged goods and materials will not be N accepted,or if the damage is not readily apparent at the item of delivery,the goods shall be returned at no cost to NJPA or NJPA Member. NJPA and NJPA Members reserve the right to inspect the goods at a a reasonable time subsequent to delivery where circumstances or conditions prevent effective inspection of the goods at the time of delivery. °' E a 4.57 Vendor shall deliver Contract conforming products in each shipment and may not substitute products w without approval from NJPA Member. d R 4.58 NJPA reserves the right to declare a breach of Contract if the Vendor intentionally delivers substandard or inferior products which are not under Contract and described in its paper or electronic .a price lists or sourced upon request to any member under this Contract. In the event of the delivery of a non-conforming product, NJPA Member will immediately notify Vendor and Vendor will replace non- _ conforming product with conforming product. E a 4.59 Throughout the term of the Contract,Proposer agrees to pay for return shipment on goods that arrive r in a defective or inoperable condition. Proposer must arrange for the return shipment of damaged goods. r- .2 Y 4.60 Unless contrary to other parts of this solicitation, if the goods or the tender of delivery fail in any d respect to conform to this Contract,the purchasing member may: 1)reject the whole, 2) accept the whole v or 3)accept any commercial unit or units and reject the rest. c P.NORMAL WORKING HOURS m 4.61 Prices quoted are for equipment/products and services delivered during normal business hours. Normal Business hours will be as specifically defined herein, defined through industry standards OR defined through statement contained in the purchase/work order issued pursuant to a Contract resulting N from this RFP. 5. MARKETING PLAN c y 5_1 Internal Marketing Plan: Our sales force is your sales force. If you are awarded a contract based on this solicitation your sales force will be the primary driver of everyone's success. Your sales force needs N to be aware that: d • The use of the NJPA Contract will save their customer (NJPA's Member) the time and effort of bringing a new individual Request For Proposal(RFP); 3 • The use of the NJPA Contract will your sales force the time and effort of responding to individual °- 0 Request For Proposals(RFPs); I f • The use of the NJPA Contract will guaranty that NJPA members have the ability to choose you U. An award of Contract resulting from this RFP is an opportunity for the awarded contractor to pursue c commerce with, and deliver value to NJPA and NJPA Members nationwide. An award of Contract is not an opportunity to see how much business NJPA can drive to an awarded Vendor's door. Your internal E marketing plan should serve to: :r m 5.1.1 Identify the appropriate levels of sales management whom will need to understand the value E of, and the internal procedures necessary to deliver this Contract opportunity to NJPA and NJPA 5 Members through your sales force. a 5.1.2 Identify, in general,your national foot print and dedicated feet-on-the-street sales force that 21 of 49 Packet Pg. 192 5.N.f RFP 060612 will be carrying this Contract message and opportunity in the field to NJPA Members. Outline the sale force in terms of numbers and geographic distribution. .a c ca 5.1.2.1 Identify whether your sales force are employees or independent contractors. d C 5.1.3 Identify your plan for delivering training to these individuals. H N d V 5.1.3.1 Will you have your sales force gathered at national or regional events in the near a future?Does you sales force have the ability to participate in webinar or webcast events? d 5.1.3.2 NJPA is prepared to provide our personnel in your location for sales training E and/or on a webinar or webcast where sufficient efficiencies can be shown in reaching the a1 appropriate groups within your employee base, and sufficient numbers of personnel w trained. M m 5.1.4 Identify your personnel involved in training. c 5.1.4.1 NJPA can provide personnel to deliver training regarding the Contract itself, the authority of NJPA to offer the Contract vehicle to its Members, the value the Contract vehicle delivers to NJPA and NJPA Members, the scope of NJPA Membership, and the Q. tr authority of NJPA Members to utilize our procurement contracts. w 5.1.4.2 Your personnel will be needed to provide training regarding employee o compensation and internal procedures when delivering the Contract opportunity,and how 0 this Contract purchasing opportunity relates with other such opportunities available. c c� 5_2 Success in marketing is dependent upon 1) the delivery of value as defined in section 1.4, 2) the c_ delivery of knowledge of the program and its proper use and utility, and 3) the delivery of opportunity and reward which creates a personal commitment to the program. NJPA desires a marketing plan that: 5.2.1 identifies the value delivered in a competitively proposed national cooperative procurement e�ca contract by relieving both the NJPA Member and the Vendor/Vendor's sales staff of the w responsibility for bringing and answering many similar and individual RFP's;and to 5.2.2 identifies the appropriate Vendor personnel from both management and sales staff who will be trained on the use and utility of such a contract and a general schedule of when and how those co individuals will be trained;and 5.2.3 identifies in general how the reward system for the marketing,delivery,and service chain of the Vendor will be affected by the implementation of the proposed Contract and how that will be y proposed to those individuals in terms of the value created for them and their departments in 5.1.1 3 above. 0 5_3 External Marketing Plan: NJPA is seeking the ability to serve all our current and potential members T a nationwide. The Proposer must demonstrate the ability to both market and service their u- products/services/services nationwide. Please demonstrate your sales and service force contains sufficient people in sufficient proximities, to receive the knowledge, opportunity, and reward in order to make a c personal commitment to serving NJPA and NJPA Members nationwide. ° E 0 0 5_4 The Proposer must exhibit the willingness and ability to develop marketing materials and participate in marketing venues such as: t 5.4.1 Printed Marketing Materials. Proposer will initially produce and thereafter maintain full color print advertisements in camera ready electronic format including company logos, Q identifying the Vendor, the Vendor's general utility for NJPA and NJPA Members, and contact 22 of 49 Packet Pg. 193 5.N.f RFP 060612 information to be used by NJPA and NJPA Members in a full page, half page, and quarter page formats. These advertisements will be used in the NJPA Catalog and publications. _ c R 5.4.2 Press releases and advertisements. Proposer will identify a marketing plan identifying their anticipated press releases, contract announcements, advertisements in industry periodicals, or o other direct or indirect marketing activities. N m 5.4.3 Proposer's Website. Proposer will identify how an Awarded Contract will be displayed on a the Proposer's website. An on-line shopping experience for NJPA and NJPA Members is desired when applicable and will be viewed as a value-added attribute to a Proposer's Response. m E a 5.4.4 Trade Shows. Proposer will outline their proposed involvement in the promotion of a c Contract resulting from this RFP through trade shows. Vendors are encouraged to identify W tradeshows and other appropriate venues for the promotion of any such Contract. Vendors are m strongly encouraged to participate in cooperation.with NJPA at NJPA embraced trade shows. Examples of such could include: v NAEP National Association of Education Procurement c m I-ASBO International Association of School Business Officials a 3 C7 NIGP National Institute of Government Purchasing W _ 0 5_5 Proposer must also work in cooperation with NJPA to develop a marketing strategy and provide d avenues to equally market and drive sales through the Contract and program to all NJPA Members c nationally. Awarded Vendor agrees to actively market in cooperation with NJPA all available v equipment/products and services to current and potential NJPA Members. NJPA reserves the right to c deem a proposer non-responsive or to waive an award based on an unacceptable marketing plan. m 5_6 As a part of this response, submit a complete Marketing Plan on how you would help NJPA rollout this program to current and potential NJPA Members. NJPA requires the Vendor actively promote the a Contract in cooperation with the NJPA. Vendors are advised to consider marketing efforts in the areas of 1)Website Link from Vendors website to NJPA's website, 2)Attendance and participation with a display booth at national trade shows as agreed upon/required by NJPA, and 3) Sales team and sales training programs involving both Vendor sales management and NJPA staff. NJPA requires awarded Vendors to °— offer the NJPA Contract opportunity to all current and qualified NJPA Members. ton r� 5_7 Facilitating NJPA Membership: Proposer should express their commitment to determine the N membership status of their customers whom are eligible for NJPA Membership, AND their commitment to establishing that membership. N M 5.7.1 Membership information: Proposer should further express their commitment to capturing sufficient member information as is deemed necessary by NJPA to appropriately facilitate .o membership and certain marketing activities as agreed to by NJPA and an Awarded contractor. a U_ W 6. PROPOSAL OPENING PROCEDURE -c d 6.1 Sealed and properly identified Proposer's Responses for this RFP entitled "SOLID WASTE AND RECYCLING COLLECTION EQUIPMENT WITH RELATED EQUIPMENT, ACCESSORIES 0 AND SUPPLIES" will be received by Gregg Meierhofer, Manager of Bids and Contracts, at NJPA Offices, 202 12th Street NE, Staples, MN 56479 until the deadline for receipt of, and proposal opening identified on page one of this RFP. The NJPA Director of Contracts and Marketing, or Representative E from the NJPA Proposal Evaluation Committee, will then read the Proposer's names aloud. A summary @ MW of the responses to this RFP will be made available for public inspection in the NJPA office in Staples, Q MN. A letter or e-mail request is required to receive a complete RFP package. Send or communicate all 23 of 49 Packet Pg. 194 5.N.f RFP 060612 requests to the attention of Gregg Meierhofer 202 12th Street Northeast Staples, MN 56479 or RFP @njpacoop.org to receive a complete copy of this RFP. Method of delivery needs to be indicated in V the request; an email address is required for electronic transmission. Oral, facsimile, telephone or R telegraphic Proposal Submissions or requests for this RFP are invalid and will not receive consideration. m All Proposal Responses must be submitted in a sealed package. The outside of the package shall plainly '. identify "SOLID WASTE AND RECYCLING COLLECTION EQUIPMENT WITH RELATED N EQUIPMENT,ACCESSORIES AND SUPPLIES"To avoid premature opening, it is the responsibility of the Proposer to label the Proposal Response properly. Q c 7. EVALUATION OF PROPOSALS a A.PROPOSAL EVALUATION PROCESS w 7_1 NJPA will use a 1,000 Point Evaluation System to help determine the best overall Proposer(s) selection. Bonus points may be available for specific proposal characteristics identified such as "Green Product Certifications." 7_2 NJPA reserves the right to use a"Cost Scoring Evaluation" through a product comparison process of like products/services. This process will establish points for submitted price levels. See Cost Scoring E Evaluation. Q- a 7_3 NJPA shall use a final overall scoring system to include consideration for best price and cost W evaluation. The total possible score is 1,000 points. NJPA reserves the right to assign any number of point awards or penalties it considers warranted if a Proposer stipulates exceptions, exclusions, or limitations of liabilities. o v as 7_4 To qualify for the final evaluation, a Proposer must have been deemed responsive as a result of the .__ criteria set forth under"Proposer Responsiveness." m 7_5 Responses will be evaluated first for responsiveness and thereafter for content. The NJPA Board of Directors will make awards to the selected Proposer(s) based on the recommendations of the Proposal Evaluation Committee. F; N l4 7.6 The procurement activities of the NJPA Proposal Evaluation Committee are limited to document preparation, answering Proposer questions, advertising the solicitation, distribution of this RFP upon c request, conducting an evaluation and making recommendation for possible approval to NJPA Board of cn Directors. cn w o� N B. PROPOSER RESPONSIVENESS `r d 7_7 Proposer's Responses received after the deadline for submission will be invalid and returned to the ; Potential Proposer unopened. ?? 0 N 7_8 An essential part of the proposal evaluation process is an evaluation to qualify the Proposer being a. considered. All proposals must contain answers or responses to the information requested in the proposal UR forms. Any Proposer failing to provide the required documentation may be considered non-responsive. d 7_9 Deviations or exceptions stipulated in Proposer's Response may result in the proposal being classified 0 as non-responsive. v 7.10 To qualify for evaluation, a proposal must have been submitted on time and materially satisfy all mandatory requirements identified in this document. A proposal must reasonably and substantially conform to all the terms and conditions in the solicitation to be considered responsive. a 7.11 The Proposal Evaluation Committee shall utilize the following criteria to evaluate all proposals 24 of 49 Packet Pg. 195 5.N.f RFP 060612 received. Items 1-4 constitute the test for "Level One Responsiveness" and are determined on the proposal opening date. "Level 2" responsiveness is determined through the evaluation of the V 0 remaining items listed below. These items are not arranged in order of importance and each item a may encompass multiple areas of information requested. L O N ff! 1. The proposal response is received prior to the deadline for submission. 2. The proposal package was properly addressed and identified as a sealed proposal with a specific a opening date and time. 3. The proposal response contains the required certificate of liability insurance. d 4. The proposal response contains original signatures on all documents requiring such. a. 5. Response's conformance to terms and conditions as described in the solicitation,including a documentation. W 6. Possesses qualifications as a responding Proposer that meets or exceeds those set within the w solicitation. m 7. Information from references and past performance information including past member a approval. _ 8. Demonstrates that they offer the most current industry standard equipment/products and services and/or services. 9. Demonstrates financial stability and a favorable banking line of credit. a 10. Demonstrates their equipment/products and services and/or services proposed meet and/or a exceed industry standards accepted by educational or governmental institutions. W 11. Has demonstrated market place success and their past performance exhibit an acceptable o reputation. 12. Demonstrates the company possesses the background,knowledge,capacity,and ability to sell, o deliver,and support equipment/products and services offered to Members. v 13. Has provided documentation defining, outlining, and describing their concept of a national c marketing program they will be implementing to facilitate and coordinate the cooperative activities required by an awarded Contract. 14. Has provided all of the required and applicable documentation required i.e. insurance certificates,licenses,and/or registration certificates required to do business nationally. 15. Line-Item Pricing,in approved excel format,listing of all of the proposed equipment/products and services and warranty provisions with their associated units of costs. 16. Core List selection of equipment/products and services in Line-Item Pricing format 17. Hot List Pricing equipment/products and services in a Line-Item Pricing format(where °- applicable). U) 18. Contract Pricing submitted as requested to include core list or products/services,Line-Item Pricing and/or Percentage Discount from published gov/ed price list or Catalog. N C. PROPOSAL EVALUATION CRITERIA N 7.12 If a manufacturer or supplier chooses not to produce or supply goods and services to meet the scope of this RFP,such action will be considered sufficient cause to reduce evaluation points. N CL 7.13 Consideration will be given in the award based on the completion and degree of information provided regarding available products, equipment, and accessories, as well as, applicable parts of the Proposer Information and Questionnaire. _ E 7.14 The fact a manufacturer or supplier chooses not to produce or provide equipment products or 00 services to meet the intent and scope of this RFP will not be considered sufficient cause to adjudge this RFP as restrictive. E 7.15 The Proposer is required to have extensive knowledge and at least three(3)years of experience with the related activities surrounding the selling of the equipment, service or related products offered. < 25 of 49 Packet Pg. 196 RFP 060612 7.16 NJPA reserves the right to accept or reject newly formed companies solely based on information provided in the proposal and/or its own investigation of the company. a 7.17 Consideration will be given in the proposal evaluation based upon the selection, variety, (n technological advances, and demonstrated quality of products submitted, technological advances, and 2- pricing. The ability of the Proposer to communicate the value of these factors and to demonstrate how the depth and breadth of their product and service offerings provide NJPA and NJPA Members with a sole source of responsibility within the scope of this RFP will be positively reviewed. Q 7.18 Consideration will also be given to proposals demonstrating technological advances, provide increased efficiencies, expanded service and other related improvements beyond today's NJPA member's a needs and applicable standards. a w 7.19 Strong consideration will be given to a Proposer's past performance, distribution model, and the m demonstration their ability to effectively market and service NJPA Membership nationally. 7.20 Strong consideration will be given to the best price as it relates to the quality of the product and r- service. However,price is ultimately one of the factors taken into consideration in evaluation and award. _ m 7.21 Evaluation of a Proposer's Responses will take into consideration as a minimum response but not a necessarily limited to the following: Cr W 1. Adherence to all requirements of this RFP as defined by industry standards. c 2. Prior knowledge of and experience with a Proposer in terms of past performance and market place success. o 3. Capability of meeting or exceeding current and future needs or requirements of NJPA and v NJPA Members. _ 4. Evaluation of Proposer's ability to market to and provide service to all NJPA Members nationally. 5. Financial condition of the Proposer. 6. Nature and extent of company data furnished in Proposer's Response. 7. Quality of products,equipment,and services offered including value added related services. 8. History of member service to NJPA type customers. 9. Overall ability to perform sales, solutions and contract support as submitted. 10. Ability to meet service and warranty needs. 11. History of meeting shipping and delivery expectations of contracted products/services. U) 12. Technology advancements and related provisions. CD 13. Ability to market and promote the Contract within current business practices. 14. Willingness to develop and enter into NJPA Contract and business relations. 15. Favorable bond rating and applicable industry standard licensing ability. N 16. Past market place successes and brand recognition. 3 17. Demonstrated warranty and product/service responsibility. 0 7.22 The Proposer's ability to follow the proposal preparation instructions set forth in this solicitation a will also be considered to be an indicator of the Proposer's ability to follow other future instructions should they receive an award as a result of this solicitation. Any Contract between NJPA and a Proposer .6 requires the delivery of information and data. The quality of organization and writing reflected in the c proposal will be considered an indication of the quality of organization and writing which would be prevalent if a Contract was awarded. As a result, the proposal will be evaluated as a sample of data o submission. 4i 7.23 Proposer's Dunn and Bradstreet reports- The Proposer's Dunn and Bradstreet report are requested = and reviewed to get a general feel for the size, strength,and probable scope of the Proposer. a 7.24 NJPA reserves the right to reject the Proposer's Response of the apparent successful Proposer where 26 of 49 Packet Pg. 197 5.N.f RFP 06061.2 the available evidence or information does not exhibit the ability or intent to satisfy NJPA that the potential Vendor is unable to properly carry out the terms of this RFP and potential Contract. c M 7.25 NJPA shall reserve the right to reject any or all proposals. NJPA also reserves the right to reject a m proposal not accompanied by required certificate of insurance, other data required by this RFP, or if a .o Proposer's Response is incomplete or irregular. The NJPA shall reject all proposals where there has been y collusion among the Proposers. Q 7.26 Overall Evaluation (FORM G)-The NJPA Proposal Evaluation Committee will evaluate proposal received based on a 1,000 point evaluation system. The Committee will establish both the evaluation criteria and designate the relative importance of those criteria by assigning possible scores for each a category. a W V 7.27 Bonus Evaluation Points- Bonus evaluation points may be awarded by the NJPA Proposal R Evaluation Committee based on criteria identified as being both"optional" and"having additional value' �, o: v C M c D. COST SCORING EVALUATION E a 7.28 NJPA reserves the right to use this process in the event the Proposal Evaluation Committee feels it w is necessary to make a final determination. c 0 :r 7.29 This process will be based on a point system with points being awarded for being low to high Proposer for each cost evaluation item selected. A "Market Basket" of identical (or substantially similar) equipment/products and services may be selected by the NJPA Proposal Evaluation Committee and the unit cost will be used as a basis for determining the point value. The"Market Basket:"will be selected by c NJPA from all product categories as determined appropriate by NJPA. The low priced Proposer will :6, receive the full point value and all other Proposers will receive points as follows: Lowest price Proposal= 5 (where there are five proposers), and inferior proposals = 4, 3, 2, 1 points each. The Total Score for .a each proposer will be the sum of all points earned. The result of this process shall not be the sole M determination for award. M E. PRODUCT TESTING .Q 7.30 NJPA reserves the right to request and test equipment/products and services and/or services from the a°i apparent successful Proposer. Prior to the award of the Contract, the apparent successful Proposer, if M requested by NJPA, shall furnish current information and data regarding the Proposer's resources, N personnel,and organization within three(3)days. m U) ca F.PAST PERFORMANCE INFORMATION 3 .c 0 7.31 Past performance information is relevant information regarding a Proposer's actions under a previously awarded contracts to schools, local, state, and governmental agencies and non-profit agencies. U. It includes the Proposer's record of conforming to specifications and standards of good workmanship. .a The Proposer's history for reasonable and cooperative behavior and commitment to member satisfaction c shall be under evaluation. Ultimately, Past Performance Information can be defined as the Proposer's E businesslike concern for the interests of the NJPA Member. o a.: G. WAIVER OF FORMALITIES E 7.32 NJPA reserves the right to waive any minor formalities or irregularities in any proposal and to accept r proposals,which,in its discretion and according to the law,may be in the best interest of its members. Q 8. POST AWARD OPERATING ISSUES 27 of 49 Packet Pg. 198 S.N.f RFP 060612 A. SUBSEQUENT AGREEMENTS c 8_1 Purchase Order- Purchase Orders for goods and services may be executed between NJPA or NJPA � Members (Purchaser) and awarded Vendor(s) or Vendor's sub-contractors pursuant to this invitation and .o any resulting Contract.NJPA Members are instructed to identify on the face of such Purchase orders that N "This purchase order is issued pursuant to NJPA procurement contract#XXXXXX." A Purchase Order is an offer to purchase goods and services at specified prices by NJPA or NJPA Members pursuant to a a Contract resulting from this RFP. Purchase Order flow and procedure will be developed jointly between NJPA and an Awarded Vendor after an award is made. E o. 8_2 Governing Law- Purchase Orders, as identified above, shall be construed in accordance with, and a governed by,the laws of a competent jurisdiction with respect to the purchaser. Each and every provision W of law and clause required by law to be included in the Purchase Order shall be read and enforced as d though it were included. If through mistake or otherwise any such provision is not included, or is not currently included, then upon application of either part the Contract shall be physically amended to make such inclusion or correction. The venue for any litigation arising out of disputes related to Purchase r_ Order(s) shall be a court of competent jurisdiction to the Purchaser. d 8.3 Additional Terms and Conditions- Additional terms and conditions to a Purchase Order may be Q. proposed by NJPA,NJPA Members, or Vendors. Acceptance of these additional terms and conditions is a. OPTIONAL to all parties to the Purchase Order. The purpose of these additional terms and conditions is W to, among other things; formerly introduce job or industry specific requirements of law such as prevailing o wage legislation. Additional terms and conditions can include specific local policy requirements and standard business practices of the issuing Member. Said additional terms and conditions shall not interfere c with the general purpose and intent of this RFP. v as S 8_4 Asset Management Contracts: Asset Management type contracts can be initiated pursuant to a .. Contract resulting from this RFP at any time during the term of said Contract. The establishment of such d Asset Management Contracts cannot exceed the authorized term of a Contract resulting from this RFP; however the Asset Management Contract term may extend beyond the maturity date of a Contract r- resulting from this RFP. a; H t!f 8_5 Specialized Service Requirements- In the event service requirements or specialized performance requirements such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements not addressed in the Contract resulting from this RFP,NJPA Member and U) Vendor may enter into a separate, standalone agreement, apart from a Contract resulting from this RFP. Any proposed service requirements or specialized performance requirements require pre-approval by N Vendor. Any separate agreement developed to address these specialized service or performance -- requirements is exclusively between the NJPA Member and Vendor. NJPA, its agents, Members and y employees shall not be made party to any claim for breach of such agreement. Product sourcing is not considered a service. NJPA Members will need to conduct procurements for any specialized services not -a identified in this Contract. o a 8_6 Performance Bond- At the request of the member, a Vendor will provide all performance bonds u- typically and customarily required in their industry. These bonds will be issued pursuant to the .a requirements of Purchase Orders for goods and services. If a purchase order is cancelled for lack of a = required performance bond, it shall be the recommendation of NJPA that pending Purchase Orders with E all NJPA Members be considered for cancellation. Each member has the final decision on Purchase 5 Order continuation. ANY PERFORMANCE BONDING REQUIRED BY THE MEMBER OR ; CUSTOMER STATE LAWS OR LOCAL POLICY IS TO BE MUTUALLY AGREED UPON AND m SECURED BETWEEN THE VENDOR AND THE CUSTOMER/MEMBER. E t B.NJPA MEMBER SIGN-UP PROCEDLJRE a 28 of 49 Packet Pg. 199 RFP 060612 8_7 Awarded Vendors will be responsible for familiarizing their sales and service forces with the various forms of NJPA Membership documentation and shall encourage and assist potential Members in establishing Membership R N d L O N N C. REPORTING OF SALE ACTIVITY a 8_8 A report of the total gross dollar volume of all equipment/products and services purchased by NJPA Members as it applies to this RFP and Contract will be provided quarterly to NJPA. The form and content of this reporting will be developed by NJPA in cooperation with the Vendor to include, but not a limited to, name and address of purchasing agency, amount of purchase, and a description of the items c purchased. W d 8.8.1 Zero sales reports: Awarded Contractors are responsible for providing a quarterly sales report EVERY QUARTER regardless of the existence or amount of sales. v c M D.AUDITS _ as 8_9 During the Term, Vendor will, upon not less than fourteen (14) business days' prior written request, E make available to NJPA no more than once per calendar year, at Vendor's corporate offices, during n normal business hours, the invoice reports and/or invoice documents from Vendor pertaining to all W invoices sent by Vendor and payments made by NJPA members for all equipment/products and services c purchased under this Contract. NJPA may employ an independent auditor or NJPA may choose to d conduct such audit on its own behalf. Vendor shall have the right to approve the independent auditor, c which approval shall not be unreasonably withheld. Upon approval and after the auditor has executed an 0 appropriate confidentiality agreement, Vendor will permit the auditor to review the relevant Vendor documents. NJPA shall be responsible for paying the auditor's fees. The parties will make every 5 reasonable effort to fairly and equitably resolve discrepancies to the satisfaction of both parties. Vendor agrees that the NJPA may audit their records with a reasonable notice to establish total compliance and to verify prices charged hereunder of the Contract are being met. Vendor agrees to provide verifiable c documentation and tracking in a timely manner. M E.HUB PARTNER 0 8.10 Hub Partner: Where Applicable, NJPA Members may, from time to time, request to be served in M some way through a "Hub Partner" for the purposes of complying with a Law, Regulation, or Rule to which that individual NJPA Member deems to be applicable in their jurisdiction. Hub Partners may bring value to the proposed transactions through consultancy, Disadvantaged Business Entity Credits, or other considerations. 3 -a 8.11 Hub Partner Fees: Fees, costs, or expenses from this Hub Partner levied upon a transaction o resulting from this contract, shall be payable by the NJPA Member provide that: a U_ 8.11.1 The fees, costs, or expenses levied by the Hub Vendor must be clearly itemized in the transaction. and 8.11.2 To the extent that the he Vendor stands in the chain of title during a transaction resulting from this RFP, the documentation shall be documented to show it is"Executed for the Benefit of o [NJPA Member Name]". m F.TRADE-INS E U t4 8.12 Where Appropriate, the value in US Dollars, of Trade-ins will be negotiated between NJPA or an B NJPA Member, and an Awarded Vendor. That identified"Trade-In"value shall be credited in full against 29 of 49 Packet Pg. 200 t 5.N.f RFP 060612 the NJPA purchase price identified in a purchase order issued pursuant to any Awarded NJPA procurement contract.The full value of the trade-in will be consideration to that purchase order. V C G. OUT OF STOCK NOTIFICATION 8.13 Vendor shall immediately notify NJPA members upon receipt of order(s) when an out-of -stock N occurs. Vendor shall inform the NJPA member regarding the anticipated date of availability for the out- of-stock item(s),and may suggest equivalent substitute(s). a • The ordering organization shall have the option of accepting the suggested equivalent substitute,or canceling the item from the order. m • Under no circumstance is Proposer permitted to make unauthorized substitutions. Q. • Unfilled or substituted item(s)shall be indicated on the packing list. a W H.TERMINATION OF CONTRACT RESULTING FROM THIS RFP m m 8.14 NJPA reserves the right to cancel the whole or any part of a resulting Contract due to failure by the Vendor to carry out any obligation, term or condition as described in the below procedure. Prior to any termination for cause, the NJPA will provide written notice to the Vendor, opportunity to respond and opportunity to cure according to the steps in the procedure in this Cancellation Section. Some examples of material breach are the following: M • The Vendor provides material that does not meet reasonable quality standards and is not W c remedied under the warranty; C w • The Vendor fails to ship the products or provide the services within a reasonable amount of d time; o • NJPA has reason to believe the Vendor will not or cannot perform to the requirements of the v a� Contract and issues a request for assurance as described herein and Vendor fails to respond; 5 • The Vendor fails to observe any of the material terms and conditions of the Contract;and/or, :0.1 • The Vendor fails to follow the established procedure for purchase orders,invoices and/or receipt of funds as established by the NJPA and the Vendor in the Contract. -a • The Vendor fails to report quarterly sales volume; M • The Vendor fails to actively market this Contract within the guidelines provided in this RFP and w the expectations of NJPA. M 8.15 Each party shall follow the below procedure if the Contract is to be terminated for violations or o non-performance issues: y M Q1 Step 1: Issue a warning letter outlining the violations and/or non-performance and state the length of N time(10 days)to provide a response and correct the problem(s)if reasonably possible in such time frame. Step 2: Issue a letter of intent to cancel Contract,if the problem(s)is not resolved within fifty(50) 3 days. Step 3: Issue letter to cancel Contract for cause. H CL 8.16 Upon receipt of the written notice of concern, the Vendor shall have ten (10) business days to C5 provide a satisfactory response to the NJPA. Failure on the part of the Vendor to reasonably address all issues of concern may result in Contract cancellation pursuant to this Section. _ E 8.17 Any termination shall have no effect on purchases that are in progress at the time the cancellation is 0 received by the NJPA. The NJPA reserves the right to cancel the Contract immediately for convenience, without penalty or recourse,in the event the Vendor is not responsive concerning the remedy,the m E performance,or the violation issue within the time frame,completely or in part. � ca 8.18 NJPA reserves the right to cancel or suspend the use of any Contract resulting from this RFP if the Q Vendor files for bankruptcy protection or is acquired by an independent third party. Prior to commencing 30 of 49 Packet Pg. 201 5.N.f RFP 060612 services under this Contract, the ProposerNendor must furnish NJPA certification from insurer(s) proving level of coverage usual and customary to the specific industry. The coverage is to be maintained in full effect during the Contract period. Vendor must be willing to provide,upon request, certification of a insurance to any NJPA member or member using this Contract. to L 8.19 Either party may execute Contract termination without cause with a required 60-day written notice of w termination. Termination of Contract shall not relieve either party of financial, product or service obligations incurred or accrued prior to termination. Q 8.20 NJPA may cancel any Contract resulting from this solicitation without any further obligation if any NJPA employee significantly involved in initiating, negotiating, securing, drafting or creating the a Contract on behalf of the NJPA is found to be in collusion with any Proposer to this RFP for their a personal gain. Such cancellation shall be effective upon written notice from the NJPA or a later date if so W designated in the notice given. A terminated Contract shall not relieve either party of financial, product d or service obligations due to participating member or NJPA. y 8.21 Events of Automatic termination to include: c c • Vendor's or NJPA's voluntary or involuntary bankruptcy or insolvency; • Vendor's failure to remedy a material breach of a Contract resulting from this RFP within a sixty(60)days of receipt of notice from NJPA specifying in reasonable detail the nature of a such breach; and/or, W • Receipt of written information from any authorized agency finding activities of Vendors engaged in pursuant to a Contract resulting from this RFP to be in violation of the law. 0 9. GENERAL TERMS AND CONDITIONS v a� c A. ADVERTISEMENT OF RFP d 9_1 As a policy,NJPA shall advertise this solicitation 1)for two consecutive weeks in both the print and on-line editions of the MINNEAPOLIS STAR TRIBUNE,2)it shall be placed on a national wire service by the MINNEAPOLIS STAR TRIBUNE,3)it shall be posted on NJPA's website,4)it shall be posted to a; the website of "Noticetobidders.com,"and 5)it shall be posted to other third-party websites deemed kappropriate by NJPA. Other third party advertisers may include Onvia and Bidsync, o B.ADVERTISING OF A CONTRACT RESULTING FROM THIS RFP ch o� o� N 9_2 ProposerNendor shall not advertise or publish information concerning this Contract prior to the r award being announced by the NJPA. Once the award is made, a Vendor is expected to advertise the N awarded Contract to both current and potential NJPA Members. `° 3 C.APPLICABLE LAW 0 i � k 9_3 NJPA N Com ance with Minnesota Procurement Law: Contracts awarded through NJPA are a Compliance g u- intended to meet the procurement laws of all states and NJPA will exhaust all avenues to comply with as m many state laws as possible. It is the responsibility of each participating NJPA member to insure to their S satisfaction that these laws are satisfied. An individual NJPA member using these contracts is deemed by E their own accord to be in compliance with proposal regulations. NJPA encourages the awarded Vendor to 00 assist NJPA and the NJPA member in this research to the benefit of all involved. m 9_4 Governing Law with respect to delivery and acceptance: All applicable portions of the Minnesota z Uniform Commercial Code, all other applicable Minnesota laws, and the applicable laws and rules of delivery and inspection of the Federal Acquisition Regulations (FAR) laws shall govern contracts Q resulting from this solicitation. 31 of 49 Packet Pg. 202 RFP 060612 9_5 Jurisdiction: Any claims pertaining to this RFP and any resulting Contract that develop between NJPA and any other party must be brought forth only in courts in Todd County in the State of Minnesota. 9.5.1 Purchase Orders issued pursuant to a contract resulting from this solicitation shall be c construed in accordance with,and governed by,the laws of a competent jurisdiction with respect N to the purchaser. a 9_6 Vendor Compliance with applicable law: Vendor(s) shall comply with all federal, state, or local c laws applicable to or pertaining to the acquisition, manufacturer, or sale of the equipment/products and E services resulting from this RFP. a .3 tr 9_7 All applicable laws, whether or not herein contained, shall be included by this reference. It shall be W Proposer's/Vendor's responsibility to determine the applicability and requirements of any such laws and V endor's abide by them. m 9_8 Indemnity: Each party agrees it will be responsible for its own acts and the result thereof to the extent r- authorized by law and shall not be responsible for the acts of the other party and the results . thereof. NJPA's liability shall be governed by the provisions of the Minnesota Tort Claims Act, E Minnesota Statutes, Section§3.736,and other applicable law. Q. a 9_9 Prevailing Wage: It shall be the responsibility of the Vendor to comply, when applicable, with W prevailing wage legislation in effect in the jurisdiction of the purchaser(NJPA or NJPA Member). It shall o be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this Contract and adjust wage rates c accordingly. v as 9.10 Patent and Copyright infringement: If an article sold and delivered to NJPA or NJPA Members hereunder shall be protected by any applicable patent or copyright, the Vendor agrees to indemnify and d save harmless NJPA and NJPA Members against any and all suits,claims,judgments, and costs instituted or recovered against it by any person whosoever on account of the use or sale of such articles by NJPA or NJPA Members in violation or right under such patent or copyright. , N cc D.ASSIGNMENT OF CONTRACT a 9.11 No right or interest in this Contract shall be assigned or transferred by the Proposer/Vendor without v°) prior written permission by the NJPA. No delegation of any duty of the Proposer/Vendor shall be made without prior written permission of the NJPA. The NJPA shall notify the members within fifteen (15) days of receipt of written notice by the Vender. After issuance the awarded Contract may be reassigned to a comparable Vendor at the discretion of NJPA. cc 9.12 If the original Vendor sells or transfers all assets or the entire portion of the assets used to perform this Contract,a successor in interest must guarantee to perform all obligations under this Contract. NJPA .o reserves the right to reject the acquiring person or entity as a Vendor. A simple change of name a agreement will not change the contractual obligations of the Vendor. UL E. PROPOSERS LIST = 9.13 NJPA will not maintain or communicate to a proposers list. All interested proposers must respond to 5 the solicitation as a result of one of the methods of proposal advertisements listed above. Because of the r scope of the potential Members and national Vendors,NJPA has determined this to be the best method of fairly soliciting proposals. E F. CAPTIONS,HEADINGS,AND ILLUSTRATIONS a 32 of 49 Packet Pg. 203 RFP 060612 9.14 The captions, illustrations, headings, and subheadings in this solicitation are for convenience and ease of understanding and in no way define or limit the scope or intent of this request. a c G. CONFIDENTIAL INFORMATION c 9.15 If a Proposer wishes to withhold any part of its proposal from public inspection, then a statement y advising the NJPA of this fact shall accompany the submission. NJPA shall review the statement to o determine whether the information shall be withheld. If NJPA determines to disclose the information,the Executive Director of NJPA shall inform the Proposer, in writing,of such determination prior to award of Q Contract to Proposer. a H.DATA PRIVACY a w 9.16 Proposer agrees to abide by all applicable STATE and FEDERAL laws and regulations including d HIPPA concerning the handling and disclosure of private and confidential information regarding m individuals. Proposer agrees to hold NJPA harmless from its unlawful disclosure and/or use of private/confidential information. c 1. ENTIRE AGREEMENT a 9.17 The Contract, as defined herein, shall constitute the entire understanding between the parties to that a Contract. w c 0 9.16 A Contract resulting from this RFP is formed when the NJPA Board of Directors approves and signs the applicable Acceptance and Award Form document(see Form D). c v J.FORCE MAJEURE c 9.18 Except for payments of sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented due to .c force majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence including, but not limited to, the following: acts of tea; God, acts of the public enemy,war, riots, strikes, mobilization, labor disputes, civil disorders, fire, flood, % snow, earthquakes, tornadoes or violent wind, tsunamis, wind shears, squalls, Chinooks, blizzards, hail storms, volcanic eruptions, meteor strikes, famine, sink holes, avalanches, lockouts, injunctions- °— intervention-acts, terrorist events or failures or refusals to act by government authority and/or other c°n similar occurrences where such party is unable to prevent by exercising reasonable diligence. The force M., majeure shall be deemed to commence when the parry declaring force majeure notifies the other party of N the existence of the force majeure and shall be deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with a Contract resulting from N this RFP. Force majeure shall not include late deliveries of equipment/products and services caused by 3 congestion at a manufacturer's plant or elsewhere, an oversold condition of the market, inefficiencies, or a other similar occurrences. If either party is delayed at any time by force majeure, then the delayed party .N shall notify the other party of such delay within forty-eight(48)hours. Q, LL W K. GRATUITIES d c 9.19 NJPA may cancel this Contract by written notice if it is found that gratuities, in the form of E entertainment, gifts or otherwise, were offered or given by the Proposer/Vendor or any agent or 0 representative of the Proposer/Vendor, to any employee of the NJPA are deemed to be excessive with a view toward securing a contract or with respect to the performance of this Contract. E t L.HAZARDOUS SUBSTANCES Q 9.20 Proper Material Safety Data Sheets (MSDS), in compliance with OSHA's Hazard Communication 33 of 49 Packet Pg. 204 RFP 060612 Standard,must be provided by the Vendor to NJPA or NJPA Member at the time of purchase. M. LEGAL REMEDIES � N d 9.21 All claims and controversies between NJPA and Vendor shall be subject to the laws of the State of .o Minnesota and are to be resolved in Todd County,Minnesota,the county in which NJPA is domiciled. y m N. LICENSES Q c 9.22 Proposer/Vendor shall maintain a current status on all required federal, state, and local licenses, E bonds and permits required for the operation of the business conducted by the Proposer/Vendor. a a 9.23 All responding Proposers must be licensed (where required) and have the authority to sell and W distribute offered equipment/products and services to NJPA and NJPA Members in all states. Documentation of said licenses and authorities,if applicable,is requested. m O. MATERIAL SUPPLIERS AND SUB-CONTRACTORS c ca l c 9.24 The apparent successful Vendor shall be required to supply the names and addresses of sourcing suppliers and sub-contractors when requested. a 9.25 Awarded Vendors under this RFP will be the sole source of responsibility for transactions W c originating that award. The Awarded Vendor is solely responsible for equipment/products and services c and services provided by third party sourcing or service providers. d 0 P.NON-WAIVER OF RIGHTS v tM c 9.26 No failure of either party to exercise any power given to it hereunder, nor to insistence upon strict >% compliance by the other party with its obligations hereunder, and no custom or practice of the parties at variance with the terms hereof,nor any payment under a Contract resulting from this RFP shall constitute .c a waiver of either party's right to demand exact compliance with the terms hereof. Failure by NJPA to take action or assert any right hereunder shall not be deemed as waiver of such right. ! N M Q.PROTESTS OF AWARDS MADE a 9.27 Protests shall be filed with the NJPA's Executive Director and shall be resolved in accordance with r° appropriate state statutes of Minnesota. Protests will only be accepted from Proposers. A protest must be in writing and filed with NJPA. A protest of an award or proposed award must be filed within ten (10) days after the public notice or announcement of the award. No protest shall lie for a claim that the selected Proposer is not a responsible Proposer. A protest must include: N cu 1. The name,address and telephone number of the protester; 3 2. The original signature of the protester or its representative(you must document the authority o of the Representitive); If 3. Identification of the solicitation by RFP number; U_ 4. Identification of the statute or procedure that is alleged to have been violated; 6 5. A precise statement of the relevant facts; 6. Identification of the issues to be resolved; 7. The aggrieved party's argument and supporting documentation; o 8. The aggrieved party's statement of potential financial damages; �", 9. A protest bond in the name of NJPA and in the amount of 10%of the aggrieved party's statement of potential financial damages. E R. PROVISIONS REQUIRED BY LAW a 34 of 49 Packet Pg. 205 RFP 060612 9.28 ProposerNendor agrees in the performance of a Contract resulting from this RFP, it has complied with or will comply with all applicable statutes,laws,regulations,and orders of the United States and any State thereof. c ca N d S.PUBLIC RECORD L 0 N N 9.29 All proposals submitted to this invitation shall become the property of the NJPA and will become a matter of public record and available for review subsequent to the award notification. Proposals may be a viewed by appointment at the NJPA offices Monday through Friday from 8:30 a.m.to 3:30 p.m. i as T.RIGHT TO ASSURANCE ? a 9.30 Whenever one party to this Contract has reason to question the other party's intent to perform,he/she may demand a written assurance of this intent. In the event a demand is made and no written assurance is given, the demanding party may treat this failure as an anticipatory repudiation of the Contract provided, however, in order to be effective, any such demand shall be addressed to the authorized signer for the party from whom the assurance is being sought, and sent via U.S. Postal Service, certified mail, return cc receipt requested or national overnight delivery service with proof of delivery. _ d U. SUSPENSION OR DISBARMENT STATUS a .5 9.31 If within the past five (5) years, any firm, business, person or Proposer submitting a proposal has w been lawfully precluded from participating in any public procurement activity with a federal, state or local c government,the Proposer must include a letter with its response setting forth the name and address of the m public procurement unit,the effective date of the suspension or debarment,the duration of the suspension ? or debarment and the relevant circumstances relating to the suspension or debarment. Any failure to t> supply such a letter or to disclose pertinent information may result in the cancellation of any Contract. By signing the proposal affidavit,the Proposer certifies that no current suspension or debarment exists. m V. HUMAN.RIGHTS CERTIFICATE � -a _ 9.32 If Proposer is not domiciled in Minnesota and has NOT on any single working day in the past year, employed more than 40 employees in the State of Minnesota, Proposer must provide a statement to that U) effect. 9.33 If Proposer is not domiciled in Minnesota and has on any single working day in the past year, �0 employed more than 40 employees in the State of Minnesota, Proposer must document their application for a Human Rights Certificate issued by the Minnesota Commissioner of Human Rights. Proposer must also document receipt by the Minnesota Commissioner of Human Rights of that application and the Proposer's affirmative action plan for the employment of minority persons, women, and qualified Q; disabled individuals. 3 -o 9.34 If Proposer is domiciled in Minnesota and has on any single working day in the past year, employed 'o more than 40 employees in the State of Minnesota, Proposer must provide a copy of their"Certificate of IP Compliance"from the Commissioner of the Minnesota Department of Human Rights. UM W. SEVERABILITY m :c 9.35 In the event that any of the terms of a Contract resulting from this RFP are in conflict with any rule, 0 law, statutory provision or are otherwise unenforceable under the laws or regulations of any government or subdivision thereof, such terms shall be deemed stricken from a Contract resulting from this RFP,but such invalidity or unenforceability shall not invalidate any of the other terms of a Contract resulting from t this RFP. a 35 of 49 --- Packet Pg. 206 i RFP 060612 X. RELATIONSHIP OF PARTIES �a 9.36 No Contract resulting from this RFP shall be considered a contract of employment. The relationship d between NJPA and an Awarded Contractor is one of independent contractors each free to exercise N judgment and discretion with regard to the conduct of their respective businesses. The parties do not 0 intend the proposed Contract to create, or is to be construed as creating a partnership,joint venture, 00 master-servant,principal—agent, or any other relationship. Except as provided elsewhere in this RFP, Q neither party may be held liable for acts of omission or commission of the other party and neither party is authorized or has the power to obligate the other party by contract, agreement, warranty, E representation or otherwise in any manner whatsoever except as may be expressly provided herein. s W d Y I.f. E _ Y _ F E Q W _ O r V d O V _ .71 V d _ Y N f0 O N M rn N a+ N f4 3 — 0 a k LL r 6 E O V i d E V w Q 36 of 49 . Packet -207 f RFP 060612 1.0. FORMS PROPOSER QUESTIONNAIRE Form A N as •L 0 Proposer Name: Questionnaire completed by: Q w Please provide an answer to all questions below and address all requests made in this RFP. Please use the Microsoft Word/Excel document version of this questionnaire to respond to the questions contained herein. Please provide your .2- answer to each question indented below the question. Please supply any applicable supporting information and w documentation you feel appropriate in addition to answers entered to the Word document. All information must be typed, organized,and easily understood by evaluators. d V Company Information = �v 1) Why did you respond to this RFP? E 2) Provide the full legal name,address,tax identifications number,and telephone number for your business. Q- 3) Provide a full Dunn and Bradstreet report for your organization with a date not more than six months old. w 4) Does your company name match the name identified on the Dunn and Bradstreet report?If no,why not? _ 5) Provide a brief history of your company that includes your core values and philosophy. r° 6) Provide profiles and an organizational chart for key sales and marketing executives of your company that will oversee m the implementation and operation of a Contract resulting from this RFP. 0 7) How long has your company been in the "SOLID WASTE AND RECYCLING COLLECTION EQUIPMENT WITH RELATED EQUIPMENT,ACCESSORIES AND SUPPLIES",industry? 8) Is your organization best described as a manufacturer or a distributor/dealer/re-seller for a manufacturer of the products and services being proposed? m a) If the Proposer is best described as a re-seller, manufacturer aggregate, or distributor, please provide evidence of your authorization as a dealer/re-seller/manufacturer aggregate for the manufacturer of the products you are 'M proposing. a,.' b) If the Proposer is best described as a manufacturer,please describe your relationship with your sales/service force M and/or Dealer Network in delivering the products and services proposed. Are these people your employees, or the .a employees of a third party? o 9) Please provide a Dunn and Bradstreet(not more than six months old),your bond rating, and/or a credit reference from y your bank. 10) Provide a discussion of licenses and certifications both required to be held, and actually held by your organization in N pursuit of the commerce contemplated by this RFP. 11) Provide a discussion of licenses and certifications both required to be held,and actually held by third parties and sub- N contractors to your organization in pursuit of the commerce contemplated by this RFP. If not applicable, please ; respond with"Not Applicable." -d 12) Provide all"Suspension or Disbarment"information required herein. 0 u� a Industry-Marketplace Successes W U. d 13) List and document recent industry awards and recognition. E 14) Supply three references/testimonials from customers similar to NJPA Members. Please include the customer's name, E contact,and phone number. �0, 15) Provide names and addresses of the top five(5)governmental or education customers and dollar volumes(including c chassis if applicable)from the past three(3) fiscal years. 16) Provide documentation indicating the total dollar volume for each of your sales to government,education,and non- .c v profit agencies for the last three(3)fiscal years. ca i 17) What percentages of your current(within the past three(3)fiscal years)sales are to the government and/or education Q sectors? 37 of 49 5.N.f RFP 060612 Proposer's ability to sell and service nationwide. 18) Please describe your factory sales force in terms of numbers, geographic dispersion, and the proportion of their attention focused on the sale and services of the equipment/products contemplated in this RFP? 19) Please describe your dealer sales force in terms of numbers, geographic dispersion, and the proportion of their •o attention focused on the sale and services of your equipment/products contemplated in this RFP? N 20) Please describe your factory service force in terms of numbers, geographic dispersion, and the proportion of their attention focused on the sale of the equipment/products and services contemplated in this RFP? Q 21) Please describe your dealer service force in terms of numbers geographic dispersion, and the proportion of their attention focused on the sale of the equipment/products and services contemplated in this RFP? Additionally,please E describe their road service and do they offer the ability to service customers at the customer's location? a 22) Describe in detail your customer service program regarding process and procedure. Please include, where appropriate,response time commitments. w 23) Identify any geographic areas or NJPA market segments of the United States you will NOT be serving through the proposed contract. m 24) Identify any of NJPA Member segments you will NOT be serving?(Government,Education,Non-profit) ca Marketing Plan m 25) Describe your training program for both greet-the-public and sales management levels relating to a NJPA award. Q. 26) Describe your general marketing program strategy to promote the proposed Contract nationally. w 27) Describe your marketing material,and overall marketing ability,relating to promoting this type of partnership and contract opportunity.As much as possible,please send marketing materials in electronic format only to save paper. o 28) Describe your use of technology and the internet to provide marketing and product awareness. 29) Describe your perception of NJPA's role in marketing the partnership and your products/services. c 30) Describe the unique quality of the equipment/products and services in your proposal in relationship to others available v as E in the market. 31) Describe your organizations Senior Management level commitment with regards to promoting, supporting and managing a resultant NJPA awarded contract Value Added Attributes = m 32) Describe any training programs available as options for members. If applicable, do you offer operator training as well as mechanic training? Yes No Is this training standard or optional? 33) Describe current technological advances your proposed equipment/products and services offer. 34) Describe your"Green"program as it relates to your company,your products,and your recycling program,including a (n list of all green products accompanied by the certifying agency for each(if applicable). M 35) Describe any Women or Minority Business Entity (WMBE) or Small Business Entity (SBE) accreditations of your N organization directly involved in a Contract resulting from this RFP. -- 36) Identify any other unique or custom value added attributes. y 37) Identify any service contract options included in the proposed price, or offered as a proposed option, for the products 3 or services being offered. 38) Identify your ability and willingness to service Canada specifically and internationally in general. y 39) Describe any unique distribution method employed in your proposal. d LL o: Payment Terms and Financing Options -$ d 40) Identify your payment terms if applicable. (Net 30,etc.) .0 41) Identify any applicable leasing or other financing options as defined herein. n 42) Briefly describe your proposed order process for this proposal and contract award. (Note: order process may be modified or refined during an NJPA member's final Contract phase process). cc a 38 of 49 Packet Pg. 209 5.N.f RFP 060612 Warranty 43) Describe,in detail,your Warranty Program including conditions to qualify,claims procedure,and overall structure. 44) Do all warranties cover all material and labor? H m 45) Do warranties impose usage limit restrictions? o 46) Do warranties cover the technicians travel time to perform warranty repairs? N 47) Please list any other limitations or circumstances that would not be covered under your warranty. 4) 48) Please list any geographic regions of the United States for which you cannot provide a certified technician to perform Q warranty repairs. How do NJPA Members in these regions receive warranty work? d E Other Cooperative Procurement Contracts Held EL a 49) Identify all cooperative government or education procurement contracts, which are marketed in more than one state, W held or utilized by the Proposer. 50) What is the annual dollar sales volume run through the contract(s)mentioned in your answer to question#49? 51) Identify all government or state procurement contracts held or utilized by the Proposer with any State of the United V V States. _ ca 52) What is the annual combined dollar sales volume for these state contracts? _ 53) Identify any GSA Contracts held or utilized by the Proposer. d 54) If you are awarded the NJPA contract, are there any market segments (e.g., higher education, county governments, a etc.) or geographical markets where the NJPA contract will not be your primary contract purchasing vehicle? If so, w please identify those markets and which cooperative purchasing agreement will be your primary vehicle. 55) If you are awarded the NJPA contract,is it your intention to lead with your NJPA contract? Yes No 0 m Equipment/products and services and Pricing c V 56) Provide a general narrative description of the equipment/products and services and services you are offering in your S proposal. 57) Provide a general narrative description of your pricing model identifying how the model works (line item and/or percentage discount). 58) Propose a strategy,process, and specific method of facilitating"Sourced Goods" or"Non-Standard Options" solution r- as defined herein. ;; 59) Provide an overall statement of method of pricing for individual line items,catalogs and category pricing with regard U) to all equipment/products and services and being proposed. Provide a SKU number for each item being proposed. 60) Provide a "CORE LIST" of equipment/products and services (as anticipated and defined by Proposer to meet or 22 exceed the NJPA Member's needs) as a separate and named spreadsheet. Include special pricing, if any, on these Cn items. co 61) Provide,if any,your volume rebate programs CD 62) Identify any Total Cost of Acquisition (as defined herein) cost(s) which is NOT included "Pricing" submitted with your proposal response. Identify to whom these items are payable and their relationship to Proposer. N 63) As an important part of the evaluation of your offer,you must indicate the level of pricing you are offering. 3 Prices offered in this proposal are: a. The same as typically offered to an individual municipality or school district. N b. The same as typically offered to cooperative procurement organizations or state purchasing o. departments. W c. Better than typically offered to cooperative procurement organizations or state purchasing - departments. c (Your proposal will be considered "Non-Responsive" if this question is not answered.) E 64) Do you offer quantity or volume discounts? YES NO Outline guidelines and program. 0 65) Describe your shipping,exchange and return program(s)and policy(s).Also specifically identify those programs as they relate to Alaska and Hawaii. E 66) Identify the Proposer's proposal for an administrative fee payable to NJPA for facilitation and promotion of the Contract opportunity invited here. This fee should be calculated as a percentage of Contract sales. w a 39 of 49 Packet Pg. 210 RFP 060612 Industry or Sector Specific Questions look c 67) If applicable to your company,are chassis costs a pass-through cost to the customer or do you take a mark-up on the m chassis? O 68) N/A 69)N/A 70) N/A 4 C m E a a Signature: d �a a� c r C N E a Cr w C O U N O U c v a v d Lr C M d w to O N M N N r+ N !4 3 -a 0 N a U_ w 0 c 0 E O C d E M a 40 RFP 031212 Form B a PROPOSER INFORMATION N d Company Name: N Address: City/State/Zip: Q Phone: Fax: m Toll Free Number: E-mail: E Web site: a w Voids sometimes exist between management(those who respond to RFPs) and sales staff(those who contact NJPA d Members)that result in communication problems. Due to this fact,provide the names of your key sales people,phone a m numbers,and geographic territories for which they are responsible v c COMPANY PERSONNEL CONTACTS d E a Contract Manager: a w c Email: Phone: 0 Name: Title: v a� C Email: Phone: U a `1r a�i Name: Title: -a c Email: Phone: f6 m Cn ca Name: Title: :2 Email: Phone: io c� Cn Name: Title: N. CD Email: Phone: 3 Name: Title: 0 N Email: Phone: U_ W m Name: Title: 0 Email: Phone: o U C d E V f9 y-. Q Page 41 of 49 Packet Pg.212 RFP 03121.2 EXCEPTIONS TO PROPOSAL,TERMS,CONDITIONS AND SPECIFICATIONS REQUEST c Form C a� �L Company Name: 0 m Note: Original must be sinned and inserted in the inside front cover pouch. Any exceptions to the Terms,Conditions, a Specifications, or Proposal Forms contained herein shall be noted in writing and included with the proposal submittal. Please sign and date the bottom of each page of this document. E RFP Page W Number Section Term,Condition,or Specification Exception 4) R m c �a c m E 'S a a• w c 0 _0 0 U v Q' c m v 0 M O! N N N R 3 Ip a w W a� c :n E 0 c m E Signature: ca a Page 42 of 49 Packet Pg.2,13, RFP 031212 V Contract Award RFP#060612 y FORM D Q SOLID WASTE AND RECYCLING COLLECTION EOUIPMENT WITH RELATED EQUIPMENT, ACCESSORIES AND SUPPLIES, d Proposal Offering(To be completed Only by Proposer) E In compliance with the Request for proposal (RFP) for "SOLID WASTE AND RECYCLING COLLECTION c EQUIPMENT WITH RELATED EQUIPMENT, ACCESSORIES AND SUPPLIES", the undersigned warrants that I/we W have examined this RFP and, being familiar with all of the instructions, terms and conditions, general specifications, m expectations,technical specifications, service expectations and any special terms, do hereby offer and agree to furnish the defined equipment/products and services and services in compliance with all terms,conditions of this RFP,any applicable amendments of this RFP, and all Proposer's Response documentation. Proposer further understands they are the sole r_ offeror herein and that the performance of any sub-contractors employed by the Proposer in fulfillment of this offer is the = sole responsibility of the Proposer. d E Q. Company Name: Date: Cr W c Company Address: o Y V City: State: Zip: c U Contact Person: Title: c Authorized Signature(ink only): (Name printed or typed) c� Contract Acceptance and Award(To be completed only by NJPA) Your proposal offering is hereby accepted and awarded. As an awarded Proposer, you are now bound to provide the defined goods and services contained in your proposal offering according to all terms, conditions, and pricing set forth in °- this RFP, any amendments to this RFP, and the Proposer's Response. The effective date of the Contract be co and continue for four years thereafter AND which is subject to annual renewal at the option of both parties. N National Joint Powers Alliance® (NJPA) °�' ca 3 NJPA Authorized signature: -a (Name printed or typed) N Title: Executive Director NJPA a W W Awarded this day of Contract Number#060612 d NJPA Authorized signature: M (Name printed or typed) C Title: m Executed this day of Contract Number#060612 z r Q Page 43 of 49 Packet Pg. 214 f RFP 031212 PROPOSER ASSURANCE OF COMPLIANCE ^ Form E c �a N Proposal Affidavit Signature Page o PROPOSER'S AFFIDAVIT N d The undersigned,representing the persons, firms and corporations joining in the submission of the foregoing proposal a (such persons, firms and corporations hereinafter being referred to as the "Proposer"), being duly sworn on his/her c oath,states to the best of his/her belief and knowledge: °' E a 1. The undersigned certifies the Proposer is submitting their proposal under their true and correct name,the Proposer a has been properly originated and legally exists in good standing in its state of residence, that the Proposer W possesses, or will possess prior to the delivery of any goods and services, all applicable licenses necessary for d such delivery,and that they are authorized to act on behalf of,and encumber the"Proposer"in this Contract,and d tr 2. To the best of my knowledge, no Proposer or Potential Proposer, nor any person duly representing the same, has r- directly or indirectly entered into any agreement or arrangement with any other Proposers, Potential Proposers, any official or employee of the NJPA, or any person, firm or corporation under contract with the NJPA in an effort to influence either the offering or non-offering of certain prices, terms, and conditions relating to this RFP 0. which tends to, or does, lessen or destroy free competition in the letting of the Contract sought for by this RFP, a and W c 0 3. The Proposer or any person on his/her behalf,has not agreed,connived or colluded to produce a deceptive show 0 of competition in the manner of the proposal or award of the referenced contract,and 0 L) 4. Neither I, the Proposer, nor, any officer, director, partner, member or associate of the Proposer, nor any of its c employees directly involved in obtaining contracts with the NJPA or any subdivision of the NJPA, has been convicted of false pretenses, attempted false pretenses or conspiracy to commit false pretenses,bribery, attempted bribery or conspiracy to bribe under the laws of any state or federal government for acts or omissions after a January 1, 1985,and d 5. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications U) request and other documents of this solicitation and that any and all exceptions have been noted in writing and 3: have been included with the proposal submittal,and 0 ca 6. If awarded a contract,the Proposer will provide the equipment/products and services and/or services to qualifying members of the NJPA in accordance with the terms, conditions, scope of this RFP, Proposer offered specifications and other documents of this solicitation,and W 7. The undersigned, being familiar with expectations and specifications request outlined in this RFP under 3 consideration, hereby proposes to deliver through valid service request, Purchase Orders or forms for NJPA .6 Members per this RFP, only new, unused and first quality equipment/products and services and services to .o designated NJPA Members, and If LL 8. The Proposer has carefully checked the accuracy of all items and listed total price per item in this proposal. In addition, the Proposer accepts all general terms and conditions of this RFP, including all responsibilities of - commitment and delivery of services as outlined,and M E 0 9. In submitting this proposal,it is understood that the right is reserved by the NJPA to reject any or all proposals and 0 it is agreed by all parties that this proposal may not be withdrawn during a period of 90 days from the date proposals E were opened regarding this RFP,and ca 10. The Proposer certifies that in performing this Contract they will comply with all applicable provisions of the a federal, state,and local laws,regulations,rules, and orders,and Page 44 of 49 Packet Pg. 215 k i RFP 031212 11. If Proposer has more than 40 employees in the state in which their principal place of business is located,Proposer hereby certifies their compliance with federal affirmative action requirements. c c� N m Company Name: 0 ! N U Contact Person for Questions: Phone: U (Must be individual who is responsible for i mg out t is Proposer's Response form)Q t: c Address: E E o. City/State/Zip: a w Telephone Number: Fax Number: m E-mail Address: ca Authorized Signature: m E Authorized Name(typed): Q- w Title: _ 0 Date: U w 0 U Notarized =_ U A U d _ N N f4 Subscribed and sworn to before me this the day of , 20 0 CO Notary Public in and for the County of State of My commission expires: CD Signature: 0 N CL U. W a� c 0 E 0 U m E U a Page 45 of 49 ,T6 ckdt Pg.216 RFP 031212 s ' - Form. G. OVERALL EVALUATION AND CRITERIA Evaluation for: c=c I N d For the Proposed Subject"SOLID WASTE AND RECYCLING COLLECTION EQUIPMENT WITH RELATED o EQUIPMENT,ACCESSORIES AND SUPPLIES", y d Q Available Points Points Awarded Conformance to terms and conditions to include documentation 75 a Pricing 300 a Industry and Marketplace Successes 50 W Bidder's Ability to Sell and Service Contract Nationally 100 m Bidder's Marketing Plan 75 a� Value Added Attributes 75 Invoicing Payment Terms and Financing Options 25 Warranty Coverages and Information. 100 `4 Selection and Variety of Products and Services Offered 200 Total Points 1000 0 a Cr Bonus Points awarded for: W Bidders "Green" characteristics 50 = 0 Bidders Dissadvantaged Business Entity Charactoristics 50 Overall Evaluation Points 1100 0 U Proposed d Reviewed by: Its Its m N R O U) M Q1 N 61 4+ N 3 -6 0 a u_ X a� 0 E 0 _ m E Mir .a Q Page 46 of 49 Packet Pg. 217 RFP 03121.2 FORM H State Of Minnesota–Affirmative Action Certification If your response to this solicitation is or could be in excess of$100,000,complete the information requested below to determine whether you are subject to the Minnesota Human Rights Act(Minnesota Statutes 363A.36)certification requirement,and to provide documentation of compliance if = necessary. It is your sole responsibility to provide this information and—if required—to apply for Human Rights certification prior to the R due date and time of the proposal or proposal and to obtain Human Rights certification prior to the execution of the contract. The State of y Minnesota is under no obligation to delay proceeding with a contract until a company receives Human Rights certification BOX A–For companies which have employed more than 40 full-time employees within Minnesota on any single working day during the previous 12 months. All w other companies proceed to BOX B. d v v F- Your response will be rejected unless your business: Q c has a current Certificate of Compliance issued by the Minnesota Department of Human Rights (MDHR) m E s?. –or– W M has submitted an affirmative action plan to the MDHR, which the Department received prior to the date and time the responses m are due. c O Check one of the following statements if you have employed more than 40 full-time employees in Minnesota on any single working day during the = m previous 12 months: O. ❑ We have a current Certificate of Compliance issued by the MDHR.Proceed to BOX C. Include a copy of your certificate with your response. ❑ We do not have a current Certificate of Compliance. However,we submitted an Affirmative Action Plan to the MDHR for approval,which the W Department received on (date). [If the date is the same as the response due date,indicate the time your plan was r_ O received: (rime). Proceed to BOX C. +� ❑ We do not have a Certificate of Compliance,nor has the MDHR received an Affirmative Action Plan from our company. We acknowledge m that our response will be rejected. Proceed to BOX C. Contact the Minnesota Department of Human Rights for assistance. (See below p for contact information.) V Please note: Certificates of Compliance must be issued by the Minnesota Department of Human Rights. Affirmative Action Plans approved by the Federal government, a county, or a municipality must still be received, reviewed, and approved by the Minnesota Department of Human Rights ++� before a certificate can be issued. v m 'a c R BOX B–For those companies not described in BOX A F; N Check below. to ❑ We have not employed more than 40 full-time employees on any single working day in Minnesota within the previous 12 months. Proceed to 0 BOX C. W M CD N BOX C–For all companies y By signing this statement,you certify that the information provided is accurate and that you are authorized to sign on behalf of the responder. You also certify that you are in compliance with federal affirmative action requirements that may apply to your company.(These requirements are 3 generally triggered only by participating as a prime or subcontractor on federal projects or contracts. Contractors are alerted to these requirements by -p the federal government.) o N Name of Company:_ Date W Authorized Signature:– Telephone number: .O Printed Name: Title: a) C E For assistance with this form,contact: v Minnesota Department of Human Rights,Compliance Services Section Mail: 190 East 5`h St.,Suite 700 St.Paul,MN 55101 TC Metro: (651)296-5663 Toll Free: 800-657-3704 d Web: www.humanrights.state.mn.us Fax: (651)296-9042 TTY: (651)296-1283 E v Q Page 47 of 49 Packet Pg. 218 RFP 03121.2 Form I State of Minnesota—Immigration Status Certification ION a c N By order of the Governor's Executive Order 08-01,vendors and subcontractors MUST certify compliance with the Immigration m Reform and Control Act of 1986(8 U.S.C. 1101 et seq.)and certify use of the E-Verb system established by the Department of N Homeland Security. ai E-Verify program information can be found at http://www.dhs.gov/ximgtn/programs. Q r c If any response to a solicitation is or could be in excess of$50,000,vendors and subcontractors must certify compliance with items 1 and 2 below. In addition,prior to the delivery of the product or initiation of services,vendors MUST obtain this certification from all a subcontractors who will participate in the performance of the contract. All subcontractor certifications must be kept on file with the a contract vendor and made available to the state upon request. W V m ca 1. The company shown below is in compliance with the Immigration Reform and Control Act of 1986 in relation to all W employees performing work in the United States and does not knowingly employ persons in violation of the United States c immigration laws. The company shown below will obtain this certification from all subcontractors who will participate in the M performance of this contract and maintain subcontractor certifications for inspection by the state if such inspection is requested; m and E 2. By the date of the delivery of the product and/or performance of services,the company shown below will have implemented or will be in the process of implementing the E-Verify program for all newly hired employees in the United States who will W c perform work on behalf of the State of Minnesota. o r 1 certify that the company shown below is in compliance with items 1 and 2 above and that I am authorized to sign on its d 6 behalf. U a� Name of Company: Date: c w Authorized Signature: Telephone Number: Printed Name: Title: _ ca m U) ca 0 If the contract vendor and/or the subcontractors are not in compliance with the Immigration Reform and Control Act,or knowingly N employ persons in violation of the United States immigration laws,or have not begun or implemented the E-Verify program for all CO) newly hired employees in support of the contract,the state reserves the right to determine what action it may take. This action could N include,but would not be limited to cancellation of the contract,and/or suspending or debarring the contract vendor from state -- purchasing. N ca For assistance with the E-Verify Program Contact the National Customer Service Center(NCSC)at 1-800-375-5283(TTY 1-800-767-1833). 0 For assistance with this form,contact: LL Mail: 112 Administration Bldg,50 Sherburne Ave.St.Paul,MN 55155 W E-mail: MMDHe1pLine(astate.mn.us 4) Telephone: 651.296.2600 Q Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 E 0 c a� E OWN t Q Page 48 of 49 Packet F 219 RFP 031212 11. PRE-SUBMISSION CHECKLIST � AM A Pre-submission Checklist L 0 N ❑ Have you read and understood the RFP? a ❑ Have you attended the Pre-Proposal Conference for this RFP? Q ❑ Have you completed the questionnaire (Form A) to the best of your ability? ❑ Have you submitted pricing for all of the goods and services you offer within the scope of this RFP? a ❑ Have you submitted a"Sourced Goods Multiplier? a ❑ Have you packaged your Proposal submission identifying conspicuously"Competitive Proposal Enclosed, Please hold for public opening XX-XX-XXX". • Have you sent your package in sufficient time for physical delivery at 202 12th ST NE Staples, MN 56479 will occur prior to the deadline for delivery? -o • Have you submitted original completed and executed forms C, D, E, H, and I from this RFP? ❑ Have you submitted verification of liability insurance with the coverage and limits required in the RFP? E ❑ Have you provided an electronic copy (saved on a CD or flash drive) of your entire proposal s including,but not limited to, Forms A, B, C, D, E, H, and I in your proposal? W _ 0 r Contents of your Proposal response: ❑ Original executed forms B, C, D, E, H & I. 0 ❑ Electronic submission of proposal forms A, B, C,D, E, H & I (CD or flash drive). a, ❑ Certificate of Insurance (demonstration of insurability) m � c as r N 0 cr, rn N d r N 3 N a W W -a d _ E 0 .r d E Q Page 49 of 49 (revision 4/13/12) Packet Pg.220 i i C N d L 0 N Addendum 052512 To that certain Q RFP#060612 Issued by E The National Joint Powers Alliance® For the procurement of Cr SOLID WASTE AND RECYCLING EQUIPMENT WITH RELATED EQUIPMENT, ACCESSORIES AND SUPPLIES c Please consider the following to be a part of the above RFP: a� The Deadline for Submission of Proposals for this RFP shall be extended from June 5,2012 at 4:30 PM a Central Time to June 12, 2012 at 4: 30PM Central Time. a W c AND v The Public Opening of Proposals for this RF shall be extended from June 6, 2012 at 8:00AM Central Time 0 to June 13,2012 at 8:00AM Central Time. AND the following questions and answers: d Question: . Do you have a recording of the pre-bid webcast that can be shared, along with = an attendance sheet for the pre-bid conference? m m N M Answer: No. Question: Is a dealer network listing required to be submitted with the proposal ° M Answer: No.You are responsible for your Dealer Network in the exercising the contract N contemplated. NJPA is interest more in the characteristics of the Dealer Network rather than w their names.Are they your employees or employed by a third party/sub-contractor, etc. y R 3 Question: How long is the estimated evaluation period? :a 0 N Answer:As long as it takes.With the extension of the due date above,we will likely be looking 0- at presenting this to the Board at their August Meeting currently scheduled for August 21, 2012. d c Question:What is the estimated award date? E 0 Answer:August 21, 2012, again subject to the ability of the Evaluation Committee to finish our evaluation in sufficient time to allow for thi schedule. m t- E Packet Pg.221 www.nipacoop.org National Joint Powers Alliat E 200 First Stre,�' 'S C7 NN 56• w 'a m Proposal Opening Witness a c Date of opening: June 13, 2012 The witnesses signed below hereby witness they were present on the above date and in witness of the public E. opening of all responses received to the Request For Proposal#060612 for the procurement of SOLID WASTE w AND RECYCLING COLLECTION EQUIPMENT WITH RELATED EQUIPMENT, ACCESSORIES AND o SUPPLIES by NJPA and NJPA Members. Proposals are evaluated first on responsiveness then on the other criteria included in the RFP. Responsiveness c0 consists of the following criteria: 1. Was the response received prior to the deadline of submission? 2. Was the response properly packaged and addressed? 3. Did the response contain the proper bid bond? 4. Did the response include documents with original signatures that were required? Responses were received from the following: Labrie Enviroquip Group—received June 11,2012 at 10:55am c Insurance—no work comp; no automobile Bidder deemed responsive o Old Dominion Bruch, Inc.—received June S,2012 at 11:00am Bidder deemed responsive Falcon Road Maintenance Equipment, Inc.—received June S,2012 at 10:10am Bidder deemed responsive Doppstadt US—received June 11,2012 at 10:15am o Insurance—no work comp; no automobile N Bidder deemed responsive Environmental Solutions Group—received June 12,2012 at 10:37am o Bidder deemed responsive n Rehrig Pacific Company--received June 11,2012 at 11:04am = Bidder deemed responsive Cascade Engineering,Inc.—received June 11,2012 at 11:04am a, Bidder deemed responsive Wastequip,Inc.—received June 11,2012 at 11:04am o Bidder deemed responsive .� m 9 � E a Packet Pg.222 F5.N.g OIJPA *� www.nipatcoop.org National Joint Powers Allian E _. 200 First St,.cct 1 'a Staples, MN 564: UJ d WITNESSES: f0 d 6/13/12 Gregg M rhofer, Bids and C racts Officer,NJPA E 6/13/12 Ginger in , ontracts Spec—ia ist,NJPA Cr c 0 6/13/12 Tracy Plinske, Contracts pecialist,NJPA 0 U 6/13/12 c aureen Knight, Contracts and Marketing Specialist,NJPA 6/13/12 andy B own, Vice President Sales&Marketing v Environmental Solutions Group 0 Cn ch w N d N t3 6 Cn N T to F CD O tl) d 6) i C I •� d Q 0 t � f � I m ca Q Packet Pg.X23 0 5.N.fi 0 0000 W �_g < c a a ° ° CD 7 < d a m & C a 0. 0 o ° m '^. a a c III ('o p °' 0) 0ca2a0c �. � a � CD CD 0 0 d N m N 9 0 N o d > > D y §p N CD n<i rn S v'^, 3 °> > C)o l< m n�i Q a d m o _� m m a ° _ a " o ° to a d (D < ° 0 w o o_ 0 �� a§ 2 y � v 0 Z C� m c m m cl ' in m m a CD cm o w : " q m Cl)o O CL CL d w n m O a a r LO 0 cf) 2D p d CL n v D iw C/)o� 0 Q O O O 0 _ V V CT O V ID a C O tT Cn al O O O al Z 0 l p m 0� N (� N . d m d 9 n o v d Q W w W W W 3 c .. N N N N f� _ r- O O O O O A A D O Co N V W O A Ch (A d N N N N N W V CO W O Cl) C.n f0 A V V Z E G) a o a o° O w •o r .0 N r m d m CL 0 0) , c -t m N W /I O N C W 1 V W OD Co Z l4 tA m o m 0 E a o' o T mG) m � - U c Uj W O N { o W 00 V V CO A CO W 'O V co O - V 00 9 G ! d = G U T. o m v T 9Dm jW A (Wi, O CO N 01 G) V W Cn pf ra a p 'O c) V O W O N N O OD rn Q N _C 0 a m v � = m o G 3 z co V Cl) W OOD A co N Cn Cr co A A CJ, Of N N O N W V -4 W N O V D C7 N n — O m N `I Q Cn M Q Cl) o Co V � V ' m y W 00 W Co N N ccoo C00 1t N V CD D .a z - A p o A Cn N � C � E y -0 `0 r U- -4 N N O O N Ch CT OD A V O 0 Cl) C O W O V V Cn N O CT d C E G � V d � a � v j p V W oD N CA v O A 1801- 3 CA W W W N W O W A V f1 Packet Pg.224 5.N.h N _N a � a y C c y d �L O N N d V V Q C d E Q rr W d R d 'O C l4 C d Q O W C O U d O U c T v d c R d N R O Cl) Q1 T N N O Co O d m f6 O 9 E O LL C O E .0 V R Q Packet Pg.225 5.N.1 RFP 031212 N .Q 7 N Contract Award c RFP#060612 fA FORM D °' 0 N SOLID WASTE AND RECYCLING COLLECTION E UIPMENT WITH RELATED E UIPMENT U) ACCESSORIES AND SUPPLIES 0 U Proposal Offering(To be completed Only by Proposer) Q In compliance with the Request for proposal (RFP) for "SOLID WASTE AND RECYCLING COLLECTION c EQUIPMENT WITH RELATED EQUIPMENT,ACCESSORIES AND SUPPLIES", the undersigned warrants that Uwe have examined this RFP and, being familiar with all of the instructions, terms and conditions, general specifications, 2- expectations, technical specifications,service expectations and any special terms,do hereby offer and agree to furnish the w defined equipment/products and services and services in compliance with all terms,conditions of this RFP,any applicable -a amendments of this RFP, and all Proposer's Response documentation. Proposer further understands they are the sole 21 offeror herein and that the performance of any sub-contractors employed by the Proposer in fulfillment of this offer is the m sole responsibility of the Proposer. c Company Name:Wastequip, Inc. Date: 6-8-12 c v Company Address: (Bid Location) 841 Meacham Road E CL .3 ay City:Statesvi1 le State: NC — Zip: 28677 uJ C 0 Contact Person: Marya Jenkins Bi /Contract Specialist d Authorized Signature(ink only): ,_ c L� i I, u a P. Gates (Name printed or typed) i President, Contr t nagement c .0 Contrac Tceeptance and Award a comipleted only by NJPA) m Your proposal offering is hereby accepted and awarded. As an awarded Proposer, you are now bound to provide the c defined goods and services contained in your proposal offering according to all terms, conditions, and pricing set forth in ca t is P, any amendments to this RFP, and the Proposer's Response. The effective date of the Contract be N U, 2617— _ and continue for four years thereafter AND which is subject to annual renewal at the option f both parties. e 0 National Joint Powers Alliance® (NJPA) / rn NJPA Authorized signature: L�..G�C- ,.�. _ `r�y (, `?'SC<<. N (Name printed or typed) Title: Executive Director NJPA Awarded this 17a day of J ULy Contract Number#060612- � Q n � NJPA Authorized signature- a (Name printed or typed) Title: Q�r A Z O Executed this r `Y- day of G U Z Contract Number#060612 1 E a Page 43 of 49 Packet Pg.226 N ANNUAL RENEWAL OF AGREEMENT �- Made by and Between Co Wastcquip,Inn. (Vendor) 841 Meacham Road a Statesville, NC 28677 N N d and v d National Joint Powers Alliance@(NdPA) 202 12"' Street NE a Staples,MN 56479 5 Phone: (218)894-1930 w -a w r Whereas-, t° 0 W "Vendor"and"NJPA"have entered into an"Acceptance and Award#060612-WQI" for the -0 _ procurement of Solid Waste&Recycling Equipment with Related Equipment,Accessories mid Supplies,and having a maturity date of July 17,2016,and which are subject to annual renewals at the option of both parties. Q .3 Now therefore: w c "Vendor"and"NJPA"hereby desire and agree to extend and renew the above defined contract o for the period of July 17,2013 to July 17,2014. m 0 U National.coin lowers Alliance® NJPA) a, By � �j` '( L1�1 ,Its: 7 (✓ >+ Name printed or typed: a-Sn4l AJ W L v Date Xq/1N ca Wast-enui Inc. -a By: ,�� — _. Its: CFO ---- ) any tinted or typed:Stephen. _v_ef N Date 6/12113 a o_ d a ------------------------- -------------------------------- ----- U d 0 ll you d�nOL deSlre;to exteriil Coiltr&Ct,.please sigri.below ar�d returft th�5 a�eement U is ont�riue^We,cleBiro#QA I nue the con et w d Packet Pg. 227 MEMBERSHIP AGREEMENT CD PARTICIPATING MEMBER E National Joint Powers Alliance a w This Agreement,made and entered into this ""day of M�a�N 202-1-1,by and between National Joint Powers Allianceg,hereinafter referred to as"NJPA"and GV 4,f -"Al hereinafter referred to as the"Applicant". c R Witnesseth: That for a good and valuable consideration of the premises,mutual terms,covenants,provisions,and conditions hereafter set forth,it is agreed by and between the parties as follows: 2 g as Whereas,the NJPA is created by Minnesota Statute§123A.21 as a service cooperative(with membership w a further defined in MS. §471.59)to serve cities,counties, towns,public or private schools,political O subdivisions of Minnesota or another state,another state,any agency of the Slate of Minnesota or the United States including instrumentalities of a governmental unit and all non profits;and o r3 01sereas,NJPA's purpose as defined in M.S.§123A.21 is to assist in meeting specific needs of clients which c could be better provided by NJPA than by the members themselves;and ca Whereas, the NJPA Board of Directors has established the ability for an "Applicant"desiring to participate I in NJPA contracts and procurement programs to become a Participating Member;and a C • Whereas,the NJPA Board of Directors has determined that Participating Members will have no financial N or organizational liability to NJPA or to its organizational activities; a Now Therefore,it is hereby stipulated and agreed that the"Applicant"Agency desires to be a Participating o Member of NJPA with contract purchasing benefits,in accordance with terms and conditions of the applicable rn contracts),and that NJPA hereby grants said Membership to said"Applicant." rn N Term: " B This continuing agreement shall remain in force or until either party elects to dissolve the Agreement by written = notice. 'a M } THEREFORE,IN WITNESS THEREOF, m the parties hereto have executed this Agreement the day and year written above. m coc ; co National Joint Powers Alli o i 20212th Street y Member Name: Stapl w a, E ' By AUTI10RIZ SIGNATURE AUTHORIZED SIGNATURE Its /0,Pe9L/G s TITLE TITLE i DATE ' 77 y E V ; R !`, 1 Q Packet Pg_228 f. 5.N.j MEMBERSHIP AGREEMENT PA PARTICIPATING MEMBER E National Joint Powers Alliance° E-' ' I ORGANIZATION INFORMATION ("A Required Information) w a� Applicant Name: *' (-4,1 e Please indicate an address to which your Membership materials may be delivered. IX c: tJ- D ST. Address:*' Thank you, A4 City,State,Zip" S J g��"i �t7it-i!� �A �2`7t! � E Federal ID Number: 2- Contact Person: ** �)` �Rv S'T'i w _ Title:"" f�UBLl� lti/DltI�S' �D/l�,EGTo� E-mail; fiPOSSAF�.D a U Phone: a)s _ Website: S45 C/7- /. ez'C >4 v : m ' APPLICANT ORGANIZATION TYPE: -a ns ❑ K-12 W Government or Municipality(please specify: ❑ Higher Education ❑ Other(please specify ) r°n I WAS REFERRED BY:(please specify) N , o c ❑ Advertisement Current NJPA Member a� ❑ Vendor Representative m ❑ Trade Show = Mn ❑ NJPA Website o ❑ Other U r _ Completed applications may be returned to: E National Joint Powers Alliance O a 202 12T"Street NE a Staples, MN 56479 N i Duff Erholtz Phone 218-894-5490 Fax 218-894-3045 E-mail duff.erholtz @njpacoop.org 2 Q Packet Pg.229 03-26-'14 14:41 FROM- PM Realty Group (I LT T-144 P0001/0002 F-301 CS.N.k REQUEST FOR gUOTATION -THIS IS NOT AN ORDER FROM THE CITY OF SAN BERNARDINO Public Works Department 300 No. D Street,San Bernardino, CA 92418 `o (909)384-5020 FAX(909) 384-5059 ISSUE ORG REQ REPLY DATE DEPT NO# TYPE DUE BY Q c CL m E VENDOR NAME WASTEQUIP LU a VENDOR ADDRESS 11900 EAST LOCKE ROAD CITY, STATE, ZIP LOCKEFORD, CA 92537 PHONE 300-255-4126 Ext. 244 FAX 704-87$-0734 CONTACT Marya Jenkins c PLEASE RESPOND WITH NO BID IF NOT BIDDING. FAILURE TO RESPOND WILL RESULT IN REMOVAL FROM BID LIST. UNIT E ITrM# DETAIL DESCRIPTION OF PRODUCT OR SERVICE QUAN UOM PRICE TOTAL PRICE Cr — w c o 1 2 d Commerical Refuse Containers 68 ea. $491.12 $33,39(3.16 d 2 3 d Commerical Refuse Containers 224 ea. $502.34 $112,524.16 3 4 d Commerical Refuse Containers 40 ea. $558.24 $22,329,612 . c d 4 16yd Commerical Refuse Containers 9 ea. $755.65 $6,800.8'✓ c �a 5 40yd Commerical Refuse Containers 20 1 ea. 1 $4,478.18 $89,56:3.6C y PLEASE NOTE UNIT PRICING DOES NOT INCLUDE FREIGHT � CHARGES. FREIGHT IS LISTED AS A SEPARATE LINE ITEM. Subtotal $264,614.31 :a Include all other applicable charges v (Freight, Sales Tax, Service Charge,etc.) Tax 8.25% $21,83().6`~ M N City requires "Full Freight Allowed", unless freight Freight $12,000.00 � charges are specifically quoted herein. Total Bid $298,445.06 M QUOTED PRICES SHALL BE EFFECTIVE 02/26/14 THROUGH 6/30114 CITY CONTACT - — NO CHARGE WILL BE ALLOWED OVER AND ABOVE PRICES QUOTED ON THIS SHEPT- THE RIGHT IS RESERVED 0 TO ACCEPT OR REJECT QUOTATIONS ON EACH ITEM, SEPARATELY OR AS A WHOLE, IF SUBSTITUTES ARE OFFERED, MAKE FULL EXPLANATION AND INCLUDE BROCHURES FROM THE MANUFACTURER. F Start 4 weeks Full Freight m 3/26/2014 Destination Best way Net 30 Complete 8 weeks Allowed c QUOTE DATE FOB POINT IS HI VIA TERMS DELIVERY DATE FREIGFIT Cn c VENDORS SIGNATURE TITLE CFO r TELEP# (800) 255-4126 Ext. 244 CU -CASE PRINT NAME /Stephen Svetik QUOTED PRICES EFFECTIVE 2126114 thru 6/30/14 Q Request for Quotation.xls Packet Pry. 230 03/26/2014 2 : 41PM (GMT-04: 00) 03-26—'14 14:41 FROM— PM Realty Group CLT T-144 P0002/0002 F-301 CITY OF PHOENIX 5.N.k SOLICITATION ADDENDUM .Procurement Division Ilk* 251 W.Washington Street Solicitation Number: IFB 14-126(EK) Addendum 1 Page 1 of 13 8th Floor Phoenix, AZ 85003 a Solicitation Due Date: Friday, March 28,2014-2:00 p-m. Local Arizona Phone: (602)262-7181 0 y i V V a PURCHASE OF STEEL ROLL OFF REFUSE BINS - REQUIREMENTS CONTRACT Please make the following changes to the above-referenced solicitation: E Bid Due Date is changed from Friday,March 21,2Q14 at 2:00 p.m. Local Arizona Time to Friday,March 28,2014 w at 2.0013.m. section III—Special Terms and Conditions. Paragraph 3.3. From the first sentence, delete"Fully assembled." 7 Section IV-Scope of Work: From Paragraph 3, Inspection and Acceptance,delete, "will be." _ E CL Paragraph 4.C., Paint/Golor- Revise to read: "All bid items will be thoroughly cleaned,free from oils, debris and .5 rust prior to priming and.painting. All items will be primed inside and out. All surfaces will be painted with a City- Cr approved paint color for garbage, and a City-approved paint color for recycle bins in color using industrial = paint. Contractor will submit color chips prior to the City approving a specific color for each bin collection type. If 2 Contractor offers several shades,the City will select the shade." 0 Paragraph 4.D. subsections originally left out subsection c. The subsections have been re-numbered. L as c Paragraph 4.D., Construction—Delete"for 12 and 25 yard closed top_" Paragraph 4.D., Construction--Add"Tap perimeter tube headers must be according to industry standard." m v Paragraph 4.11b, Construction Cross members-Add"(For closed top bins.)" Paragraph 4.13.b, Construction Cross members-Delete lines for 10,20,30 and 40 cubic yard bins. Paragraph 4.D.h(now 4.D.f), Floor--Delete second sentence that begins with, "114"steel floor plate with welds " running..." 0 Paragraph 4.D.h(now 4.D.f), Floor—Revise first sentence to read,"3"and 3.5-4.1"structural channel in 18" M spacing." °' rn N Paragraph 4.D.1, Sides—Delete in its entirety. r , W Paragraph 4.D.p(now 4.D.m), Doors Bottom Header—Add the following sentence,"The header is located `� directly behind the door at the top and bottom of the bin to create a seal to mitigate rubble and debris from falling C out of the bin." 0 C� cont'd o c Name of Company: Wastecluip Mfq. Co. LLC co L Address: Bid Location 641 Mpacharn Road, Statesville, NC 28677 m Authorized Signature: C0 Print Name and Ti e: St hen Svetik CF = a) E U R w a Racket Pg.231? 03/26/2014 2 : 41PM (GMT-04: 00) pa;elaa pue juauadmb3 uoi;oailoo 6uiloAoem pue a;seM PHOS : £66Z) aapio asegoind lenuuV :;uewq:De}}V N` M N ANNUAL PURCHASE ORDER a CD Effective on or about July 1, 2013 through June 30, 2014 plus two (2) single-year renewal options, at a the City's discretion for City's requirements. Option years shall become effective only upon issuance by the City of a duly authorized Purchase Order. Option year one if exercised, shall be effective July 1, 2014 through June 30, 2015. Option year two if exercised, shall be effective July 1, 2015 through June 30, 2016. All pricing shall be FIRM FIXED pricing for the length of the agreement. At the discretion of the City, pricing may be adjusted, prior to exercising of any given option year to renew based on the CPI. Are there any other additional or incidental costs which wilLbe required by your firm in order to meet the requirements of the Technical Specifications? Yes / No (circle one). If you answered "Yes", please provide detail of said additional costs: Please note-pricing is based off Wastequip's NJPA National Cooperative contract. Pricing is based on the City's specific product specifications to include the following: locking bar, "U"shaped W pull handles,water tight, casters welded solid, 3"weld ID, no Wastequip decals(caution/warning)only, painted color-City of San Bernardino Please indicate any elements of the Technical Specifications that cannot be met by your firm. NONE-please see above notes Have you included in your bid all informational items and forms as requested? Yes / No (circle one). If you answered "No", please explain: Yes-please see above notes. Please also note that Wastequip will hold pricing firm for the initial term until June 30,2014. Thereafter pricing will be based on current NJPA contract pricing at time of order. This offer shall remain firm for 90 days from RFQ close date. Terms and conditions as set forth in this RFQ apply to this bid. Cash discount allowable °l0 0 days; unless otherwise stated, payment terms are: Net thirty (30) days. Vendor's Signat2/1. Stephen Svetik,CFO Date Signed: 3/ Ci.N.m RESOLUTION (ID #2993) DOC ID: 2993 A CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract a a From: Tony Frossard M/CC Meeting Date: 04/21/2014 U) c cc Prepared by: Chris Alanis, (909) 384-7213 .L 0 M Cn Dept: Public Works Ward(s): All U U Subject: Q Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the Director of Administrative Services to Transfer$250,000.00 from the Dump Waste a Fees Account No. 527-400-0096-5179 into Account No. 527-400-0096-5111 Materials and Supplies, and Authorize the Execution of a Vendor Purchase Agreement with Wastequip Inc., for W the Purchase of Solid Waste and Recycling Collection Equipment, Related Equipment, 2 Accessories and Supplies. (#2993) Current Business Registration Certificate: Not Applicable c Financial Impact: v Financial Impact: a Account Budgeted Amount: $69,000 Cr Account No. 527-400-0096-5111 W Account Description: Materials and Supplies o Balance as of 04/09/2014 $28.13 wrr Balance after approval of this item: $250,028.13 0 a� Please note that this balance indicates the amount that will be available funding. Motion: Adopt the Resolution. v Background: The Public Works Department, Integrated Waste Management Division (IWM), is responsible for all solid waste and recycling collection within the City. The IWM must purchase 2 yd.,4 yd., a 6 yd., and 40 yd. commercial refuse containers in order for the IWM to meet the needs of the W City of San Bernardino's commercial clients and comply with AB341 requirements. 3: Staff began researching and assembling information to provide the Finance Division in an effort to prepare a formal request for quotation. During the course of this process, it was discovered o that the City is a member of the National Joint Powers Alliance (NJPA). NJPA is a public N agency that serves over 47,000 member agencies throughout the Nation with competitively a, awarded cooperative contract solutions. NJPA has nationally solicited, evaluated and awarded o contracts through a competitive bidding process on behalf of its members. One of the contracts A awarded by the NJPA, was to Wastequip Inc. For the purchase of commercial refuse enclosures. N These commercial refuse enclosures meet the identical specifications that Staff is requesting. 3 Wastequip's awarded cooperative contract will provide considerable time and resource savings by streamlining the contracting process, eliminating the need to "go out to bid" and the ability to a procure products in a more efficient and timely manner while leveraging national volume { pricing. The Vendor has extended the pricing to the City as an inter-local cooperative "piggyback" purchase. Please note: Public Works staff could not identify a San Bernardino Q Updated:4/14/2014 by Chris Alanis A Packet Pg. 2 33 2993 based manufacturer of commercial refuse enclosures. 7 aD The purchase of these new commercial refuse enclosures will facilitate refuse service to the current backlog of commercial clients (approximately 350 new customers). The last purchase agreement for commercial refuse enclosures was signed in 2005 and was last utilized in 2008. For current customers, the IWM has been repairing the old/leaky enclosures rather than having an adequate replacement program. The repair costs in most instances are equal to or greater than o the purchase of a new bin. The purchase of a new also allows for the flexibility to provide the adequate service level that our customers need. In order to effectively respond to the service requests, the IWM will need approximately $250,000.00 per year ($750,000 total) for the next < three fiscal years. E Funding for the purchase will be come from the IWM enterprise accounts rather than the general a fund. The transfer of the funds will not affect the IWM operation as we have adequately w budgeted for the Dump Waste Fees and anticipate a surplus of approximately $350,000 this fiscal year. Staff recommends that the Mayor and Common Council of the City of San Bernardino authorize ca and direct the Director of Administrative Services to transfer$250,000.00 from the Dump Waste = Fees account no. 527-400-0096-5179 into account no. 527-400-0096-5111 Materials and E Supplies, and authorize the execution of a Vendor Purchase Agreement with Wastequip Inc. for •2 the purchase of solid waste and recycling equipment,related equipment and supplies. w City Attorney Review: o Supportin!Documents: combined-advertisement (PDF) L) combined-RFP-solid-waste (PDF) Bid-Opening-Witness-060612-Solid-Waste (PDF) Form-G-Solid-Waste-060612(PDF) CONTRACT AWARD (PDF) VPA-WASTEQUIP (DOC) C Technical Specifications-Attachment 2 (PDF) Reso for WASTEQUIP (DOC) Printout-2993-1019 (DOC) -� Membership Agreement City of San Bernardino (PDF) 0 Annual Purchase Order (PDF) CSB Cost Breakout 148 3-25-14 (PDF) San Bernardino Quote 3-26-14 (PDF) N 0 r c> o� N O L a (D E �a a Packet Pg. Updated:4/14/2014 by Chris Alanis A 234