HomeMy WebLinkAboutbocc.con.006.2015Rev. 08-30-11 jls
COUNTY CLERK'S
CONTRACT COVERSHEET
CONTRACT #: 006-2015
ORIGINATING DEPARTMENT: Fleet
PROCUREMENT OFFICER: Jonah Frank
PROJECT NAME: New 972 Loader
DOLLAR AMOUNT: $516,774.00
CONTRACT EXECUTION DATE:
PHONE #: 5393
CONTRACTOR: Wagner Equipment Inc.
LINE ITEM # 404.67.00952.86650
CONTRACT END DATE:
AUTOMATIC RENEWAL: ❑ YES ® NO TERM: N/A
❑ BOCC AGENDA ITEM (Grants, IGA) ❑ STAFF AUTHORIZED SIGNATURE
(Requires BOCC Signature) (Per Revised Procurement Code 7/2005)
® OVER $50,000 (Requires Section Leader & County Manager's Signature)
✓ CHECK PROCUREMENT TYPE:
❑ None ❑ Informal ❑ Formal ❑ Sole Source ❑ Emergency ® Outside Agency/State Bid
❑ Compliance with C.R.S. 8-17-5-101, 102 as amended (Immigration Form) ❑ Exempt
❑ Contract Renewal
✓ CHECK CONTRACT TYPE:
❑ Services/Maintenance ❑ Employment
❑ License/Use ❑ Intergovernmental Agreement (Resolution Required)
❑ Lease ❑ Non -Profit
❑ Construction ❑ Quasi -Public (e.g: AVH)
® Goods, Equipment, Supplies ❑ Grant Agreements (Notify Finance & Resolution Required)
❑ Other (e.g. revenue) ❑ Change Order/Contract Amendment
(C/0: 10% or $25K whichever is the lesser must have County Manager signature)
All Contracts should be proofed and all exhibits and notices must be attached for the following:
✓ ® No Pages Missing ✓❑ All Other Blanks Filled In
✓ ® If Page Left Intentionally Blank —Note on Page ✓® All Exhibits Attached
✓ ® Page numbered consecutively ✓❑ All Legal Descriptions attached (if applicable)
✓ ®All Original Signatures Affixed
✓❑ Notice of Award/Notice to Proceed Attached (ijapplicable)
✓ ® All Dates Filled In ✓® Warranty (if applicable)
✓ ® Special Instructions for Finance Department: Check
✓ ® Authorized Procurement Officer's Name: Jonah Frank
BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT
THE ATTACHED DOCUMENT HAS BEEN PROOFED ANDREADY FOR SCANNING.
NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST:
Contract #006-2015
Budget Line Item #404.67.00952.86650
xiN
COUNT
CONTRACT
FORTH . PURCHASE OF OOD O IPM .NT
New Loader, with 4 wheel Drive. & hvdraulic ttuick counler
THIS CONTRACT is made and entered into this 26th day of March, 2015 , by and
between the Pitkin County Board of County Commissioners, 530 E. Main Street, Third
Floor, Aspen, Colorado 81611 (hereinafter "County") and Wagner Equipment Co,
(hereinafter "Vendor").
LGOODS PURCHASED. Vendor shall provide County the following goods conforming
to the stated description and any Technical Specifications attached to this contract:
Per N7PA award #060311 -CAT
(1) 972M Loader as per Specification in Attachment 1
2.13ELIVERY OF GOODS. Goods, together with all warranties, guarantees, manuals,
support information and notice of any extended warranties, shall be delivered by
Vendor to the County at the following place and time:
Place: 76 Service center Rd. Aspen, Co 81611
Date: October 1 st 2015
3.RISK OF LOSS. At all times prior to delivery and County's acceptance of the
goods, Vendor shall bear any and all risk of loss of or damage to the goods. During
such period, Vendor shall insure the goods for loss or damage in amounts and
under appropriate terms.
4.TIME IS OF THE ESSENCE. Vendor acknowledges that time is of the essence for
delivery of goods/equipment.
51IOUIDATED DAMAGES. Vendor hereby agrees to be responsible to County for
liquidated damages for failure to deliver goods on time, (for delay and not as Penalty) in
the amount of $100.00 per calendar day for each day or part of a day that goods are not
delivered on the date and time established in accordance with this contract. The parties
Contract #006.2015
Budget Line Item #404.67.00952.86650
agree that the stated sum is a reasonable forecast of fair compensation for the
anticipated damages for delay and that they genuinely intend to liquidate such
damages. Any such damages are to be deducted from purchase price.
6.ACCEPTANCE OF GOODS. Delivery of goods shall be complete only upon
acceptance by County. County shall have 14 days for inspection of goods. At delivery
and after inspection and acceptance, Vendor shall tender a Bill of Sale to the goods,
together with any and all other documents evidencing such ownership and title to the
goods. The goods shall be delivered to County free and clear of any liens, claims or
encumbrances, and Vendor shall warrant the same, which warranty shall survive closing
of this contract.
TREJECTION OF GOODS. If goods are not delivered according to the specifications
and descriptions of this contract, County may reject goods. Vendor shall have 30 days
additional time to deliver goods in conformance with this contract. Upon failure of
Vendor to deliver goods, County may terminate this contract or declare Vendor to be in
default and pursue remedies contained in this contract.
8.WARRANTY/REPAIRS:
A. Delivery of Warranty. Upon delivery of the goods, Vendor shall simultaneously
tender to County all warranties, guarantees, manuals and other documents specified by
the contract documents or in possession of Vendor.
B. Terms of Warranty and Repair. The Vendor hereby warrants that for a period of
5 year, 7500 Hour Warranty Powertrain and hydraulics, after goods are accepted,
Vendor will, at Vendor's own expense, without any cost to the County, replace all
defective parts and make any repairs to the goods that maybe required or made necessary
by reason of defective material or workmanship. Where practicable, warranty repairs are
to be made in the field; however, in the event of major repairs, the goods may be
Need to be transported to Vendor's facility at no cost to the County.
C. Extended Warranties. In addition to the above, the County may avail itself of the
Vendor's standard and/or extended warranties. The Vendor shall offer to the County any
extended warranties, which may be available from the manufacturer at the time of
delivery, or any subsequent extended warranties, for which the County may be eligible,
which become available thereafter. The County is under no obligation to accept and pay
for these extended warranties however.
9.PAYMENT. Full payment shall occur upon acceptance of goods delivered in
compliance with this contract. In consideration of delivery and acceptance of the goods
to County in accordance with this contract, County shall pay Vendor, and Vendor agrees
to accept as its full and only compensation, the stated sum of $516,774.00, but any
payment by the County may be offset by any amount the Vendor owes the County for any
reason.
Contract #006-20 15
Budget Line Item #404.67.00952.86650
10. TERMINATION PRIOR TO EXPIRATION OF CONTRACT TERM. County
has the right to terminate this contract, with or without cause, by giving written notice to
the Vendor of such termination and specifying the effective date thereof.
IL COUNTY'S REMEDIES UPON DEFAULTOF VENDOR. Whenever Vendor
shall default in performance of this contract in accordance with its terms, County shall be
entitled to suit for damages, specific performance or other relief in law or equity.
12. ASSIGNABLILITY. This contract is not assignable by either party. Any use of
subcontractors by the Vendor for performance of this contract must be accepted in writing
by the County.
13. BINDING ARBITRATION. Any disputes arising out of this contract shall be
subject to binding arbitration. The parties agree that any disputes concerning the terms
and conditions of this contract shall be submitted and finally settled by arbitration.
Arbitration shall be conducted pursuant to the rules of the American Arbitration
Association and shall be presided over by the Pitkin County Hearing Officer appointed to
arbitrate Pitkin County contract disputes. Costs of the arbitration shall be awarded to the
substantially prevailing party.
14. SEVERABILITY. In the event that any provision of this contract shall be held to
be invalid or unenforceable, the remaining provisions of this contract shall remain valid
and binding upon the parties hereto.
15. INTEGRATION AND MODIFICATION. This contract represents the entire and
integrated contract between the County and Vendor and supersedes all prior negotiations,
representations, or contract, either written or oral. This contract may be amended only by
written contract signed by both the County and Vendor.
16. EXEMPTIONS. All purchases of construction or building or any other materials
for this contract shall not include Federal Excise Taxes or Colorado State or local sales or
use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624
and 84-78000-5K.
17. CONTRACT MADE IN COLORADO. The parties agree that this contract was
made in accordance with the laws of the State of Colorado and shall be so construed.
Contract 9006-2015
Budget Line Item #404.67.00952.86650
Venue is agreed to be exclusively in the courts of Pitkin County, Colorado.
18. ATTORNEY'S FEES. In the event that legal action is necessary to enforce any of
the provisions of this contract beyond the arbitration described in Paragraph 13, the
substantially prevailing party shall be entitled to its costs and reasonable attorney's fees.
19. GOVERNMENTAL IMMUNITY. Vendor agrees and understands that the
County is relying on and does not waive, by any provision of this contract, the monetary
limitations or terms (presently $150,000 per person and $600,000 per occurrence) or any
other rights, immunities, and protections provided by the Colorado Governmental
Immunity Act, § 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise
available to the County or any of its officers, agents or employees. Further, nothing in this
contract shall he construed or interpreted to require or provide for indemnification of the
Vendor by the County for any injury to any person or any property damage whatsoever
which is caused by the negligence or other misconduct of the County or its agent or
employees.
20. CURRENT YEAR OBLIGATIONS. The parties acknowledge and agree that any
payments provided for hereunder or requirements for future appropriations shall
constitute only currently budgeted expenditures of Pitkin County as County. Pitkin
County's obligations under this contract are subject to Pitkin County's annual right to
budget and appropriate the sums necessary to provide the services set forth herein. No
provisions of the contract shall constitute a mandatory charge or requirement in any
ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of
the contract shall be construed or interpreted as creating a multiple -fiscal year direct or
indirect debt or other financial obligation of Pitkin County within the meaning of any
constitutional or statutory debt limitation. This contract shall not directly or indirectly
obligate Pitkin County to make any payments beyond those appropriated for Pitkin
County's then current fiscal year. No provisions of this contract shall be construed to
pledge or create a lien on any class or source of Pitkin County's moneys, nor shall any
provision of this contract restrict the future issuance of Pitkin County's bonds or any
obligations payable from any class or source of Pitkin County's money.
21. NOTICE. Any written notice required by this contract shall be deemed delivered
through any of the following: (1) hand delivery to the person at the address below; (2)
delivery by facsimile with confirmation of receipt to the fax number below; or (3) within
three (3) days of being sent certified first class mail, postage prepaid, return receipt
requested addressed as follows:
Contract #006-2015
Budget Line Item #404.67.00952.86650
A. To Pitkin County
Jonah Frank
76 Service center Rd.
Aspen, CO 81611
970920-5374
B. To Vendor:
Wagner Equipment Cc
Brian Shaver
2322 1-70 Frontage Road
Grand Junction, CO 81505
(970)242-2834
with copies to:
Pitkin County Attorney's Office
530 E. Main Street, #302
Aspen, Colorado 81611
Fax: (970) 920-5198
IN WITNESS WHEREOF, the parties have executed this contract as of the date first set
out herein above.
VENDOR: BOARDOF COUNTY COMMISSIONERS OF PITKIN
C O U NAT`Y_ ,COLORADO
By: Al i" 45w,-�N P � By.
Name/Company Date ounty IVFanager Date
By:
Fie(
'S ktSr-
4--1- Alyq+m 4152&-eAv
National Joint Powers Alliance® (herein NJPA)
REQUEST FOR PROPOSAL (herein RFP)
for the procurement of
HEAVY CONSTRUCTION EQUIPMENT TOGETHER WITH RELATED
ACCESSORIES, SUPPLIES, AND SERVICES
RFP Opening
June 3, 2011
8:00 AM Central Time
At the offices of the
National Joint Powers Alliance®
200 First Street Northeast, Staples, MN 56479
RFP #060311
The National Joint Powers Alliance® (NJPA) issues this request for proposal (RFP) to provide HEAVY
CONSTRUCTION EQUIPMENT TOGETHER WITH RELATED ACCESSORIES, SUPPLIES, AND SERVICES, on
behalf of ourselves and our Members from government, education, and non-profit agencies located in all 50 states and
potentially internationally. Details of this RFP are available beginning April 20, 201 land continuing until May 11, 2011.
Details and specifications may be obtained by letter of request to Gregg Meierhofer, NJPA, 200 First Street Northeast,
Staples, MN 56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until June 2, 2011 at 4:00 p.m. Central
Time at the above address and opened June 3, 2011 at 8:00AM Central Time.
The text above is the Public Notice to Proposers to be used by NJPA.
RFP Timeline
April 20, 1011 and • Publication of RFP in the print and online Minneapolis Star Tribune, the
April 27, 1011 NJPA website, and on the website ofnoticetobidders.com
May 11, 2011 . Deadline for RFP requests
May 13, 2011 10:OOAMCentral • Pre -Proposal Conference (webcast — conference call)
June 2, 1011 4:00 PM Central • Deadline for Submission of Proposals
June 3, 2011 8:OOAMCentral • Public Opening of Proposals
Direct questions regarding this RFP to:
Gregg Meierhofer at rrrerr.meierhoo1er(anipacoop.ora or(218)894-1930
RFP Procedures offers the methods for submitting questions.
Page 1 of 47
RFP 060311
TABLE OF CONTENTS
1. INTRODUCTION
6.
PROPOSAL OPENING PROCEDURE
A.
About NJPA
7.
EVALUATION
OF PROPOSALS
B.
Joint Exercise of Powers Laws
A.
Proposal evaluation process
C.
Why Propose a National Cooperative
B.
Proposer Responsiveness
Procurement Contract
C.
Proposal evaluation criteria
D.
The Intent of this RFP
D.
Cost Scoring Evaluation
E.
Scope of this RFP
E.
Product Testing
F.
Expectations for Products/Services
F.
Past performance information
being Proposed
G.
Waiver of formalities
G.
Certification — Firm offer to contract
8.
POST AWARD OPERATING ISSUES
2. DEFINITIONS
A.
Subsequent Agreements
A.
Proposer — Vendor
B.
NJPA Member sign-up procedure
B.
Contract
C.
Reporting of sale activity
C.
Time
D.
Audits
D.
Proposer's Response
E.
Hub Partner
E.
Currency
F.
Trade -Ins
3. INSTRUCTIONS
TO PREPARING YOUR
G.
Out of Stock Notification
PROPOSAL
H.
Termination of a Contract resulting from
A.
Pre -Proposal Conference
this RFP
B.
Identification of key personnel
9.
GENERAL TERMS AND CONDIITONS
C.
Proposer's exceptions to terms and
A.
Advertisement of RFP
conditions
B.
Advertising a Contract Resulting From
D.
Formal instructions to Proposers
this RFP
E.
Questions and answers about this RFP
C.
Applicable law
F.
Modification or withdrawal of a
D.
Assignment of Contract
submitted Proposal
E.
Proposers List
G.
Value added attributes,
F.
Captions, Headings, and Illustrations
products/services
G.
Confidential Information
H.
Certificate of Insurance
H.
Data Privacy
I.
Order Process and/or Funds Flow
1.
Entire Agreement
J.
Administrative Fees
J.
Force Majeure
4. PRICING STRATEGIES
K.
Gratuities
A.
Line -Item Pricing
L.
Hazardous Substances
B.
Percentage discount from catalog or
M.
Legal Remedies
category
N.
Licenses
C.
Hot List Pricing
O.
Material Suppliers and Sub -Contractors
D.
Ceiling Price
P.
Non -Wavier of Rights
E.
Volume Price Discounts
Q.
Protests of Awards Made
F.
Sourced Goods
R.
Provisions Required by Law
G.
Cost Plus a Percentage of Cost
S.
Public Record
H.
Total Cost of Acquisition
T.
Right to Assurance
1.
Requesting Product and Service
U.
Suspension or Disbarment Status
additions/deletions
V.
Human Rights Certificate
J.
Requesting Pricing Changes
W.
Severability
K.
Pricing and Products Changes Format
X.
Relationship of Parties
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
12.
ATTACHMENT 1 (I&M Price Sheet)
P.
Normal Working Hours
5. MARKETING
PLAN
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RFP 060311
1. INTRODUCTION
/sA\:I811118 JIVA
1_1 The National Joint Powers Alliance& (NJPA)- is a public agency serving as a national municipal
contracting agency established under the Service Cooperative statute by Minnesota Legislative Statute
§123A.21 with the authority to develop and offer, among other services, cooperative procurement
services to its membership. Eligible membership includes states, cities, counties, governmental agencies,
both public and non-public educational agencies, colleges, universities and non-profit organizations. This
Minnesota Statute also allows for service to NJPA Member agencies in Minnesota and all other states.
1_2 To this end, NJPA has established a series of procurement contracts with various Vendors of
productstservices which NJPA Members desire to procure. These procurement contracts are created in
compliance with applicable Minnesota Municipal Contracting Laws. A complete listing of NJPA
cooperative procurement contracts can be found at www.njnac000.ore.
1_3 NJPA's publicly elected Board of Directors calls for all proposals, awards all Contracts, and hosts
those resulting Contracts and offers them for the benefit of its Membership.
1.3.1 Subject to Approval of the Board: Any award of Contract made by an authorized NJPA
Employee will be subject to such action by the NJPA Board of Directors.
1_4 NJPA currently serves over 30,000 member agencies. Both membership and utilization of NJPA
Contracts continues to expand at exponential rates. The value of our Contracts driven to our Members is
reflected in our growth.
B. JOINT EXERCISE OF POWERS LAWS
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
of Powers Law" is Minnesota Statute §471.59 which states "Two or more governmental units ... may
jointly or cooperatively exercise any power common to the contracting parties..." Similar Joint Exercise
of Powers Laws for each State of the United States can be found on our website at
htt[)://www.nivacooi).ora(LEARN/About[Leval.html l.html and clicking on that state at the bottom of the web-
page -
C. WHY RESPOND TO A NATIONAL COOPERATIVE PROCUREMENT CONTRACT
1_6 National Cooperative Procurement Contracts create value for both Municipal buyers and their
Vendors of products/services in two ways:
1.6.1 We save the time and effort of many municipal buyers bringing individual procurement
proposals AND the time and effort of the Vendors in responding individually to those
invitations. A single invitation for a cooperatively held contract can replace potentially
thousands of invitations for the same items from individual NJPA Members.
1.6.2 We earn volume ourchasine discounts which are passed on to our Members. A single
awarded Proposal is likewise exposed to thousands of potential Municipal purchasing units
nationwide creating efficiency and savings to the business community as they sell products and
services to government and education agencies.
1_7 State laws that permit or encourage cooperative purchasing contracts do so with the belief that lower
prices, better overall value and time savings will be the result.
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RFP 060311
1_8 The collective purchasing power of thousands of NJPA Members nationwide offers the opportunity
for volume pricing discounts. Although no volume is guaranteed by a Contract resulting from this RFP,
substantial volume is anticipated and volume pricing is requested and justified.
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 Members the ability to more directly
compare non -price factors in their procurement analysis and it offers Vendors the opportunity to display
those attributes without the timing and interpretation constraints of a typical individual proposal process.
D. THE INTENT OF THIS RFP
1.10 The intent of this RFP is to award an Exclusive Single Award Contract to a qualifying manufacturer
or authorized distributor demonstrating a solution which meets and/or exceeds the requirements of NJPA
and its Members within the scope of HEAVY CONSTRUCTION EQUIPMENT TOGETHER WITH
RELATED ACCESSORIES, SUPPLIES, AND SERVICES. Qualifying Proposers must be able to
demonstrate the knowledge of any and all applicable industry standards, laws and regulations; and the
ability to both market to and service NJPA Members in all 50 states. All proposals received will be
evaluated based on (among several other factors) their ability to provide the greatest utility to NJPA and
NJPA Members and across the widest spectrum of products and services.
1.11 NJPA desires a relationship with a vendor providing a broad array of equipment, products, supplies,
accessories and services anticipated and generally requested and desired by NJPA members from the
HEAVY CONSTRUCTION EQUIPMENT TOGETHER WITH RELATED ACCESSORIES,
SUPPLIES, AND SERVICES industry. Those products and services must include those most commonly
used and desired by NJPA and its Members. NJPA is seeking a Prime and Exclusive Vendor relationship
to best serve the overall needs of NJPA and NJPA Members nationally.
1.12 Non -Manufacturer Awards: NJPA reserves the right to make an award related to this invitation to
a non -manufacturer such as a dealer/distributor if such action is in the best interests of NIPA and its
Members.
1.13 Multiple Awards: Although it is NJPA's intent to award a contract to a single Vendor, NJPA
reserves the right to award a Contract to multiple Proposers where the responding Proposers are deemed
to lack the ability to appropriately service a national contract or such action is deemed to be in the best
interests of NJPA and its Members
1.14 Award by Board of Directors: An Award of Contract may be made by the NJPA Board of
Directors based on the recommendation of the NJPA Proposal Review Committee and on the best
interests of NJPA and its Members. NJPA is seeking a Prime, Exclusive Vendor relationship(s) to meet
this need. The goal and intent of this RFP is to follow through with a proposal award and contract to be
marketed nationally through a cooperative effort between the awarded vendor(s) and NJPA to its
participating members.
1.15 Best Responsive — Responsible Proposer: It is the intent of NJPA to award a Contract to the best
responsible and responsive Proposer(s) offering the best overall quality and selection of products/services
and services meeting the commonly requested specifications of the NJPA and NJPA Members, provided
the Proposer's Response has been submitted in accordance with the requirements of this RFP.
1.16 Sealed Proposals: NJPA will receive sealed proposal responses to this RFP in accordance with
accepted standards set forth in the Minnesota Procurement Code and Uniform Municipal Contracting
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 Members.
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
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RFP 060311
reserve the right to obtain like goods and services solely from this Contract or from another contract
source of their choice.
1.18 NJPA's interest in a contract resulting from this RFP: Not withstanding its own use, to the extent
NJPA issues this RFP and any resulting contract for the use of its Members, NJPA's interests and liability
for said use shall be limited to the competitive proposal process performed and terms and conditions
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.
1.19 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:
1.19.1 Scope of Products/Services: NJPA desires a single provider for the broadest possible
scope of the goods and services being proposed over the largest possible geographic area and to
the largest possible cross-section of NJPA Members.
1.19.2 Vendor use of sub -contractors in sourcing or delivering goods and services: NJPA
desires a single source of responsibility for products/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 proposed.
Vendor assumes all responsibility for the products/services and actions of any such Sub -
Contractor.
E. SCOPE OF THIS RFP
1.20 Additional Definition for the scope of this solicitation.
1.20.1 In addition to HEAVY CONSTRUCTION EQUIPMENT TOGETHER WITH
RELATED ACCESSORIES, SUPPLIES, AND SERVICES, this solicitation should be read
to include:
1.20.1.1 None.
1.20 Solutions Based Invitation:
1.20.1 All potential Proposers are assumed to be professionals in their respective fields. As
professionals you are deemed to be intimately familiar with the spectrum of NJPA and NJPA
Member's current and future needs and requirements with respect to the scope of this RFP.
1.20.2 With this intimate knowledge of NJPA and NJPA Member's needs, Proposers are
instructed to provide their broadest 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.
1.20.3 Multiple solutions to the needs of NJPA and NJPA Member's are possible. Examples
could include:
1.20.3.1 Materials Only Solution: A Materials Only Solution may be appropriate for
situations where NJPA or NJPA Members possess the ability, either in-house or through
local third parry contractors, to properly install and bring to operation those materials
being proposed.
1.20.3.2 Turn -Key Solutions: A Turn -Key Solution is combination of materials and
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RFP 060311
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
NJPA Members may not possess, or desire to engage, personnel with the necessary
expertise to complete these tasks internally or through other independent contractors
1.203.3 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.
1.203.4 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.
1.21 Geographic Area to be Proposed: This RFP invites proposals to provide HEAVY
CONSTRUCTION EQUIPMENT TOGETHER WITH RELATED ACCESSORIES, SUPPLIES,
AND SERVICES to NJPA and NJPA Members throughout the entire United States and possibly
internationally. Proposers will be expected to express willingness to explore service to NJPA Members
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.
1.22 Manufacturer as a Proposer: If the Proposer is a Manufacturer or wholesale distributor, the
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
wholesale distributor Proposer and its Dealer Network may be proposed at the time of the proposed
submission if that fact is properly identified.
1.23 Dealer/Re-seller as a Proposer: If the Proposer is a dealer or re -seller of the products and/or
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
authority to offer those products and/or services.
1.24 Contract Term: A contract resulting from this RFP will become effective the date established in the
"Offering and Award" (Form D). NJPA is seeking a Contract base term of four years subject to annual
renewals as allowed by Minnesota Contracting Law. Full term is expected, however will only occur
through 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 of
NJPA and its Members.
1.25 Minimum Contract Value: NJPA anticipates considerable activity resulting from this RFP and
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.
1.26 Estimated Contract Volume: Estimated quantities and sales volume are based on potential usage
by NJPA and NJPA Members.
1.27 Largest Possible Solution: If applicable, Contracts will be awarded to Proposer(s) able to deliver a
proposal meeting the entire needs of NJPA and its Members within the scope of this RFP. NJPA prefers
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 products/services proposals as a part
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of the award.
1.28 Contract Availability: This Contract must be available to all current and potential NJPA Members
who choose to utilize this NJPA Contract to include all governmental agencies, public and private
primary and secondary education agencies, and all non-profit organizations nationally.
1.29 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.
F. EXPECTATIONS FOR PRODUCTS/SERVICES BEING PROPOSED
1.30 Industry Standards: Except as contained herein, the specifications or solutions for this RFP
shall be those accepted guidelines set forth by the HEAVY CONSTRUCTION EQUIPMENT
TOGETHER WITH RELATED ACCESSORIES, SUPPLIES, AND SERVICES industry, as they
are generally understood and accepted within that industry across the nation. Submitted products/services,
related services, and their warranties and assurances are required to meet and/or exceed all current,
traditional and anticipated needs and requirements of NJPA and its Members.
1.30.1 Deviations from industry standards must be identified by the Proposer and
explained how, in their opinion, the products/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.
1.30.2 Technical Descriptions/Specifications. Bidder's must supply sufficient information to:
• Demonstrate the Bidder's knowledge of industry standards, and
• identify the products and services being bid, and
• differentiate those products and services from others.
Excessive technical descriptions and specifications which, in the opinion of NJPA, unduly
enlarges the bid response may reduce evaluation points awarded on Form G.
1.31 Important note: NJPA does not typically offer specific product and service specifications; rather
NJPA is requesting an industry standard or accepted specification for the requested products and services.
Where specific line items are specified, those line items should be considered the minimum which can be
expanded by the Proposer to deliver the Proposer's "Solution" to NJPA and NJPA Member's needs.
1.32 Commonly used Goods and Services: It is important that the products/services submitted are the
products/services commonly used by public sector entities.
1.33 New Current Model Goods: Proposals submitted shall be for new, current model products
and services with the exception of certain close-out products allowed to be offered on the
Proposer's "Hot List" described herein.
1.34 Compliance with laws and standards: All items supplied on this Contract shall comply with any
current applicable safety or regulatory standards or codes.
1.35 Delivered and operational; Products offered herein are to be proposed based upon being delivered
and operational at the NJPA Member's site. Exceptions to "delivered and operational" must be explicitly
disclosed in the "Total Cost of Acquisition" section of your proposal response.
1.36 Warranty: The ProposerNendor warrants that all products, equipment, supplies, and services
delivered under this Contract shall be covered by the industry standard or better warranty. All products
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and equipment should carry a minimum industry standard manufacturer's warranty that includes materials
and labor. The Proposer has the primary responsibility to submit, as a part of Tab 7, product specific
warranty as required and accepted by industry standards. Dealer/Distributors agree to assist the purchaser
in reaching a solution in a dispute over warranty's terms with the manufacturer. Any manufacturer's
warranty which is effective past the expiration of the warranty will be passed on to the NJPA member.
Failure to submit a minimum warranty may result in the non -award.
1.37 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
in all respects to the terms of this RFP including any specifications or standards. In addition,
ProposerNendor warrants the goods and services are suitable for and will perform in accordance with the
purposes for which they were intended.
1.38 Authorized Representitive: Proposer must be officially authorized to manufacturer, distribute, or
re -sell the products and services proposed.
G. CERTIFICATION — FIRM OFFER TO CONTRACT
1.38 By execution and delivery of a proposal, Proposer certifies:
1. The submission of the offer did not involve collusion or any other anti- competitive practices;
2. The ProposerNendor shall not discriminate against any employee or applicant for employment
in violation of Federal and State Laws (see Federal Executive Order 11246);
3. The Proposer has not given, offered to give, nor intends to give at any time hereafter any
economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or
service to a public servant in connection with the submitted offer (see Gratuities); and,
4. The Proposer agrees to promote and offer to Members only those products/services and/or
services as previously stated, allowed, and deemed a resultant of the contract(s) as NJPA
contract items or services. This clause shall include any future product or service additions as
allowed through Contract additions.
1.39 A response to this RFP is a firm offer to Contract with the NJPA based upon the goals, intent, terns,
and conditions and scope of products/services contained in and referenced to in this invitation.
1.40 All stated terms and conditions, expectations to include the goals, intent and scope of this RFP as
described as a part of this RFP, are to be considered binding under the signatures of authorized parties and
are part of the Contract.
H. PRE -PROPOSAL CONFERENCE
1.41 A Pre -Proposal Conference (Webcast — Conference Call) will be held at the date and time identified
on the title page for this proposal.
1.42 An invitation with access instructions will be sent via e-mail to all inquirer's the morning following
the deadline for proposal inquiries (the day before the conference).
1.43 The purpose for the conference is to allow for questions from the Potential Bidders AND to allow for
input from the Potential Bidders regarding perceived improvements to this RFP.
2. DEFINITIONS
A. PROPOSER - VENDOR
2_1 Exclusive Vendor- A sole Vendor awarded in a product category. NJPA reserves the right to award
to an Exclusive Vendor in the event that such an award is in the best interests of NJPA Members. Such a
Proposer must exhibit the ability to offer an outstanding overall program and demonstrate the ability and
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willingness to serve NJPA Members in all 50 states, and comply with all other requirements of this RFP.
2_2 Potential Proposer- A person or entity requesting a copy of this RFP.
2_3 Proposer- A company, person, or entity delivering a timely response to this RFP.
2_4 Vendor- One of a number of Proposers whose proposal has been awarded a contract pursuant to this
RFP.
2_5 Request for Proposal- Herein referred to as RFP
B.CONTRACT
2_6 "Contract" as used herein shall mean cumulative documentation consisting of this RFP, an entire
Proposer's response, and a fully executed "Acceptance and Award" pursuant to this RFP.
C. TIME
2.7 Periods of time, stated as number of days, shall be in calendar days.
D. PROPOSER'S RESPONSE
2_8 A Proposer's Response is the entire collection of documents as they are received by NJPA from a
Potential Proposer in response to this RFP.
E. CURRENCY
F. FOB
2_9 All transactions are payable in U.S. dollars on U.S. sales. All administrative fees are to be paid in
U.S. dollars.
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 the transfer
of responsibility for loss are transferred from Seller to Buyer at the Buyer's designated delivery point.
2.11 FOB does not identify whom is responsible for the costs of shipping. The responsibility for the costs
of shipping is addressed elsewhere in this document.
3. INSTRUCTIONS TO PREPARING YOUR PROPOSAL
A. PRE -PROPOSAL CONFERENCE
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
to questions asked before or during the Pre -proposal Conference shall be considered binding.
B. IDENTIFICATION OF KEY PERSONNEL
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
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may arise including instructions regarding different contacts for different geographical areas as needed.
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.
C. PROPOSER'S EXCEPTIONS TO TERMS AND CONDITIONS
3_4 Any exceptions, deviations, or contingencies a Proposer may have to the terms and conditions
contained herein must be documented on Form C.
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.
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
item or requirement that may not be clear and to check all responses for accuracy before submitting a
Proposal. Negligence in preparing a Proposal confers no right of withdrawal after the deadline for
submission of proposals.
3_7 All proposals must be sent to "The National Joint Powers Alliance®, 200 I" ST NE Staples, MN
56479."
3_8 Format for bid response: All proposals must be physically delivered to NJPA® at the above address
in the following format:
3.&1 Hard copy Original signed, completed, and dated forms C,D, E, H, and I from this RFP,
3.&2 Hard copies of all addenda issued for the RFP counter signed by the Proposer,
3.8.3 Certificate of insurance verifying the coverage identified in this RFP (the addition of an
"Additional Insured" designation will be required if your bid is awarded),
3.8.4 Two complete copies of your response on electronic media (Compact Disc or flash drive)
containing completed Forms A,B,C,D,E,H, and 1, and your statement of products and pricing
together with all appropriate attachments
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.
3.10 Proposal submissions should be submitted using the electronic forms provided. If a Proposer chooses
to use alternative documents for their response, the proposer will be responsible for ensuring the content
is effectively equal to the NJPA form and the document is in a format readable by NJPA.
3.11 It is the responsibility of the Proposer to be certain the proposal submittal is in the physical
possession of NJPA on or prior to the deadline for submission of proposals.
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.
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.
3.13 Addendums to the RFP: The Proposer is responsible for ensuring receipt of all addendums to this
RFP.
3.13.1 Proposer's are responsible for checking directly with NJPA, or checking the NJPA website
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for addendums to this RFP.
3.13.2 Addendums to this RFP can change terms and conditions of the RFP including the
deadline for submission of proposals.
F. QUESTIONS AND ANSWERS ABOUT THIS RFP
3.14 Upon examination of this RFP document, Proposer shall promptly notify the Manager of Bids and
Contracts of any ambiguity, inconsistency, or error they may discover. Interpretations, corrections and
changes to this RFP must be made by addendum. Interpretations, corrections, or changes made in any
other manner will not be binding and Proposer shall not rely upon such.
3.15 Submit all questions about this RFP, in writing, referencing "HEAVY CONSTRUCTION
EQUIPMENT TOGETHER WITH RELATED ACCESSORIES, SUPPLIES, AND SERVICES to
Gregg Meierhofer, NJPA, 200 First Street NE, Staples, MN 56479 or RFP@njpacoop.org. Those not
having access to the Internet may call Gregg Meierhofer at (218) 894-1930 to determine if addenda have
been issued or to request copies of the RFP. Requests for additional information or interpretation of
instructions to Proposers or technical specifications shall also 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 (7's) calendar day prior to proposal due -date cannot be answered.
3.16 If the answer to a question is deemed by NJPA to have a material impact on other potential proposers
or the RFP itself, the answer to the question will become an addendum to this RFP.
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
documentation of that question is required.
3.18 As used in this solicitation, clarification means communication with a Potential Proposer for the sole
purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the RFP.
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
using the same method of delivery of the original RFP material. NJPA accepts no liability in connection
with the delivery of said materials. Copies of addenda will also be made available on the NJPA website
at www.ninacoon.ore by clicking on "Current Proposals" and from the NJPA offices. No addenda will be
issued later than five (5) days prior to the deadline for receipt of proposals, except an addendum
withdrawing the request for proposals or one that includes postponement of the date of receipt of
proposals. Each Potential Proposer shall ascertain prior to submitting a Proposal that it has received all
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
time specified for opening of all proposals.
G. MODIFICATION OR WITHDRAWAL OF A SUBMITTED PROPOSAL
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
to the NJPA Manager of Bids and Contracts. Such notice shall be submitted in writing and include the
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
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.
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H. VALUE ADDED ATTRIBUTES, PRODUCTS/SERVICES
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
proposed. The availability of a contract for maintenance or service after the initial sale, installation, and
set-up may, for instance, be "Value Added Services" for products where a typical buyer may not have the
ability to perform these functions.
3.23 Where to document Value Added Attributes: The opportunity to indicate value added dimensions
and such advancements will be available in the Proposer's Questionnaire and Proposer's product and
service submittal and must be tabbed under Tab 5.
3.24 Value added products/services and expanded services, as they relate to this RFP, will be given
positive consideration in the award selection. Consideration will be given to an expanded selection of
HEAVY CONSTRUCTION EQUIPMENT TOGETHER WITH RELATED ACCESSORIES,
SUPPLIES, AND SERVICES, and advances to provide products/services, supplies 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 products/services and training. Value added could include areas of product and service, sales,
ordering, delivery, performance, maintenance, technology, and service that furthers the functionality and
effectiveness of the procurement process while remaining within the scope of this RFP.
3.25 Minority, Small Business, and Women Business Enterprise (WMBE) participation: It is the
policy of some NJPA Members to involve Minority, Small Business, and WMBE contractors in the
purchase of goods and services. Vendors should document WMBE status for their organization AND any
such status of their affiliates (i.e. Supplier networks) involved in carrying out the activities invited. The
ability of a Proposer to provide "Credits" to NJPA and NJPA Members in these subject areas, either
individually or through related entities involved in the transaction, will be evaluated positively by NJPA.
NJPA is committed to facilitating the realization of such "Credits" through certain structuring techniques
for transactions resulting from this RFP.
3.26 Environmentally Preferred Purchasing Opportunities: There is a growing trend among NJPA
Members to consider the environmental impact of the products/services they purchase. Please identify
any "Green" characteristics of the goods and services in your proposal and identify the sanctioning body
determining that characteristic. Where appropriate, please indicate which products have been certified as
"green" and by which certifying agency.
3.27 On -Line Requisitioning systems: When applicable, on-line requisitioning systems will be viewed
as a value-added characteristic. Proposer shall include documentation about user interfaces that make on-
line ordering easy for NJPA Members as well as the ability to punch -out from mainstream eProcurement
or Enterprise Resource Planning (ERP) systems that NJPA Members may currently utilize.
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.
1. CERTIFICATE OF INSURANCE
3.29 Proposer shall procure and maintain insurance which shall protect the Proposer and NJPA (as an
additional insured) from any claims for bodily injury, property damage, or personal injury covered by the
indemnification obligations set forth herein. The Proposer shall procure and maintain the insurance
policies described below at the Proposer's own expense and shall furnish to NJPA an insurance certificate
listing the NJPA as certificate holder and as an additional insured. The insurance certificate must
document that the Commercial General Liability insurance coverage purchased by the Proposer includes
contractual liability coverage applicable to this Contract. In addition, the insurance certificate must
provide the following information: the name and address of the insured; name, address, telephone number
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and signature of the authorized agent; name of the insurance company (authorized to operate in all fifty
United States); a description of coverage in detailed standard terminology (including policy period, policy
number, limits of liability, exclusions and endorsements); and an acknowledgment of notice of
cancellation to the NJPA.
3_30 Proposer is required to maintain the following insurance coverage's during the term of the NJPA
Contract:
(1) Workers Compensation Insurance (Occurrence) with the following minimum coverage's: Bodily
injury by accident --per employee $100,000; Bodily injury by disease --per employee $100,000; Policy
limits $500,000. In addition, Proposer shall require all subcontractors occupying the 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
employee $100,000; Bodily injury by disease --per employee $100,000; Policy limits $500,000.
(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 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.
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
filed with NJPA prior to commencement of any work under the contract. The foregoing policies shall be
obtained from insurance companies licensed to do business nationally and shall be with companies
acceptable to NJPA, which must have a minimum AM Best rating of A-. All such coverage shall remain
in full force and effect during the term and any renewal or extension thereof.
3.32 Within ten (10) days of contract award, the Proposer must provide NJPA with two (2) Certificates of
Insurance. Certificates must reference NJPA RFP 060311 by number.
J. ORDER PROCESS AND/OR FUNDS FLOW
3.33 Please propose an order process and funds flow in Tab 6 for your proposal. Please choose from one
of the following:
3.33.1 B -TO -G: The Business -to -Government order process and/or funds flow model involves
NJPA Members issuing Purchase Orders directly to a Vendor and pursuant to a Contract resulting
from this RFP.
3.33.3 Other: Please fully identify.
K. ADMINISTRATIVE FEES
3.34 Proposer agrees to authorize and/or allow for an administrative fee payable to NJPA by an Awarded
Vendor in exchange for its facilitation and marketing of a Contract resulting from this RFP to current and
potential NJPA Members. This Administration Fee shall be:
3.34.1 Calculated as a percentage of the dollar volume of all products/services provided to and
purchased by NJPA Members or calculated as reasonable and acceptable method applicable to the
contracted transaction, and
3.34.2 Included in, and not added to, the pricing included in Proposer's Response to this RFP, and
3.34.3 Set based on 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.
3.34.3.1 Typical administrative fees for a B -TO -G order process and funds flow is 2.0%.
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3.35 The opportunity to propose these factors and an appropriate administrative fee is available in the
Proposer's Questionnaire, and submitted in Tab 9 of your response.
4. PRICING STRATEGIES
4_1 NJPA requests Potential Proposers respond to this RFP only if they are able to offer a wide array of
products/services and at prices lower and better value than what they would ordinarily offer to single
government agency, larger school district, or regional cooperative.
4_2 RFP is an "Indefinite Quantity Product/Service Price Request" with potential national sales
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
solution in an alternative fashion, describe your solution to be easily understood. All pricing must be
tabbed and organized under Tab 9, and copied on a CD along with other requested information as a part
of a Proposer's Response.
4_3 Regardless of the payment method selected by NJPA or NJPA Member, a total cost associated with
any purchase option of the products/services and being supplied must always be disclosed at the time of
purchase.
4_4 Primary Pricing/Secondary Pricing Strategies- All Proposers will be required to submit "Primary
Pricing" in the form of "Index and Multiplier Pricing, "Line -Item Pricing," or "Percentage Discount from
Catalog Pricing," or a combination of these pricing strategies. Proposers are also encouraged to offer
OPTIONAL pricing strategies including "Hot List," "Sourced Goods," and "Volume Discounts," as well
as financing options such as leasing.
A. LINE -ITEM PRICING
4_5 Line -Item pricing- A pricing format where specific individual products and/or services are offered at
specific individual Contract prices. Products and/or services are individually priced and described by
characteristics such as manufacture name, stock or part number, size, or functionality. This method of
pricing offers the least amount of confusion as products and prices are individually identified, however
Proposers with a large number of products to propose may find this method cumbersome. In these
situations, a percentage discount from catalog or category pricing model may make more sense.
4_6 Unit Pricing: Unit Pricing is a line -item technique of pricing for services including the related
materials for those services on a unitized basis. The unitized basis may be per quantitative measure such
as per square foot, per lineal foot or per occurrence. As an example (not necessarily related to the scope
of this RFP) , sheetrock may be line item priced as a product only, delivered to the end users location,
AND unit priced delivered and installed at that end users location. The sheetrock, hung and taped, is a
logical combination of product and service and could be priced per square foot. Whether pricing services,
or logical combinations of products and services, pricing per unit of product and services must be quoted
(i.e. cost per square foot of sheetrock hung and taped).
4_7 All Line -Item Pricing items must be numbered, organized, sectioned, including SKU's (when
applicable) and easily understood by the Proposal Review Committee and members.
4_8 Line -Item Pricing items are to be submitted in an Excel spreadsheet format and are to include all
appropriate identification information necessary to discern the line item from other line items in each
Proposer's proposal.
4_9 The purpose for the excel spreadsheet format for Line -Item Pricing is to be able to use the "Find"
function to quickly find any particular item of interest. For that reason, Proposers are responsible for
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.
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4.10 All products and services typically appearing on an invoice or price quote must be individually
priced and identified on the line -item price sheet, including any and all ancillary costs.
4.11 Proposers are asked to provide both a "List" price as well as a "Proposed Contract Price" in their
pricing matrix. "List" price will be the standard "quantity of one" price currently available to government
and educational customers excluding cooperative and volume discounts
B. PERCENTAGE DISCOUNT FROM CATALOG OR CATEGORY
4.12 Percent Discount From Catalog, list or Category Pricing- A specific percentage discount from a
"Catalogue or List Price" defined as a published manufacturers list, or catalog price for the products or
services being proposed.
4.12.1 Catalogue or List Price means the price included in a catalogue,
price List, schedule, or other form that:
(a) is regularly maintained by a manufacturer or contractor,
(b) is either published or otherwise available for inspection by customers, and
(c) states prices at which sales are currently or were last made to a significant number of
any category of buyers or buyers constituting the general buying public for the supplies or
services involved,
4.13 Individualized percentage discounts can be applied individually to any number of defined product
groupings. Product groupings can be defined by manufacturer, product type, or other factor as long as
the Proposer sufficiently defines those product groupings
4.14 A Percentage Discount from Catalog or Category Pricing offered by the Proposer is acceptable if
the products and equipment are far too numerous to name and price individually.
4.15 A Percentage Discount from Catalog or Category Pricing identifies a percentage discount to be
applied to a "Catalogue or List" for products from one or more published catalogs. The `Base Price" will
be the price generally applicable to government and education customers absent the discounts
contemplated herein. The catalog may be published by the Proposer or by the Proposer's supplier.
4.16 When a Proposer elects to use "Percentage Discount from Catalog or Category," Proposer will be
responsible for providing and maintaining current "Base or List Pricing" with NJPA both in their proposal
and throughout the term of any Contract resulting from this RFP.
4.17 NJPA reserves the right to review catalogs submitted to determine if the represented products and
services reflect the scope of this bid. 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
be grounds for terminating the Contract for convenience. New optional accessories for equipment may be
added to the Contract at the time they become available.
C. HOT LIST PRICING
4.18 Where applicable, NJPA also invites the Vendor, at their option, to offer a specific selection of
products/services, defined as a Hot List Pricing, at greater discounts than those listed in the standard
Contract pricing. All product/service pricing, including the Hot List Pricing, must be submitted in hard
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 products/services is optional. Products/services may be added or
removed from the "Hot List" at any time provided that current "Hot List" prices are provided to NJPA at
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all times.
4.19 Hot List pricing when applicable may also be used to discount and liquidate close-out and
discontinued products/services as long as those close-out and discontinued items are clearly labeled as
such. Current ordering process and administrative fees apply. This option must be published and made
available to all NJPA Members.
4.20 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
with NJPA.
D. CEILING PRICE
4.21 Proposal pricing is to be established as a ceiling price. At no time may the proposed
products/services be offered pursuant to this Contract at prices above this ceiling price without approval
by NJPA. Prices may be reduced to allow for volume considerations and to meet the specific and unique
needs of an NJPA Member.
4.22 Allowable specific needs may include certain purchase volume considerations or the creation of
custom programs based on the individual needs of NJPA Members.
E. VOLUME PRICE DISCOUNTS
4.23 Proposers are free to offer volume discounts from the quantity -of -one pricing documented in a
Contract resulting from this RFP. Volume considerations shall be determined between the Vendor and
individual NJPA Members on a case-by-case basis.
4.24 Nothing in this Contract establishes a favored member relationship between the NJPA or any NJPA
Member and the Vendor. The Vendor will, upon request by NJPA Member, extend this same reduced
price offered or delivered to another NJPA Member provided the same or similar volume commitment,
specific needs, terms, and conditions, a similar time frame, seasonal considerations and provided the same
manufacturer support is available to the Vendor.
4.25 All price adjustments are to be offered equally to all NJPA Members exhibiting the same or
substantially similar characteristics such as purchase volume commitments, and timing including the
availability of special pricing from the Vendor's suppliers.
F. SOURCED GOODS
4.26 NJPA and NJPA Members may, from time to time, request goods and/or products/services within
the scope of this RFP which are not included in an awarded Vendor's line -item product /service listing or
"list or catalog" known as Sourced Goods.
4.27 An awarded Vendor resulting from this RFP may "Source' these products/services for NJPA or
NJPA Member to the extent they:
4.27.1 Include in their bid response a cost -plus -percentage -of -cost pricing factor for such Sourced
goods and services, and
4.27.2 Provide as many quotes for the Member's "Total Cost of Acquisition" for the goods and
services to be sourced as may reasonably be required by NJPA Member.
4.27.3 Provide "Sourced Goods" only to the extent that they are incidental to the total transaction
being contemplated.
G. COST PLUS A PERCENTAGE OF COST
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4.28 Except as provided in "Sourced Goods" above, cost plus a percentage of cost as a primary pricing
mechanism is not desirable.
H. TOTAL COST OF ACQUISITION
4.20 The Total Cost of Acquisition for the products/services being proposed, including those payable by
NJPA Members to either the Proposer or a third party, shall be disclosed in the Proposer's Response
including but not limited to:
• The capitalized cost of the listed products/services being proposed,
• The cost of accessories, alterations, and customizations typically incurred in the acquisition of the
products/services being proposed.
• The cost of delivery, setup and installation (where applicable) of the products/services and any
accessories being proposed.
• Other costs, where applicable, typically associated with the purchase, delivery, set-up, and
installation of the products/services being proposed and making it operational at the purchaser's
site.
4.30 The Total Cost of Acquisition is to be stated "As Proposed." As an example, a materials only
proposal, or portions of proposals, must include the total cost of acquisition for those materials delivered.
In contrast, the Total Cost of Acquisition for a tum -key proposal must include the total costs to be
incurred in the process of delivering that combination of products/services.
I. REQUESTING PRODUCT AND SERVICE ADDITIONS/DELETIONS
4.31 Requests for product, service, and price additions, deletions, or changes must be made in written
form and shall be subject to approval by NJPA.
4.32 New products/services may be added to a Contract resulting from this RFP at any time during that
Contract to the extent those products/services are within the scope of this RFP. Those requests are subject
to review and approval of NJPA. Allowable new products/services generally include new updated
models of products/services and or enhanced services previously offered which could reflect new
technology and improved functionality.
4.33 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
within the scope of this RFP.
4.34 NJPA's due diligence in analyzing any request for change is to determine if approval of the request
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
proposal brings to NJPA and NJPA Members.
4.35 Documenting the `Best Interests of NJPA and NJPA Members" when out -dated equipment is being
deleted is fairly straight forward since the product is no longer available and not relevant to the
procurement Contract.
4.36 Requests must be in the form of 1) a cover letter to NJPA a) asking to add the product line, b)
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
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.
4.37 NJPA's intent here is to encourage Proposers to provide and document NJPA's due diligence in a
clear and concise one page format on which we can stamp and sign our acknowledgment and acceptance.
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This information must ultimately come from Proposers, and NJPA is requiring it in this format.
J. REQUESTING PRICING CHANGES
4.38 Price Decreases: Requests for standard Contract price decrease adjustments (percentage discount
increases) are encouraged and will be allowed at any time based on market place efficiencies, market
place competitiveness, improved technologies and/or improved methods of delivery or if Vendor engages
in innovative procurement practices such as strategic sourcing, aggregate and volume purchasing. NJPA
expects Vendors to propose their very best prices and anticipates price reductions due to the advancement
of technologies and market place efficiencies. Documenting the "Best Interests of NJPA and NJPA
Members' is pretty easy when we are documenting price reductions.
4.39 Price increases: Requests for standard contract price increases (or the inclusion of new generation
products/services/services at higher prices) can be made at any time. These requests will again be
evaluated by NJPA based on the best interests of NJPA and NJPA Members. As an example, typically
acceptable requests for price increases for existing products/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 products/services enhance or improve on the current solutions currently offered as well
as cite increases in utility of the new compared to the old. Vendors are 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.
4.40 Price Change Request Format: An awarded Proposer will use the format of a cover letter
requesting price increases in general terns (a 5% increase in product line X) and stating their justification
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
appropriate, both current and proposed pricing. Attachments such as letters from suppliers announcing
price increases are appropriate for documenting your requests here.
K. PRICE AND PRODUCT CHANGES FORMAT
4.41 NJPA's due diligence regarding product and price change requests is to consider the reasonableness
of the request and document consideration on behalf of our members. We would appreciate it if you
would send the following documentation to request a pricing change:
4.41.1 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?
iv. Any additions or deletions from the previous product list and the reason for
the changes.
b. The specifics of the product/services and price changes will be listed in the excel
spreadsheets indentified below. Please take a more general "Disclosure" approach to
identifying changes in the cover letter.
i. if appropriate, for example, state, "All paper products/services increased 5 %
in price due to transportation costs."
ii. If appropriate, for instance, state, "The 6400 series floor polisher added to the
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 201/o discount from previous pricing until
remaining inventory is liquidated."
4.41.2 An excel spreadsheet identifying all products/services being offered and their pricing.
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Each subsequent pricing update will be saved using the naming convention of "[Vendor Name]
pricing effective XX/XX/XXXX."
a. Include all products/services regardless of whether their prices have changed. By
observing this convention we will:
i. Reduce confusion by providing a single, easy to find, current pricing sheet for
each Vendor.
ii. Create a historical record of pricing.
L. SINGLE STATEMENT OF PRICING/HISTORICAL RECORD OF PRICING
4.42 Initially; and with each request for product addition, deletion, and pricing change; all
products/services and services available, and the prices for those products/services and services will be
stated in an Excel workbook. The request for price changes described above 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.
4.43 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.
4.44 All products/services together with their pricing, whether changed within the request or remaining
unchanged, will be stated on each "Pricing" sheet created as a result of each request for product, service,
or pricing change.
4.45Each 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.
M. PAYMENT TERMS
4.46 Payment terms will be defined by the Proposer in the Proposer's Response. Proposers are
encouraged to offer payment terms through P Card services.
4.47 Leasing- If available, identify any leasing programs available to NJPA and NJPA Members as part of
your proposed. Proposers should submit an example of the lease agreement to be used. Proposers should
identify:
• General leasing terms such as:
o The percentage adjustment over/under an index rate used in calculating the internal rate
of return for the lease; and
o The index rate being adjusted; and
o The "Purchase Option" at lease maturity ($1, or fair market value); and
o The available term in months of lease(s) available.
• Leasing company information such as:
o The name and address of the leasing company; and
o Any ownership, common ownership, or control between the Proposer and the Leasing
Company
N. SALES TAX
4.48 Sales and other taxes, where applicable, shall not be included in the prices quoted. Vendor will
charge state and local sales and other taxes on items for which a valid tax exemption certification has not
been provided. Each NJPA Member is responsible for providing verification of tax exempt status to
Vendor. When ordering, if applicable, NJPA Members must indicate that they are tax exempt entities.
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.
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5 M1
4.49 Shipping program for material only proposals, or sections of proposals, must be defined and tabbed
under Tab 9 as a part of the cost of goods. If shipping is charged to NJPA or NJPA Member, only the
actual cost of delivery may be added to an invoice. Shipping charges calculated as a percentage of the
product price may not be used, 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.
4.50 Any shipping cost charged to NJPA or NJPA Members will be considered to be part of "proposal
pricing."
4.51 Additional costs for expedited deliveries will be at the additional shipping or handling expense to the
NJPA Member.
4.52 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.
4.53 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
custom freight programs.
4.54 Proposals containing restocking fees are less advantageous than those not containing re -stocking
fees. That being said, certain industries cannot avoid restocking fees. Certain industries providing made to
order goods may not allow returns. With regard to returns and restocking fees, Proposers will be
evaluated based on the relative flexibility extended to NJPA and NJPA Members relating to those
subjects. Where used, restocking fees in excess of 15% will not be considered excessive. Restocking fees
may be waived, at the option of the ProposerNendor. Indicate all shipping and re -stocking fees in price
program under Tab 9.
4.55 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
or shipment at the convenience of the member.
4.56 Unless specifically stated otherwise in the "Shipping Program" of a Proposer's Response, all prices
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,
Vendor agrees to advise NJPA or NJPA Member of the earliest possible shipping date for acceptance by
NJPA or NJPA Member.
4.57 Goods and materials must be properly packaged. Damaged goods and materials will not be
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
reasonable time subsequent to delivery where circumstances or conditions prevent effective inspection of
the goods at the time of delivery.
4.58 Vendor shall deliver Contract conforming products in each shipment and may not substitute products
without approval from NJPA Member.
4.59 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
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.
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4.60 Throughout the term of the Contract, Proposer agrees to pay for return shipment on goods that arrive
in a defective or inoperable condition. Proposer must arrange for the return shipment of damaged goods.
4.61 Unless contrary to other parts of this solicitation, if the goods or the tender of delivery fail in any
respect to conform to this Contract, the purchasing member may: 1) reject the whole, 2) accept the whole
or 3) accept any commercial unit or units and reject the rest.
P. NORMAL WORKING HOURS
4.62 Prices quoted are for products/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 from this RFP.
5. MARKETING PLAN
5_1 Internal Marketing Plan: An award of Contract resulting from this RFP is an opportunity for the
awarded contractor to pursue 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 marketing plan should serve to:
5.1.1 Identify the appropriate levels of sales management whom will need to understand the value
of, and the internal procedures necessary to deliver this Contract opportunity to NJPA and NJPA
Members through your sales force.
5.1.2 Identify, in general, your national foot print and dedicated feet -on -the -street sales force that
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.
5.1.2.1 Identify whether your sales force are employees or independent contractors.
5.1.3 Identify your plan for delivering training to these individuals.
5.1.3.1 Will you have your sales force gathered at national or regional events in the near
future? Does you sales force have the ability to participate in webinar or webcast events?
5.1.3.2 NJPA is prepared to provide our personnel in your location for sales training
and/or on a webinar or webcast where sufficient efficiencies can be shown in reaching the
appropriate groups within your employee base, and sufficient numbers of personnel
trained.
5.1.4 Identify your personnel involved in training.
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
authority of NJPA Members to utilize our procurement contracts.
5.1.4.2 Your personnel will be needed to provide training regarding employee
compensation and internal procedures when delivering the Contract opportunity, and how
this Contract purchasing opportunity relates with other such opportunities available.
5_2 Success in marketing is dependent upon 1) the delivery of value as defined in section 1.4, 2) the
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:
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5.2.1 identifies the value delivered in a competitively proposed national cooperative procurement
contract by relieving both the NJPA Member and the Vendor/Vendor's sales staff of the
responsibility for bringing and answering many similar and individual RFP's; and
5.2.2 identifies the appropriate Vendor personnel from both management and sales staffs who
will be trained on the use and utility of such a contract and a general schedule of when and how
those 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
proposed to those individuals in terms of the value created for them and their departments in 5. 1.1
above.
5_3 External Marketing Plan: NJPA is seeking the ability to serve all our current and potential members
nationwide. The Proposer must demonstrate the ability to both market and service their
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
personal commitment to serving NJPA and NJPA Members nationwide.
5_4 The Proposer must exhibit the willingness and ability to develop marketing materials and participate
in marketing venues such as:
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,
identifying the Vendor, the Vendor's general utility for NJPA and NJPA Members, and contact
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.
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
other direct or indirect marketing activities.
5.4.3 Proposer's Website. Proposer will identify how an Awarded Contract will be displayed on
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.
5.4.4 Trade Shows. Proposer will outline their proposed involvement in the promotion of a
Contract resulting from this RFP through trade shows. Vendors are encouraged to identify trade-
show, and other appropriate venues, for the promotion of any such Contract. Vendors are
strongly encouraged to participate in cooperation with NJPA at the following NJPA embraced
trade shows:
NAFA National Association of Fleet Administrators
GFX Government Fleet Expo
APWA American Public Works Association
NIGP National Institute of Government Purchasing
5_5 Proposer must also work in cooperation with NJPA to develop a marketing strategy and provide
avenues to equally market and drive sales through the Contract and program to all NJPA Members
nationally. Awarded Vendor agrees to actively market in cooperation with NJPA all available
products/services to current and potential NJPA Members. NJPA reserves the right to deem a proposer
OVUM
non-responsive or to waive an award based on an unacceptable marketing plan.
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
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.
5_7 Facilitating NJPA Membership: Proposer should express their commitment to determine the
membership status of their customers whom are eligible for NJPA Membership, AND their commitment
to establishing that membership.
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
membership and certain marketing activities as agreed to by NJPA and an Awarded contractor.
6. PROPOSAL OPENING PROCEDURE
6.1 Sealed and properly identified Proposer's Responses for this RFP entitled "HEAVY
CONSTRUCTION EQUIPMENT TOGETHER WITH RELATED ACCESSORIES, SUPPLIES,
AND SERVICES" will be received by Gregg Meierhofer, Manager of Bids and Contracts, at NJPA
Offices, 200 First Street NE, Staples, MN 56479 until the deadline for receipt of, and bid opening
identified on page one of this RFP. The NJPA Director of Contracts and Marketing, or Representative
from the NJPA Proposal Review Committee, will then read the Proposer's names aloud. A summary of
the responses to this RFP will be made available for public inspection in the NJPA office in Staples, MN.
A letter or e-mail request is required to receive a complete RFP package. Send or communicate all
requests to the attention of Gregg Meierhofer 200 1st 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
the request; an email address is required for electronic transmission. Oral, facsimile, telephone or
telegraphic Proposal Submissions or requests for this RFP are invalid and will not receive consideration.
All Proposal Responses must be submitted in a sealed package. The outside of the package shall plainly
identify "HEAVY CONSTRUCTION EQUIPMENT TOGETHER WITH RELATED
ACCESSORIES, SUPPLIES, AND SERVICES" To avoid premature opening, it is the responsibility
of the Proposer to label the Proposal Response properly.
7. EVALUATION OF PROPOSALS
A. PROPOSAL EVALUATION PROCESS
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
Evaluation.
7_3 NJPA shall use a final overall scoring system to include consideration for best price and cost
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.
7_4 To qualify for the final evaluation, a Proposer must have been deemed responsive as a result of the
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criteria set forth under "Proposer Responsiveness."
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
Review Committee.
7.6 The procurement activities of the NJPA Proposal Review Committee are limited to document
preparation, answering Proposer questions, advertising the solicitation, distribution of this RFP upon
request, conducting an evaluation and making recommendation for possible approval to NJPA Board of
Directors.
B. PROPOSER RESPONSIVENESS
7_7 Proposer's Responses received after the deadline for submission will be invalid and returned to the
Potential Proposer unopened.
7_8 An essential part of the proposal evaluation process is an evaluation to qualify the Proposer being
considered. All proposals must contain answers or responses to the information requested in the proposal
forms. Any Proposer failing to provide the required documentation may be considered non-responsive.
7_9 Deviations or exceptions stipulated in Proposer's Response may result in the proposal being classified
as non responsive.
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.
7.11 The Proposal Review Committee shall utilize the following criteria to evaluate all proposals
received. Items 14 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
remaining items listed below. These items are not arranged in order of importance and each item
may encompass multiple areas of information requested.
1. The proposal response is received prior to the deadline for submission.
2. The proposal package was properly addressed and identified as a sealed bid with a specific
opening date and time.
3. The proposal response contains the required certificate of liability insurance.
4. The proposal response contains original signatures on all documents requiring such.
5. Response's conformance to terms and conditions as described in the solicitation, including
documentation.
6. Possesses qualifications as a responding Proposer that meets or exceeds those set within the
solicitation.
7. Information from references and past performance information including past member
approval.
8. Demonstrates that they offer the most current industry standard products/services and/or
services.
9. Demonstrates financial stability and a favorable banking line of credit.
10. Demonstrates their products/services and/or services proposed meet and/or exceed industry
standards accepted by educational or governmental institutions.
11. Has demonstrated market place success and their past performance exhibit an acceptable
reputation.
12. Demonstrates the company possesses the background, knowledge, capacity, and ability to sell,
deliver, and support products/services offered to Members.
13. Has provided documentation defining, outlining, and describing their concept of a national
marketing program they will be implementing to facilitate and coordinate the cooperative
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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 products/services and
warranty provisions with their associated units of costs.
16. Core List selection of products/services in Line -Item Pricing format
17. Hot List Pricing products/services in a Line -Item Pricing format (where applicable).
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.
C. PROPOSAL EVALUATION CRITERIA
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.
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.
7.14 The fact a manufacturer or supplier chooses not to produce or provide equipment products or
services to meet the intent and scope of this RFP will not be considered sufficient cause to adjudge this
RFP as restrictive.
7.15 The Proposer is required to have extensive knowledge and at least three (3) years experience with the
related activities surrounding the selling of the equipment, service or related products offered.
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.
7.17 Consideration will be given in the proposal evaluation based upon the selection, variety,
technological advances, and demonstrated quality of products submitted, technological advances, and
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.
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
needs and applicable standards.
7.19 Strong consideration will be given to a Proposer's past performance, distribution model, and the
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
service. However, price is ultimately one of the factors taken into consideration in evaluation and award.
7.21 Evaluation of a Proposer's Responses will take into consideration as a minimum response but not
necessarily limited to the following:
1. Adherence to all requirements of this RFP as defined by industry standards.
2. Prior knowledge of and experience with a Proposer in terms of past performance and market
place success.
3. Capability of meeting or exceeding current and future needs or requirements of NJPA and
NJPA Members.
4. Evaluation of Proposer's ability to market to and provide service to all NJPA Members
nationally.
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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.
12. Technology advancements and related provisions.
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.
16. Past market place successes and brand recognition.
17. Demonstrated warranty and product/service responsibility.
7.22 The Proposer's ability to follow the proposal preparation instructions set forth in this solicitation
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
requires the delivery of information and data. The quality of organization and writing reflected in the
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
submission.
7.23 Proposer's Financial Statements- The Proposer's financial statements are requested and reviewed to
get a general feel for the size, strength, and probable scope of the Proposer.
7.24 NJPA reserves the right to reject the Proposer's Response of the apparent successful Proposer where
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 terns of this RFP and potential Contract.
7.25 NJPA shall reserve the right to reject any or all proposals. NJPA also reserves the right to reject a
proposal not accompanied by required certificate of insurance, other data required by this RFP, or if a
Proposer's Response is incomplete or irregular. The NJPA shall reject all proposals where there has been
collusion among the Proposers.
7.26 Overall Evaluation (FORM G) - The NJPA Proposal Review 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
category.
7.27 Bonus Evaluation Points- Bonus evaluation points may be awarded by the NJPA Proposal Review
Committee based on criteria identified as being both "optional" and "having additional value"
D. COST SCORING EVALUATION
7.28 NJPA reserves the right to use this process in the event the evaluation committee feels it is
necessary to make a final determination.
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)
products/services may be selected by the NJPA proposal Review Committee and the unit cost will be
used as a basis for determining the point value. The "Market Basket:" will be selected by NJPA from all
product categories as determined appropriate by NJPA. The low priced Proposer will 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 each proposer will
be the sum of all points earned. The result of this process shall not be the sole determination for award.
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E. PRODUCT TESTING
730 NJPA reserves the right to request and test products/services and/or services from the apparent
successful Proposer. Prior to the award of the Contract, the apparent successful Proposer, if requested by
NJPA, shall furnish current information and data regarding the Proposer's resources, personnel, and
organization within three (3) days.
F. PAST PERFORMANCE INFORMATION
7.31 Past performance information is relevant information regarding a Proposer's actions under
previously awarded contracts to schools, local, state, and governmental agencies and non-profit agencies.
It includes the Proposer's record of conforming to specifications and standards of good workmanship.
The Proposer's history for reasonable and cooperative behavior and commitment to member satisfaction
shall be under evaluation. Ultimately, Past Performance Information can be defined as the Proposer's
businesslike concern for the interests of the NJPA Member.
G. WAIVER OF FORMALITIES
7.32 NJPA reserves the right to waive any minor formalities or irregularities in any proposal and to accept
proposals, which, in its discretion and according to the law, may be in the best interest of its members.
8. POST AWARD OPERATING ISSUES
A. SUBSEQUENT AGREEMENTS
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
any resulting Contract. NJPA Members are instructed to identify on the face of such Purchase orders that
"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
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.
8_2 Governing law- Purchase Orders, as identified above, shall be construed in accordance with, and
governed by, the laws of a competent jurisdiction with respect to the purchaser. Each and every provision
of law and clause required by law to be included in the Purchase Order shall he read and enforced as
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
Order(s) shall be a court of competent jurisdiction to the Purchaser.
8_3 Additional Terms and Conditions- Additional terms and conditions to a Purchase Order may be
proposed by NJPA, NJPA Members, or Vendors. Acceptance of these additional terms and conditions is
OPTIONAL to all parties to the Purchase Order. The purpose of these additional terms and conditions is
to, among other things; formerly introduce job or industry specific requirements of law such as prevailing
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
with the general purpose and intent of this RFP.
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
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
resulting from this RFP.
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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
Vendor may enter into a separate, stand alone agreement, apart from a Contract resulting from this RFP.
Any proposed service requirements or specialized performance requirements require pre -approval by
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
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
identified in this Contract.
8_6 Performance Bond- At the request of the member, a Vendor will provide all performance bonds
typically and customarily required in their industry. These bonds will be issued pursuant to the
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
all NJPA Members be considered for cancellation. Each member has the final decision on Purchase
Order continuation. ANY PERFORMANCE BONDING REQUIRED BY THE MEMBER OR
CUSTOMER STATE LAWS OR LOCAL POLICY IS TO BE MUTUALLY AGREED UPON AND
SECURED BETWEEN THE VENDOR AND THE CUSTOMER/MEMBER.
B. NJPA MEMBER SIGN-UP PROCEDURE
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
C. REPORTING OF SALE ACTIVITY
8_8 A report of the total gross dollar volume of all products/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 limited to, name
and address of purchasing agency, amount of purchase, and a description of the items purchased.
D. AUDITS
8_9 During the Tenn, Vendor will, upon not less than fourteen (14) business days' prior written request,
make available to NJPA no more than once per calendar year, at Vendor's corporate offices, during
normal business hours, the invoice reports and/or invoice documents from Vendor pertaining to all
invoices sent by Vendor and payments made by NJPA members for all products/services purchased under
this Contract. NJPA may employ an independent auditor or NJPA may choose to conduct such audit on
its own behalf. Vendor shall have the right to approve the independent auditor, which approval shall not
be unreasonably withheld. Upon approval and after the auditor has executed an 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 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 documentation and tracking
in a timely manner.
E. HUB PARTNER
8.10 Hub Partner: When Applicable, NJPA Members may, from time to time, request a Vendor
resulting from this RFP to serve them through a "Hub Partner" for the purposes of complying with a Law,
Regulation, or Rule to which the individual NJPA Member deems to be applicable in their jurisdiction.
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An Awarded Vendor resulting from this RFP may reject such a request provided they provide written
notice of that rejection.
8.11 Hub Partner Fees: Fees, costs, or expenses levied upon the NJPA Member OR the Vendor for the
services provided by the Hub Partner in the transaction provide that:
8.11.1 The NJPA Member be notified by the Vendor that additional charges may apply; and
8.11.2 The Vendor document the transaction to be "Executed for the Benefit of [NJPA Member
Name]" on the face of all transactional and warranty documentation.
F. TRADE-INS
8.12 Where Appropriate, the value in US Dollars, of Trade-ins will be negotiated between NJPA or an
NJPA Member, and an Awarded Vendor. That identified "Trade -In" value shall be credited in full against
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.
G. OUT OF STOCK NOTIFICATION
8.13 Vendor shall immediately notify NJPA members upon receipt of order(s) when an out -of -stock
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).
• The ordering organization shall have the option of accepting the suggested equivalent
substitute, or canceling the item from the order.
• Under no circumstance is Proposer permitted to make unauthorized substitutions.
• Unfilled or substituted item(s) shall be indicated on the packing list.
H. TERMINATION OF CONTRACT RESULTING FROM THIS RFP
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:
• The Vendor provides material that does not meet reasonable quality standards and is not
remedied under the warranty;
• The Vendor fails to ship the products or provide the services within a reasonable amount of
time;
• NJPA has reason to believe the Vendor will not or cannot perform to the requirements of the
Contract and issues a request for assurance as described herein and Vendor fails to respond;
• The Vendor fails to observe any of the material terms and conditions of the Contract; and/or,
• 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.
• The Vendor fails to report quarterly sales volume;
• The Vendor fails to actively market this Contract within the guidelines provided in this RFP and
the expectations of NJPA.
8.15 Each party shall follow the below procedure if the Contract is to be terminated for violations or
non-performance issues:
Step 1: Issue a wanting letter outlining the violations and/or non-performance and state the length of
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)
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days.
Step 3: Issue letter to cancel Contract for cause.
8.16 Upon receipt of the written notice of concern, the Vendor shall have ten (10) business days to
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.
8.17 Any termination shall have no effect on purchases that are in progress at the time the cancellation is
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
performance, or the violation issue within the time frame, completely or in part.
8.18 NJPA reserves the right to cancel or suspend the use of any Contract resulting from this RFP if the
Vendor files for bankruptcy protection or is acquired by an independent third party. Prior to commencing
services under this Contract, the Proposer/Vendor 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
insurance to any NJPA member or member using this Contract.
8.19 Either party may execute Contract termination without cause with a required 60 -day written notice of
termination. Termination of Contract shall not relieve either party of financial, product or service
obligations incurred or accrued prior to termination.
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
Contract on behalf of the NJPA is found to be in collusion with any Proposer to this RFP for their
personal gain. Such cancellation shall be effective upon written notice from the NJPA or a later date if so
designated in the notice given. A terminated Contract shall not relieve either party of financial, product
or service obligations due to participating member or NJPA.
8.21 Events of Automatic termination to include
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
sixty (60) days of receipt of notice from NJPA specifying in reasonable detail the nature of
such breach; and/or,
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.
9. GENERAL TERMS AND CONDITIONS
A. ADVERTISEMENT OF RFP
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
the website of "Noticetobidders.com," and 5) it shall be posted to other third -party websites deemed
appropriate by NJPA. Other third party advertisers may include Onvia and Bidsync,
B. ADVERTISING OF A CONTRACT RESULTING FROM THIS RFP
9_2 ProposerNendor shall not advertise or publish information concerning this Contract prior to the
award being announced by the NJPA. Once the award is made, a Vendor is expected to advertise the
awarded Contract to both current and potential NJPA Members.
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C. APPLICABLE LAW
9_3 NJPA Compliance with Minnesota Procurement Law: Contracts awarded through NJPA are
intended to meet the procurement laws of all states and NJPA will exhaust all avenues to comply with as
many state laws as possible. It is the responsibility of each participating NJPA member to insure to their
satisfaction that these laws are satisfied. An individual NJPA member using these contracts is deemed by
their own accord to be in compliance with proposal regulations. NJPA encourages the awarded Vendor to
assist NJPA and the NJPA member in this research to the benefit of all involved.
2.4 Governing Law: All applicable portions of the Minnesota Uniform Commercial Code and all other
applicable Minnesota laws shall govern contracts with the National Joint Powers Alliance& 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 Vendor Compliance with applicable law: Vendor(s) shall comply with all federal, state, or local
laws applicable to or pertaining to the sale of the products/services resulting from this RFP. All such
laws, whether or not herein contained, shall be included by this reference. It shall be Proposer'sfVendor's
responsibility to determine the applicability and requirements of any such laws and to abide by them.
9_6 Indemnity: Each party agrees it will be responsible for its own acts and the result thereof to the extent
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, Minnesota
Statutes, Section §3.736, and other applicable law.
9_7 Prevailing Wage: It shall be the responsibility of the Vendor to comply, when applicable, with
prevailing wage legislation in effect in the jurisdiction of the purchaser (NJPA or NJPA Member). It shall
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
accordingly.
9_8 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
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.
D. ASSIGNMENT OF CONTRACT
99 No right or interest in this Contract shall be assigned or transferred by the ProposerNendor without
prior written permission by the NJPA. No delegation of any duty of the ProposerNendor 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.
9.10 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
reserves the right to reject the acquiring person or entity as a Vendor. A simple change of name
agreement will not change the contractual obligations of the Vendor.
E. PROPOSERS LIST
9.11 NJPA will not maintain or communicate to a proposers list. All interested proposers must respond to
the solicitation as a result of one of the methods of proposal advertisements listed above. Because of the
scope of the potential Members and national Vendors, NJPA has determined this to be the best method of
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fairly soliciting proposals.
F. CAPTIONS, HEADINGS, AND ILLUSTRATIONS
9.12 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.
G. CONFIDENTIAL INFORMATION
9.13 if a Proposer wishes to withhold any part of its proposal from public inspection, then a statement
advising the NJPA of this fact shall accompany the submission. NJPA shall review the statement to
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
Contract to Proposer.
H. DATA PRIVACY
9.14 Proposer agrees to abide by all applicable STATE and FEDERAL laws and regulations including
HIPPA concerning the handling and disclosure of private and confidential information regarding
individuals. Proposer agrees to hold NJPA harmless from its unlawful disclosure and/or use of
private/confidential information.
1. ENTIRE AGREEMENT
9.15 The Contract, as defined herein, shall constitute the entire understanding between the parties to that
Contract.
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).
J. FORCE MAJEURE
9.17 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
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
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
similar occurrences where such party is unable to prevent by exercising reasonable diligence. The force
majeure shall be deemed to commence when the party declaring force majeure notifies the other party of
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
this RFP. Force majeure shall not include late deliveries of products/services caused by congestion at a
manufacturer's plant or elsewhere, an oversold condition of the market, inefficiencies, or other similar
occurrences. If either party is delayed at any time by force majeure, then the delayed party shall notify
the other party of such delay within forty-eight (48) hours.
K. GRATUITIES
9.18 NJPA may cancel this Contract by written notice if it is found that gratuities, in the form of
entertainment, gifts or otherwise, were offered or given by the ProposerNendor or any agent or
representative of the ProposerNendor, 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.
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L. HAZARDOUS SUBSTANCES
9.19 Proper Material Safety Data Sheets (MSDS), in compliance with OSHA's Hazard Communication
Standard, must be provided by the Vendor to NJPA or NJPA Member at the time of purchase.
M. LEGAL REMEDIES
9.20 All claims and controversies between NJPA and Vendor shall be subject to the laws of the State of
Minnesota and are to be resolved in Todd County, Minnesota, the county in which NJPA is domiciled.
121111111141:12141W
9.21 Proposer/Vendor shall maintain a current status on all required federal, state, and local licenses,
bonds and permits required for the operation of the business conducted by the Proposer/Vendor.
9.22 All responding Proposers must be licensed (where required) and have the authority to sell and
distribute offered products/services to NJPA and NJPA Members in all states. Documentation of said
licenses and authorities, if applicable, is requested.
O. MATERIAL SUPPLIERS AND SUB -CONTRACTORS
9.23 The apparent successful Vendor shall be required to supply the names and addresses of sourcing
suppliers and sub -contractors when requested.
9.24 Awarded Vendors under this RFP will be the sole source of responsibility for transactions
originating that award. The Awarded Vendor is solely responsible for products/services and services
provided by third party sourcing or service providers.
P. NON -WAIVER OF RIGHTS
9.25 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 terns hereof, nor any payment under a Contract resulting from this RFP shall constitute
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.
Q. PROTESTS OF AWARDS MADE
9.26 Protests shall be filed with the NJPA's Executive Director and shall be resolved in accordance with
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:
1. The name, address and telephone number of the protester;
2. The original signature of the protester or its representative;
3. Identification of the solicitation by RFP number;
4. Identification f the statute or procedure that is alleged to have been violated;
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.
R. PROVISIONS REQUIRED BY LAW
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9.27 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.
S. PUBLIC RECORD
9.28 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
viewed by appointment at the NJPA offices Monday through Friday from 8:30 a.m. to 3:30 p.m.
T. RIGHT TO ASSURANCE
9.29 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
receipt requested or national overnight delivery service with proof of delivery.
U. SUSPENSION OR DISBARMENT STATUS
9.30 If within the past five (5) years, any firm, business, person or Proposer submitting a proposal has
been lawfully precluded from participating in any public procurement activity with a federal, state or local
government, the Proposer must include a letter with its response setting forth the name and address of the
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
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.
V. HUMAN RIGHTS CERTIFICATE
9.31 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
effect.
9.32 If Proposer is not domiciled in Minnesota and has on any single working day in the past year,
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
disabled individuals.
9.33 If Proposer is domiciled in Minnesota and has on any single working day in the past year, employed
more than 40 employees in the State of Minnesota, Proposer must provide a copy of their "Certificate of
Compliance" from the Commissioner of the Minnesota Department of Human Rights.
011AMMU814,11:7141r7
9.34 In the event that any of the terms of a Contract resulting from this RFP are in conflict with any rule,
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
this RFP.
X. RELATIONSHIP OF PARTIES
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935 No Contract resulting from this RFP shall be considered a contract of employment. The relationship
between NJPA and an Awarded Contractor is one of independent contractors each free to exercise
judgment and discretion with regard to the conduct of their respective businesses. The parties do not
intend the proposed Contract to create, or is to be construed as creating a partnership, joint venture,
master -servant, principal—agent, or any other relationship. Except as provided elsewhere in this RFP,
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, representation or
otherwise in any manner whatsoever except as may be expressly provided herein.
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PROPOSER QUESTIONNAIRE
Form A
Proposer Name:
Questionnaire completed by:
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
answer to each question indented below the question. Please supply any applicable supporting information and
documentation you feel appropriate in addition to answers entered to the Word document. All information must be typed,
organized, and easily understood by evaluators.
Company Information
I) Why did you respond to this RFP?
2) Provide a brief history of your company that includes its goals and philosophy.
3) Provide profiles and an organizational chart for key sales and marketing executives of your company that will oversee
the implementation and operation of a Contract resulting from this RFP.
4) How long has your company been in the HEAVY CONSTRUCTION EQUIPMENT TOGETHER WITH
RELATED ACCESSORIES, SUPPLIES, AND SERVICES, industry?
5) Is your organization best described as a manufacturer or a distributor/dealer/re-seller for a manufacturer of the
products and services being proposed?
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
proposing.
b) If the Proposer is best described as a manufacturer, please describe your relationship with your sales/service force
and/or Dealer Network in delivering the products and services proposed. Are these people your employees, or the
employees of a third party?
6) For public companies, provide your most recent annual report to shareholders.
7) For private companies, provide your most recent year-end financial statements, your bond rating, and/or a credit
reference from your bank.
8) Provide a discussion of licenses and certifications both required to be held, and actually held by your organization in
pursuit of the commerce contemplated by this RFP.
9) Provide a discussion of licenses and certifications both required to be held, and actually held by third parties and sub-
contractors to your organization in pursuit of the commerce contemplated by this RFP. If not applicable, please
respond with "Not Applicable."
Industry -Marketplace Successes
10) List and document recent industry awards and recognition.
11) Supply three references/testimonials from customers similar to NJPA Members. Please include the customer's name,
contact, and phone number.
12) Provide names and addresses of the top five (5) governmental or education customers and dollar volumes from the
past year.
13) Provide documentation indicating the total dollar volume for each of your sales to government, education, and non-
profit agencies for the last three (3) fiscal years.
Proposer's ability to sell and service nationwide.
14) Please describe your sales force in terms of numbers, geographic dispersion, and the proportion of their attention
focused on the sale of the products/services contemplated in this RFP? a) Are these individuals your employees, or
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are they employees of a third party?
15) Please describe your service force in terms of numbers, geographic dispersion, and the proportion of their attention
focused on the sale of the products/services contemplated in this RFP? a) Are these individuals your employees, or are
they employees of a third party?
16) Describe in detail your customer service program regarding process and procedure. Please include, where
appropriate, response time commitments.
17) Identify any geographic areas or NJPA market segments of the United States you will NOT be serving through the
proposed contract.
18) Identify any of NJPA Member segments you will NOT be serving? (Government, Education, Non-profit)
Marketine Plan
19) Describe your training program for both greet -the -public and sales management levels relating to a NJPA award.
20) Describe your general marketing program strategy to promote the proposed Contract nationally.
21) 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.
22) Describe your use of technology and the intemet to provide marketing and product awareness.
23) Describe your perception of NJPA's role in marketing the partnership and your products/services.
24) Describe the unique quality of the products/services in your proposal in relationship to others available in the market.
Value Added Attributes
25) Describe any training programs available as options for members.
26) Describe technological advances your proposal products/services offer.
27) Describe your "Green" program as it relates to your company, your products, and your recycling program, including a
list of all green products accompanied by the certifying agency for each.
28) Describe any Women or Minority Business Entity (WMBE) or Small Business Entity (SBE) accreditation of your
organization directly involved in a Contract resulting from this RFP.
29) Identify any other unique or custom value added attributes.
30) Identify any service contract options included in the proposed price, or offered as a proposed option, for the products
or services being offered.
31) Identify your ability and willingness to service Canada specifically and internationally in general.
32) Describe any unique distribution method employed in your proposal.
Payment Terms and Financine Options
33) Identify your payment terms. (Net 30, etc.)
34) Identify any applicable leasing or other financing options as defined herein.
35) 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).
Warranty
36) Describe, in detail, your Warranty Program including condition to qualify, claims procedure, and overall structure.
37) Do all warranties cover all material and labor?
38) Do warranties impose usage limit restrictions?
39) Do warranties cover the technician travel time to perform warranty repairs?
40) Please list any other limitations or circumstances that would not be covered under your warranty.
41) Please list any geographic regions of the United States for which you cannot provide a certified technician to perform
warranty repairs. How do NJPA Members in these regions receive warranty work?
Other Cooperative Procurement Contracts Held
42) Identify all cooperative governmental procurement contracts which are marketed in more than one state held or
utilized by the Proposer.
37 of 47
RFP 060311
43) Identify all government or state procurement contracts held or utilized by the Proposer with any State of the United
States.
44) Identify any GSA Contracts held or utilized by the Proposer.
45) If you are awarded the NJPA contract, are there any market segments (e.g., higher education, county governments,
etc.) or geographical markets where the NJPA contract will not be your primary contract purchasing vehicle? If so,
please identify those markets and which cooperative purchasing agreement will be your primary vehicle.
Products/Services and Pricine
46) Provide a general narrative description of the products/services and services you are offering in your proposal.
47) Provide a general narrative description of your pricing model identifying how the model works (line item and/or
percentage discount).
48) Propose a strategy, process, and specific method of facilitating "Sourced Goods" solution as defined herein.
49) Provide an overall statement of method of pricing for individual line items, catalogs and category pricing with regard
to all products/services and being proposed. Provide a SKU number for each item being proposed.
50) Provide a list of the NAICS codes for the products/service you are offering.
51) Provide a list of the NAICS codes for products/ services you make/deliver which are not included in this offering.
52) Provide, if any, your volume rebate programs
53) Identify any applicable minimum quantities applicable to your proposal.
54) 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.
55) As an important part of the evaluation of your offer, you must indicate the level of pricing you are offering.
Prices offered in this proposal are:
a. The same as typically offered to an individual municipality or school district.
b. The same as typically offered to cooperative procurement organizations or state purchasing
departments.
c. Better than typically offered to cooperative procurement organizations or state purchasing
departments.
(Your proposal will be considered "Non -Responsive" if this question is not answered.)
56) Do you offer quantity or volume discounts? YES NO Outline guidelines and program.
57) Describe your shipping, exchange and return program(s) and policy(s). Also specifically identify those programs as
they relate to Alaska and Hawaii.
58) 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.
Authorized Signature (Same signature as on Proposal Affidavit Signature and Acceptance Form)
38 of 47
RFP 060311
Form s
Company Name: _
Address:
City/State/Zip:
Phone:
Toll Free Number:
Web site:
PROPOSER INFORMATION
Fax:
E-mail:
Voids sometimes exist between management (those who respond to RFPs) and sales staff (those who contact NJPA
Members) that result in communication problems. Due to this fact, provide the names of your key sales people, phone
numbers, and geographic territories for which they are responsible
COMPANY PERSONNEL CONTACTS
Contract Manager:
Email: Phone
Name:
Title:
Email:
Phone:
Name:
Title:
Email:
Phone:
Name:
Title:
Email:
Phone:
Name:
Title:
Email:
Phone:
Name:
Title:
Email:
Phone:
Name:
Title:
Email:
Phone:
Page 39 of 47
RFP 060311
EXCEPTIONS TO PROPOSAL, TERMS, CONDITIONS
AND SPECIFICATIONS REQUEST
Form C
Company Name:
Note: Original must be signed and inserted in the inside front cover pouch. Any exceptions to the Terms, Conditions,
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.
RFP
Page
Page 40 of 47
RFP 060311
Proposal Offering
And Acceptance and Award
RFP #060311
FORM D
HEAVY CONSTRUCTION EQUIPMENT TOGETHER WITH RELATED ACCESSORIES, SUPPLIES, AND
SERVICES,
Proposal Offerine (To be completed Only by Proposer)
In compliance with the Request for proposal (RFP) for HEAVY CONSTRUCTION EQUIPMENT TOGETHER WITH
RELATED ACCESSORIES, SUPPLIES, AND SERVICES, the undersigned warrants that 1/we have examined this RFP
and, being familiar with all of the instructions, terms and conditions, general specifications, expectations, technical
specifications, service expectations and any special terms, do hereby offer and agree to furnish the defined
products/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 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.
Company Name:
Company Address:
Date:
City: State:
Contact Person:
Authorized Signature (ink only):
Title:
Zip:
(Name printed or typed)
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
and continue for four years thereafter AND which is subject to annual renewal at the
option of both parties.
National Joint Powers Alliance® (NJPA)
NJPA Authorized signature:
Title: Executive Director NJPA
Awarded this
NJPA Authorized signature:
Title:
Executed this
day of
day of
Page 41 of 47
(Name printed or typed)
Contract Number # 060311
(Name printed or typed)
Contract Number # 060311
FIMNAIMINIF
PROPOSER ASSURANCE OF COMPLIANCE
Form E
Proposal Affidavit Signature Page
PROPOSER'S AFFIDAVIT
The undersigned, representing the persons, firms and corporations joining in the submission of the foregoing proposal
(such persons, firms and corporations hereinafter being referred to as the "Proposer"), being duly sworn on his/her
oath, states to the best of his/her belief and knowledge:
1. The undersigned certifies the Proposer is submitting their proposal under their true and correct name, the Proposer
has been properly originated and legally exists in good standing in its state of residence, that the Proposer
possesses, or will posses prior to the delivery of any goods and services, all applicable licenses necessary for such
delivery, and that they are authorized to act on behalf of, and encumber the "Proposer" in this Contract, and
2. To the best of my knowledge, no Proposer or Potential Proposer, nor any person duly representing the same, has
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
which tends to, or does, lessen or destroy free competition in the letting of the Contract sought for by this RFP,
and
3. The Proposer or any person on his/her behalf, has not agreed, connived or colluded to produce a deceptive show
of competition in the manner of the proposal or award of the referenced contract, and
4. Neither I, the Proposer, nor, any officer, director, partner, member or associate of the Proposer, nor any of its
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
January 1, 1985, and
5. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications
request and other documents of this solicitation and that any and all exceptions have been noted in writing and
have been included with the proposal submittal, and
6. If awarded a contract, the Proposer will provide the products/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
7. The undersigned, being familiar with expectations and specifications request outlined in this RFP under
consideration, hereby proposes to deliver through valid service request, Purchase Orders or forms for NJPA
Members per this RFP, only new, unused and first quality products/services and services to designated NJPA
Members, and
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
9. In submitting this proposal, it is understood that the right is reserved by the NJPA to reject any or all proposals and
it is agreed by all parties that this proposal may not be withdrawn during a period of 90 days from the date proposals
were opened regarding this RFP, and
10. The Proposer certifies that in performing this Contract they will comply with all applicable provisions of the
federal, state, and local laws, regulations, rules, and orders, and
11. If Proposer has more than 40 employees in the state in which their principal place of business is located, Proposer
Page 42 of 47
RFP 060311
hereby certifies their compliance with federal affirmative action requirements.
Company Name:
Contact Person for Questions: Phone:
(Must be individual who is responsible for filling out this Proposers esponseform)
Address:
City/State/Zip:
Telephone Number:
E-mail Address:
Authorized Signature:
Authorized Name (typed)
Title:
Date:
Notarized
Subscribed and sworn to before me this
Notary Public in and for the County of
My commission expires:
Signature:
Fax Number:
the day of
Page 43 of 47
State of
RFP 060311
Form G. OVERALL EVALUATION AND CRITERIA
In accordance with accepted standards of competitive sealed proposal awards as set forth in the Minnesota Procurement
Code, competitive sealed proposals/awards will be made to responsible Proposers whose proposals are determined in
writing to be responsive and also be the most advantageous to NJPA and its NJPA Members. To qualify for the final
evaluation, a Proposer must have been deemed responsive as a result of the criteria set for "Proposer Responsiveness." A
proposal must have been submitted on time and materially satisfy all mandatory requirements identified in this document.
Evaluation for:
For the Proposed Subject HEAVY CONSTRUCTION EOUIPMENT TOGETHER WITH RELATED
ACCESSORIES, SUPPLIES, AND SERVICES,
The evaluation criteria for this solicitation, not arranged in order of importance:
Available Points Points Awarded
Conformance to terms and conditions to include
documentation
75
Pricing
300
Industry and Marketplace Successes
50
Bidder's Ability to Sell and Service Contract Nationally
100
Bidder's Marketing Plan
75
Value Added Attributes
75
Invoicing Payment Terms and Financing Options
25
Warranty Coverages and Information.
100
Selection and Variety of Products and Services Offered
200
Total Points
1000' 0
Bonus Points awarded for.
Bidders "Green" characteristics
50
Bidders Dissadvantaged Business Entity Charactoristics
50
Overall Evaluation Points
Proposed
Reviewed by:
Page 44 of 47
1100
RFP 060311
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
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
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. AI
other companies proceed to BOX B.
Your response will be rejected unless your business:
has a current Certificate of Como liance issued by the Minnesota Department of Human Riehts (MDHR)
–ar–
has submitted an affirmative action plan to the MDHR, which the Department received prior to the date and time the responses
are due.
Check one of the following statements if you have employed more than 40 full -lime employees in Minnesota on any single working day during the
previous 12 months:
❑ 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
Department received on (date). [If the date is the same as the response due date, indicate the time your plan was
received: (time). 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
that our response will be rejected. Proceed to BOX C. Contact the Minnesota Department of Human Rights for assistance. (See below
for contact information.)
Please note: Certificates of Compliance must be issued by the Minnesota Department of Human Rights. AHinnative 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.
BOX B – For those companies not described in BOX A
Check below.
❑ We have not employed more than 40 full-time employees on any single working day in Minnesota within the previous 12 months. Proceed to
BOX C.
BOX C – For all companies
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
generally triggered only by participating as a prime or subcontractor on federal projects or contracts. Contractors are alerted to these requirements by
the federal government.)
Name of Company: _ Date
Authorized Signature: – Telephone number:
Printed Name:
For assistance with this form, contact:
Title:
Minnesota Department of Human Rights, Compliance Services Section
Mail: 190 East 5" St., Suite 700 St. Paul, MN 55101 TC Metro: (651) 296-5663
Web: www.hunranrights.smte.rnmus Fax: (651) 296-9042
Page 45 of 47
Toll Free: 800-657-3704
TTY: (651) 296-1283
RFP 060311
Form I
State of Minnesota — Immieration Status Certification
By order of the Governor's Executive Order 0"l, vendors and subcontractors MUST certify compliance with the Immigration
Reform and Control Act of 1986 (8 U.S.C. 1101 et seq.) and certify use of the E -Verify system established by the Department of
Homeland Security.
E -Verb program information can be found at htto:/Nvww.dhs.aov/ximotn/Drograttl3.
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
subcontractors who will participate in the performance of the contract. All subcontractor certifications must be kept on file with the
contract vendor and made available to the state upon request.
1. The company shown below is in compliance with the Immigration Reform and Control Act of 1986 in relation to all
employees performing work in the United States and does not knowingly employ persons in violation of the United States
immigration laws. The company shown below will obtain this certification from all subcontractors who will participate in the
performance of this contract and maintain subcontractor certifications for inspection by the state if such inspection is requested;
and
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 -Verb program for all newly hired employees in the United States who will
perform work on behalf of the State of Minnesota.
1 certify that the company shown below is in compliance with items I and 2 above and that 1 am authorized to sign on its
behalf -
Name of Company: Date:
Authorized Signature: Telephone Number:
Printed Name: Title:
If the contract vendor and/or the subcontractors are not in compliance with the Immigration Reform and Control Act, or knowingly
employ persons in violation of the United States immigration laws, or have not begun or implemented the E -Verb program for all
newly hired employees in support of the contract, the state reserves the right to determine what action it may take. This action could
include, but would not be limited to cancellation of the contract, and/or suspending or debarring the contract vendor from state
purchasing.
For assistance with the E- Verify Program
Contact the National Customer Service Center (NCSC) at 1-800-3755283 (TTY 1-800-767-1833).
For assistance with this form, contact:
Mail: 112 Administration Bldg, 50 Sherburne Ave. St. Paul, MN 55155
E-mail: MMDHclp.Line(@,state.mn.us
Telephone: 651.296.2600
Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529
Page 46 of 47
I R a zitTixUT
Pre -submission Checklist
• Have you read and understood the RFP?
• Have you attended the Pre -Bid Conference for this RFP?
• 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?
• Have you submitted a "Sourced Goods Multiplier?
• Have you packaged your bid submission identifying conspicuously "Competitive Bid Enclosed, Please
hold for public opening XX -XX -XXX".
• Have you sent your package in sufficient time for physical delivery at 200 1" ST NE Staples, MN 56479
will occur prior to the deadline for delivery?
• 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?
• Have you provided an electronic copy (saved on a CD or flash drive) of your entire proposal including,
but not limited to, Forms A,B,C, D,E,H, and I in your proposal?
Page 47 of 47
Addendum 051911
To that certain
RFPg060311
Issued by
The National Joint Powers Alliance®
For the procurement of:
HEAVY CONSTRUCTION EQUIPMENT TOGETHER WITH RELATED ACCESSORIES, SUPPLIES, AND SERVICES
Please read this solicitation to include the following:
Question: I notice in several areas of the RFP it instructs to place pieces of information In "Tab 5" or
'Tab 6" and so on .... where are the Tabs? Otherwise I am following the flow and answering to the forms
required, is this correct?
Answer: We are evolving away from bid responses containing large amounts of paper. Please refer to
paragraph 3.8 for format of bid response and disregard references to "Tabs". Form A, which was
previously split Into multiple 'Tabs" for organizational purposes, is now one document submitted on
CDs or flash drives without killing numerous trees.
Addendum 060211
To that certain
RFP#060311
Issued by
The National Joint Powers Alliance®
For the procurement of:
HEAVY CONSTRUCTION EQUIPMENT TOGETHER WITH RELATED ACCESSORIES,
SUPPLIES, AND SERVICES
Please consider this addendum a part of NJPA RFP 012111.
NJPA has elected to extend the due, and opening dates for this Request for
Proposals as follows:
• The Due date will be extended from June 2, 2011 at 4:00PM Central TO
June 9, 2011 at 4:30PM Central.
• The bid opening date will be extended from June 3, 2011 at 8:00AM
Central to June 10, 2011 at 8:00AM Central
• Proposals received prior to June 2, 2011 at 4:00PM Central will be held
for opening on June 10, 2011 at 8:00AM Central.
0
RFP 060311
Proposal Offering
And Acceptance and Award
RFP #060311
FORM D
HEAVY CONSTRUCTION EOUIPMENT TOGETHER WITH RELATED ACCESSORIES, SUPPLIES, AND
SERVICES,
Proposal Offering (To he completed Only by Proposer)
In compliance with the Request for proposal (RFP) for HEAVY CONSTRUCTION EQUIPMENT TOGETHER WITH
RELATED ACCESSORIES, SUPPLIES, AND SERVICES, the undersigned warrants that Uwe have examined this RFP
and, being familiar with all of the instructions, terms and conditions, general specifications, expectations, technical
specifications, service expectations and any special terms, do hereby offer and agree to furnish the defined
products/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 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.
Company Name: Caterpillar Inc. Date:
Company Address: 100 NE Adams
City: Peoria State: 1L Zip: 61629-1395
. Contact Person: Jason Walker Title: ove a Ies�Consultant /
Authorized Signature (ink only
(Name printed or typed)
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
thisP, any amendme to this RFP, and the Proposer's Response. The effective date of the Contract be
IQ ,b and continue for four years thereafter AND which is subject to annual renewal at the
option of bojh parties.
National Joint Powers Alliance® (NJPA)
NJPA Authorized sign;
Title: &dVd
Awarded this I0Ix%
NJPA Authorized signature:
Title:
is
Executed this 2 o TL
(Name printed or typed)
of wl r W (I Contract Number #060311 -CAT
day of z o"
Page 41 of 47
(Name
or
Contract Number # 060311 -•CA-f
AMENDMENT 072811
To that certain
ACCEPTANCE AND AWARD 060311 -CAT
Whereby
Caterpillar, Inc. (CAT)
Committed to the provision of certain goods and services at specified prices,
And
The National Joint Powers Alliance® (NJPAO)
Accepts an indefinite quantity of those provisions on behalf of itself and its Members nationwide
according to the terms and conditions of the Request For Proposals issued by NJPA AND the entire
Bidder's response received from CAT.
Now Therefore; NJPA and CAT hereby agree to amend said Acceptance and Award 060311 -CAT by
changing the effective date of the agreement from July 19, 2011 to October 19, 2011.
National Joint Powers Alliance®
By Its: Executive Director
Todd scio,
Caterpillar, Inc.
ByIts: E2
Name printed SrF✓F A&-./ —o ^/
ANNUAL RENEWAL OF AGREEMENT
Made by and Between
Caterpillar, Inc. (Vendor)
100 NE Adams
Peoria, IL 61629
and
National Joint Powers Alliance® (NJPA)
202 12" Street NE
Staples, MN 56479
Phone; (218) 894-1930
Whereas:
"Vendor" and "NJPA" have entered into an "Acceptance and Award #06031 I -CAT" for the
procurement of Heavy Construction Equipment'rogether with Related Accessories, Supplies and
Services, and having a maturity date of October 19, 2015, and which are subject to annual
renewals at the option of both parties.
Now therefore;
"Vendor" and "NJPA" hereby desire and agree to extend and renew the above defined contract
for the period of October 19, 2014 to Octob r .9r2(H .
National Joint sA an
By , hs: Executive Direclor/CE0
Name printed or
Date
By _2Z] Ll. Vh . Its: -so.Qea,
Name printed or typed: {z Y LE R,
Date 1 { .
If you do not desire to extend contract, please sign below and return this agreement.
'T?iscoatinue; We desire to discontinue the contract.
Signature: Date:
Attachment 1
011 WAGNER
Quote 138485-01
February 14, 2015
PITKIN COUNTY FLEET MGMT
76 SERVICE CENTER RD
ASPEN, CO 81611-2567
Attention: JONAH FRANK
Quote 138485-01
Dear Sir,
We would like to thank you for your interest in our company and our products, and are pleased to quote the following for your
consideration.
CATERPILLAR Moder 972M Wheel Loader
STOCK NUMBER: SERIAL NUMBER: YEAR: SMU:
We appreciate the opportunity to extend this quote. This quote is subject to availability and is valid for 30 days, after which time we
reserve the right to re -quote. If there are any questions, please do not hesitate to contact me.
Regards,
Brian Shaver
Sales Representative
Wagner Equipment Co.
Page 1 of 5
Attachment I. Quote 138485-01
CATERPILLAR Model: 972M Wheel Loader
STANDARD EQUIPMENT
POW ERTRAIN -Brakes, full hydraulic enclosed wet -disc -with Integrated Braking System (IBS) -Brake wear indicators -Engine, Cat
9.3 w/ US Tier 4 Final / - EU Stage IV rating - Cat Clean Emissions Module (CEM) with - remote Diesel Emissions Fluid (DEF) - tank
and pump - Fan, radiator, electronically - controlled, hydraulically driven, - temperature sensing, on demand - Fuel Management
System (FMS) - Fuel priming pump (electric) - Fuel/Water separator - Axles, Manually actuated front axle - differential lock, open
differential - rear axle, ecology drain - Precleaner, engine air intake - Parking Brake, disk and caliper - Switch, transmission neutralizer
lockout - Torque converter, locking clutch with - free wheel stator - Transmission, automatic planetary power - shift (4F/4R) - Variable
Shift Control (VSC) -
ELECTRICAL - Alarm, back-up - Alternator, 145 -amp brushed - Batteries, (2) maintenance free 140OCCA - Ignition key; start/stop
switch - Lighting system: - -Four halogen work lights - -Two halogen reading lights (w/ signals) - -Two halogen rear vision lights (hood
- mounted) - Main disconnect switch - Receptacle start (cables not included) - Starter, electric, heavy duty - Starting and charging
system (24 -volt) -
OPERATOR ENVIRONMENT - Air conditioner, heater, and - defroster (auto temp and fan) - Beverage holders (2) with storage -
compartment for cell phone/MP3 player - Bucket/Work tool function lockout - Cab, pressurized and sound suppressed, -
(ROPS/FOPS) radio ready (entertainment) - includes antenna, speakers and - converter (12 -volt 10 -amp) - Camera, rearview - Coat
hook (2) - EH Controls, lift and tilt function - EH Parking Brake - Ergonomic cab access ladders - and handrails - Horn, electric - Light,
two dome (cab) - Mirrors, rearview external with - integrated spot mirrors - Post mounted membrane 16 switch keypad - 2 receptacles,
12 -Volt - Seat, Cat Comfort (cloth) air suspension - Seat belt, retractable, 51 mm (2") Wide - Steering, EH joystick, speed sensing - with
force feedback - Sun visor, front - Wet -Arm wipers/washers front and rear, - Intermittent front wiper - Window, sliding (left and right
sides) - Viscous mounts - COMPUTERIZED MONITORING SYSTEM - With following gauges: --Speedometerrrachometer - -Digital
gear range indicator - -DEF (Diesel exhaust fluid) level - -Temperature: engine coolant, - hydraulic oil, transmission oil - -Fuel level -
With following Warning Indicators: - -Temperature: axle oil, engine intake - manifold - -Pressure: engine oil, fuel Pressure - Hi/Low,
primary steering oil, - service brake oil --Battery voltage Hi/Low - -Engine air filter restriction - -Hydraulic oil filter restriction --Hydraulic
oil Low - -Parking brake - -DEF level - -Transmission filter bypass - MULTI -FUNCTION MONITOR: - - 18cm (7 in) color LCD
touch -screen - display - - Rear-view camera image display - (reverse travel activated) - - Machine health parameters - CAT
CONNECT SOLUTIONS APPS (on -board, - utilizing multi -function monitor) - Core App software to monitor and display: - - Total fuel
consumption - - Average fuel burn rate - - Engine fuel consumption - - Total idle time - - Total operating hours - - Travel distance
(odometer) - Basic App software to monitor and display: - - Total idle fuel - - Total operating hours, neutral - - Total operating hours
with hydraulic - filter in bypass -
TIRES, RIMS, AND WHEELS - A tire must be selected from the - mandatory attachments section. - Base machine price includes an
allowance -
FLUIDS - Premixed 50% concentration of extended - life coolant with freeze protection - to -34C (-29F) -
OTHER STANDARD EQUIPMENT - Auto idle shutdown - Couplings, Caterpillar O-ring face seal - Ecology drains for engine,
transmission, - and hydraulics - Ether aid ready - Fenders, steel front with mud-flap/rear - with extension - Filters: fuel, engine air,
engine oil, - hydraulic oil, transmission - Fuel cooler - Grease zerks - Grill, airborne debris - Hitch, drawbar with pin - Hood, non-metallic
power tilling with - rear clamshell - Hoses, Caterpillar XT - Hydraulic oil cooler (swing out) - Hydraulic System, load sensing - Kickout,
lift and tilt, automatic - (adjustable in cab) - Linkage, Z-Bar,cast crosstube/tilt lever - Oil sampling valves - Platform, window washing
- Remote diagnostic pressure taps - Ride control, 2V - Service Center (electrical and hydraulic) - Sight gauges: engine coolant,
hydraulic - oil, and transmission oil level - Steering, load sensing - Toolbox - Vandalism protection caplocks -
Page 2 of 5
Attachment 1 Quote 138485-01
MACHINE SPECIFICATIONS
972M WHEEL LOADER
REGIONAL PKG, NACD
STANDARD PACKAGE
LINKAGE, STANDARD LIFT
COUNTERWEIGHT, AGGREGATE
AXLES, AUTO DIFF F/R, AOC, ED
HYDRAULICS, 3V RC (STD LIFT)
HYDRAULIC OIL, STANDARD
SEAT, STANDARD -EH WHEEL
SINGLE AXIS LEVERS W/FNR, 3V
SEAT BELT, 2" WIDE W/INDICATOR
MIRRORS, EXTERNAL, HEATED
STEERING, STANDARD
PRODUCT LINK, SATELLITE PL321
COOLING, 9 FINS PER INCH
FAN, STANDARD
ANTIFREEZE, -34C (-29F)
TIRES,26.5R25' VJT BS L3
CAB ROOF CAP (METALLIC)
PRECLEANER, TURBINE
FENDERS, ROADING
SOUND SUPPRESSION, STANDARD
QUICK COUPLER, READY, STD LIFT
MANUAL GREASE, STANDARD
PACK, DOMESTIC TRUCK
RADIO, AM/FM/CD/MP3 BLUETOOTH
RADIO, CB (READY)
WAVS DISPLAY GROUP
SUN VISOR, REAR
LIGHTS, HID
LIGHTS, WARNING BEACON
GUARD, POWERTRAIN
QUICK COUPLER
LINES, CONNECTOR 3V (OC)
HOOK, FLAT BACK
BUCKET -GP, 126" 5.75 YD3
CUTTING EDGE, HEAVY DUTY
WEATHER, COLD START 120V
CAB AR, STANDARD
COVER, HVAC, PLASTIC
LIGHTING, LED
Excavator Style Joystick
Labor to modify and install hooks to snow plow (315-6309)
Flat face threaded style connectors Zea 439-1588 2ea 439-1589
Gerstadt HSV -VII 24 FT Snow Plow
Front and rear lights 372-1598
Page 3 of 5
Arctic 22' Snow Box Plow
26.5R25 VKT
Dymax 14yd Bucket
Attachment l
Quote 138485-01
Page 4 of 5
Attachment 1
Quote 138485.01
Sell Price $515,774.00
SubTotal $515,774.00
Delivery to Aspen $1,000.00
Total After Tax Balance $516,774.00
WARRANTY & COVERAGE
Standard Warranty: 12 Months Unlimited Hours, Parts and Labor (Travel Time included for the
first 6 months)
Extended Coverage: Governmental Premier 5 Year / 7500 Hour Extended Coverage Plan
F.O.BITERMS:
Aurora
Page 5 of 5
Attachment 1
0JJ WAGNER ® SALES AGREEMENT DATE fab 14, 2015
Aurora, Colorado, Albuquerque, Now Mexico, EI Paso, Texas
PURCHASER PITRIN COUNTY FLEET MOST
6STREET ADDRESS T6 SERVICE CENTER RD
$ aEANb
O
H
L CITYISTATE "PSH, CO COUNTY PITRIN (049)
1
D
v
POSTAL CODE 61611-2563 PHONE NO. 970 910 5191
TEOUIPMENT JONAH FRANK PHONE NO. 970 920 5351
CONTACT'.
TO
CUSTOMER
PRODUCT SUPPORT JONAH FNAHR PHONE NO. 910 910 5351
NDUSTRYCOOE: PRINCIPAL WORK CODE:
oeheeNP
YnRls.
$W TV EAM,pbn 0(1 a941eeMe)
CeNowor
OMINMr
RpW
69043
Casonwr/
69041
CRMen.r/
90-02614
AYTOrs
PAYMENT TERNS' -
(Al mems See! Fs'A,.Ms me had b Fbsxe CanprF • OAC
E NET PAYMENT ON RECEIPT OF S/ADRS ® NET014DELNERY ❑ FVUHCAL 6ERMCES
❑CSC OLAUSE
R
M OWIVETN ORDER 00.00
veWK'ETOFevenf $0.00
COMI(ACT YrtEREST RAtE Ok NOTE[:
B
PAYMENT FIR=
MY4ENT ANOINT 10.00
NUBER OF PAYMENTS
0 R.U. EMIYWI
OESC 7M OF EQWRYENT ORIXERED I PURCHASED
MAKE: CATSRPILLM MODEL' 971M
YEAR 1015
New 0 USED n
$TOCKNI KR. TED BENAL 4kE16ER TED
WU. 0
911M HHERL LOADHR 0001ANO, 9 PINS PER INCH
LTGRTE, pin
]ANP. 3 ORDER RAN, STANDARD
LICARYS, YARNING BSACOI
REGIONAL PRL:, MACO ANTIPREE'LE, -34C (-Y9/)
GUARD. PONERTRAIN
STANJAkH PACKAGE TIRBS,36.SR25 • VJT DB 1,3
QUICK COUPLRR
LINKAGF, STANDARD LIFT CAB BOOP CAP (HRTALT.TC)
LINES, CONNECTOR TV (OC)
CMRITRIUKEIMIT, AGGREGATE PRECLE)LNBR. THROINE
IIWK, FLAT BACK
MISS, AIIIO DIVE FIR, AOC, BD PBNDWIN. ROADIAYI
HUCKLT-CP, 136" 5.75 YD1
HYDRAULICS. 3V RC (STID LIPI) SOUND SUP"FASION. STANDARD
CUTTING F:IIGR, HEAVY DUTY
HYDRAULIC OIL, STANDARD WICK COUPLER, READY, SW LIR
HEATHER, COLO START 130V
BEAT, STANDARD -EH NIIEfL MANUAL OREAss' 8'[F,IIDAAD
CAS AR, STANDARD
BINGLK ORIS LEVINE VEER. IV WE, DOMROTIC TRuI
LOVER. HVAC. PLASTIC
BEAT BELT, 1• MIM M/INDICATOR RADIO. AM/FM/CD/MP3 BLGRNOTR
LIGHTING. LRD
MIRRORS, nivENAL, NEhTED RADIO. CB (READY)
Excavator style Joystick
STEERING, STANDARD MAVS DISPLAY GROUP
labor to modify and instill hooks to Face pl.
(115-6309)
Psonum LINK, SATELLITE PL321 SUN VISOR, REAR
Flat face threaded Ryle Connectors 20a
419-1500 len 439-IS99
�DE-Iil EQUIPMENT
Bell Price $519,374 .00
MODEL: YEAR:$FL
BYbTotal $515.734.00
PAYOUT TO. AYOIMC PApnY:
LI�L YEAR; WL
swelivery, to Aspea $1.000.00
PAYOUT TO: AYOUM' PAID BY:
Tctal After Su M1asCe $516.734.00
MODEL YEAR: f•l
PAYOUT TO AMOUNT: PAID M:
MOOEL YEAR: dol
PAYOUT TO AMOUNT PAIDRY:
ALL TIWDE6 ARE SUBJECT TO EQUIPMENT BEING IN 'AS INSPECTED COMORROIC EYVBIDORAT THE OF OEINERYOF
REPLACEMENT M.SCNME III ABOVE.
PURCHASER HFREEY SELLS THE TRIDEAN FOUIPMFNT DESCRIBED ABOVE TO THE VGNDOR AND YNRRAMTF R TO THE FREE
AND CLEAR M ALL CLAIMS, LIENS, MORTGAGES AND SECURITY INTEREST EKCEPI AS SHOO M ABOVE
❑J CATERPBLAR EQUIPMENT WARRANTY 6 COVERAGE M ^
❑USED EQUMYENI NITW
V/`-----
COVERAGE
wshwDer rJuwYWyas NIMhat •wpYMOMW.Snar EpnpmN Mer
A Med .e,j . 11 sold u b Mere 4 W ne wnMMy b oR ar Nryedaeuq.1
Mw ewnhThe he.IUMpirt wepenW n IS weplebad
•Yd .Mrruy. StlMdJ.0 d •MnPMp (E.O.SI H rr,.M.rory win W vwnwM. ins ru•Ialr h Mpdn•IGM for MFiM atl •ertFle• r
SO.&)
ywa.e nen
b•IWb1 Y1aLMY Ye,n e1 PTwrYMn wl,yMwN• W IoM. b do w MY naW n •dbp N'rrFr,ry.
V1YTM,setb. Uhbddipad
VIrM,ay.PPTx.W:
N.Y.,.Part.
1] ■oath[ Uelibi ted xou, eRu end wbor ITrevel Time Inc luded Tor the fine 6
End-
awaNal
OoY.r,I.wetRl Pr.bie[ S Tear / 7500 Sour Extend.d Coverage Pl Rn
❑ ALLIED ~RAI A COVERAGE
CSA
NOTES: Su back 5 r 3500hr $300 000.00 T r 5000hr $267.4150.00/107000hr $225,900.00
THIS AGREEMENT IS SURJECf-FO THE TERMS AND CONDITIONS ON THE REVERS
�E
t
WAGNER EQUIPMENT CO. P/RCH)GR
ORCEARECENEDSY Br1.n •h.v.r APPRO.LDAND ACCEPTED ON /J.../�
REMESENTA11K PI•PIIN COUNTY FLEET VONT
RRCIMUA
6Y
v ^�
Attachment I
TERMS AND CONDITIONS (COLORADO, NEW MEXICO OR TEXAS)
1. METHODS OF ACCEPTANCE and TERMS OF AGREEMENT: This Machine Sales Order ('MSO') is an offer for the sale of the equipment and
attachments described on the face hereof (referred to herein generally as 'equipment' and "goods' interchangeably) to Customer under the terms
and conditions specified herein. This offer may be accepted by(1) the execution of this MSO by a representative of Customer or (2) Customers
verbal or written authorizations or conduct consistent with prior course of dealing between the parts authorizing WAGNER to take action to fulfill
this order, or (3) the commencement of manufacture or shipment of the goods or services specified In this Order, whichever of the foregoing first
occurs. Acceptance of this offer is limited to the express terms slated in this Order. Any proposal in Buyer's acceptance for additional or different
terms or any attempt by Customer to vary in any degree any of the terms or any attempt by Customer to vary In any degree any of the terms of this
offer is objected to and hereby rejected, but such proposals shall not operate as a rejection of this offer, unless such variances are in the terms of
the description, quantity, price or delivery schedule of the goods or services, but shall be deemed a material alteration of this Order and this offer
shall be deemed accepted by Seller without said additional or different terms. Once accepted, [his Order shall constitute the entire agreement
between WAGNER and Customer. WAGNER is not bound by any representation or agreements, express, or implied, oral or otherwise, which are
not staled within this agreement or contained in a separate writing supplementing this agreement and signed by authorized agents of both
WAGNER and Customer.
2.TIME OF DELIVERY and SHIPPING: Orders for equipment are processed in the order of their acceptance by WAGNER and WAGNER will use
its reasonable efforts to deliver the equipment to You on the scheduled delivery date on the face hereof. However, shipping and delivery dates are
acknowledged to be estimates only and dependent upon many factors outside of WAGNER's control Including, but not limited to, the
manufacturer's production schedule, material and labor shortages, shipping delays and various other unrelating factors. WAGNER is not liable for
delays or damages caused by delays in delivery or shipment of the equipment, unless stated on the face of this order to the contrary. You are
responsible for all freight, shipping, loading and unloading costs.
3.To secure Customer's obligations under this agreement and to secure all of Customer's present or future debts, obligations or liabilities of
whatever nature to WAGNER, Customer grants to WAGNER a security Interest in the goods described on the reverse side hereof, together with
any attachments or accessions thereto and proceeds from the sale or lease thereof. Customer agrees to deliver to WAGNER, property executed,
any certificate of title or other document or instrument required by WAGNER to protect WAGNER's security interest as created in this paragraph.
Customer also authorizes WAGNER to file financing statement(s) with respect to the security interest granted herein.
4.Risk of loss of the goods shall pass to Customer as soon as the goods are properly loaded on the carrier. WAGNER's responsibility for shipment
ceases upon delivery of the goods to a transportation company. Customer shall carry such fire and other insurance as necessary to protect its
interest and the interest of WAGNER. Any claim by Customer for shortage in shipment shall be made within fifteen (15) days after receipt of the
shipment. It is specifically agreed that the risk of loss shall not be altered by the fact that the conduct of either party hereto may constitute a default
or breech. The shortage in shipment notice must be in writing within fifteen It 5) days and further, shortage in shipment is not deemed to constitute
a nonconformity
b.Any notices pertaining to rejection or claims of nonconformity must be made in writing specifying in detail Customer's objections and such notices
must be delivered within ten (10) days after delivery of the goods. It is agreed that in the event of rejection, Customer may In no event resell the
goods, even in the absence of instructions from WAGNER, and Customer will store the goods or reship the goods to WAGNER. Should Customer
sell the goods, such sale shall be deemed an unequivocal acceptance of the goods. If Customer accepts goods tendered under this agreement,
such acceptance shall be final and irrevocable; no attempted revocation shall have any effect whatsoever.
6.No right or Interest In this agreement shall be assigned by Customer without the written permission of WAGNER, and no delegation of any
obligation owed or of the performance of any obligation by Customer shall be made without written permission of WAGNER. Any attempted
assignment or delegation by Customer shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph.
7.WAGNER shall have all rights and remedies provided in the Uniform Commercial Code and in any other document executed In connection with
this agreement. Customer agrees to pay all costs incurred by WAGNER in enforcing this agreement or any of is provisions, Including without
limitation reasonable attorney's fees and costs and all costs of reclaiming the goods, whether or not legal action Is commenced. In the event the
goods are reclaimed, Customer agrees that WAGNER may bid on the goods and that a commercially reasonable price for said reclaimed goods, a
public sale , may be determined by WAGNER based upon current national auction values, market trends relating to supply and demand, and
related factor, for goods of similar type and condition.
S.CANCELLATIONITERMINATION: This Order may be canceled by Customer only with WAGNER's written consent and then only upon such
terms as will protect Seller from any loss. This Order may be cancelled by WAGNER in the event of any default by Customer or In the event
Customer falls, upon WAGNER's request, to provide reasonable assurances of future performance.
9.PERMISSIBLE VARIATIONS: All goods shall be subject to the standard manufacturing and commercial variation and practices of the
Manufacturer of the goods of WAGNER, In the event of shipment of non -conforming goods, WAGNER shall be given a reasonable opportunity to
replace the goods with those which conform to the order.
1 O.FORCE MAJEURE: a) WAGNER shall not be responsible or liable for any delay or failure to deliver any or all of the goods and/or performance
of the services of such delay or failure Is caused by any act of God, fire, flood, inclement weather, explosion, war, insurrection, riot, embargo,
stature, ordinance, regulation or order of any government or agent thereof, shortage of labor, material fuel, supplies or transportation, strike or
other labor dispute, or any other cause, contingency, occurrence or circumstance of any nature, whether or not similar to those herein before
specified beyond WAGNER's control, which prevents, hinders or interferes with manufacture, assembly or delivery of the goods or performance of
the services. Any such cause, contingency, occurrence or circumstances shall release WAGNER from performance of its obligations hereunder.
11. VENUE: Venue for any disputes between the parties will be In Adams County, Colorado and in state court for legal proceedings Purchasers
waives right to remove any legal action from the court originally acquiring jurisdiction.
WS2.702.1 1
INITIAL HERE CV}