HomeMy WebLinkAboutC-8060-2 - Purchase Agreement for One (1) Vactor Compressed Natural Gas ("CNG") Sewer CleanerI
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PURCHASE AGREEMENT
FOR ONE (1) VACTOR COMPRESSED NATURAL GAS ("CNG") SEWER CLEANER
V FROM HAAKER EQUIPMENT COMPANY
This Purchase Agreement ("Agreement") is entered into as of this 281h day of
March, 2017 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and HAAKER EQUIPMENT
COMPANY, a California corporation ("Vendor"), whose principal place of business is 2070
North White Avenue, La Verne, California 91750.
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City requires One (1) Vactor 2112 compressed natural gas ("CNG') sewer cleaner
— 12 cubic yard capacity ("Equipment') which is being procured pursuant to the
City's membership in the National Joint Powers Alliance ("NJPA") Cooperative
Purchasing Agreement, through Contract #022014 -FSC, as set forth in Exhibit A,
which is attached hereto and incorporated herein by this reference.
C. Vendor has carefully reviewed and evaluated the specifications set forth by the
City for the Equipment and has committed to deliver the Equipment required for
the price specified in this Agreement within three hundred thirty (330) calendar
days commencing the Effective Date of this Agreement.
D. City has solicited and received a proposal from Vendor's agent, has evaluated the
expertise of Vendor, and desires to submit an order for the Equipment under the
terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual representations, warranties
and covenants, and other terms and conditions as set forth herein, Vendor and City (each
a 'Party" and together the "Parties") agree as follows:
1. TERM
The Term of this Agreement shall commence on the Effective Date and shall
terminate on March 27, 2018 unless terminated earlier as set forth herein.
2. COMPENSATION
City shall pay the purchase price as more fully described in the Specifications and
Pricing Proposal attached hereto as Exhibit B and incorporated herein by reference. The
purchase price for Equipment, including all sales taxes, shall not exceed FIVE HUNDRED
TWENTY TWO THOUSAND SEVEN HUNDRED THIRTY FIVE DOLLARS and 63/100
($522,735.63) ('Purchase Price").
3. ADMINISTRATION
This Agreement will be administered by the City's Municipal Operations
Department. The Deputy Municipal Operations Director, or designee, shall be the
Purchase Administrator and shall have the authority to act for City under this Agreement.
The Purchase Administrator or designee shall represent City in all matters pertaining to
the services to be rendered pursuant to this Agreement.
CQ=IILTJ 4Wd
4.1 Delivery to City of the Equipment shall be made within three hundred thirty
(330) calendar days from the Effective Date of the Agreement.
4.2 Delivery shall be made to the City's Yard at 592 Superior Avenue, Newport
Beach, CA 92663, or such other location as may be designated by City in writing. Time
of delivery is of the essence in this Agreement. City reserves the right to refuse the
Equipment, or part thereof, and to cancel all or any part of the Equipment not conforming
to applicable specifications, samples or descriptions. City shall receive a pro -rata refund
for the Equipment, or part thereof, cancelled under this Agreement, within thirty (30)
calendar days of City's cancellation. Acceptance of any part of the order for Equipment
shall not bind City to accept future shipments nor deprive City of the right to return
Equipment already accepted at Vendor's expense. Over shipments and under shipments
of Equipment shall be only as agreed to in writing by City. Delivery shall not be deemed
to be complete until all Equipment have actually been received and accepted in writing
by the City.
4.3 Vendor shall submit all requests for extensions of time for delivery in writing
to the City Purchase Administrator not later than ten (10) calendar days after the start of
the condition that purportedly causes a delay. The Purchase Administrator shall review
all such requests and may, at his/her sole discretion, grant reasonable time extensions
for unforeseeable delays that are beyond Vendor's control.
5. ACCEPTANCE/PAYMENT
Unless otherwise agreed to in writing by City, acceptance of the Equipment shall
not be deemed complete unless in writing and until all the Equipment, including each part
thereof, has actually been received, inspected and tested to the satisfaction of City. Once
acceptance of the Equipment is complete, City shall pay Vendor within thirty (30) calendar
days thereafter.
6. NOTICES
6.1 All notices, demands, requests or approvals to be given under the terms of
this Agreement shall be given in writing, and conclusively shall be deemed served when
delivered personally, or on the third business day after the deposit thereof in the United
States mail, postage prepaid, first-class mail, addressed as hereinafter provided.
Haaker Equipment Company Page 2
6.2 All notices, demands, requests or approvals from Vendor to City shall be
addressed to City at:
Attn: Municipal Operations Director
Municipal Operations Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
Phone: 949-644-3059
Fax: 949-650-0747
Email: mpisani(a)newportbeachca.gov
6.3 All notices, demands, requests or approvals from City to Vendor shall be
addressed to Vendor at:
Attention: Matt Muinch
Haaker Equipment Company
2070 North White Avenue
La Verne, California 91750
7. ENTIRE AGREEMENT
This Agreement contains the entire Agreement between the Parties with respect
to all matters herein, and there are no restrictions, promises, warranties, or undertakings
other than those set forth herein or referred to herein. No exceptions, alternatives,
substitutes or revisions are valid or binding on City unless authorized by City in writing.
Electronic acceptance of any additional terms, conditions or supplemental agreements by
any City employee or agent, shall not be valid or binding on City unless accepted in writing
by the City. The terms of this Agreement shall supersede any inconsistencies between
this Agreement and the Exhibits hereto.
8. WARRANTY
8.1 Notwithstanding any other provision of this Agreement, Vendor expressly
warrants that the Equipment covered by this Agreement is: 1) free of liens or
encumbrances; 2) of merchantable quality and good for the ordinary purposes for which
it is used; and 3) fit for the particular purpose for which it is intended. Acceptance of this
Agreement shall constitute an agreement upon Vendor's part to indemnify, defend and
hold City and its indemnities as identified in Section 13 below, and as more fully described
in Section 13, harmless from liability, loss, damage and expense, including reasonable
counsel fees, incurred or sustained by City by reason of the failure of the Equipment to
conform to such warranties, faulty work performance, negligent or unlawful acts, and non-
compliance with any applicable state or federal codes, ordinances, orders, or statutes,
including the Occupational Safety and Health Act (OSHA) and the California Industrial
Safety Act. Such remedies shall be in addition to any other remedies provided by law.
Haaker Equipment Company Page 3
8.2 Vendor and manufacturer's warranties and certifications are attached
hereto as Exhibit C, and incorporated in full by this reference. The warranty period shall
commence on the date the Equipment is accepted by the City. All warranty repair work
shall be conducted by a Vendor -certified dealer/agent in the Southern California region.
8.3 As of the Effective Date of this Agreement the Vendor -certified dealer/ agent
for purposes of all repairs and warranty work is: Haaker Equipment Company, 2070 North
White Avenue, La Verne, CA 91750.
8.4 In the event that Vendor designates a different certified dealer/agent for the
Southern California region, Vendor shall provide City with written notice of such change
within ten (10) days of the change.
9. ASSIGNMENT OR SUBCONTRACTING
The terms, covenants, and conditions contained herein shall apply to and bind the
heirs, successors, executors, administrators and assigns of the Parties. Furthermore,
neither the performance of this Agreement nor any portion thereof may be assigned or
subcontracted by Vendor without the express written consent of City. Any attempt by
Vendor to assign or subcontract the performance or any portion thereof of this Agreement
without the express written consent of City shall be invalid and shall constitute a breach
of this Agreement.
10. TERMINATION
10.1 In the event that either Party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that Party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days after receipt of written notice of default specifying the nature of
such default and the steps necessary to cure such default, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting Party fails to give
adequate assurance of due performance within two (2) calendar days after receipt of
written notice of default, or thereafter fails to diligently take steps to cure the default, the
non -defaulting Party may terminate the Agreement forthwith by giving to the defaulting
Party written notice thereof. City shall be refunded all money for Equipment not delivered
and accepted by City at time of termination within thirty (30) calendar days. Cause for
default shall further be defined as any breach of this Agreement, any misrepresentation
or fraud on the part of the Vendor and/or filing of any petition in U.S. Bankruptcy Court or
entering of Bankruptcy by Vendor.
10.2 Notwithstanding the above provisions, City shall have the right, at its sole
discretion without cause, of terminating this Agreement at any time by giving seven (7)
calendar days prior written notice to Vendor. In the event of termination under this Section,
City shall pay Vendor for services satisfactorily performed and costs incurred up to the
effective date of termination for which Vendor has not been previously paid. City shall be
refunded all money for Equipment not delivered and accepted by City at time of
termination within thirty (30) calendar days. On the effective date of termination, Vendor
Haaker Equipment Company Page 4
shall deliver to City all equipment, reports, documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
11. CONSENT TO BREACH NOT WAIVER
No term or provision of this Agreement shall be deemed waived and no breach
excused, unless such waiver or consent shall be in writing and signed by the Party
claimed to have waived or consented to such breach. Any consent by any Party to, or
waiver of, a breach by the other, whether express or implied, shall not constitute consent
to, waiver of, or excuse for any other different or subsequent breach.
12. REMEDIES NOT EXCLUSIVE
The remedies for breach set forth in this Agreement are cumulative as to one (1)
another and as to any other provided by law, rather than exclusive; and the expression of
certain remedies in this Agreement does not preclude resort by either Party to any other
remedies provided by law.
13. INDEMNIFICATION
13.1 To the fullest extent permitted by law, Vendor shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
work performed or services provided under this Agreement including, without limitation,
defects in workmanship or materials (including the negligent and/or willful acts, errors
and/or omissions of Vendor, its principals, officers, agents, employees, suppliers,
consultants, subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them).
13.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Vendor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by the Vendor.
14. CHARGES AND LIENS
Vendor shall pay promptly all indebtedness for labor, materials and equipment
used in performance of the work. Vendor shall not permit any lien or charge to attach to
the Equipment, but if any does so attach, Vendor shall promptly procure its release and,
in accordance with the requirements of Section 15 above, indemnify, defend, and hold
Haaker Equipment Company Page 5
City harmless and be responsible for payment of all costs, damages, penalties and
expenses related to or arising from or related thereto.
15. INSURANCE
Without limiting Vendor's indemnification of City, and prior to commencement of
work, Vendor shall obtain, provide and maintain at its own expense during the term of this
Agreement or for other periods as specified in this Agreement, policies of insurance of
the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit D, and incorporated herein by reference.
16. CHANGE OF OWNERSHIP
Vendor agrees that if there is a change or transfer in ownership of Vendor's
business prior to completion of this Agreement, the new owners shall be required under
terms of sale or other transfer to assume Vendor's duties and obligations contained in
this Agreement and complete them to the satisfaction of City.
17. FORCE MAJEURE
Vendor shall not be assessed with liquidated damages or unsatisfactory
performance penalties during any delay beyond the time named for the performance of
this Agreement caused by any act of God, war, civil disorder, employment strike or other
cause beyond its reasonable control, provided that Vendor gives written notice of the
cause of the delay to City within forty-eight (48) hours of the start of the delay and Vendor
avails itself of any available remedies.
18. CONFIDENTIALITY
Vendor agrees to maintain the confidentiality of all City and City -related records
and information pursuant to all statutory laws relating to privacy and confidentiality that
currently exist or exist at any time during the term of this Agreement. All such records
and information shall be considered confidential and kept confidential by Vendor and
Vendor's staff, agents, employees and subcontractors.
19. FREIGHT (F.O.B. DESTINATION)
The Total Compensation includes shipment and delivery of Equipment to
designated City location. Vendor assumes full responsibility for all transportation,
transportation scheduling, packing, handling, insurance, and other services associated
with delivery of all products deemed necessary under this Agreement.
20. TERMS AND CONDITIONS
Vendor acknowledges that it has read and agrees to all terms and conditions
included in this Agreement.
Haaker Equipment Company Page 6
21. SIGNATORIES AUTHORITY
Each person executing this Agreement expressly warrants that he or she is
authorized to do so on behalf of the entity for which he or she is executing this Agreement.
The City and Vendor represent and warrant that this Agreement is executed voluntarily,
with full knowledge of its significance.
22. STANDARD PROVISIONS
22.1 Recitals. City and Vendor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
22.2 Compliance with all Laws. Vendor shall at its own cost and expense comply
with all statutes, ordinances, regulations and requirements of all governmental entities,
including federal, state, county or municipal, whether now in force or hereinafter enacted.
22.3 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the Parties hereto, and all
preliminary negotiations and Agreements of whatsoever kind or nature are merged
herein. No verbal contract or implied covenant shall be held to vary the provisions herein.
22.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Exhibits attached hereto, the terms of
this Agreement shall govern.
22.5 Amendments. This Agreement may be modified or amended only by a
written document executed by both Vendor and City and approved as to form by the City
Attorney.
22.6 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California. The California Commercial Code shall be the controlling law
for the terms of this Agreement.
22.7 Equal Opportunity Employment. Vendor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
22.8 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either Party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
22.9 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
Haaker Equipment Company Page 7
22.10 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing Party shall not be entitled to attorneys' fees.
22.11 Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
[SIGNATURES ON NEXT PAGE]
Haaker Equipment Company Page 8
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: '51,20117
By:
Aaron C. Harp (uw 3.1� i-7
City Attorney
ATTEST:
Date: w
Zy LeilJ.l i .l millObrownCity Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corp
charter city .
Date:
By:
evin Mul oor
Mayor
and
CONTRACyUR: Haaker Equipment
Company, a (lallopnia corporation .
al
Randy E Blackman
President
Date:,3/,?-f 7
By:
Robin' Haake
Secretary
[END OF SIGNATURES]
Exhibit A: NJPA Cooperative Purchasing Agreement, Contract
#022014 -FSC
Exhibit B: Specifications and Pricing Proposal for one (1) Vactor
2112 CNG Sewer Cleaner
Exhibit C: Warranties
Exhibit D: Insurance Requirements
Haaker Equipment Company Page 9
EXHIBIT A
NJPA COOPERATIVE PURCHASING AGREEMENT
CONTRACT #022014 -FSC
Haaker Equipment Company Page A-1
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NJPA VENDOR CONTRACT SUMMARY— FEDERAL SIGNAL
DATE
RFP#
May 27, 2014
022014
AWARDED CONTRACT NUMBER
NJPA RFP TITLE & CATEGORY
022014 -FSC
SEWER VACUUM, HYDRO -EXCAVATION;
Contract covers both Elgin Sweepers & Vactor Mfg.
AND/OR STREET SWEEPER EQUIPMENT WITH
pursuant to this RFP.
RELATED ACCESSORIES AND SUPPLIES
CONTRACT PERIOD
PRICING MODEL
May 27, 2014 through March 18, 2018
Discount from MSRP (List)
DESCRIPTION
Sweet Sweepers & Sewer Vac Trucks/Catch Basin Cleaners
VENDOR NAME AND ADDRESS
VENDOR CONTACT
Federal Signal HSG
David Panizzi, Business Development Manager
1415 West 22"u Sheet, Suite 1100
Office; (847)622-7153
Oak Brook IL 60523
Cell:(630) 240.2385
DPanizzi@elginsweeper.com
www.vactor.com
www.el2insNveeMr.com
NJPA CONTRACTS CONSIST OF THE FOLLOWING
RELATED CONTRACT DOCUMENTATION
DOCUMENTS
Bid Evaluation
"Contract" as used herein shall mean cumulative
Bid Comment & Review
documentation consisting of this RPP, an entire Proposes
Bid Opening Witness Pate
response, and a fully executed "Acceptance and Award"
Affidavit of Advertisement
pursuant to this RFP.
Board Minutes
• Request for Proposal (RFP)
• Bid Acceptance & Award
• Bidders Respouse and Pricing -Available upon
request from the NJPA Contract Manager
DOCUMENTATION OF CONTRACT MAINTENANCE
ADDITIONAL INFORMATION:
NJPA INFORMATION
NJPA CONTACT
Tony Glenz
TITLE
Contract Manager
PHONE
EMAIL
218-894-5491
tone, lenz irhjpacoon ors
ADDRESS
NYE13SITE
202 12th Street NE, P.O. Box 219, Staples, MN
www.njpacoon ore
56479
iNational Joint Powers Alliance'" Contract Purchasing Department
Form A '
PRGPOSD+R QUESTIONNAIRE- General Business information
(Products, Pricing, Sector Specific, Services, ?Terris and Warranty are addressed as Egnu
Proposer Mame: _ Ceders! Signal Corp. (Elgin &'ltactor)�_Questionnaire completed by, David PWzzL
Please Identify the person NVA should correspond with from now through the Award process:
Name: David Panizzi_.. E -Mail address: _—dpanizzf fedomJsignalgam
Please provide nn answer to all questions below and addressall 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. Alf information must be typed,
organized, and easily understood by evaluators.
Company Information
1) Why did you respond to this RFP?
We would litre to continue the excellent relationship that we have established with NIDA and their Membership.
Z) . What are
your company's expectations in the event of an award?
We would expect continued cooperation with increased sates to the ever growing N)PA mcmbership.
3) Provide the full legal name, address, tale identifications number, and telephone number for your business:
TAX Ii)Number 36-2353764
Federal Signal Corporation
1415 W. 22n0 Street
Suite iloo
Oak Brook, IL 66523
630-954.2600
The Ihzk shown here will provide the latest quarterly and annual reports. These reports will clearly show Federal.
Signal's &naaoial strength and stability." ft :ilr fele Italat� ctimtAnn�alOwdt; tvltonotta 3tS72.�sp
S} Are you natio, or have you ever been the subject of a bankruptcy action? Please explain.
Federal Signal Corporation has never been the subject of a bankruptcy action.
6) Provide a brief history of your company that Includes your company's core values and business philosophy,
Federal Signal Corporation (NYSE:: FSS) enhances the safety, security and well being of communities and
workplaces around the world: Founded in 1901, Federal Signal is a leading global designer anti manufachi er of
products and total solutions that serve municipal, gbvernmental, industrial and institutional customers.
oat Signal > nvittinrnental Soli fionstronn.l
As we embark on the 2l' century, we nre faced with many new opportunities and challenges
providing the necessary cleaning and maintenance services to our cities. airports and
industries in an environmentally fkiendly manner. With clean air and clean water at the
forefront of today's concerns - now Is the time to think about: how the environmental risks
will affect communities, business and government worldwide, To meet these challenges,
Federal Signal Corporation has created the lrnyrrountentgl $glutforts roan,
This group inelutles.iitdustry leading solutions from Rfelttz5wanuer Jontnanv grit Va.�rttaar�
HanlAfgchnrina each with a large, innovative a,A produotive line of eriwtriadta(aleabung
products. Our mission is to enhance the safety, security and wo&bofng of communities and
workplaces around the world:
7) Flow lqi% has your company beets in the "SLt'1VER VACUUM, HYDRO -E7' CA VATICiN, Ai4D/OR STREET
SWEEPER EQUIPMENT WITH RELATED ACCESSORIES ANIS SUPPLIES", industry?
E�ylp'Sweepereempanyltasbeencleaningroadwayssince1914=plokingupand .
disposing of harmful debris before it contaminates surface runoff and accumulates into roadside
pollution. Today Elgin is the leading manufacturer of sweepers for municipal, contractor,
airparraud industrial sweeping needs, Elgin Sweeper offers the world's broadest selection
of street sweepers and includes all variations eftadttY%sweeping toohnology-meehanical,
Vacuum, regenerative nit, and now waterless dust control, l'M10-compliance, and
alternatively fueled sweopets Blgin Sweeper is loading the way for toating 4weeper
effectiveness and for BMP qualification. From general street maintenance to special
industrial and aitport applications, Elgin puts ifs customers in the sweeper that best meets
ihelr:rieeds.
Yaetor Mannfncturlug, located in Streator, U. is a world leader in high qualitysowereleaning and Hydro
cxeavatiort aolutians For 50 years. Vector has been advancing their exportiso in air conveyance and high pressute
water. Starting with agricultural conveyor products that led to miigimoring and manufacturinIl qualityproducis for
sewer cleaning, line jetting, Vacuum excavating and lbydro excavating. Vector products feature a unique design and
Vactor's exclusive Jet Rodder water pump, designed for the most efficient use of water, VaetorManufacturing is
1509001 and ISO 14001 certified and tastes gide in enhancing the well being of workplaces and communities around
the world
S) is your organization.beat described as a manufacturer or a distributor/dealerim4eller for a manufacturer of the
products/equipment and related services being proposed?
Elgin Sweeper and Vactor Manufacturing are best described as manufacturers.
a) if the Proposer is best described as a rc-scllor, manufacturer aggregate, or distributor; please provide evidence of
your authorization as a dealer/reseller/manufacturer aggregate for the manufacturer of the products/equipment
and related am -vices you are proposing.
h) 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 produota/equipment and related services proposed.
trained dealer locations worldwide.,
Are thcse individuals your employees, or the employees of a third party?
The dealer network is a third.pwy and their employees are of a third party.
c) Ifepplicable, is the DoalerWatwork independent or company owned?
The Dealer Network is independently owned
9) Please provide your bond rating, andlor a creditreference from your bank.
Welts Fargo Bink, N.A.
MAC DI 109.019 .
1525 WT Harris Blvd, l Al
Charlotte; NC 28262
Latoola Attidaah, Dealer Administrator,chis l aitidzah cit wellsfarga cote, 704-5902755
Channc Dynes, Dealer Administrator, chanue.b3md wcllsfar mom, 4044590-2735
Group utailbox: A&q V8g IpI red(les sC tvollsfaraQ.00in
10) Provide a detailed explanation outlining the licenses and certifications that are both required to be held, and actually
hold by your organization in pursuit of the commerce mud business contemplated by this XFP.
While not required both Elgin and Vector Facilities are ISO 9001 certified; This means that we adhere to
appropriate manufacturing and quality processesand procedures.
11) Provide a detailed explanation outlining licenses and certifications both required to be held and actually held by third
parties and subcontractors to your organization in pursuit of the commerce contemplated by this RFP. if not
applicable, please respond with "Not Applicable."
Many States require sehlers/seivices of our products to maintain State or local level business licenses. Where
required our third party dealers hold applicable business licenses.
12) Provide ail "Suspension orllisbamtont" information as defined and required herein.
Nona
13) in addition to the $1.5 million in General liability and/or in conjunodan with umbrella insurance covcrago, what
level of automobile and workers compensation insurance dogs your organization ourrently have? I€ none, please
explain.
Please see attached certificate of liability insurance describing our automobile liability and workman's
oompensstitnt:
14) Within the Rp category there is potential to be several different sub -categories of solutions. What sub category
titicls would best describe your products, servicos and supplies?
The only Sub Category that wardd apply would be High Pressure Sewer Cleaner.
_nndgrketplace Successor
15) List and document recent industry awards and recognition.
Not Applicable.
lb) Supply three references/testimonials front customers of like status to 14JPA Members to inoludo Goveturneut and
Educatiomagencies. Please include the customer's nitre, contact, and phone number:
Brigham Young University
Scott Sherwood
8011122-5412
Midvale City, Utah
Ken Vance
-801-230.2575
Lehi City, Utah
7ereaty Estes
801-3,11-9198
17) Provide naives and addresses of the top five (5) government or education agency customers to Include the scope of
prAjecta,�i eo transaction, And_dollar,whtmes. from.tha.pusllhm(3)-ftiomlyears
, ---- - -
Confideutial
IS) What percentages cd'your current (within the past three (3) fiscal years) national sales are to the government cad
-education verdoals'? Tadicate government and education verticals individually:
Confidential
Pronoser's ability to sell and service nationwide
19) Please describe your company ogles force in terms of numbers, geographic dispersion, and the proportion of their
attention focused on the sale and services of the equipment/products contemplated in this R1:P2
Environmental Solutions Group (ESO) North American Sales division consists of aD.irector of Sales wltb eight
Regional Sales Managers (RSM) reporting to bim. 100 "/o of their, time id dedicated to the sales slid dealer support
of Elgin and Vactor equipment.
20) Please describe your dedicated dealer network mid number of individual sales: force within your dealer network In
terms of numbers, geographic dispersion, and the proportion of their attention .focused on the sales distribution and
delivery of your equipment(produets and related services contemplated in this RFP?
Each RSM has a Dealer network within their respective territory that Is managed by the RSM. As previously stated,
the Dealer network is a third party with approximately 50 dealer locations and well over 200 dealer sales personnel
covering all of North America.
21) Please describe your dedicated company scrvloe force or dedicated network in terms of numbers, geographic
dispersion, and the proportion of their attention focused on ilia sale of the equipment/products and related services
contemplated in this RPP?
ESO Service division consists of a VP of Parts and Service with .5 Regional Operations and Service Managers.
(ROSM) reporting through a field parts ond.service manager. This covers all of North America and many comrtrics
throughout the developed world
22) Ploaso describe your dedicated dealer servico farce orttetwork in terms of numbers geographic dispersion, and the
proportion of their attention focused on the sale of the equipment/products and related services contemplated in this
RRP? ,Additionally, please describe anIy.appiicable road service and do bury offer the ability to service customers at
the customer's location?
ESGr dealers have factory trained service tedhnicians rally trained to service Elgin and Vector products. 100'°/a. of
North American E1SG dealers have the ability to provide some level of road service for PSG Equipment. HSG
dealers attention to Elgin and Vector products will vary from 50 -160 %depending on dealership.
23) Describe in detail your customer service program regarding process and procedure, Pleaseinclude; where
Appropriate, response time capabilities and commitments as a part of this RAT response and awarded contract, .
Any sale.or servicing of.equipmeint to the NJPA member will be conducted through our, dealer network. All
paperwork (i.e. Purchase Orders, Warranty Claims, etc) will be submitted by lheMPA member to the ESG Dealer.
The ESO Dealer network is a well established group of first class organizations having a vast array of knowledge
and experience in the munioipal equipment market. Elgin and Vactor Service Department maintain a24. hour a day
service support line as an additional resource for dealer or customer issues.
24) Identify any geographic areas orWPA market segments of the United States you will NOT be fully searing through
the proposed contract.
All US Market segments will be fully served.
25) Identify any of NJPA Member segments or defined NIPAvertieals you will NOT be ot£ering and promoting an
awarded contract to? (Govenumem, Education; Nor. profit)
Digin and Vector products will bo.made available to all NJPA member segments. Promotion to non-profit'
organizations is limited as this market segment typically does not have a need for Elgin or tractor Products.
26) Define any specific requirements or restrictions as it applies to our members located off shores such as Hawau and
Alaska and the US Islands. Address your off shore shipping program on the Pricing form P of this document.
No Restrictions
Marketlna-Elan : _
27) Describe your contract sales training program to your sales management, dealer network and/or direct mlesteams
relating to a NIDA awarded contract.
ESG'S 1Sut year relationship with NJPA hasprovided'a solid base of knowledge from both stiles management and
dealer network with regard to use ofthe contract for ongoing sales. NJPAcontraet training at both national and
local sales meetings is ongoing (performed as required by our RSMs). Titin has also beenfacilitated by
presentations From our NJPA contract tnanagcr and managers from within the company:
28) Describe how you would market/promote an NJPA Contract nationally to ensure success.
HSG has annual Sales Meetings for our dealer network. As in the past, we would welcome an NJPA representative,
to attend and present at our annual dealer sales meetings (Tony is already scheduled for our annual meeting this year
in June) . Ow dealers and regional sales managers attend local NJPA GTKU events. In addition, wehavea sentien
for the NJPA program on both dealer and public websites. We also Adventist our NJPA contract at national (and
local) trade shows.
29) Describe your marketing material; and overall mitrketing ability, relating to promoting this type of partnership and
contract opportunity. Please send a few representative samples of your marketing materialsill electronic format.
ESG marketing literature is currently available on the dealer and public websites for NJPA members to download
electronic copies. We also participate in and wilt continue to participate in, a very active PR program, do direct
mailings, attend tradeshows, write and publish application stories all the traditional Marketiing Communication
tactics that are being applied to promoting this program will continue. This is facilitated through our full service
Marketing Communications Department.
30) Describe your use of technology and the Internet to pp
Elgin Sweeper Company and Vaetor MamtfactmIpn
five primary ways that would impact marketing anc
I. Public Websites - we employ a webmmster and su
priority -oar current NJPA relationship is ref lectel
2. bealer.Websitam we have a secure. dealer Website.
product in Formation that is relovant -ail programs
toting and unsure tuitional contract awareness,
nuced the use of technology In
wareness:
kcs updating and improving the public websites a
is constantly updated with new program, promotional and
hiding our current NJPA purchasing contract is listed on
I at we site complete with appropriate hole,
we have sit on-line "University" training curriculmil and system that allow us to produce omlina classes
dud teaming inudtclas, hold meetings, and collaborate, These training classes can be accessed at a users location
and provide roil -time essential training add information.
4. E.Nervslettar- [ISG has a monthly newsletter that updates our dealers with new information they should be
aware:of, includitigruarketmg updates, training inforination, and any other peninetntsales orservioe:tniom union.
5. Product Sales Confi)gorator- both 131gitf and Vactor will lisve an on-line configurator,available to the dealers to
bulli castomer products for presentation and proposals as wall as eventual order entry and production planning.
Ability fc provide NJPA proposals for our equipment is/will be available.
31) Describe your perception of NJPA's role in marketing the contract and your contracted products/equipment and
related services.-
Weivtruld ex
pact NPA to support the Elgin and Vactor product line and supply us with Information and materials
making, it the most adva ntageous cooperative purahasingprogram in the country.
32) Describe in dewit any unique marketing techniques and methods as, a part of your proposal that would separate you
from othercompanics tin your, Industry.
Both Elgin and Vactor are the #.1 manufacturer in their respective Industry based on overall sales, pur distributor
network experience and breadth of sales and service coverage enables Elgin and Vactor to tnaintaill their market
leadership positions,
33) DesOlt ,your -company's Senior Management levet commitment with regards to embracement; promoting,
supporting and managing a resultant NJPA awarded contract
Senior managemenfltas tl<Ily embraced out current NJPA contract and is wanting to continue this relationship going
forward, Administrative effort for our current contract and passible future,contract is fully supported.
34) Do you view yourproducts/equipment applicable to an E-procuremant ordering process? Yes/ NO.
No not at the usedmomber level. Out scope of option and speclat content is too.grent,
a) If yes, describe examples of &procurement systems or electronic ma,
rketpiaCe solutions that your
products/@quipment was available through. Demonstrate the success of government and educations customers to
ordering through E -procurement.
35) Please describe how you will communicate your NJPA pricing and pricing strategy to your sales force nationally?.
Elgin and Vactor commmrieate pill NJPA pricing through price shoots, The price sheets are available to our Dealer
Network though a Secure Dealer website, Also,. RSMs are aware of all potential NJPA sales and ensure pricing
acouracyr nd provide dealer training and support if raquired.
Other Ceonerative Procurement Contracts ILdd
36) Identtfp all cooperative contracts hosted by any government or education agency or government or education
cooperative or by a third party marketing company, which are marketed in more than one state, held or utilized by
the Proposer.
White not held by our company, several of our third pdriy dealers do hold state and local purchasing contracts.
While utilized by our local dealers these purchasing contracts do not necessitate specific pricing discounts,
37) What is the annual dollar sales volume generated through each of the contracts) identified in your answer to the
previous question
Unknown
38) Identify awarded WSCA or specific state procurement contracts held or utilized by the proposer withany State of the
United States.
As noted in question 36, several. of our dealers hold specific state or, DOT purchasing contracts. While these
contracts are utilized specific factory discount are minimal if any:
39) What is the annual combined dollar stiles volume for each of these Contracts?
Unknown
40) Identify any USA Contracts hold or utilized by the Proposer,
We do not hold a GSA contract, however, we do utilize a OSA contract help. by one ofour dealers.
GS -30E -1012H.
41) If you are awarded the NJPA contract, are there any market segments cir verticals (o.g.; higher education, K•12 local
governments, non -profits eto.) or geogmphical markets whore the NJPA contract will not be your primary contract
purchasing vehicle? if so, please identify those markets and which cooperntive purchasing agreement will co your
primary vehicle.
Our NJPA contract is the load purchasing vehicle on a national level with the only passible exception oflocal dealer
sponsored procurement contracts. It should lie noted'that these local dealer sponsored contracts do :pot enjoy the.
same level of discounted pricing from manufacture.
42) if you are awarded the NJPA contraot, is it your intention and commitment to lead with. your NJPA contract?
X Yes No Patpiainand demonstrateyour commitment and/orrestrictlons.
Our intentions cim be seen with thu annual growth fiver out current NJPA contract from March of 2010 to the
present,
43) Identify a proposed adtnmiatrative fee payable to NJPA for facilitation, management and promotion of the NJPA
contract, should yoabe.awarded; This fee is typically calculated as a percentage of Contract sales and not a lona item
addition to the customers post of goods: `
We propose the fee payable to NJPA for facilitation, management; and promotion of the NJPA ediltraet to be 0.5%
of the contract safe (less third party supplied items; aerie as current arrangement).
Value Added Attributes
44)if applicable, describe any product/equipment training progmms_availabla as options for NJPA members. If'
applicable, do you offer equipment operator Wning as well as maintenance training? X Yes No
1386 offers hands on training programs to our, and users at both the Pig'in and Vactor facilities, Those classes are
geared primarily towards maintenance and. -are most appropriate for new customers or nevi users, la addition, our
dealers provide user training and basic maintenance upon product deliver; most dealers have annual product training
programs ("Refresher classes") hold at their facilities for their area customers.
45) Is this training standard as a part of a purchase or optional?
The basic training as part of the delivery Is, a standard offering with purchase of equipment. In-delrth operator or
mechanics trainipg cati be arranged and is optional,
46) Dosoribe current technological advances yourproposed equipment(products and related services offer.
Roth Elgin and Vactor offer our_ various models in Altantative Fuel configurations. Elgin,also oilers Woterless
sweeping technologies;
47) Describe your "Greco" program as it relates to your company, your products/equipment, and your recyclingprogram,
including a list of all green products accompanied by the certifying agency for each (if applicable).
`in
1, Recycle Stool . .
2. Recycle Aluminum
3; Recycle Copper
4; Recyolc.Ciirdboard
S. Recycle Bulk Plastie
6. Recycle Oil/Coolant
7. Recycle Wood Pallets
8. Havesome returnable pallets
9, Cleaning agent ofchoice is "Simple Greco
10.:Pluormcent bulbs recycled
11. Powder Coat Paint-- no VOC's'
12. Run Energy Efficient Compressors (Variable Drive)
13. Run Energy Efficient Boilers (Ucalize .heating)
14. Have ability to tua air compressors on natural gas
15, Recycle Computer equipment
16, Dispose of hazardous and non -hazardous waste PITIviently
17. Current Plan to implement energy management system
18. An enviromnentally sound spill clean-up program that minimizes waste is in-place
19. Old batteries am recycled
20. All Units Re -circulate water on assembly line water testing
21, Installed llusliless tWots and faucets
22, Participate in ComEd Curlailrucnt program (not all companies can or do)
Vactor
l . White UttiicePaper
3. ColorodPaper
3. Computer Paper
k Envelopes And Junk Mail Minus'The Plastic Wrap
5, Newsprint:
6. Glossy Magazines, Catalogs AM Phone Books
7. Wire
8. Cans
9. All Orades Of Swap Steel Incl, Carbon Steel, Stainless Steel, Aluminum, & Shavings From MachineryW ark'
10. Solvent From Painting Operations
11. Royale wood pallets
12. Rcoycle cardboard
48) Describe any Women pr Minority Business Entity (WMBE) or Small Business Entity (SBB) nocreditations and the.
general minority and small business program of your organization as it relates to a Contract resulting from this knP
Not Applicable,
49) Identify any other unique or custom value added attributes of your oompamy or your products/equipment or related
services,
Both Elgin and Vector are American made products.
50) Other than what you have already demonstrated or described, what separates your company; your
products/equipment and rotated services from your competition? What makes yourproposed solutions unique in your.
industry as it applies to NJPPA. members?
Elgin offers a full range of inechatueal, vacuum, and regenerative air sweeper products in various sizes, sold and
serviced through the largest dealer network in North America. Vactor offers a full range of truckmounted sewer line,
cleaning equipment with various debris body sizos; including the ability to customize with user specific features,
Also, Vactor offers.several sizes of trunk -mounted hydro-oxoavation products designed to suit specific needs and
applications.
51) Identify and describe any service contract.options included in the proposal, or offered as a proposed option, for the,
productslequipment being offered.
Service contracts are not offered at the manufacture level, Most $Sri dealerships do,offer service contract options.
52) Identify your ability and willingboss to offer an awarded contract to qualifying member agencies in Canada
specifically and internationally in general,
flo8r Elgin and Vactox products arc sold and serviced through a network of more than 100 factory trained dealer
locations worldwide. Wee have thorough dealer, sales and service support throughout Cansda. Elgin and Vactor are
willing to explore international contract sales opportunities assuming currency fluctuation rislea ran be mitigoto1
53) Describe any unique distribution and/or delivery methods or options offered in your proposel.
Not Appticablo
(Products, Pricing, Sector Specific, Services, Terms.iind Warranty are addressed on Tom P
Signatures ` �G Date
ForM B .•» ,
11 PROPOSER INFORMATiON
Address:
City/statelzip:._ OCJCk &csrak- `-T:) rde:5 ?-S3
1
Plloitc:i 7 S e? 7y c u J� Y -Fax:
Toll Free Number ll-mail:
Website �°1 W W M
Voids sometimes exist between inanagement (those who respond to RFPs) and sales staff (thosewho Outset NSPA
hlembors) that result in communication problems. Due to this fact, provide the names ofyour key sales people, phone
numbers, and geographic territories for which they are responsible
COMPANY PERSONNEL CONTACTS
ntttltitt lzkdaEhcr for uric oriauirritioii*
T
Name:
Mail ftzal ryac�eFarttaXetcti
«By executing Form F, the "Proposer's Assur
authorization to sign on behalf of your organiz
Author of Your ormsal resaonng
Phone: st 6 22 `7 f in
ice of Compliance," you are certifying this person identified here has their
inn: -
Your Erjmar_y Contact person reaardlue vourgrbnasal .
Name; ;L
Email:
Other lmnortantcontact information -
Name:
Email:
Name: Titlo:
Emall: � - Plinne;
EN9BMONS 14 )PRORQsAL TERMS GQNni,TIONS �
AND SOG TIY tONs "Oi7EST,
CompanyName; ,, F• ��� �. d1 cmVo t•Ar
Note! Orielnal must he siened 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 submittel: Proposer acknowledges that the exceptions listed mayor may not be accepted
by NJPA and may or may not be included in the final coh tact. NJPA may clarify exceptions listed hero and docament
the results of those clarifications in the appropriate section below. .
FORM Yl
Formal ONering of Proposal N
(To be completed Only -by Proposer)
SEWER VACUUMblYDttO-FXCAVAI tL1N ANDloft 9TREET SW&EPER EgUIp14i> NT'V'rTR R_Rl ATFD
In compliadce With the RequeEt far proposal (RFP) for "SR"R VACUUM, HYDRO -EXCAVATION, AND/OR
STREET SWEEPER F.QUIPMFNT VITJR RMATFD ACCESSORIES AND SUPPLIES", the undersigned warrants that
Itwe have examined this RFP and, being familiar with all Of the instructions, terms and conditions,' general specificatipns;
expectations, technical specifications, service expectations and any special terms, do hereby propose, fully eemtttit ani{
agree to famish the defined equipmentlproducts and related services in full compliauce with all terms, conditions of this,
RPP, ally applicable amendments of this RFP, and all Proposer's Response documentation Proposer further understands
they accept the full responsibility as the sole source of responalhility of the proposed response herein and that the
performance of arty sub -contractors employed by the Proposer in fulfrllutent of this proposal is the sole responsibility of
the Proposer,
Compatry:Nalim Elt�d' A GWA date: _'reb.:1-7 zo iA-
Company Address: (S ..Yce- j CLQ
City: nzxkBYOd3k State L Zip: 6ca.'572a
ContaetPersmr: L plr 2i Title: 5rxSatrCSS
Authorized Signature (ink onty):=sE t �;tyr
=qr — (Name printed or typed).
43
Contract Acceptance acid A1Yard
(Te be completed only by. NJPA)
Psi I ,U�#M dill 111 �iYG% AfAe J4? -e
Proposer'3 full tcg6i name
Your proposal is heraby accepted and awarded, As an awarded Proposer, yoo are now bound to provide the defined
produudequipment and services contained In your proposal offering according to all terms, conditions, and pricing set forth
in this UP, any amendments to this R", your itesponw, and anyexeeptiatis aeceptedorrejected by NJPA 66 Portia C,
The effective stad data of the Contract wit( be „ ���, 20 14 and eominue rot, four years
from the board award data This contract has the cOwdcr ton ofa tifth cnr renewal optica at the diseret[on of ha7PA,.
National Joint Powers AMane
NJPA.Auihorizedsigaahira; f`iY..i[.
Atverdedthis-
_NJPAContractNumber 0.1122014-FfC
NIPAAuthorizedsignaturr
A Board. Member (Name printed or typed) �.
{
Executed thisday of 1! J. , 26 4 — NJPA Contract Number.# 62201 i -FSG
Proposer beteby accepts contract award including all accepted exceptions�coWNJPA clarifications It entitied on FORM C.
Vendor Name 1 �e'+`c+_�l S' e'
r
Vendor Authorized sig nature; �a¢.z t
r• - -t - (Name printed or lyped) -
Title:-jctStnG7Arc frtdA7 [ir1
Executed this - day of A NJPA Contract Number 444*'-Vge.
44
PROPOSER ASSU,RAM" rig tt}mrLJANCIK
Proposed Affidavit Signptnivr page
P9opo,Sdit"s A.FFOAV1T
The undersigned, represnoting the persons, Firms And corpotations ,joining in the snben sioi:of the foregoing:
proposal (such persons, firms and corporations herefnafter Mug referred to as the "Proposer"), being duly sworn on
hitA cr oath, states to the best of biAor belief And knowledge:
1. The undersigned qurtifics the Proposer is subnutting'their proposal uoilor thair true and correct naint, the
Paoposer has been. praaerty,originatid slid legally exists in good standing in its state of residence, that the
Proposer posscsses, be will possess prior to the delivery, of any product/equipment And related sorYiees, ail
oppticahte licenses- nccc Aary,for such delivcrp to NJPA members ugetw is nationalty; and that ttteyare
authorised to act on behalrof, and ¢number the "Proposot" in this Cont Act, olid
2, To the best of myiarowledge; no Praposer or Potential Proposer, nor. Any person duly representing the sarpea has
directly or indirectly entered lutu any, ngreeinonf or Arrangement svftb any othei Proposers, Potential proposers,
Any official or employee of flra:NJPA, ar any person, term or eotporation, under contract with the NJPA in an
effoiitointluonceeithertheoffering ofnowafferingorcertainprice3 terms, And conditions refiling to ibis RFI'.
whicb tends to, or does, lessen or destroy free conlietftion in the letting or the Contractsoaght for by ilids "17,
aped
3. The Proposer or any person on his/her bcbalT has not agreed, connived orcolluddd taproduce a deceptNushow
sof competition in the manner of the proposal or Award of the referenced conttact, And
4,. Neither 1, the Proposer, nor, any ottiour, director, partner, member or associate of the Proposer, nor any of its
employees directly Involved in obtahting contracts with the NJPA or any subdivision or the MPA, has been
convicted of false pretenses, attempted false pretonsua or conspiracy to commit false pretenses; bribery,
attempted bribery or conspiracy to bribe under die laws of any state or federal government for acts or omissions
after January 1, 1985, and
5. The Proposer has evamincd and understands the terms, conditions, scope anutraot, opportunity, specifications
request and other documents of this solicitation and that any and sit, exceptions have been noted In writing and
have been included with.the proposal submittal,altd
G, if awarded a tobiraet, the ;Proposer will provide the equipme it/products and services and/or services to
qualifying members of the NJPA in accordance with the ternrs, conditions, scopeof this I;FP, Proposer offtuad.
specifications sod otlatr doonmehis aFtlifs Sodicita[ion, alio
9. The undersigned, being fxmiliarwith and understand the expectations requested and outlined in this RFP under
consideration, hereby proposes to deliver through valid requests, Purchase Oftars or other acceptable forms
orderutg and proIcaronlent by INJPA'iviernbers, Udless attierwise indicated, retincstod and agreed to on a.valid
purchase order per this RFP, only new, unused rand first quality equipmant/products and related services Arc to
be transacted with NJPA Membersrelating to an Awatded contract, and - --
9. The proposer has carefully chceked the accuracy of all proposed products/equipirmot and related services and
listed total price per Ault of purchase hil this proposal to Include shipping anti delivery ao» sideration. Jn
addition, the Proposer Accepts all gemuml terms and conditions of this RrP, inctudlhg all responsibilities of
cummiuriept as outlined and proposed: nod
R. In submitting this proposal, it Is understood that the right Is reserved by the NJPA to reject any or all proposals
4S
and it id nyrkcd by allparties that this proposal may not be withdiuwn. during a period of90 Clays 6 -ma the data
proposals were opened regarding this UP, tied
10. the '.Proposer certifies that in.perferming Ois Contracrthey Will comply with all applicable ptvvtsions of the
federal. stata; and local laws;'ragnlationa;.aulas, and orders, sod
11. The Proposer understands thatt submittnd,proposals which ate marked "confidential" In their eilfirety, or those in
which a slgnalaantpordon of the aubtttitted proposal is marked "nonpublic" rttu not be acoe tad by N7PrL
' e , ra a SeemAll lnbpas S are nonpublic Until the contract BBR+ - C �, fit Which time, 1q[
successful and msuccessibivandors1 proposals beconuipublicinfbrMafion
12, The Proposer understands and agrees that IM will not be rasponsibla fat any inforfnation contained within
tbo proposat. Should Vanden not tomiity with tbg labeling and packing requirumeots, proposals will be
released as submitted.
13, Bysignbig bolow, Hie Proposer tolderstands it is his of her icsponSibillty as ]lie Vendor to act in protection of
labeled information and agrce to doi'enli and indemnity NNA foe houoriag such designation, Proposer duty
reatlzcs failure to so act will conatitute a complete waiver and all submitted inforination will become public
information; additionally failure to label any Information that -is released by NJPA shall constitute a cotnpleta
waiver of;uty and all claim for daatages caused by the release of1ho infbtmatloa,
IThe rest of this page. has been left intentionally blank, Signature page below]
46
By aiming below, Proposeris acknowledging that ho or sho has. road, understands and agrees to comply with thetcrms
and conditions specified above.
Company Namm
Contact person for Questions: ,
��`sr e"tn'Htvit��_aaTWIMo a responst a for t ng outiFups ascr a t ponse%MI)
Address:.:.._.:.��.6�? :w �.�-+Z-�r�' �._Ce"..?C ��JLix-ftr- L' 3_.
Telephone Number ' f �G ,L Y � Fax Number: , �-.tm c -Z
Email Address :� {6 [stn t laieb C 4Y � . ec wn
Authorized Signature:
Authorized Name (typed): ti, avtaC1�htZ i
Title:t5�br7(NttY�r }�fA3+Cic{ral
Date: F—ND.
Notarized
Subscribed and swom to before me this - day of
Notary Public ht and for the County of___ State of
My commission expires;
Signature:. r_
47
Farm_ _
PROPOSER QUESTIONNAIRE
Products/Equipment, Pricing, Sector 5pedfic, services, Terms and bVarrurity
Proposer Namc: -Federal Signal Cntp _(Clgin and Vactor)�.
Questionnaire completed by: David Pimizzi,_
p_aapm nt'rsrmAAI )V_litandlneOpt]ods
1) Identify your payment terms if applicable. (Net 30, ate.)
Payment Terms are determined Between the PSG Dealer and the NJPA Member, General terms between dealer and
1280 are Net 3b,
2) Identify any applicable leasing or other finaucittg options as defined herein.
Available leai&g programs are determined. between the PSG Dealer and NJPA member, We do sponsor third party
611 servige.lease and turnkey maintenance program for our dealers..
3) Briefly describe your proposed order process for this proposal and contract award.. (Note: order process may be
modified orreflned during an "JPA member's Fina[ Contract phase process),
a, .Please specify ifyou will be including your dealer network in this proposal. if so, please specify ]Low
involved they will be, (For example, will he Dealer accept the P.4.?), and how are we to verify the specific
dealer is part of your network?
NJPA member submits ¢Purchase Order to the ESG Dealer with payment made by the NJPA member to the HSG
Dealer. BSG dealer will.facilitato all product orders. Elgin and Vaotor equipment is exclusively provided by
contracted dealers. if required, a detailed listing of dealers can be provided.
4) Do youaccept the P-caW procurement and payment process?
Not Applicable.
Warr
5) . Dasorlbe, is detail, your Manufacture Warranty Program including conditions and requirements to qualify, claims
procedure, and overall airrrcture,
Standard Warranty is for 12 months on the complete unit,but certain eomponentg have longer
standard warranties.These are identified In our Standard Limited Warranty Statement. TbQ Statement'also defines start
date, application, cte: Units arc registered for warranty in, our on-line warranty system. Claims are fled by the ESG
Service provider within this system, as well. Additionally, the ESG.ServicePotts and Warranty Guide is publisbed an
the ESG Dealer website, and contains Claim submission standards, and guidelines for conducting warranty repairs.
6) Do all warranties cover all pmducts/egyipmeni_parts and labor?
All Standard Warranties Include notarial and labor to eithai+rep* orreplace, at our option.
7) Do warranties impose usage limit restrictions7
Standard Limited Warranty is based on days in service only. There is no restrietlon on operating flours.
8) Do warranties cover the expense of technicians travel timeand mileage to perfo m warranty repairs?
ESG dealers are compensated for travel time up to 3 hours round trip, par reasonably required trip.
9) Please list any other.limitations or circumstances that would not be covered under your warranty;
Such conditions are defined in Standard Limited Warranty Statement, such as customer abuse; misuse, or lack of
propermaintenance, etc,
10) Please list any geographic regions of the United States for which you cannot provide a certified technician to perform
warmoty repairs. How will NJPAMembets in those regions be provided servicefor warninty repair?
FSG deater network covers the entire U,S, NJPA member can arrange with ESG dealer in their respective area to
receive warranty work. -
ESruinmentlPruypc(}And llgtetl'Seiwlces fats Prism¢
11)Provide a general nerrative description of the equipment/products and related services you are offering in your
proposal, ,
Elgin Street Sweepers and Vactor Combination Sewer Cleaners and TIydro Excavation Wohincs,
12) Provide a general narrative description of your pricing model idor lifying how the model works (line item and/or
published catalog percentage discount).
Excel Spread sheets for both Elgin Street Sweepers and Vactor Combination Sewer Cleaner& arc listed in separate
folders on the electronic (CD) version of this submittal, Each model has a base unit price with options listed as line
iteaus..
13) Please quantify the discount range presented in this response pricing.as a percentage discount from MM/published
list.
NJPA members enjoy a 3% minimum discount from list price. The price sheets provided will show line item pricing
and calculate and apply the 30/. WPA discount.
14) Provide an overall proposed statement of method of pricingfor individual line items, percentage discount off
published product/equipment catalogs and/or category pricing percentage discount with regard to all
equipment/products and related services and being proposed. Provide a SKU number for each item being proposed.
The end user is aide to corrfrgure a machine to meet their needs using the Excel Spreadsheet. Each model and all
options have a part number and all manufacture supplied options receive a 3°% discount (minimum),
15) Propose a strategy, process, and specific: method of facilitating "Sourcod.Product/Equipment and Related Services"
(AKA, "Open Market" items or "Non-Stwtdard Options"),
Elgin and Vector offer "special" option capability which allows engineering to research and design unique product
features. These "Speclale will be priced using our specials process and discounted atthe3% level (minimum). The
only exception being our "sourced product" chassia or special chassis options to which the 30/6 would not apply;
t%hsssis are a pass through cost item:
l6) Provide your NJPA customer volttme tcbate ptngranis, as applicable.
Reviewed an an individual basis,
17) Identify any Total frost of Acquisition (as defined herein) cost(s) swhiph Is VNQ'1-' included "Pricing` submitted with
your proposal response. Idontify to whomthese chsrgesarepayable to and their relationship to.Proposcr.
Any dealer costs for dealer installed items including local freight and PD1 aro not included m our pricing submittal.
Any costs associated with the delivery of a piece of equipment to an NJPA member AFTER. it has been delivered to
the respective ESG dealer is negotiated between the ESG Dealer and the NJPA member. Such costs could be delivery
-from the ESG Dealer to the N.IPrti membor, putting the unit into service, special training,.reoommended spare parts
list, etc:
7 8) If freight, delivery or shipping is an additional cost to the Nri°A member, describe in detail the complete shipping and.
da#iveryprogram.
Any costs associated with the delivery of a piece of equipment to an NJPA member AFTER it has been delivered to
the respectiveESG:dealer fs negotiated between the ESG Dealer and the NJPA member. Such costs could be delivery
from the ESG Dealer to the NJPA member, putting the unit into service, training, recommended spare.ports list, etc.
19j 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 (Your proposal will be deemed "Non -Responsive" if this question is not
answered):
a, Pricing is the same as typically offered to an individual municipality, Higher ed or school
district.
�7I gib. Pricing is the same as typically offered to GPOs, cooperative procurement organizations or
state purchasing departments.
a Better than typically offered to GPOs, cooperative proouremeat organizations or stale
purchasing departments.
20).Do you offer quantity or volume discounts? _-X—'YES _NO Outline guidelines and program,
Volume discounts ate evaluated on a oasc-by-casebasis.
21) Describe.in detail your proposed exchange and return program(s) and policy(&),
Products exchanges and retuma ate extremely rare. Should an exchange or return be warranted because of produot
failure appropriate accommodations would behandled on a case -by -vaso basis.
22) SpeulAcally identify those ihipping and delivery and exchange atzd rettwrs progtritps m theyrclatc to Aloska and
Iawaii and any relatcd.oiT shntw delivery bf contractcd products/ egWpu ent and rdlated $<rviccs
Fmduc#s �attatt�ca und:ratuzns aha axqamaty nnro, Shatli� wzoxcbazw�e nr Yeturxi be wanauts~rl utoaase ol'pmduct
iNtlara Wopriate acammuodatlomwould be lm dled an a. mo by aas basil inoipdizrg �ttt�plizg nbargos?
23) 7'lea+sc descrllte any sel l"-:tpdit proc+adpm};rain .ytut piag to employ io yc:ril"y c�tita�iiCmnec idritli ytiux 6titleijiiitad
conlrgCt witb NJpA, i5limso lie its i:gceit'ic as possible.
Dtatlera ataMIalred to indlraate an NJPA lrurebnst~ alt their tastrellttsc iWO L W.0 a arc }rsclnfr6d Ict VVIart cumoluet
lntarinatioty iudludiuu� t itnrse, Cont -da lnfar mtion, and trartsaatlon grlar;. ?# 0 Sl(reclorul SMostmdIcs and reports on
all �Il'l*A gotttt�r#:galas ort ttgtiitt'larlpbasis.
bulustw Or " Seetal$pP,ali1c Otmittazzy--
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ADDENDUM ONE (4)
«y.
To that certain
NIPA RFP #02201&
issued by
Nationallolnt Powers Alllancem
For the procurement of
SEWER VACUUM, HYDRil-EXCAVATION, AND/OR StREETSWEEPER EQUIPMENT WITH RELATED ACCESSORIES AND
SUPPLIES -
Consider the following to be part of the titled RFP:
1) OLIPAtIOnS 6VI)MItted by Potential Responders at the Pre-Pr6posal Conference onTebruary 6, ZOIA are
listed In black ford and NIPA Answers are listed in blue:
Q, What percentage of your client base are public works departments versus school systems,
-A, Approximately 30% of NIPA's membership Is In Government -and about 40% of nnembership is In
Education.
0, How many contracts do you expect to award in this category?
'Ai Per section 1.13 of the RFP, NJPA's Intent is to award acontract toe tingle exclusive vendor but reserves
the right to award to multiple Proposers where the result of the responding Proposers justlfles a multiple
award and multiple contracts are deemed to be In the best interests of the NJPA member agencies,
Q: Clarify the normal purchase order and payment flowfor a manufacturer that utilizes
distributors. manufacturer accepts order from distributor, and manufacturer pays admin fee to NJPA
quarterly?
A: When a vendor Is awarded an:NJPA contract all authorized distributors/dealers are able to sell through
the contract. The PO would be accepted at the tlistributor/dealer level and the admtnfstrator/manufacturer
would be responsible to submit a cumulative sales report to NJPA on a quarterly basis with admin fee
payment.
Q, How and where In your point scale wilt you recognize a successful.prevtous NJPA awarded vendor?
A:; Form A questions address this and could be reflected in.a number of different criteria Including but not
limited tmIndustry & Marketplace success and Ability to Sell and Service Nationwide,
ACKNOWLEDGMENT OF ADDENDUM ONE (1) TO RFP DISTRIBUTED VIA EMAIL ON FEBRUARY 6, 2014
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Pricing, financials and marketing material were submitted with the response and is available upon request. Due to
the difficulty in emailing such a large file they were not included.
Asa public agency, NJPA proposals, responses and awarded contracts are a matter of public record, except for
that data included in the proposals, responses gnd.awarded contracts that Is classified as nonpublic; thus,
pursuant to NJPA policies and RFP terms and conditions, all documentation, exceptfor data which Is nonpublic,
Is available for review through a formal request process including a written request.
EXHIBIT B
SPECIFICATIONS AND PRICING PROPOSAL FOR
ONE (1) VACTOR 2112 CNG SEWER CLEANER
Haaker Equipment Company Page B-1
E Q U I P M E N T C O M P A N Y
2070 North White Avenue, La Verne, California 91750
(909) 598-2706 -• FAX (909) 598-1427 -• haaker.
March 8`h 2017
TS2: CITY OF NEWPORT BEACH A=- Mr. Kyle Brodowski
949 W. Is` St. 949-;644-3063
Newport Beach, CA kbrodowski@newportbeachca.gov
In accordance with your request, we are pleased to submit the following proposal for your consideration
and approval based on the NJPA Cooperative Purchasing Agreentent — Contract 4022014 -FSC.
ONE (1) VACTOR 2112 CNG SEWER CLEANER
12 Cubic Yard Capacity Catch Basin Cleaner and Sewer Cleaner Mounted on new 2017 Peterbilt 520
CNG Chassis with ISL -G Engine and Automatic Transmission. Complete with All Standard Equipment
and the Following Equipment:
STANDARD FEATURES INCLUDED
48" x 22" x 24" Curb Side Aluminum Toolbox
Aluminum Fenders
Mud Flaps
• Electric/Hydraulic Four Way Boom
Color Coded Sealed Electrical System
Remote Pendant Control w/35' Cord
Vansco-Electronic Package
• Double Acting Dump Hoist Cylinder
Handgun Assy. w/1/2" x 35' Hose w/Quick Disconnects
3" Y -Strainer at Water Pump Inlet
Ex -Ten Steel Cylindrical Debris Tank
Flexible Hose Guide
30 Deg. Sand Nozzle w/Carbide Inserts
30 Deg. Sanitary Nozzle w/Carbide Inserts
• 15 Deg. Penetrator Nozzle w/Carbide Inserts
Nozzle Storage Rack
• Vacuum Tube Storage: Curbside (2) Pipe, Rear Door (2) Pipe
V Nozzle
V X 10' Leader Hose
Flat Rear Door w/Hydraulic Locks and Door
Power-up/Down, Open/Close Feature
• Dual 10" Stainless Steel Float Shut Off System/Rear
Mounted
Debris Body Vacuum Relief System
Debris Deflector Plate
60" Dump Height
Water Sight Gauge DS/PS
Liquid Float Level Indicator
Roots 821-15" Hg. Blower
Boom Transport Post Storage
3" Y -Strainer @ Water Pump w/3" Drain Valve
• Performance Package: (Hyd Variable Flow, Dual PTO's.
Dual Hyd. Pumps)
1" Water Relief Valve for Vactor Water Pump
Stainless Steel Microstrainer
Blower Air Shift Controls
• Hydraulic Cooling Package
Midship Handgun Coupling
Side Mounted Water Pump
Hose Wind Guide (Dual Roller)
• Hose Footage Counter - Mechanical
Hose Reel Manual Hyd. Extend/Retract
Hose Reel Chain Cover (Full)
Tachometer/Chassis Engine W/Hourmeter
Circuit Breakers
LED Lights. Clearance, Back -Up, Stop, Tail & Turn
Tow Hooks, Front and Rear
Electronic Back -Up Alarm
• Hydraulic Tank Shutoff Valves
8" Vacuum Pipe Package
Emergency Flare Kit
Fire Extinguisher 5 Lbs.
Water Pump Hour Meter
• PTO Hour Meter
Vactor 2100 Plus Body Decal - Multi -Colored
Vactor Manual, Partial Manual and USB Version
ADDITIONAL FEATURES INCLUDED
3" Y -Strainer w/25' Fill Hose
• 180 Degree Rotation, 10 Ft. Hydraulic Telescoping
Boom, Front Loading 8" Suction Hose
Telescopic Boom Elbow, Hard Hat Style
80 GPM Variable Flow Water System
2500 PSI Water Pressure
1" x 800' Piranha Sewer Hose, 2500 PSI
Hydraulic Extend/Rotating 15" Hose Reel (1" x 800) Capacity
• Module Paint, Dupont Imron Elite - Sanded Primer Base
Debris Body Flush Out System
• Debris Body Load Limit Alarm functionally tied to Vac Relief
6" Butterfly Valve, Rear Door, 3:00 Position
6" Knife Valve w/Cam-Loc, Rear Door, 6:00 Position
Additional Water, Water and Debris Tanks Joined
Centrifugal Separators
Folding Pipe Rack, Curbside
Folding Pipe Rack, Streetside
Rear Door Splash Shield
Lube Manifold
Plastic Lube Chart
• Low Water Light w/Alarm and Water Pump Flow Indicator
Front Joystick Boom Control
Wireless Controls, including hose reel controls
Rodder System Accumulator- Jack Hammer on/off
control w/ manual valve
Handgun Couplers, Front and Rear
Hydro Excavation Kit/Retract Reel w/1/2" X 50' Hose
and Nozzle
Automatic Hose Level Wind Guide, Indexing
Digital Hose Footage Counter
Hose Reel Manual Rewind
Handgun Hose Reel w/Spring Retract
Rodder Pump Drain Valves
Hand Light w/Bumper Plug
Waterproof, Rechargeable, Wireless, Handheld, LED
Spot Light w/12V Charger and Plug
LED Mid -Ship Tum Signals
Worklights (2), LED, Telescoping Boom
Worklights (2), LED, Rear Door
Worklight, LED, Operators Station
Worklight, LED, Hose Reel Manhole
Worklight, LED, Curb Side
Worklight, LED, Street Side
Toolbox, Driver Side Chassis Frame, 60w x 24h x 24d
Toolbox, Driver Side Subframe, 18w x 24h x 24d
(4) Long Handle Tool Storage Locations Behind Cab
Camera System, Front, Rear and Both Sides
Safety Cone Storage Rack - Post Style
Additional Safety Cone Storage Rack - Post Style
Digital Water Pressure Gauge
Door Stripe Material, Reflective Tape
(2) 8" x T-6" Aluminum Vacuum Tube
(2) 8" x 6-6" Aluminum Catch Basin Nozzle Assembly
Whelen LED Light Package
Polybrid Tank Coating
NJPA Unit Price...............................................................
3% NJPA Discount: .....................................................................
Subtotal: .......................................................................................
Sales Tax (8.0%)..................................................................
TOTAL PRICE F.O.B. NEWPORT BEACH, CA .....................
$ 498,984.00
.($ 14,969.52)
$ 484,014.48
$ 38,721.15
$ 522,735.63
EXHIBIT C
WARRANTIES
Haaker Equipment Company Page C-1
LIMITED WARRANTY
Limited Warranty. Each machine manufactured by VACTOR/GUZZLER MANUFACTURING (or, 'the Company') is
warranted against defects in material and workmanship for a period of 12 months, provided the machine is used in
a normal and reasonable manner and in accordance with all operating instructions. In addition, certain machines
and components of certain machines have extended warranties as set forth below. If sold to an end user, the
applicable warranty period commences from the date of delivery to the end user. If used for rental purposes, the
applicable warranty period commences from the date the machine is first made available for rental by the Company
or its representative. This limited warranty may be enforced by any subsequent transferee during the warranty
period. This limited warranty is the sole and exclusive warranty given by the Company.
STANDARD EXTENDED WARRANTIES (Total Warranty Duration)
2100 Series. HXX. Series and Jeffers 10 years against metal water lank leakage due to corrosion. Nonmetallic
water tanks are covered for 5 years against any factory defect in
material or workmanship.
2100 Series and HXX only 5 years against leakage of debris tank, centrifugal compressor or
housing due to rust -through.
2100 Series and Jetters 2 years - Vector Redder Pump on all unit serial numbers starting with
134#V4HNW
Exdusive Remedv. Should any warranted product fail during the warranty period, the Company will cause to
be repaired or replaced, as the Company may elect, any part or parts of such machine that the Company's
examination discloses to be defective in material or factory workmanship. Repairs or replacements are to be made
at the selling Vactor/Guzzler distributor's location or at other locations approved by the Company. In lieu of repair
or replacement, the Company may elect, at its sole discretion, to refund the purchase price of any product deemed
defective. The foregoing remedies shall be the sole and exclusive remedies of any party making a valid warranty
claim.
This Limited Warranty shall not appy to (and the Company shall not be respons hie for):
1. Major components or trade accessories that have a separate warranty from their original manufacturer, such
as, but not limited to, trucks, engines, hydraulic pumps and motors, tires and batteries.
2. Normal adjustments and maintenance services.
3. Normal wear parts such as, but not limited to, oils, fluids, vacuum hose, light bulbs, fuses and gaskets.
4. Failures resulting from the machine being operated in a manner or for a purpose not recommended by the
Company.
5. Repairs, modifications or alterations without the express written consent of the Company, which in the
Company's sole judgment, have adversely affected the machine's stability, operation or reliability as originally
designed and manufactured.
6. Items subject to misuse, negligence, accident or improper maintenance.
'NOTE' The use in the product of any part other than parts approved by the Company may invalidate this warranty
The Company reserves the right to determine, in its sole discretion, if the use of non -approved parts operates to
invalidate the warranty. Nothing contained in this warranty shall make the Company liable for loss, injury, or damage
of any kind to any person or entity resulting from any defect or failure in the machine.
THIS WARRANTY SHALL BE IN LIEU OFALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FORA
PARTICULAR PURPOSE, ALL OF WHICH ARE DISCLAIMED.
This warranty is in lieu of all other obligations or liabilities, contractual and otherwise, on the part of the Company.
For the avoidance of doubt, the Company shall not be liable for any indirect, special, incidental or consequential
damages, including, but not limited to, loss of use or lost profits. The Company makes no representation that the
machine has the capacity to perform any functions other than as contained in the Company's written literature,
catalogs or specifications accompanying delivery of the machine. No person or affiliated company representative is
authorized to alter the terms of this warranty, to give any other warranties or to assume any other liability on behalf
of the Company in connection with the sale, servicing or repair of any machine manufactured by the Company. Any
legal action based hereon must be commenced within eighteen (18) months of the event or facts giving rise to such
action.
The Company reserves the right to make design changes or improvements in its products without imposing any
obligation upon itself to change or improve previously manufactured products.
`i VACTOR/GUZZLER MANUFACTURING
1621 S. Illinois Street
TA /
V TOR Streator, IL 61364
'(�u/�1� , a 12-132012
EXHIBIT D
1. INSURANCE REQUIREMENTS — VENDORS
1.1 Provision of Insurance. Without limiting Vendor's indemnification of
City, and prior to commencement of work, Vendor shall obtain, provide and
maintain at its own expense during the term of this Agreement, policies of
insurance of the type and amounts described below and in a form satisfactory to
City. Contractor agrees to provide insurance in accordance with requirements set
forth here. If Contractor uses existing coverage to comply and that coverage does
not meet these requirements, Contractor agrees to amend, supplement or endorse
the existing coverage.
1.2 Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, with an assigned
policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or
larger) in accordance with the latest edition of Best's Key Rating Guide, unless
otherwise approved by the City's Risk Manager.
1.3 Coverage Requirements.
1.3.1 Workers' Compensation Insurance. Vendor shall maintain
Workers' Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each accident for
bodily injury by accident and each employee for bodily injury by disease in
accordance with the laws of the State of California, Section 3700 of the Labor
Code.
1.3.1.1 Vendor shall submit to City, along with the
certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
1.3.2 General Liability Insurance. Vendor shall maintain
commercial general liability insurance, and if necessary umbrella liability
insurance, with coverage at least as broad as provided by Insurance Services
Office form CG 00 01, in an amount not less than one million dollars ($1,000,000)
per occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an insured
contract (including the tort liability of another assumed in a business contract) with
no endorsement or modification limiting the scope of coverage for liability assumed
under a contract.
1.3.3 Automobile Liability Insurance. Vendor shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00
01 covering bodily injury and property damage for all activities of the Vendor arising
out of or in connection with Work to be performed under this Agreement, including
Haaker Equipment Company Page D-1
coverage for any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit each accident.
1.4 Other Insurance Requirements. The policies are to contain, or be
endorsed to contain, the following provisions:
1.4.1 Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees and
volunteers or shall specifically allow Vendor or others providing insurance
evidence in compliance with these requirements to waive their right of recovery
prior to a loss. Vendor hereby waives its own right of recovery against City, and
shall require similar written express waivers from each of its subcontractors.
1.4.2 Additional Insured Status. All liability policies including
general liability, excess liability, pollution liability, and automobile liability, but not
including professional liability, shall provide or be endorsed to provide that City and
its officers, officials, employees, and agents shall be included as insureds under
such policies.
1.4.3 Primary and Non Contributory. All liability coverage shall
apply on a primary basis and shall not require contribution from any insurance or
self-insurance maintained by City.
1.4.4 Notice of Cancellation. All policies shall provide City with thirty
(30) days' notice of cancellation (except for nonpayment for which ten (10) days'
notice is required) or nonrenewal of coverage for each required coverage.
1.5 Additional Agreements Between the Parties. The Parties hereby
agree to the following:
1.5.1 Evidence of Insurance. Vendor shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along
with a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates and
endorsement must be approved by City's Risk Manager prior to commencement
of performance. Current certification of insurance shall be kept on file with City at
all times during the term of this contract. City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
1.5.2 City's Right to Revise Requirements. The City reserves the
right at any time during the term of the contract to change the amounts and types
of insurance required by giving the Vendor sixty (60) days advance written notice
of such change. If such change results in substantial additional cost to the Vendor,
the City and Vendor may renegotiate Contractor's compensation.
1.5.3 Enforcement of Contract Provisions. Vendor acknowledges
and agrees that any actual or alleged failure on the part of the City to inform Vendor
of non-compliance with any requirement imposes no additional obligations on the
City nor does it waive any rights hereunder.
Haaker Equipment Company Page D-2
1.5.4 Requirements not Limiting. Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation
on coverage, limits or other requirements, or a waiver of any coverage normally
provided by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not intended by
any Party or insured to be all inclusive, or to the exclusion of other coverage, or a
waiver of any type.
1.5.5 Self-insured Retentions. Any self-insured retentions must
be declared to and approved by City. City reserves the right to require that self-
insured retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
1.5.6 City Remedies for Non Compliance If Vendor or any
subVendor fails to provide and maintain insurance as required herein, then City
shall have the right but not the obligation, to purchase such insurance, to terminate
this agreement, or to suspend Vendor's right to proceed until proper evidence of
insurance is provided. Any amounts paid by City shall, at City's sole option, be
deducted from amounts payable to Vendor or reimbursed by Vendor upon
demand.
1.5.7 Timely Notice of Claims. Vendor shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result from
Vendor's performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies.
1.5.8 Vendor's Insurance. Vendor shall also procure and maintain,
at its own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the Work.
Haaker Equipment Company Page D-3
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 4/4/17 Dept./Contact Received From: Joan
Date Completed: 5/9/17 Sent to: Joan By: Alicia
Company/Person required to have certificate: Haaker Equipment Company
Type of contract: All Other
1. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 5/1/17-5/1/18
A.
INSURANCE COMPANY: Sentry Select Insurance Company
B.
AM BEST RATING (A-: VII or greater): A+: XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
500K/50OK/2.5M+I OM/30M
D.
LIMITS (Must be $1 M or greater): What is limit provided?
umbrella
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes ® No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II. AUTOMOBILE
LIABILITY
EFFECTIVE/EXPIRATION DATE: 5/1/17-5/1/18
A.
INSURANCE COMPANY: Sentry Select Insurance Company
B.
AM BEST RATING (A-: VII or greater) A+: XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
500K/500K/2,500,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
® N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes ® No
H.
NOTICE OF CANCELLATION:
❑ N/A 0 Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 5/1/17-5/1/18
A.
INSURANCE COMPANY: Serape America Insurance Company
B.
AM BEST RATING (A-: VII or greater): A+: XV
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
1M
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
W. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
5/9/1
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management Date
" Subject to the terms of the contract.