HomeMy WebLinkAboutHaaker Equipment Co Inc Formal Cooperative Purchase Agreement 12-13-23 DocuSign Envelope ID: 19297220-95FF-43A3-A84F-5B5DC84B170F
FORMAL COOPERATIVE PURCHASE AGREEMENT
THIS AGREEMENT (Agreement) is made and entered into, effective on
z/ o
by and between CITY OF FRESNO, a California municipal
corporation (City), and Haaker Equipment Company Inc., a (Vendor).
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions,
and promises hereinafter contained to be kept and performed by the respective parties,
it is mutually agreed as follows:
1. The Charter for the City allows for cooperative purchase agreements for materials,
supplies, and equipment. The City may use another government agency's
agreement, as an exception to the competitive bid process. The Parties agree that
the Vendor has entered a contract with Sourcewell Original Contract RFP#
093021-ELG (Original Government Contract). The solicitation for the Original
Government Contract is attached as Exhibit A.
2. Vendor's Obligation. Vendor shall provide those services and carry out that work
described in the Original Government Contract, which is attached hereto as
Exhibit B and is incorporated herein by reference, subject to all the terms and
conditions contained or incorporated herein.
3. City's Obligation. City shall make to the Vendor those payments described in
Exhibits A and B, subject to all the terms and condition contained or incorporated
herein
4. Notwithstanding the requirements that the Original Government Contract is fully
binding on the Parties, the parties have agreed to modify certain non-material
provisions of the Original Government Contract as applied to this Agreement
between the Vendor and the City, as follows:
a) City's Insurance and Indemnity provisions attached as Exhibit C.
b) Address change for the City: Notwithstanding the address and contract
information for the government entity as set out in Exhibit B, the Vendor
agrees that notices and invoices will be sent to:
City of Fresno
Attention: Miguel Ramirez
2101 G Street, Bldg F
Fresno, Ca 93706
Phone: (559) 621-1126
E-mail:Miguel.Ramirez2@fresno.gov
c) Notwithstanding anything in Exhibits A and B to the contrary, this
Agreement shall be governed by, and construed and enforced in
accordance with , the laws of the State of California, excluding however,
any conflict of laws rule which would apply the law of another jurisdiction.
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DocuSign Envelope ID: 19297220-95FF-43A3-A84F-5B5DC84B170F
Venue for purposes of the filing of any action regarding the enforcement or
interpretation of this Agreement and any rights and duties hereunder shall
be Fresno County, California.
d) All other provisions in the Original Government Contract are fully binding on
the parties and will represent the agreement between the City and the
Vendor.
5, The City Manager, or designee, is hereby authorized and directed to execute and
implement this Agreement. The previous sentence is not intended to delegate any
authority to the City Manager to administer the Agreement, any delegation of
authority must be expressly included in the Agreement.
[Signatures follow on the next page.]
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DocuSign Envelope ID: 19297220-95FF-43A3-A84F-5B5DC84B170F
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO, Haaker Equipment Company Inc.,
a Calif%%�jnynicipal corporation Boo uWg nod by:
B httssa �t,va(t,S 12/11/2023 By:Fbl1A, IAA W 11/9/2023
Y: Pqt,
Melissa erases Robin Haaker
Purchasing Manager Name:
General Services Department
Title: President
APPROVED AS TO FORM: (if corporation or LLC., Board Chair,
ANDREW JANZ , Ce Pres.)
City A�tar ok,ge�by. 11/9/2023
I '"1L 1 By:
By: (LyixitAi- (,�t,AYtlar 12/12/2023 Matthew Woods
Date Name:
Supv./Sr. Deputy City Attorney Title: v.P. sales
ATTEST: (if corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
TODD STERMER, CMC
City Qerl�,gn by. VENDOR:
B 'rya �¢, 12/13/2023 Haaker Equipment Company Inc.
Y: Attention: George Lopez
2070 N White Ave
Deputy La Verne, Ca 91750
Phone: (951) 258-7617
E-mail: georgel@haaker.com
Attachments:
Exhibit A- Original Solicitation
Exhibit B - Original Government Contract
Exhibit C - City's Insurance and Indemnity
GSD-B Formal Product CPA-DPW(12-2022)
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DocuSign Envelope ID: 19297220-95FF-43A3-A84F-5B5DC84B170F
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Sourcewell i
RFP #093021
REQUEST FOR PROPOSALS
for
Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories,
and Supplies
Proposal Due Date: September 30, 2021, 4:30 p.m., Central Time
Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting
proposals for Street Sweepers and Specialty Sweepers,with Related Equipment,Accessories,and
Supplies to result in a contracting solution for use by its Participating Entities. Sourcewell
Participating Entities include thousands of governmental, higher education, K-12 education,
nonprofit,tribal government,and other public agencies located in the United States and Canada.
A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal
[htt s: ro ortal.sourcewell-mn. Ov]. Only proposals submitted through the Sourcewell
Procurement Portal will be considered. Proposals are due no later than September 30, 2021, at
4:30 p.m. Central Time, and late proposals will not be considered.
Solicitation Schedule
Public Notice of RFP Published: August 12, 2021
Pre-proposal Conference: September 1, 2021, 10:00 a.m., Central Time
Question Submission Deadline: September 23, 2021, 4:30 p.m., Central Time
Proposal Due Date: September 30, 2021,4:30 p.m., Central Time
Late responses will not be considered.
Opening: September 30, 2021, 6:30 p.m., Central Time
See RFP Section V.G."Opening"
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Street Sweepers and Specialty Sweepers,with
Related Equipment,Accessories,and Supplies
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I. ABOUT SOURCEWELL
A. SOURCEWELL
Sourcewell is a State of Minnesota local government unit and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21)that facilitates
a competitive public solicitation and contract award process for the benefit of its 50,000+
participating entities across the United States and Canada. Sourcewell's solicitation process
complies with State of Minnesota law and policies, conforms to Canadian trade agreements,
and results in cooperative purchasing solutions from which Sourcewell's Participating Entities
procure equipment, products, and services.
Cooperative purchasing provides participating entities and suppliers increased administrative
efficiencies and the power of combined purchasing volume that result in overall cost savings. At
times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing
volume of their membership into a single solicitation and contract expanding the reach of
contracted suppliers' potential pool of end users.
Sourcewell uses a website-based platform,the Sourcewell Procurement Portal,through which
all proposals to this RFP must be submitted.
B. USE OF RESULTING CONTRACTS
In the United States, Sourcewell's contracts are available for use by:
■ Federal and state government entities;
• Cities, towns, and counties/parishes;
• Education service cooperatives;
• K-12 and higher education entities;
■ Tribal government entities;
• Some nonprofit entities; and
• Other public entities.
In Canada, Sourcewell's contracts are available for use by:
■ Provincial and territorial government departments, ministries, agencies, boards,
councils, committees, commissions, and similar agencies;
• Regional, local, district, and other forms of municipal government, municipal
organizations, school boards, and publicly-funded academic, health, and social service
entities referred to as MASH sector(this should be construed to include but not be
limited to the Cities of Calgary, Edmonton,Toronto, Ottawa, and Winnipeg), as well as
any corporation or entity owned or controlled by one or more of the preceding entities;
• Crown corporations,government enterprises, and other entities that are owned or
controlled by these entities through ownership interest;
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Members of the Rural Municipalities of Alberta (RMA) and their represented
Associations: MASH (municipalities, academic institutions, schools and hospitals) and
MUSH (municipalities, universities,schools and hospitals) sectors, and other
governmental agencies eligible to use the Sourcewell contracts. MASH and MUSH
sector refers to regional, local, district or other forms of municipal government, school
boards, publicly-funded academic, health and social service entities, as well as any
corporation or entity owned or controlled by one or more of the preceding entities,
including but not limited to represented associations,Saskatchewan Association of
Rural Municipalities ("SARM"), Association of Manitoba Municipalities ("AMM"), Local
Authorities Services/Association of Municipalities Ontario ("LAS/AMO", excluding the
cities of Toronto and Ottawa), Nova Scotia Federation of Municipalities ("NSFM"),
Federation of Prince Edward Island Municipalities ("FPEIM"), Municipalities
Newfoundland Labrador("MNL"), Union of New Brunswick Municipalities ("UNBM"),
North West Territories Association of Communities ("NWTAC") and their members.
RMA Participants may include all not-for-profit agencies for Canadian provinces and
territories.
For a listing of current United States and Canadian Participating Entities visit Sourcewell's
website (note:there is a tab for each country): htt s: /www,sourcewell-mn.gov/sourcewell-for-
yendorslaggDcy_-1 ocator.
Participating Entities typically access contracted equipment, products, or services through a
purchase order issued directly to the contracted supplier. A Participating Entity may request
additional terms or conditions related to a purchase. Use of Sourcewell contracts is voluntary
and Participating Entities retain the right to obtain similar equipment, products, or services
from other sources.
To meet Participating Entities' needs, Sourcewell broadly publishes public notice of all
solicitation opportunities, including this RFP. In the United States each state-level procurement
department receives notice for possible re-posting.
Proof of publication will be available at the conclusion of the solicitation process.
II. SOLICITATION DETAILS
A. SOLUTIONS-BASED SOLICITATION
This RFP and contract award process is a solutions-based solicitation; meaning that Sourcewell
is seeking equipment, products, or services that meet the general requirements of the scope of
this RFP and that are commonly desired or are required by law or industry standards.
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Street Sweepers and Specialty Sweepers,with
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B. REQUESTED EQUIPMENT, PRODUCTS OR SERVICES
It is expected that proposers will offer a wide array of equipment, products, or services at lower
prices and with better value than what they would ordinarily offer to a single government
entity, a school district, or a regional cooperative.
1. Sourcewell is seeking proposals for Street Sweepers and Specialty Sweepers, with
Related Equipment,Accessories, and Supplies intended or designed for the sweeping,
vacuuming, or cleaning of streets, roadways, alleys, parking facilities, sidewalks,trails, paths,
and airport runway or airfield surfaces, such as:
a. Street, sidewalk, parking lot, and runway sweeping and cleaning equipment of every
size, model, or design;
b. Litter,trash, and debris vacuums; and,
c. Supplies and replacement or wear parts related to the offering of the solutions in
subsections 1. a.—b. above.
2. Sourcewell is seeking a wide variety and range of the equipment described in Section 1.
a.—c. above by: 1) purpose-built, chassis-mounted,trailer-mounted, or walk-behind/beside
design; 2) engine type, including conventional internal combustion, natural gas, or propane
autogas, hybrid or alternative fuels, and electric powered solutions; and, 3) optional equipment
or accessory offerings.
3. The primary focus of this solicitation is on Street Sweepers and Specialty Sweepers,with
Related Equipment, Accessories, and Supplies, and the related offering of equipment, supplies
and services.This solicitation should NOT be construed to include "services only" solutions.
4. This solicitation does not include those equipment, products, or services covered under
categories included in contracts currently maintained by Sourcewell:
a. Snow and Ice Handling Equipment, Supplies, and Accessories (RFP#080818);
b. Facility MRO (Maintenance, Repair&Operations), Industrial & Building Supplies with
Related Equipment,Accessories, Supplies &Services (RFP#121218);
c. Airport Runway and Emergency Equipment with Related Accessories (RFP#030619);
d. Janitorial Supplies and Equipment with Related Services (RFP#101320);
e. Grounds Maintenance Equipment, Attachments, and Accessories with Related Services
(RFP#031121); and,
f. Roadway Maintenance Equipment (RFP#080521).
Proposers may include related equipment, accessories, and services to the extent that these
solutions are complementary to the equipment, products, or service(s) being proposed.
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Generally,the solutions for Participating Entities are turn-key solutions, providing a
combination of equipment, products and services, delivery, and installation to a properly
operating status. However, equipment or products only solutions may be appropriate for
situations where Participating Entities possess the ability, either in-house or through local third-
party contractors,to properly install and bring to operation the equipment or products being
proposed.
Sourcewell prefers suppliers that provide a sole source of responsibility for the equipment,
products, and services provided under a resulting contract. If proposer is including the
equipment, products, and services of its subsidiary entities,the proposer must also identify all
included subsidiaries in its proposal. If proposer requires the use of distributors, dealers,
resellers, or subcontractors to provide the equipment, products, or services, the proposal must
address how the equipment, products or services will be provided to Participating Entities, and
describe the network of distributors, dealers, resellers, and/or subcontractors that will be
available to serve Participating Entities under a resulting contract.
Sourcewell desires the broadest possible selection of equipment, products, and services being
proposed over the largest possible geographic area and to the largest possible cross-section of
Sourcewell current and future Participating Entities.
C. REQUIREMENTS
It is expected that proposers have knowledge of all applicable industry standards, laws, and
regulations and possess an ability to market and distribute the equipment, products, or services
to Participating Entities.
1. Safety Requirements.All items proposed must comply with current applicable safety or
regulatory standards or codes.
2. Deviation from industry Standard. Deviations from industry standards must be
identified with an explanation of how the equipment, products, and services will provide
equivalent function, coverage, performance, and/or related services.
3. New Equipment and Products. Proposed equipment and products must be for new,
current model; however, proposer may offer certain close-out equipment or products if
it is specifically noted in the Pricing proposal.
4. Delivered and operational. Unless clearly noted in the proposal, equipment and
products must be delivered to the Participating Entity as operational.
5. Warranty.All equipment, products, supplies, and services must be covered by a
warranty that is the industry standard or better.
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Related Equipment,Accessories,and Supplies
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D. ANTICIPATED CONTRACT TERM
Sourcewell anticipates that the term of any resulting contract(s)will be four years, with an
optional one year extension that may be offered based on the best interests of Sourcewell and
its Participating Entities.
E. ESTIMATED CONTRACT VALUE AND USAGE
Based on past volume of similar contracts,the estimated annual value of all transactions from
contracts resulting from this RFP are anticipated to be USD$48 Million;therefore, proposers
are expected to propose volume pricing. Sourcewell anticipates considerable activity under the
contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract
are not guaranteed.
F. MARKETING PLAN
Proposer's sales force will be the primary source of communication with Participating Entities.
The proposer's Marketing Plan should demonstrate proposer's ability to deploy a sales force or
dealer network to Participating Entities, as well as proposer's sales and service capabilities. It is
expected that proposer will promote and market any contract award.
G. ADDITIONAL CONSIDERATIONS
1. Contracts will be awarded to proposers able to best meet the need of Participating
Entities. Proposers should submit their complete line of equipment, products, or
services that are applicable to the scope of this RFP.
2. Proposers should include all relevant information in its proposal, since Sourcewell
cannot consider information that is not included in the proposal. Sourcewell reserves
the right to verify proposer's information and may request clarification from a proposer,
including samples of the proposed equipment or products.
3. Depending upon the responses received in a given category,Sourcewell may need to
organize responses into subcategories in order to provide the broadest coverage of the
requested equipment, products, or services to Participating Entities. Awards may be
based on a subcategory.
4. A proposer's documented negative past performance with Sourcewell or its
Participating Entities occurring under a previously awarded Sourcewell contract may be
considered in the evaluation of a proposal.
III. PRICING
A. REQUIREMENTS
All proposed pricing must be:
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1. Either Line-Item Pricing or Percentage Discount from Catalog Pricing, or a combination of
these:
a. Line-item Pricing is pricing based on each individual product or services. Each line must
indicate the proposer's published "List Price," as well as the "Contract Price."
b. Percentage Discount from Catalog or Category is based on a percentage discount from
a catalog or list price, defined as a published Manufacturer's Suggested Retail Price
(MSRP) for the products or services. Individualized percentage discounts can be
applied to any number of defined product groupings. Proposers will be responsible
for providing and maintaining current published MSRP with Sourcewell, and this
pricing must be included in its proposal and provided throughout the term of any
Contract resulting from this RFP.
2. The proposer's not to exceed price. A not to exceed price is the highest price for which
equipment, products, or services may be billed to a Participating Entity. However, it is
permissible for suppliers to sell at a price that is lower than the contracted price.
3. Stated in U.S. and Canadian dollars (as applicable).
4. Clearly understandable,complete,and fully describe the total cost of acquisition (e.g.,the
cost of the proposed equipment, products, and services delivered and operational for its
intended purpose in the Participating Entity's location).
Proposers should clearly identify any costs that are NOT included in the proposed product or
service pricing. This may include items such as installation, set up, mandatory training, or initial
inspection. Include identification of any parties that impose such costs and their relationship to
the proposer. Additionally, proposers should clearly describe any unique distribution and/or
delivery methods or options offered in the proposal.
B. ADMINISTRATIVE FEES
Proposers are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell
facilitating the resulting contracts.The administrative fee is normally calculated as a percentage
of the total sales to Participating Entities for all contracted equipment,products,or services made
during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some
categories, a flat fee may be an acceptable alternative.
IV. CONTRACT
Proposers awarded a contract will be required to execute a contract with Sourcewell (see
attached template). Only those modifications the proposer indicates in its proposal will be
available for discussion. Much of the language in the Contract reflects Minnesota legal
requirements and cannot be altered. Numerous and/or onerous exceptions that contradict
Minnesota law may result in the proposal being disqualified from further review and
evaluation.
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Street Sweepers and Specialty Sweepers,with
Related Equipment,Accessories,and Supplies
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To request a modification to the template Contract, a proposer must submit the Exceptions to
Terms, Conditions, or Specifications table with its proposal. Only those exceptions noted at the
time of the proposal submission will be considered.
Exceptions must:
1. Clearly identify the affected article and section.
2. Clearly note the requested modification; and as applicable, provide requested
alternative language.
Unclear requests will be automatically denied.
Only those exceptions that have been accepted by Sourcewell will be included in the contract
document provided to the awarded supplier for signature.
If a proposer receives a contract award resulting from this solicitation it will have up to 30 days
to sign and return the contract.After that time, at Sourcewell's sole discretion,the contract
award may be revoked.
V. RFP PROCESS
A. PRE-PROPOSAL CONFERENCE
Sourcewell will hold an optional, non-mandatory pre-proposal conference via webcast on the
date and time noted in the Solicitation Schedule for this RFP and on the Sourcewell
Procurement Portal.The purpose of this conference is to allow potential proposers to ask
questions regarding this RFP and Sourcewell's competitive contracting process. Information
about the webcast will be sent to all entities that have registered for this solicitation
opportunity through their Sourcewell Procurement Portal Supplier Account. Pre-proposal
conference attendance is optional.
B. QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION
All questions regarding this RFP must be submitted through the Sourcewell Procurement Portal.
The deadline for submission of questions is found in the Solicitation Schedule and on the
Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to
this RFP. Repetitive questions will be summarized into a single answer and identifying
information will be removed from the submitted questions.
All questions, whether specific to a proposer or generally related to the RFP, must be submitted
using this process. Do not contact individual Sourcewell staff to ask questions or request
information as this may disqualify the proposer from responding to this RFP. Sourcewell will not
respond to questions submitted after the deadline.
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Street Sweepers and Specialty Sweepers,with
Related Equipment,Accessories,and Supplies
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C. ADDENDA
Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an
addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to
potential proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability
in connection with the delivery of any addenda.
Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if
any, must be acknowledged by the proposer by checking the box for each addendum. It is the
responsibility of the proposer to check for any addenda that may have been issued up to the
solicitation due date and time.
If an addendum is issued after a proposer submitted its proposal,the Sourcewell Procurement
Portal will WITHDRAW the submission and change the proposer's proposal status to
INCOMPLETE.The proposer can view this status change in the "MY BIDS" section of the
Sourcewell Procurement Portal Supplier Account. The proposer is solely responsible to check
the "MY BIDS" section of the Sourcewell Procurement Portal Supplier Account periodically after
submitting its proposal (and up to the Proposal Due Date). If the proposer's proposal status has
changed to INCOMPLETE,the proposer is solely responsible to:
i) make any required adjustments to its proposal;
ii) acknowledge the addenda; and
iii) ensure the re-submitted proposal is received through the Sourcewell Procurement Portal
no later than the Proposal Due Date and time shown in the Solicitation Schedule above.
D. PROPOSAL SUBMISSION
Proposer's complete proposal must be submitted through the Sourcewell Procurement Portal
no later than the date and time specified in the Solicitation Schedule. Any other form of
proposal submission, whether electronic, paper,or otherwise,will not be considered by
Sourcewell. Late proposals will not be considered. It is the proposer's sole responsibility to
ensure that the proposal is received on time.
It is recommended that proposers allow sufficient time to upload the proposal and to resolve
any issues that may arise.The time and date that a proposal is received by Sourcewell is solely
determined by the Sourcewell Procurement Portal web clock.
In the event of problems with the Sourcewell Procurement Portal,follow the instructions for
technical support posted in the portal. It may take up to 24 hours to respond to certain issues.
Upon successful submission of a proposal,the Sourcewell Procurement Portal will automatically
generate a confirmation email to the proposer. If the proposer does not receive a confirmation
email, contact Sourcewell's support provider at support@bidsandtenders.ca.
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To ensure receipt of the latest information and updates via email regarding this solicitation, or
if the proposer has obtained this solicitation document from a third party,the onus is on the
proposer to create a Sourcewell Procurement Portal Supplier Account and register for this
solicitation opportunity.
Within the Sourcewell Procurement Portal, all proposals must be digitally acknowledged by an
authorized representative of the proposer attesting that the information contained in in the
proposal is true and accurate. By submitting a proposal, proposer warrants that the information
provided is true, correct, and reliable for purposes of evaluation for potential contract award.
The submission of inaccurate, misleading, or false information is grounds for disqualification
from a contract award and may subject the proposer to remedies available by law.
E. GENERAL PROPOSAL REQUIREMENTS
Proposals must be:
• In substantial compliance with the requirements of this RFP or it will be considered
nonresponsive and be rejected.
• Complete. A proposal will be rejected if it is conditional or incomplete.
• Submitted in English.
• Valid and irrevocable for 90 days following the Proposal Due Date.
Any and all costs incurred in responding to this RFP will be borne by the proposer.
F. PROPOSAL WITHDRAWAL
Prior to the proposal deadline, a proposer may withdraw its proposal.
G. OPENING
The Opening of proposals will be conducted electronically through the Sourcewell Procurement
Portal. A list of all proposers will be made publicly available in the Sourcewell Procurement
Portal after the Proposal Due Date, but no later than the Opening time listed in the Solicitation
Schedule.
To view the list of proposers, verify that the Sourcewell Procurement Portal opportunities list
search is set to "All" or "Closed."The solicitation status will automatically change to "Closed"
after the Proposal Due Date and Time.
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VI. EVALUATION AND AWARD
A. EVALUATION
It is the intent of Sourcewell to award one or more contracts to responsive and responsible
proposers offering the best overall quality, selection of equipment, products, and services, and
price that meet the commonly requested specifications of Sourcewell and its Participating
Entities.The award(s) will be limited to the number of proposers that Sourcewell determines is
necessary to meet the needs of its Participating Entities. Factors to be considered in
determining the number of contracts to be awarded in any category may include the following:
• The number of and geographic location of:
o Proposers necessary to offer a comprehensive selection of equipment, products, or
services for Participating Entities' use.
o A proposer's sales and service network to assure availability of product supply and
coverage to meet Participating Entities' anticipated needs.
■ Total evaluation scores.
• The attributes of proposers, and their equipment, products, or services,to assist
Participating Entities achieve environmental and social requirements, preferences, and
goals.
Information submitted as part of a proposal should be as specific as possible when responding
to the RFP. Do not assume Sourcewell has any knowledge about a specific supplier or product.
B. AWARD(S)
Award(s)will be made to the proposer(s) whose proposal conforms to all conditions and
requirements of the RFP, and consistent with the award criteria defined in this RFP.
Sourcewell may request written clarification of a proposal at any time during the evaluation
process.
Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator
Scoring Guide (a copy is available in the Sourcewell Procurement Portal):
Conformance to RFP Requirements 50
Financial Viability and Marketplace Success 75
Ability to Sell and Deliver Service 100
Marketing Plan 50
Value Added Attributes 75
Warranty 50
Depth and Breadth of Offered Equipment, Products, or Services 200
Pricing 400
TOTAL POINTS 1000
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Related Equipment,Accessories,and Supplies
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C. PROTESTS OF AWARDS
Any protest made under this RFP by a proposer must be in writing, addressed to Sourcewell's
Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O.
Box 219, Staples, MN 56479.All documents that comprise the complete protest package must
be received no later than 10 calendar days'following Sourcewell's notice of contract award(s)
or non-award and must be time stamped by Sourcewell no later than 4:30 p.m., Central Time.A
protest must allege a procedural,technical, or legal defect,with supporting documentation.A
protest that merely requests a re-evaluation of a proposal's content will not be entertained
A protest must include the following items:
• The name, address, and telephone number of the protester;
• Identification of the solicitation by RFP number;
• A precise statement of the relevant facts;
• Identification of the alleged procedural,technical, or legal defect;
• Analysis of the basis for the protest;
■ Any additional supporting documentation;
■ The original signature of the protester or its representative; and
■ Protest bond in the amount of$20,000 (except where prohibited by law or treaty).
Protests that do not address these elements will not be reviewed-
D. RIGHTS RESERVED
This RFP does not commit Sourcewell to award any contract, and a proposal may be rejected if
it is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals that contain
false statements or do not support an attribute or condition stated by the proposer may be
rejected.
Sourcewell reserves the right to:
• Modify or cancel this RFP at any time;
• Reject any and all proposals received;
• Reject proposals that do not comply with the provisions of this RFP;
• Select, for contracts or for discussion, a proposal other than that with the lowest cost;
• Independently verify any information provided in a proposal;
■ Disqualify any proposer that does not meet the requirements of this RFP, is debarred or
suspended by the United States or Canada, State of Minnesota, Participating Entity's
state or province; has an officer, or other key personnel, who have been charged with a
serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a
reasonable prospect;
■ Waive or modify any informalities, irregularities, or inconsistencies in the proposals
received;
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Street Sweepers and Specialty Sweepers,with
Related Equipment,Accessories,and Supplies
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• Clarify any part of a proposal and discuss any aspect of the proposal with any proposer;
and negotiate with more than one proposer;
• Award a contract if only one responsive proposal is received if it is in the best interest of
Participating Entities; and
■ Award a contract to one or more proposers if it is in the best interest of Participating
Entities.
E. DISPOSITION OF PROPOSALS
All materials submitted in response to this RFP will become property of Sourcewell and will
become public record in accordance with Minnesota Statutes Section 13.591, after negotiations
are complete.Sourcewell considers that negotiations are complete upon execution of a
resulting contract. It is the proposer's responsibility to clearly identify any data submitted that
it considers to be protected. Proposer must also include a justification for the classification
citing the applicable Minnesota law.Sourcewell may reject proposals that are marked
confidential or nonpublic, either substantially or in their entirety.
Sourcewell will not consider the prices submitted by the proposer to be confidential,
proprietary, or trade secret materials. Financial information, including financial statements,
provided by a proposer is not considered trade secret under the statutory definition.
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Street Sweepers and Specialty Sweepers,with
Related Equipment,Accessories,and Supplies
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Sourcewell
►-
8/13/2021
Addendum No. 1
Solicitation Number: RFP 093021
Solicitation Name: Street Sweepers and Specialty Sweepers,with Related Equipment,
Accessories, and Supplies
Consider the following Amendment, and the Question and Answer,to be part of the
above-titled solicitation documents. The remainder of the documents remain
unchanged.
RFP Amendment:
To provide additional clarity on the requested equipment, products, or services of this
solicitation, RFP Subsection II. B.4. c. is revised to read as follows (new text in italics):
C. Airport Runway and Emergency Equipment with Related Accessories (RFP
#030619), with the exception of sweeping, vacuuming, or cleaning
equipment identified in subsections 1. a. and 1. b. above;
The remainder of the RFP content remains unchanged.
Question 1:
Does this RFP include sweepers for cleaning airport runways,taxiways, ramps and
related surfaces at airports and airfields?
Answer 1:
Sourcewell utilizes a competitive, solutions-based solicitation approach that is not based
on detailed specifications. Each proposer, in its discretion,will propose the equipment,
products, and services that it deems to fall within Sourcewell's requested equipment,
products, and services as described in the RFP. Refer to RFP Section II. B.—Requested
Equipment, Products, or Services, and the amendment immediately above.
DocuSign Envelope ID:19297220-95FF-43A3-A84F-5B5DC84B170F
End of Addendum
Acknowledgement of this Addendum to RFP 093021 posted to the Sourcewell
Procurement Portal on 8/13/2021, is required at the time of proposal submittal.
DocuSign Envelope ID:19297220-95FF-43A3-A84F-5B5DC84B170F
Sourcewell
8/25/2021
Addendum No. 2
Solicitation Number: RFP 093021
Solicitation Name: Street Sweepers and Specialty Sweepers,with Related Equipment,
Accessories, and Supplies
Consider the following Question and Answer to be part of the above-titled solicitation
documents. The remainder of the documents remain unchanged.
Question 1:
Is it better to bid as a manufacturer or through a dealer, distributor, or importer?
Answer 1:
In the competitive process, Sourcewell will not advise a proposer on the manner in
which it should submit a proposal. It is left to the discretion of each proposer to
articulate and propose the approach that aligns with its business methods and satisfies
the requirements of the RFP. Proposals are evaluated based on the criteria stated in the
RFP.
End of Addendum
Acknowledgement of this Addendum to RFP 093021 posted to the Sourcewell
Procurement Portal on 8/25/2021, is required at the time of proposal submittal.
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093021-ELG
Sourcewell
Solicitation Number: RFP#093021
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and Elgin Sweeper Company, 1300 West Bartlett Road, Elgin, IL 60120
(Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21)that offers
cooperative procurement solutions to government entities. Participation is open to eligible
federal, state/province, and municipal governmental entities, higher education, K-12 education,
nonprofit,tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Street Sweepers and Specialty Sweepers, with Related
Equipment, Accessories, and Supplies from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to
Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts
(Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE.This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION.This Contract expires November 16, 2025, unless it is
cancelled sooner pursuant to Article 22.This Contract may be extended one additional year
upon the request of Sourcewell and written agreement by Supplier.
C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all
payment obligations incurred prior to expiration or termination will survive, as will the
following:Articles 11 through 14 survive the expiration or cancellation of this Contract. All
rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or
Services as stated in its Proposal submitted under the Solicitation Number listed above.
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Supplier's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated
into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated
in Supplier's product and pricing list. Unless agreed to by the Participating Entities in advance,
Equipment or Products must be delivered as operational to the Participating Entity's site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated,
sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free
from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will
perform in accordance with the ordinary use for which they are intended. Supplier's dealers
and distributors must agree to assist the Participating Entity in reaching a resolution in any
dispute over warranty terms with the manufacturer. Any manufacturer's warranty that extends
beyond the expiration of the Supplier's warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout
the Contract term, Supplier must provide to Sourcewell a current means to validate or
authenticate Supplier's authorized dealers, distributors, or resellers relative to the Equipment,
Products, and Services offered under this Contract, which will be incorporated into this
Contract by reference. It is the Supplier's responsibility to ensure Sourcewell receives the most
current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price
stated in Supplier's Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a
Participating Entity's total cost of acquisition.This means that the quoted cost is for delivered
Equipment, Products, and Services that are operational for their intended purpose, and
includes all costs to the Participating Entity's requested delivery location.
Regardless of the payment method chosen by the Participating Entity,the total cost associated
with any purchase option of the Equipment, Products, or Services must always be disclosed in
the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS.All delivered Equipment and Products must be properly
packaged. Damaged Equipment and Products may be rejected. If the damage is not readily
apparent at the time of delivery, Supplier must permit the Equipment and Products to be
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returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable
time after delivery where circumstances or conditions prevent effective inspection of the
Equipment and Products at the time of delivery. In the event of the delivery of nonconforming
Equipment and Products,the Participating Entity will notify the Supplier as soon as possible and
the Supplier will replace nonconforming Equipment and Products with conforming Equipment
and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive
in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally
delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax-
exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax-
exempt entity.
C. HOT LIST PRICING. At anytime during this Contract, Supplier may offer a specific selection
of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to
Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed
from the Hot List at any time through a Sourcewell Price and Product Change Form as defined
in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and
discontinued Equipment and Products as long as those close-out and discontinued items are
clearly identified as such. Current ordering process and administrative fees apply. Hot List
Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any
time. All requests must be made in writing by submitting a signed Sourcewell Price and Product
Change Request Form to the assigned Sourcewell Supplier Development Administrator. This
approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum,the request must:
• Identify the applicable Sourcewell contract number;
• Clearly specify the requested change;
d Provide sufficient detail to justify the requested change;
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• Individually list all Equipment, Products, or Services affected by the requested change,
along with the requested change (e.g., addition, deletion, price change); and
• Include a complete restatement of pricing documentation in Microsoft Excel with the
effective date of the modified pricing, or product addition or deletion.The new pricing
restatement must include all Equipment, Products, and Services offered, even for those
items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Change Request Form will become an
amendment to this Contract and will be incorporated by reference.
S. PARTICIPATION, CONTRACT ACCESS,AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and
nonprofit entities across the United States and Canada; such as federal, state/province,
municipal, K-12 and higher education,tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally
access the Equipment, Products, or Services under this Contract.A Participating Entity's
authority to access this Contract is determined through its cooperative purchasing, interlocal,
or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service
Member of Sourcewell during such time of access. Supplier understands that a Participating
Entity's use of this Contract is at the Participating Entity's sole convenience and Participating
Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use
eligibility requirements and documentation and will encourage potential participating entities
to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its
roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier's employees maybe required to perform work at government-
owned facilities, including schools. Supplier's employees and agents must conduct themselves
in a professional manner while on the premises, and in accordance with Participating Entity
policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT.To access the contracted Equipment, Products, or Services under
this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this
Contract; however, order flow and procedure will be developed jointly between Sourcewell and
Supplier.Typically, a Participating Entity will issue an order directly to Supplier or its authorized
subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it
may use its own forms, but the purchase order should clearly note the applicable Sourcewell
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contract number. All Participating Entity orders under this Contract must be issued prior to
expiration or cancellation of this Contract; however, Supplier performance, Participating Entity
payment obligations, and any applicable warranty periods or other Supplier or Participating
Entity obligations may extend beyond the term of this Contract.
Supplier's acceptable forms of payment are included in its attached Proposal. Participating
Entities will be solely responsible for payment and Sourcewell will have no liability for any
unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM.Additional terms and
conditions to a purchase order, or other required transaction documentation, may be
negotiated between a Participating Entity and Supplier, such as job or industry-specific
requirements, legal requirements (e.g., affirmative action or immigration status requirements),
or specific local policy requirements. Some Participating Entities may require the use of a
Participating Addendum;the terms of which will be negotiated directly between the
Participating Entity and the Supplier. Any negotiated additional terms and conditions must
never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires
service or specialized performance requirements not addressed in this Contract(such as e-
commerce specifications, specialized delivery requirements, or other specifications and
requirements),the Participating Entity and the Supplier may enter into a separate, standalone
agreement, apart from this Contract. Sourcewell, including its agents and employees, will not
be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or
in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body
at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the
Participating Entity's requirements.
E. GOVERNING LAW AND VENUE.The governing law and venue for any action related to a
Participating Entity's order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to
Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is
changed.The Account Representative will be responsible for:
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• Maintenance and management of this Contract;
• Timely response to all Sourcewell and Participating Entity inquiries; and
• Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with
Sourcewell per contract year.The business review will cover sales to Participating Entities,
pricing and contract terms, administrative fees,sales data reports, supply issues, customer
issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a
contract sales activity report(Report)to the Sourcewell Supplier Development Administrator
assigned to this Contract. Reports are due no later than 45 days after the end of each calendar
quarter.A Report must be provided regardless of the number or amount of sales during that
quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were
made).
The Report must contain the following fields:
• Participating Entity Name (e.g., City of Staples Highway Department);
• Participating Entity Physical Street Address;
• Participating Entity City;
• Participating Entity State/Province;
• Participating Entity Zip/Postal Code;
• Participating Entity Contact Name;
• Participating Entity Contact Email Address;
• Participating Entity Contact Telephone Number;
• Sourcewell Assigned Entity/Participating Entity Number;
■ Item Purchased Description;
• Item Purchased Price;
• Sourcewell Administrative Fee Applied; and
■ Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell,
the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and
Services provided to Participating Entities. The Administrative Fee must be included in, and not
added to,the pricing. Supplier may not charge Participating Entities more than the contracted
price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated
in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased
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by Participating Entities under this Contract during each calendar quarter. Payments should
note the Supplier's name and Sourcewell-assigned contract number in the memo; and must be
mailed to the address above "Attn:Accounts Receivable" or remitted electronically to
Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments
must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to
ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell
reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in
any subsequent solicitation. In the event this Contract is cancelled by either party prior to the
Contract's expiration date,the administrative fee payment will be due no more than 30 days
from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier's Authorized Representative is the person named in the Supplier's Proposal. If
Supplier's Authorized Representative changes at any time during this Contract, Supplier must
promptly notify Sourcewell in writing.
10.AUDIT,ASSIGNMENT,AMENDMENTS, WAIVER,AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5,the books, records,
documents, and accounting procedures and practices relevant to this Agreement are subject to
examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the
end of this Contract.This clause extends to Participating Entities as it relates to business
conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under
this Contract without the prior written consent of the other party and a fully executed
assignment agreement.Such consent will not be unreasonably withheld.Any prohibited
assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective
until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will
not be deemed a waiver of such right in the event of the continuation or repetition of the
circumstances giving rise to such right.Any such waiver must be in writing and signed by the
parties.
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E. CONTRACT COMPLETE.This Contract represents the complete agreement between the
parties. No other understanding regarding this Contract, whether written or oral, may be used
to bind either party. For any conflict between the attached Proposal and the terms set out in
Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES.The relationship of the parties is one of independent
contractors, each free to exercise judgment and discretion with regard to the conduct of their
respective businesses.This Contract does not create a partnership,joint venture, or any other
relationship such as master-servant, or principal-agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities,
including their agents and employees, harmless from any claims or causes of action, including
attorneys'fees incurred by Sourcewell or its Participating Entities, arising out of any act or
omission in the performance of this Contract by the Supplier or its agents or employees; this
indemnification includes injury or death to person(s) or property alleged to have been caused
by some defect in the Equipment, Products, or Services under this Contract to the extent the
Equipment, Product, or Service has been used according to its specifications. Sourcewell's
responsibility will be governed by the State of Minnesota's Tort Liability Act (Minnesota
Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell
under this Contract and as it applies to all data created, collected, received, stored, used,
maintained, or disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING,AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and
license to use the trademark(s) provided to Supplier by Sourcewell in advertising and
promotional materials for the purpose of marketing Sourcewell's relationship with
Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and
license to use Supplier's trademarks in advertising and promotional materials for the
purpose of marketing Supplier's relationship with Sourcewell.
2. Limited Right of Sublicense.The right and license granted herein includes a limited right
of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,
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resellers, marketing representatives, and agents (collectively "Permitted Sublicensees") in
advertising and promotional materials for the purpose of marketing the Parties' relationship
to Participating Entities.Any sublicense granted will be subject to the terms and conditions
of this Article. Each party will be responsible for any breach of this Article by any of their
respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party's trademarks from the form provided
and must comply with removal requests as to specific uses of its trademarks or
logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use,the
other party's trademarks only in good faith and in a dignified manner consistent with
such party's use of the trademarks. Upon written notice to the breaching party,the
breaching party has 30 days of the date of the written notice to cure the breach or
the license will be terminated.
4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its
Participating Entities against any and all suits, claims,judgments, and costs instituted or
recovered against Sourcewell or Participating Entities by any person on account of the use
of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier
in violation of applicable patent or copyright laws.
5. Termination. Upon the termination of this Contract for any reason, each party, including
Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites,
and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed
catalog of suppliers which may be used until the next printing). Supplier must return all
marketing and promotional materials, including signage, provided by Sourcewell, or dispose
of it according to Sourcewell's written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released
without prior written approval from the Authorized Representatives. Publicity includes notices,
informational pamphlets, press releases, research, reports, signs, and similar public notices
prepared by or for the Supplier individually or jointly with others, or any subcontractors, with
respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be
approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development
Administrator assigned to this Contract.
D. ENDORSEMENT.The Supplier must not claim that Sourcewell endorses its Equipment,
Products, or Services.
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14. GOVERNING LAW,JURISDICTION,AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue
for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate
state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God
or other conditions that are beyond that party's reasonable control. A party defaulting under
this provision must provide the other party prompt written notice of the default.
16.SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal,
unenforceable, or void then both parties will be relieved from all obligations arising from that
provision. If the remainder of this Contract is capable of being performed, it will not be affected
by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT,AND REMEDIES
A. PERFORMANCE. During the term of this Contract,the parties will monitor performance and
address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and
work in good faith to resolve such dispute within a reasonable period of time. If necessary,
Sourcewell and the Supplier will jointly develop a short briefing document that describes
the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified
above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher
level of management.The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute,the
Supplier must continue without delay to carry out all of its responsibilities under the
Contract that are not affected by the dispute. If the Supplier fails to continue without delay
to perform its responsibilities under the Contract, in the accomplishment of all undisputed
work,the Supplier will bear any additional costs incurred by Sourcewell and/or its
Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract,
or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
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The party claiming default must provide written notice of the default,with 30 calendar days to
cure the default.Time allowed for cure will not diminish or eliminate any liability for liquidated
or other damages. If the default remains after the opportunity for cure,the non-defaulting
party may:
Exercise any remedy provided by law or equity, or
• Terminate the Contract or any portion thereof, including any orders issued against the
Contract.
18. INSURANCE
A. REQUIREMENTS.At its own expense, Supplier must maintain insurance policy(ies) in effect
at all times during the performance of this Contract with insurance company(ies) licensed or
authorized to do business in the State of Minnesota having an "AM BEST" rating of A-or better,
with coverage and limits of insurance not less than the following:
1. Workers'Compensation and Employer's Liability.
Workers' Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its
operations,with coverage on an occurrence basis, and must be subject to terms no less
broad than the Insurance Services Office ("ISO") Commercial General Liability Form
CG0001 (2001 or newer edition), or equivalent.At a minimum, coverage must include
liability arising from premises, operations, bodily injury and property damage,
independent contractors, products-completed operations including construction defect,
contractual liability, blanket contractual liability, and personal injury and advertising
injury. All required limits,terms and conditions of coverage must be maintained during
the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage
$1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract,
Supplier will maintain insurance covering all owned, hired, and non-owned automobiles
in limits of liability not less than indicated below.The coverage must be subject to terms
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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer),
or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Supplier will maintain
umbrella coverage over Employer's Liability, Commercial General Liability, and
Commercial Automobile.
Minimum Limits:
$2,000,000
5. Network Security and Privacy Liability Insurance. During the term of this Contract,
Supplier will maintain coverage for network security and privacy liability.The coverage
may be endorsed on another form of liability coverage or written on a standalone
policy. The insurance must cover claims which may arise from failure of Supplier's
security resulting in, but not limited to, computer attacks, unauthorized access,
disclosure of not public data—including but not limited to, confidential or private
information,transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling
Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract,Supplier must
furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this
Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to
Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the
Sourcewell Supplier Development Administrator assigned to this Contract.The certificates must
be signed by a person authorized by the insurer(s)to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide
certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in
this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY
INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including
their officers, agents, and employees, as an additional insured under the Supplier's commercial
general liability insurance policy with respect to liability arising out of activities, "operations," or
"work" performed by or on behalf of Supplier, and products and completed operations of
Supplier.The policy provision(s) or endorsements) must further provide that coverage is
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primary and not excess over or contributory with any other valid, applicable, and collectible
insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or
otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional
insureds for losses paid under the insurance policies required by this Contract or other
insurance applicable to the Supplier or its subcontractors.The waiver must apply to all
deductibles and/or self-insured retentions applicable to the required or any other insurance
maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must
require similar written express waivers of subrogation and insurance clauses from each of its
subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this
Contract can be met by either providing a primary policy or in combination with
umbrella/excess liability policy(ies), or self-insured retention.
19.COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this
Contract must comply fully with applicable federal laws and regulations, and with the laws in
the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal,
state/provincial, and local licenses, bonds, and permits required for the operation of the
business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in
writing certain information to Sourcewell related to bankruptcy actions. If at any time during
this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in
writing.
Supplier certifies and warrants that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs
operated by the State of Minnesota; the United States federal government or the Canadian
government, as applicable; or any Participating Entity.Supplier certifies and warrants that
neither it nor its principals have been convicted of a criminal offense related to the subject
matter of this Contract. Supplier further warrants that it will provide immediate written notice
to Sourcewell if this certification changes at any time.
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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or
services from this Contract may be subject to additional requirements including the
procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional
requirements based on specific funding source terms or conditions. Within this Article, all
references to "federal" should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier's Equipment,
Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all
contracts that meet the definition of"federally assisted construction contract" in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319,
12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," and implementing
regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor."The equal opportunity clause is incorporated
herein by reference.
B. DAVIS-BACON ACT,AS AMENDED (40 U.S.C. § 3141-3148). When required by federal
program legislation, all prime construction contracts in excess of$2,000 awarded by non-
federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §
3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5,
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction"). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week.The non-federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation.The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination.The non-federal entity must report all suspected or reported violations to
the federal awarding agency.The contracts must also include a provision for compliance with
the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor
regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States").The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work,to give up any part of the
compensation to which he or she is otherwise entitled.The non-federal entity must report
all suspected or reported violations to the federal awarding agency. Supplier must be in
compliance with all applicable Davis-Bacon Act provisions.
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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT(40 U.S.C. § 3701-3708). Where
applicable, all contracts awarded by the non-federal entity in excess of$100,000 that involve
the employment of mechanics or laborers must include a provision for compliance with 40
U.S.C. §§3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess
of the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week.The requirements of 40 U.S.C. § 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous.These requirements
do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence.This provision is
hereby incorporated by reference into this Contract. Supplier certifies that during the term of
an award for all contracts by Sourcewell resulting from this procurement process, Supplier must
comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award
meets the definition of"funding agreement" under 37 C.F.R. §401.2(a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that "funding agreement,"the recipient or subrecipient
must comply with the requirements of 37 C.F.R. §401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency. Supplier
certifies that during the term of an award for all contracts by Sourcewell resulting from this
procurement process, Supplier must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT(42 U.S.C. § 7401-7671Q.)AND THE FEDERAL WATER POLLUTION CONTROL
ACT(33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of$150,000 require
the non-federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act(42 U.S.C. § 7401-7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency(EPA).
Supplier certifies that during the term of this Contract will comply with applicable requirements
as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award
(see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions
in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R.
§180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3
C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names
Rev.3/2021 15
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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier
certifies that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation by any federal
department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file
any required certifications. Suppliers must not have used federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member
of Congress in connection with obtaining any federal contract, grant, or any other award
covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that
takes place in connection with obtaining any federal award. Such disclosures are forwarded
from tier to tier up to the non-federal award. Suppliers must file all certifications and
disclosures required by, and otherwise comply with,the Byrd Anti-Lobbying Amendment (31
U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS.To the extent applicable, Supplier must comply with
the record retention requirements detailed in 2 C.F.R. § 200.333.The Supplier further certifies
that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after
grantees or subgrantees submit final expenditure reports or quarterly or annual financial
reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE.To the extent applicable, Supplier
must comply with the mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE.To the extent applicable, Supplier must comply
with all applicable provisions of the Buy American Act. Purchases made in accordance with the
Buy American Act must follow the applicable procurement rules calling for free and open
competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized
representatives of a federal agency must have access to any books, documents, papers and
records of Supplier that are directly pertinent to Supplier's discharge of its obligations under
this Contract for the purpose of making audits, examinations, excerpts, and transcriptions.The
right also includes timely and reasonable access to Supplier's personnel for the purpose of
interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322).A non-federal entity that is
a state agency or agency of a political subdivision of a state and its contractors must comply
with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
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and Recovery Act.The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency(EPA) at 40 C.F.R. § 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or
reproductions of flags or likenesses of Federal agency officials without specific pre-approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT.The U.S. federal government is not a party to
this Contract or any purchase by an Participating Entity and is not subject to any obligations or
liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter
resulting from the Contract or any purchase by an authorized user.
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS.The
Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and
Statements) applies to the Supplier's actions pertaining to this Contract or any purchase by a
Participating Entity.
P. FEDERAL DEBT.The Supplier certifies that it is non-delinquent in its repayment of any
federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit
disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST.The Supplier must notify the U.S. Office of General Services,
Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to
the anticipated work under this Contract raises an actual or potential conflict of interest (as
described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in
writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and
Participating Entity are able to assess the actual or potential conflict; and provide any additional
information as necessary or requested.
R. U.S. EXECUTIVE ORDER 13224.The Supplier, and its subcontractors, must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources
and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT.To the extent applicable, Supplier certifies that during the term of this Contract it
will comply with applicable requirements of 2 C.F.R. § 200.216.
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T. DOMESTIC PREFERENCES FOR PROCUREMENTS.To the extent applicable,Supplier certifies
that during the term of this Contract will comply with applicable requirements of 2 C.F.R. §
200.322.
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60
days' written notice to the other party. However, Sourcewell may cancel this Contract
immediately upon discovery of a material defect in any certification made in Supplier's
Proposal. Cancellation of this Contract does not relieve either party of financial, product, or
service obligations incurred or accrued prior to cancellation.
Sourcewell Elgin Sweeper Company
DOCRZigmd py; Docusigned by:
'r S�.�w0f,y [�J per/]"t
.E p , 67ApT721F3A64A7
By. COFD2 �7P9646' By.
Jeremy Schwartz David Panizzi
Title: Chief Procurement Officer Title: Business Development Manager
11/15/2021 1 11:35 AM CST 11/22/2021 1 8:45 AM CST
Date: Date:
Approved:
L
1) e�eS rynp.dAbAyI:,I}'�1-�. 1��+"X 1 vBy. 7E428@F61,A"CC
Chad Coauette
Title: Executive Director/CEO
11/22/2021 1 10:11 AM CST
Date:
Rev.3/2021 18
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RFP 093021 - Street Sweepers and Specialty Sweepers, with
Related Equipment, Accessories, and Supplies
Vendor Details
Company Name: Elgin Sweeper Co.
Does your company conduct
business under any other name?If Elgin Sweeper Co.Division of Federal signal
yes,please state:
1300 W Bartlett Rd
Address:
Elgin,IL 60120
Contact: David Panizzi
Email: dpanizzi@elginsweeper.com
Phone: 847-622-7153 402385
HST#: 36-2351764
Submission Details
Created On: Monday September 13,2021 13:04:04
Submitted On: Wednesday September 29,2021 16:49:19
Submitted By: David Panizzi
Email: dpanizzi@elginsweeper.com
Transaction#: cd6ff737-3555-439f-821 b-fc3b047a5759
Submitter's IP Address: 50.238.226.126
Bid Number: RFP 093021 Vendor Name: Elgin Sweeper Co.
DocuSign Envelope ID:19297220-95FF-43A3-A84F-5B5DC84B170F
Specifications
Table 1:Proposer Identity&Authorized Representatives
General Instructions(applies to all Tables)Sourcewell prefers a brief but thorough response to each question.Do not merely attach additional documents to your
response without also providing a substantive response.Do not leave answers blank;respond UK if the question does not apply to you(preferably with an
explanation).
Llne T
Item Question `Response'
1 Proposer Legal Name (one legal entity only): (In the Elgin Sweeper Company (Division of Federal Signal Corp.)
event of award, will execute the resulting contract
as "Supplier")
2 Identify all subsidiary entities of the Proposer whose Elgin Sweeper Company
equipment, products, or services are included in the
Proposal.
3 Identify all applicable assumed names or DBA names of No other names
the Proposer or Proposers subsidiaries in Line 1 or
Line 2 above.
4 Proposer Physical Address: 1300 West Bartlett Rd.
Elgin, IL 60120
5 Proposer website address (or addresses): VA".eigosweeper.com
6 Proposees Authorized Representative (name, tide, David Panizzi
address, email address &phone) (The representative Business Davetapment Manager
must have authority to sign the"Proposers Assurance 1300 West Bartlett Rd.
of Compliance" on behalf of the Proposer and, in the Elgin, IL 60120
event of award, will be expected to execute the resulting dpaniai@elglnsweeper.com
contract): 847-622-7153
7 Proposers primary contact for this proposal (name, fide, David Panizzi
address, email address & phone): Business Development Manager
1300 West Bartlett Rd.
Elgin, IL 60120
dpanivj@etglnsweeper.com
847-622-7153
8 Proposers other contacts for this proposal, if any No other contacts
(name, tide, address, email address& phone):
Bid Number: RFP 093021 Vendor Name: Elgin Sweeper Co.
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Table 2:Company Information and Financial Strength
Line itemQuestion Response'
9 Provide a brief history of your company, including your Aligned with Federal Signal, Elgin Sweeper works to enhance the cleanliness,safety and well being of
company's core values, business philosophy, and ow communities and work places.We are an American manufacturer with 107 years of street
industry longevity related to the requested equipment, sweeper design and manufacturing experience. We are focused on designing, manufacturing and
products or services. distributing high-quality street sweeping equipment that serves municipal,govemmenlal, industrial and
institutional customers. We are focused on doing this with high regard far our employees and our
environment.
10 What are your company's expectations in the event of We would expect to continue cooperation with Sourcewell as we work to serve its membership and
an award? work to provide effective and simple solutions for environmental cleaning challenges. This would include
Sourcewell commitment to expand membership and promotion of their contracts to support their
contract holders. We have over a decade of cooperation and growth working together with Sourcewell
and their members, and we would work together to continue serve the membership with the latest
advances in street sweeper designs and product offerings.
11 Demonstrate your financial strength and stability with Elgin Sweeper Cc.has been manufacturing street sweepers for oVef 107 years. Today we are the
meaningful data. This could include such items as leading manufacturer of sweepers for municipalities and governmental agencies in North America, We
financial statements, SEC filings, credit and bond offer the the broadest selection of street sweepers across various sweeping technologies. We utllize
ratings, letters of credit, and detailed reference letters. mechanical, regenerative air, pure vacuum sweeper and we offer alternative fuels including CNG and
Upload supporting documents (as applicable) in the hybrid electric.sweeping.
document upload section of your response. Elgin is a subsidiary of Federal Signal-a publicly traded company with more than $1.2 billion in
revenue last year.The link shown here can be used to access the latest quarterly reports as well as
other financial related topics and will clearly show Federal Signal's financial strength and stability.
httpsflzvww,f ederalslgral.comlannual-quartedy-re ports
12 What is your US market share for the solutions that Our industry is a non-reporting industry. Therefore, no independent data of market share exists.
you are proposing? Based on our market knowledge and across all sweeping model/technologies, we believe our market
share to be 40+%
13 What is your Canadian market share for the solutions Again, we do not have empirical data supporting market share in Canada but our research shows that
that you are proposing? we are approximately 35% market share across all types of sweeping technologies.
14 Has your business ever petitioned for bankruptcy Elgin Sweeper Co. and Federal Signal Corp.have never been the subject of a bankruptcy action.
protection? If so, explain in detail.
15 How is your organization best described: is it a We are a manufacturer. We have a network of third-party dealerships across North America that are
manufacturer, a distributoddealedreseller, or a service trained to sell and sarvlce our products.The dealerships are specifically contracted and trained to
provider? Answer whichever question (either a)or b) represent our products In Ihelr local areas.We also have Regional Sales Reps{located throughout N,
just below) best applies to your organization. America)that support the sales process and are available to meet and work with end-user. We also
a) If your company is best described as a have a Field Service and Support team. They too are located within their regions,and are dedicated
distributor/dealer/reseller(or similar entity), provide your to support our dealers and their efforts to ensure customer satisfaction with our products. The
written authorization to act as a Regional Sales Reps and the Regional Service and Support Reps are employees of the company.
distributor/dealer/reseller for the manufacturer of the
products proposed in this RFP. If applicable, is your
dealer network independent or company owned?
b) If your company is best described as a
manufacturer or service provider, describe your
relationship with your sales and service force and with
your dealer network in delivering the products and
services proposed in this RFP. Are these individuals
your employees, or the employees of a third party?
16 If applicable, provide a detailed explanation outlining All of our contracted dealers are required to have valid state equipment dealer license. All of our
the licenses and certifications that are both required to dealers must comply with this requirement as part of their contract with us.
be held, and actually held, by your organization While not required, Elgin is ISO 9001 cerlifred,ISO is the Inlernational Slandards Organization and
(including third parties and subcontractors that you use) being certified means that we have policies and procedures commensurate with our business(heavy
in pursuit of the business contemplated by this RFP. manufacturing)and that we adhere to Ihase policies, procedures and quality standards. We are
audited annually.
17 Provide all "Suspension or Debarment" information that None
has applied to your organization during the past ten
years.
Table 3:Industry Recognition&Marketplace Success
Line Question Response'
Rear
18 Describe any relevant industry awards or recognition Elgin Broom Bear- Contractor's Choice Awards GOLD for 2016, 2017. 2019 and SILVER for 2018
that your company has received in the past five years 'from Roads and Bridges Publication.
2019 Workforce Development Award from Elgin Area Chamber of Commerce (Elgin Development
Group).
Federal Signal Work Place Hazard Reduction Award for 2019 & 2020.
19 lWhat percentage of your sales are to the Approximately 68%
governmental sector in the past three years
20 What percentage of your sales are to the education Less than 1
sector in the past three years
21 List any state, provincial, or cooperative purchasing We as a manufacturer do not hold any additional state or provincial purchasing contracts-only our
contracts that you hold. What is the annual sales current Sourcewell contract However, a number of our local dealers do hold state or local
volume for each of these contracts over the past three purchasing contracts which they service. We do not have access to the detailed sales volumes as
Years? those are not tracked.
22 List any GSA contracts or Standing Offers and Supply We service a GSA contract (47QMCA18D000E) that is administered through our dealer in Maryland.
Arrangements (SOSA) that you hold. What is the Again, annual sales volumes are unknown.
annual sales volume for each of these contracts over
the past three years?
Bid Number: RFP 093021 Vendor Name: Elgin Sweeper Co.
DocuSign Envelope ID: 19297220-95FF-43A3-A84F-5B5DC84B170F
Table 4:References/Testimonials
Line Item 23.Supply reference information from three customers who are eligible to be Sourcewell participating entities.
Entity Name' Contact Name Phone Number'
City of Wheaton, IL Sam Webb 630-260-2119
Fleet Supervisor
City of Chesapeake, VA Mike McColgan (757) 382-3321
member#52040
City of Norfolk, VA Steve Patterson (757)441-5700
member#50228
Table 5:Top Five Government or Education Customers
Line Item 24.Provide a list of your top five government,education,or non-profit customers(entity name is optional),including entity type,the state or province the
entity is located in,scope of the project(s),size of transaction(s),and dollar volumes from the past three years.
,Entity Name Entity Type' State/Province' Scope of Work' Size of Transactions' Yoe Volume Past Three
Confidential Government Illinois-IL Purchase of Street Sweeper We are a public company and We are a public company and
this is confidential information this is confidential information
Confidential Government Illinois-IL Purchase of Street Sweeper We are a public company and We are a public company and
this is confidential information this is confidential information
Confidential Government Illinois-IL Purchase of Street Sweepers We are a public company and We are a public company and
this is confidential information this is confidential information
Confidential Government Illinois-IL Purchase of Street Sweepers We are a public company and We are a public company and
this is confidential information this is confidential information
Confidential Government Illinois-IL Purchase of Street Sweepers We are a public company and We are a public company and
this is confidential information this is confidential information
Bid Number: RFP 093021 Vendor Name: Elgin Sweeper Co.
DocuSign Envelope ID:19297220-95FF-43A3-A84F-5B5DC84B170F
Table 6:Ability to Sell and Deliver Service
Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada,as applicable.Your response should address
in detail at least the following areas:locations of your network of sales and service providers,the number of workers(full-time equivalents)involved in each sector,
whether these workers are your direct employees(or employees of a third party),and any overlap between the sales and service functions.
Line Item Question Itesponsa'
25 Sales force. Elgin has six Regional Sales Managers (RSMs)tasked with supporting our dealers sales efforts.The
RSMs set sales targets and are involved in the end-user sales process as needed. The RSMs report
to a Director of MunicipallGovemmental Sales who reports to a Group level Vice President
26 Dealer network or other distribution methods. Our dealer network consists of 34 dealer entities with over 70 location throughout North America. All
dealers are assigned an area of responsibility that cover all of the US, Canada and the US
Territories. Total dealer sales reps/territory managers for North American total over 230.
27 Service force. Internally, Elgin has an Inside Service organization with seven technical reps that support our dealer's
daily need for technical support. We also have four Regional Service and Support Managers (RSSMs)
that live and work with specific dealers within their assigned regions to provide warranty support,
training, consultation and end-user interaction. All of our internal reps support approximately 225 dealer
technicians tasked with providing end-user service.
28 Describe the ordering process. If orders will be Sourcewell members will order through their local dealer who will.in-turn,place an order with us.Our
handled by distributors, dealers or others, explain the dealer will be responsible for assisting the member Alh equipment configuration recommendations and
respective roles of the Proposer and others. providing a detailed proposal/quatation to the member. Once the sweeper is manufactured and delivered
to our dealer, they will be responsible for preparing,delivering,training and supporting the end-users
needs with the sweeper. History Is showing that Elgin dealers are knowledgeable,experienced and
anxious to use our Sourcewell contract.
29 Describe in detail the process and procedure of Customer Service starts from the delivery proress with Sweeper installation/operation training. Shorty
your customer service program, if applicable. after delivery, we request a customer salisfactlon survey be filled out so we can understand the level of
Include your response-time capabilities and satisfaction from product quality, to dealer support and overall product satisfaction. Any negative
commitments, as well as any incentives that help responses are recorded and assigned to a field rep far appropriate follow-up.
your providers meet your stated service goals or All Elgin Dealers Have trained and certified technicians with the vast majority of dealers providing road
promises. (go to customer location)service complete with well-equipped service mocks.This allows for quicker
support of possible inoperative vehicles.Also, at Elgin we have a 24-hour tell free helpline that is
staffed by ractory personnel. The objective is to provide an immediate contact and response for both
our deaters and end-user customers.Lastly, we support our products with a comprehensive warranty diet
Is provided through our trained dealer network. Our philosophy Is that quality products with high-levels
of service support will ensure the best value for our customers-this,in turn,will create their desire to
continue their business relationship with Elgin and our dealers.
30 Describe your ability and willingness to provide your Our dealer network allows us to sell and service our products throughout all of North America. Our
products and services to Sourcewell participating ,dealers are assigned geographic areas (or territories)of responsibility that include all states and
entities in the United States. (provinces. The assigned territories are listed in the dealer contract.
31 Describe your ability and willingness to provide your We support, service and actively pursue business opportunities with all Canadian entities that use street
products and services to Sourcewell participating sweepers.
entities in Canada.
32 Identify any geographic areas of the United States We will service all geographic areas of the US and Canada.
or Canada that you will NOT be fully serving through
the proposed contract.
33 Identify any Sourcewell participating entity sectors We will service any and all Sourcewell participating entities.
(i.e., government, education, not-for-profit)that you
will NOT be fully serving through the proposed
contract. Explain in detail. For example, does your
company have only a regional presence, or do other
cooperative purchasing contracts limit your ability to
promote another contract?
34 Define any specific contract requirements or Hawaii, Alaska and the US Territories are serviced the same as other states. We have dealers that are
restrictions that would apply to our participating contractually assigned these geographic regions.
entities in Hawaii and Alaska and in US Territories.
Bid Number: RFP 093021 Vendor Name: Elgin Sweeper Co.
DocuSign Envelope ID:19297220-95FF-43A3-A84F-5B5DC84B170F
Table 7:Marketing Plan
Line tXUatlGn Response'
Item
35 Describe your marketing strategy for promoting We advertise our Sourcewell contract at trade shows, on our public website, on our marketing collateral and
this contract opportunity. Upload at our internal dealer events. We invite our Sourcewell Contract Administrator to attend and participate at our
representative samples of your marketing trade shows and internal dealer sales training events.We have facilitated contract training with both our
materials (if applicable)In the document Regional Sales Managers and dealerships. We encourage our dealers to attend and network at Sourcewell
upload section of your response. sponsored events like GTKU and Sourcewell University.
36 Describe your use of technology and digital 51gin utilizes a number of social media platforms to Inform and communicate with the public and our
data(e.g.,social media, metadsia usage)to followers.Our Marketing Communications Group does an excellent job of utilizing these technologies to
enhance marketing effectiveness. promote our products and keep our ussna Informed of what's happening.We use Facebook, Linkedln, You
Tube and Twitter to keep users and followers up-to-date with the latest product releases including videos,
application specific information,new option availability (to enhance the functionality), and the latest press
releases.Our webslte allows users to connect to Information Including our Sourcewell relationship and contract
information.
37 In your view, what is Sourcewell's role in We would expect Sourcewell to promote our contracts to their membership as a way to simplify the
promoting contracts arising out of this RFP? procurement process and that membership understands that contract holders are part of an elite group of
Haw will you Integrate a Sourcewell-awarded productlsolutton providers that have proven to be reputable and responsive to member's needs. We expect
contract into your sales process? that Sourcewell works to continue to expand membership so that additional entities would be able to
experiences the benefits for all parties.
Our Sourcewell contract Is currently well integrated within our sales process. Our RSMs, as well as our
dealers, have been trained in using our contract as a preferred method of selling/procuring our products. Our
dealers currently have the ability to create Sourcewell compliant proposals/quotes within our on-line configurator
and ordering tool. By making a simple selection (check box)within our CPQ tool a dealer sales rep can
create a proposal that is compliant with our Sourcewell contract.The tool applies the appropriate pricing,
contract information, inserts the approved Sourcewell toyo and tracks orders for reporting purposes.
38 Are your products or services available We do not have an a-procurement system for end-customer use. However,we do have an on-line product
through an e-procurement ordering process? If configuration and ordering tool that our dealers use to configure customers specific units and place orders
so, describe your e-procurement system and with us. Our dealers use this on-line tool to prepare Sourcewell compliant proposaUquotes for members and
how governmental and educational customers then to place that Sourcewell order upon award.
have used it.
Bid Number: RFP 093021 Vendor Name: Elgin Sweeper Co.
DocuSign Envelope ID:19297220-95FF-43A3-A84F-5B5DC84B170F
Table 8:Value-Added Attributes
(Line Item Question Response'
39 Describe any product, equipment, We offer training at several levels_lnilfal Iralning is basic in_-taflathn Veining and Is provided by our dealers at
maintenance, or operator training or shortly after delivery of a new sweeper as agreed to with customer.This would include basic operation,
programs that you offer to Sourcewell cleaning and maintenance training. This is generally free of charge unless the member requests multiple
participating entities. Include details, such sessions or more in-depth training that requires more time. This initiai training is considered standard or ran
as whether training is standard or be optionally upgraded if a deeper level of training is desired.
optional, who provides training, and any We also offer product model Specific training at the factory. This covers multiple days and is also free of
costs that apply. charge wilh the only costs being travel and hotel accommodations if needed. Dealers usually assist the
memberfcustarmer with registration for this training.
40 Describe any technological advances that We have a number of leohnologlcal advances on current product offerings induding single-engine sweepers.
your proposed products or services offer. We use advance variable planetary drive system (VPD)to drive sweeper components without sacrificing sweep
perfomlance. This drive system is a unique technology for our indusvy_ We currently offer this single-engine
lechnology for two of our four air sweeper models.More are in development.We also have an electric-hybrid
sweeper that is available mounted on a diesel or CNG powered chassis. Sweeping is powered electrically
while the chassis propulsion and battery re-charging Is done with the diesel or dean CNG chassis power. Our
pipeline of development items Is significant as well. Users will see a number of now products utifzing
technological advances in the taming years. This is all attributable to our Engineering and Product
Development group where we rocus on employing new technologies for our products.
41 Describe any"green" initiatives that relate We have a working relatonship and agreement with NASCAR Green, the suslainability arm of NASCAR
to your company or to your products or sweeping. We have worked with them for approximately eight years and we are the exclusive sweeper for all
services, and include a list of the major NASCAR events. We were chosen after comprehensive testing of our sweeper product and we were
certifying agency for each. d7asen because of benelits such as fuel efficiency and ability to design and deliver very specific features
required for use on race tracks.
We offer single-engine sweep technologies on several models and we are able to show Improved fuel
efficiency and noise reduction.This theme has continued most recently with development of our hybrid-electric
sweeping technology that tis now available with our Broom Bear sweeper.Seurceweil members can look
forward to additional"green" solutions in the near future.
42 Identify any third-party issued eco-labels, Elgin Sweeper Company is committed to providing environmental solutions that reduce storm water runoff
ratings or certifications that your company pollution and air pollution.Years ago we introduced our"Eco-Infused"Technology to our brand which rs
has received for the equipment or development platform that combines science and innovation to produce more environmentally efficient sweepers.
products included in your Proposal related From alternative fuel to waterless dust control to singled-engine sweeper technology to electric hybrid powered
to energy efficiency or conservation, life- sweepers, Elgin is a technology leader in developing products that result in cleaner streets,water and air.
cycle design (cradle-to-cradle), or other We have been recognized by NASCAR green with a tong-term partnership9{ years running) based on our
green/sustainability factors. ability to prodde track sweeping and drying in the most efficient manner available.
43 Describe any Women or Minority While Elgin does not qualify under any of these business heading, several of our partner/dealers do. This
Business Entity(WMBE), Small Business includes WMBE and SBE. This is not a requirement of our dealer/partners and therefore access to
Entity(SBE), or veteran owned business documentation is not readily available.
certifications that your company or hub
partners have obtained. Upload
documentation of certification (as
applicable) in the document upload
section of your response.
44 What unique attributes does your Elgin's unique attributes include a full-line of streeVread sweepers that can be configured for virtually any road
company, your products,or your services sweeping application. The full line includes mutl1ple units of purpose build mechanical, chassis mounted
offer to Sourcewell participating entities? mechanical,regenerative ak, pure vacuum sweepers,as wen as alternative fuel. Our dealer network positions us
What makes your proposed solutions to serve and support virtually any Smrcewell member In the US and Canada. We have long-term relationships
unique in your industry as it applies to with our dealer network which means we wotk well together and ultirialety, our customers and Sourcewell
Sourcewell participating entities? members benefit.Together, and with our complete-line of sweeper offerings,we can focus on specific sweeping
applicalioms that would best serve our customers and Sourcewell membership. We do not need to push one
technology or nudge customers In a certain direction as we offer all types of sweeping. We have a full
service engineering department which provides tremendous flexibility to offer unique option requests to meet
specific eustomerlmember requirements.
Lastly, our long relationship with Sourcewell means that we are familiar with member needs and also with
vendor requirements-such as reporting and managing our contract effectively to the mutual benefit of all parties.
Bid Number: RFP 093021 Vendor Name: Elgin Sweeper Co.
DocuSign Envelope ID:19297220-95FF-43A3-A84F-5B5DC84B170F
Table 9:Warranty
Describe in detail your manufacturer warranty program,including conditions and requirements to qualify,claims procedure,and overall structure.You
may upload representative samples of your warranty materials(if applicable)in the document upload section of your response in addition to
responding to the questions below.
Line Hem Question Response
45 Do your warranties cover all products, parts, and labor? Yes
46 Do your warranties impose usage restrictions or other No usage limitation. Standard warranty is for 1 year bumper-to-bumper exclusive of wear
limitations that adversely affect coverage? items such as brooms.
47 Do your warranties cover the expense of technicians'travel Yes
time and mileage to perform warranty repairs?
48 Are there any geographic regions of the United States or Our dealer contracts require that they provide service for all customer within their area of
Canada (as applicable)for which you cannot provide a responsibility.This would of course include Sourcewell member customers. In very rare
certified technician to perform warranty repairs? How will slluations and with the agreement of the customer,authorizations for a specific customer to
Sourcewell participating entities in these regions be provided perform their own warranty repair can be given. Elgin and our dealer would support Ibis by
service for warranty repair? provldvtg pads,work instructions and compensation at pre-established rates.Aulhorization
would only be given if the required repair is considered relatively easy to accomplish and
did not present any risk for the customer.
49 Will you cover warranty service for items made by other Cur warranty covers all Items with the exception of engines,trek chassis,tires and other
manufacturers that are pan of your proposal, or are these components that carry their own manufacturers warranty. These Items are typically supported
warranties issues typically passed on to the original by local dealer facilities. Any iternslcamponents that do not have local servlce would be
equipment manufacturer? cover by Elgin and our dealers.We have been know to assist our end user by leveraging
our contacts with engine and chassis manufacturers and dealers.
50 What are your proposed exchange and return programs and it is extremely rare that we would need to exchange or have a sweeper returned. If one of
pa des? our sweepers was determined to be wrong for a specific customer need/application,we
would work with them to modify or exchange a product for one that would work better.
Ultimalely, we are all better off if the customer is satisfied with their sweeper- that's what
we work toward.
51 Describe any service contract options for the items included We are not specifically offering service contracts with this proposal. However, most of our
in your proposal. dealer offer a variety service contract options and service specials. The offerings can be
from full-service turnkey parts and service solutions to specific seasonal specials in
preparation for sweeping season. These are dealer specific.
Table 10:Payment Terms and Financing Options
Line gysallort Response
Item
52 Describe your payment terms and accepted payment Payment terms are established between the Elgin dealer and the Sourcewell member. Generally, this is net 15
methods? or net 36-days. However, our dealers do most of their business municipally and understand that some entities
need to apply different payment terms. Most of the lime the specific member requirements can be met if
within reason.
The standard payment terms between our dealer and u is net 30-days.
53 Describe any leasing or financing options available for Again, leasing and financing options are determined between the Egin dealer and the Sourcewell member.
use by educational or governmental entities. All of our dealers offer some type of leasing and/or financing option.This is usually with a third-party that we
or they have established relationships with.We often recommend NCL and many of our dealers have an
established relationship with NCL and use NCL's Sourcewell contract solution for IeaseiFnancing options.
54 Describe any standard transaction documents that you We do not have a standard transaction document that is provided to the end-user/member. Typically, the
propose to use in connection with an awarded contract entity issues a purchase order to cur dealer based on a Sourcewell proposal/quote that is generated through
(order forms, terms and conditions, service level our configurator tool. The dealer submits the "quote" to us as an order once the member issues a PO.We,
agreements, etc.). Upload a sample of each (as in turn, issue an electronic acknowledgement document to the dealer confirming what was ordered. This Is
applicable) in the document upload section of your our standard process today,for all orders, and Sourcewell orders fit nicely within our existing process. I am
response. including example documents in the upload section. _
55 Do you accept the P-card procurement and payment The payment process for members is a transaction between Sourcewell member and Elgin dealer. I do not
process? If so, is there any additional cost to believe P-card transactions are used.We do not accept P-Card payments from our dealers.
Sourcewell participating entities for using this process? We have no hidden or undisclosed costs.
Bid Number: RFP 093021 Vendor Name: Elgin Sweeper Co.
DocuSign Envelope ID:EA816B01-BB77-4918-B2F2-DE921CD3633A
Table 11:Pricing and Delivery
Provide detailed pricing information in the questions that follow below.Keep in mind that reasonable price and product adjustments can be made during the term of
an awarded Contract as described in the RFP,the template Contract,and the Sourcewell Price and Product Change Request Form.
Line Item Question Response*
56 Describe your pricing model (e.g., line-item discounts or product-category We are offering our full-line of sweepers. Our pricing model is a simple 3%
discounts). Provide detailed pricing data (including standard or list discount from list price on all sweeper products including options, exclusive of
pricing and the Sourcewell discounted price) on all of the items that you chassis and freight(from factory to dealer location) costs.
want Sourcewell to consider as part of your RFP response. If applicable, We are also offering the rental of our sweepers. Rental rates apply across the US
provide a SKU for each item in your proposal. Upload your pricing and Canada (in Canadian dollars). The rates provided on the rental rate sheets
materials (if applicable) in the document upload section of your response. are the Sourcewell member's price.
Used Sweepers, primarily from rental fleet, are generally late model and because
of various usage and condition of specific units, the pricing will be a negotiated
and agreed to price between the member and Elgin dealer. This allows members
a method of obtaining a quality sweeper at a much lower initial acquisition cost. 1
57 Quantify the pricing discount represented by the pricing proposal in this For new equipment a 3% discount from list price applies.This discount applies to
response. For example, if the pricing in your response represents a all Elgin manufactured content including options.
percentage discount from MSRP or list, state the percentage or The rental pricing is a pre-established rental rate and is consistent throughout the
percentage range. US and Canada.These rates are at the lower end of the regional rate study that
was conducted.
Used equipment pricing will be negotiated and agreed to between member and
Elgin dealer.
58 Describe any quantity or volume discounts or rebate programs that you (Additional volume discounts could be considered on a case-by-rase basis.
offer I
59 Propose a method of facilitating "sourced" products or related services, Sourced products or open market items fall into three categories for us.This
which may be referred to as"open marker items or'nonstandard could be items that would be provided by our dealer. The items in this category
options".For example, you may supply such items'at cost"or"at cost would be quoted by our dealer to the member and could include items such as
plus a percentage,"or you may supply a quote for each such request. special radios, decals or exterior wraps, lighting, and other dealer installed
accessories.These items would not be subject to the 3% discount.
Also included in this category would be unique equipment or options that would be
designed, manufactured or procured and installed by Elgin. This is common for
us and would be handled through our RFQ/Specials process.This allows us to
provide a unique (off price list)solution for our customers and would be priced
consistently with the 3% discount from list price. Our"Special"solution would be
included in the Sourcewell proposal/quote.
The last category would be factory supplied chassis. Because most of our product
are mounted and integrated to a commercial chassis,we work with commercial
chassis manufacturers and their local dealers to provide chassis specifically
engineered for Elgin sweeper-mounting and use. We typically get favorable pricing
from the manufacturer/dealer because of our volume. These chassis are very
competitively priced and specifically designed for use with our sweepers. This is
the easiest, least risky, and most often cost-effective turnkey solution. Because
chassis availabilityrinventory is inconsistent and lead times vary, we do not provide
chassis pricing.We will provide chassis quote through our dealer at the time a
Sourcewell quotelproposal is being developed -the 3% discount does not apply to
chassis that we or our dealers provide.
60 Identify any element of the total cost of acquisition that is NOT included Additional costs not included with our submittal would include dealer charges for
in the pricing submitted with your response. This includes all additional items such as pre-delivery inspection and unit preparation, local freight charges,
charges associated with a purchase that are not directly identified as additional training above and beyond initial training at or shortly after delivery.
freight or shipping charges. For example, list costs for items like pre- Also, as mentioned above, any dealer installed item would not be identified in our
delivery inspection, installation, set up, mandatory training, or initial price sheets but would be identified in the member's Sourcewell proposal/quote.
inspection. Identify any parties that impose such costs and their
relationship to the Proposer.
61 If freight, delivery, or shipping is an additional cost to the Sourcewell The freight from our factory to the local dealer facility would be included with the
participating entity, describe in detail the complete freight, shipping, and Sourcewell quote but not subject to the 3% discount. Freight is a pass thru cost
delivery program, and not a profit item for us. Local freight and delivery is handled by our local
dealers and is not specifically listed in our response. This cost would be
additional and should be listed on the members pricing quote (often listed as part
of the PDI process). This price would also vary by dealer and complexity of local
LL shipping requirements.
r- 62 Specifically describe freight, shipping, and delivery terms or programs Alaska, Hawaii, Canada or other"offshore" delivery requirement would include a
aavailable for Alaska, Hawaii, Canada, or any offshore delivery. special quote from us. With offshore shipping requirements we typically
ro containerize the sweeper, deliver to a coastal port via truck and then load the
U❑ container to a boat for delivery to location. This usually requires additional handling
charges including pretecliva coatings and dock charges. These charges can vary
u)
eo and would be dlsclosed In a member's proposallquole.
ILL LO 63 Describe any unique distribution and/or delivery methods or options We have a dedicated traffic department which is tasked with arranging any unique '
offered in your proposal. delivery requirement. This is their focus and the department is knowledgeable and
00
.5 skilled at finding competitively priced shipping options that best meet requirements.
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o Bid Number: RFP 093021 Vendor Name: Elgin Sweeper Co.
DocuSign Envelope ID: 19297220-95FF-43A3-A84F-5B5DC84B170F
Table 12:Pricing Offered
Line The Pricing Offered in this Proposal Is: Comments
Item _
64 c.better than the Proposer typically offers to GPOs,cooperative procurement organizations,or state purchasing departments. The pricing offered for our
complete line of street sweepers
for this Sourcewell proposal is
typically better than what we offer
for other purchasing contracts. It is
possible that a dealer may offer a
lesser price for a specific deal or
customer but that is generally
without our input.
Table 13:Audit and Administrative Fee
Line Question Response
Item
65 Specifically describe any self-audit process or program that you plan to employ Currently,we require our Regional Sales Managers to report SounmWell
to verify compliance with your proposed Contract with Sourcewell.This process Sales(using the provided Sourcewell template)on a quarledy basis. Late
includes ensuring that Sourcewell participating entities obtain the proper pricing, last year we refined and simplified that process by allowing our dealers to
that the Vendor reports all sales under the Contract each quarter, and that the select"Sourcewell"within the CPQfordedng tool and that would
Vendor remits the proper administrative fee to Sourcewell. Provide sufficient detail automatically apply the appropriate pricing.This also allows us the ability
to support your ability to report quarterly sales to Sourcewell as described in the to track Sourcewell deals in our CPQ/on-line ordering tool. Each RSM
Contract template. now has the ability to view all sales, by specific dealer and region and
can query for Sourcewell specific sales. By tracking sales within our CPQ
ordering tool,we can verify"Sourcewell'sales and obtain the other
required reporting details including transaction price.
Once RSMs submit their territory Sourcewell sales reports, they are
reviewed and reconciled by our Controller. Once approved, I submitted
the quarterly report as required and our Controller initiates payment.
66 If you are awarded a contract, provide a few examples of internal metrics that Quarterly sales are reviewed and compared to the previous yeaft
will be tracked to measure whether you are having success with the contract. quarterly results and are also reviewed as s percentage of overall sales.
As Business Development Manager, I am task with ensuring growth
targets are achieved specific to several business development objectives
that are set.This includes overall Sourcewell Sales increases. I am also
charged with ensuring compliance to requirements.
67 Identify a proposed administrative fee that you will pay to Sourcewell for As with past contracts, we propose a 0.5% administrative fee exclusive of
facilitating, managing, and promoting the Sourcewell Contract in the event that chassis pricing and freight. We remove chassis pricing and freight as
you are awarded a Contract. This fee is typically calculated as a percentage of these items are not profit generating but rather cost items.
Vendor's sales under the Contract or as a per-unit fee; it is not a line-item This fee will be paid by us (Elgin) and is not a line item past on to the
addition to the Members cost of goods. (See the RFP and template Contract for member.
additional details.)
Table 14A:Depth and Breadth of Offered Equipment Products and Services
Line Question Response'
it— __
68 Provide a detailed description of the equipment. We are offering fw purchase or rental, a full-Ilne of street sweepers. We offer purpose-built
products, and services that you are offering in your mechanical sveepors, chassis-mounted mechanical,regenerative air and pure vacuum sweeping
proposal. technologies. We also offer a number of our models utilizing alternative fuels including Compressed
Natural Gas (CNG)and hybrid electric sweepers.Our product offering represents the most
comprehensive line-up of full-sized street sweepers for use in municipal, county highway and state
DOT applications_ Because of recent popularity of ranting sweepers,we are offering rental option for
our line of sweepers as well as the sale of late model used sweeper equipment.
69 Within this RFP category there may be subcategories Our focus is on street,highway,runway,construction,and large parking lot sweepers. Our
of solutions. List subcategory titles that best describe subcategories Include purpose-built.chassis-mounted diesel and alternative fuels including Compressed
your products and services. [Refer also to RFP natural gas(CNG)and hybrid (electric)solutions. It should be noted that our sweepers have a
Section It. B. 2 for potential subcategory descriptors.] comprehensive list of options and accessories that are available to customize our products for specific
and geographic applications including waterless sweeping and high-alfilude sweeping. These options
are Including In our offering.
Table 14B:Depth and Breadth of Offered Equipment Products and Services
Indicate below if the listed types or classes of equipment,products,and services are offered within your proposal.Provide additional comments in the text box
provided,as necessary.
Line Item Category or Type Offered' Comments
70 Street, sidewalk, and parking lot sweeping and cleaning r.Yes Eight different models with optional variations
-equipment r No for specific sweeping applications.
71 Runway sweeping and cleaning equipment r Yes We offer an option of our regen sweeper for
r No higher speed runway and tarmac sweeping
applications.
72 Litter, trash, and debris vacuums r. Yes Our regenerative air and pure vacuum
r No sweepers are ava labia with hatch basin
hose that can add versatility to pick-up debris
below surface grade or onfin street shoulders
and parkways.
73 Supplies and replacement or wear parts related to the r Yes Service parts are not offered.
1 solutions in Lines 70-72 above r. No
Bid Number: RFP 093021 Vendor Name: Elgin Sweeper Co.
DocuSign Envelope ID:19297220-95FF-43A3-A84F-5B5DC84B170F
Table 15:Exceptions to Terms,Conditions,or Specifications Form
Line Item 74.NOTICE:To identify any exception,or to request any modification,to the Sourcewell template Contract terms,conditions,or specifications,a
Proposer must submit the exception or requested modification on the Exceptions to Terms,Conditions,or Specifications Form immediately below.The contract
section,the specific text addressed by the exception or requested modification,and the proposed modification must be identified in detail.Proposer's exceptions and
proposed modifications are subject to review and approval of Sourcewell and will not automatically be included in the contract.
Contract Section Term,Condition,or Specification Exception or Proposed Modification
Documents
Ensure your submission document(s)conforms to the following:
1.Documents in PDF format are preferred.Documents in Word,Excel,or compatible formats may also be provided.
2.Documents should NOT have a security password,as Sourcewell may not be able to open the file.It is your sole responsibility to ensure that the uploaded
document(s)are not either defective,corrupted or blank and that the documents can be opened and viewed by Sourcewell.
3.Sourcewell may reject any response where any document(s)cannot be opened and viewed by Sourcewell.
4.If you need to upload more than one(1)document for a single item,you should combine the documents into one zipped file.If the zipped file contains more than
one(1)document, ensure each document is named,in relation to the submission format item responding to.For example,if responding to the Marketing Plan
category save the document as"Marketing Plan."
• Pricing-Elgin Pricing Files.zip-Tuesday September 28,2021 16:19:40
• Financial Stm%LI and Stabllity-fss_2020_10k.pdf-Friday September 24,2021 14:17:07
• Marketing Plan/Sam Imes-2021 Elgin Facebook-Sourcewell.pdf-Friday September 24,2021 13:26:30
• WMBE/MBE/SBE or Related Certificates (optional)
• Warranty Information-Elgin Warranty Statement.jpg-Monday September 27,2021 10:57:49
• Standard Transaction Document Samples-Elgin Transaction doc examples.zip-Friday September 24,2021 13:27:10
• LJpload_Ar ditional Document-Fed Sig Elgin Vactor-Sourcewell-COI 2022.pdf-Monday September 27,2021 13:52:39
Bid Number: RFP 093021 Vendor Name: Elgin Sweeper Co.
DocuSign Envelope ID:19297220-95FF-43A3-A84F-5B5DC84B170F
Addenda,Terms and Conditions
PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and
Assurance of Compliance:
1. The Proposer is submitting this Proposal under its full and complete legal name,and the Proposer legally exists in good standing in the jurisdiction of its
residence.
2. The Proposer warrants that the information provided in this Proposal is true,correct,and reliable for purposes of evaluation for contract award.
3. The Proposer,including any person assisting with the creation of this Proposal,has arrived at this Proposal independently and the Proposal has been created
without colluding with any other person,company,or parties that have or will submit a proposal under this solicitation;and the Proposal has in all respects been
created fairly without any fraud or dishonesty.The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or
business in an effort to influence any part of this solicitation or operations of a resulting contract;and the Proposer has not taken any action in restraint of free
trade or competitiveness in connection with this solicitation.Additionally,if Proposer has worked with a consultant on the Proposal,the consultant(an individual
or a company)has not assisted any other entity that has submitted or will submit a proposal for this solicitation.
4. To the best of its knowledge and belief,and except as otherwise disclosed in the Proposal,there are no relevant facts or circumstances which could give rise to
an organizational conflict of interest.An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendors objectivity
in performing the contract is,or might be,impaired.
5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized
agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation.
6. If awarded a contract,the Proposer will provide to Sourcewell Participating Entities the equipment,products,and services in accordance with the terms,
conditions,and scope of a resulting contract.
7. The Proposer possesses,or will possess before delivering any equipment,products,or services,all applicable licenses or certifications necessary to deliver
such equipment,products,or services under any resulting contract.
8. The Proposer agrees to deliver equipment,products,and services through valid contracts,purchase orders,or means that are acceptable to Sourcewell
Members.Unless otherwise agreed to,the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an
awarded Contract.
9. The Proposer will comply with all applicable provisions of federal,state,and local laws,regulations,rules,and orders.
10. The Proposer understands that Sourcewell will reject RFP proposals that are marked"confidential"(or"nonpublic,"etc.),either substantially or in their entirety.
Under Minnesota Statutes Section 13.591,subdivision 4,all proposals are considered nonpublic data until the evaluation is complete and a Contract is
awarded.At that point,proposals become public data.Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a"trade
secret,"and thus nonpublic data under Minnesota's Data Practices Act.
11. Proposer its employees,agents,and subcontractors are not:
1. Included on the"Specially Designated Nationals and Blocked Persons"list maintained by the Office of Foreign Assets Control of the United States
Department of the Treasury found at:JkUosJlwww.traasu�g9lgfa ldow�r I�att3lscl+lis.;'I;
2. Included on the government-wide exclusions lists in the United States System for Award Management found at:https://sam.gov/SAM;or
3. Presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from programs operated by the State of Minnesota;
the United States federal government or the Canadian government,as applicable;or any Participating Entity.Vendor certifies and warrants that neither it
nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation.
r By checking this box I acknowledge that I am bound by the terms of the Proposers Affidavit,have the legal authority to submit this Proposal on behalf of the
Proposer,and that this electronic acknowledgment has the same legal effect,validity,and enforceability as if I had hand signed the Proposal. This signature will not
be denied such legal effect,validity,or enforceability solely because an electronic signature or electronic record was used in its formation. - David Panizzi,
Business Development Manager,Elgin Sweeper Company
The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission,and/or the Proposer foresees an actual or
potential Conflict of Interest in performing the contractual obligations contemplated in the bid.
r Yes r. No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.
Bid Number: RFP 093021 Vendor Name: Elgin Sweeper Co.
DocuSign Envelope ID:19297220-95FF-43A3-A84F-5B5DC84B170F
Check the box in the column I have reviewed this addendum"below to acknowledge each of the addenda.
I have reviewed the
File Name below addendum and pages
attachments(if
applicable)
Addendum_2_Street_Sweepers_RFP_093021 '
Wed August 25 2021 07:12 PM
Addendum_i_Street_Sweepers_RFP_093021 F 2
Fri August 13 2021 02:49 PM
Bid Number: RFP 093021 Vendor Name: Elgin Sweeper Co.
DocuSign Envelope ID: 19297220-95FF-43A3-A84F-5B5DC84B170F
EXHIBIT C
City's Insurance and Indemnity
DocuSign Envelope ID: 19297220-95FF-43A3-A84F-5B5DC84B170F
Exhibit C
Insurance and Indemnity
INDEMNIFICATION
To the furthest extent allowed by law, VENDOR shall indemnify, hold harmless and
defend CITY and each of its officers, officials, employees, agents and volunteers from
any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in
contract, tort or strict liability, including but not limited to personal injury, death at any
time and property damage) incurred by CITY, VENDOR or any other person, and from
any and all claims, demands and actions in law or equity (including reasonable
attorney's fees, litigation expenses and cost to enforce this agreement), arising or
alleged to have arisen directly or indirectly out of performance of this Contract.
VENDOR'S obligations under the preceding sentence shall apply regardless of whether
CITY or any of its officers, officials, employees, agents or volunteers are passively
negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused by the active or sole negligence, or the willful misconduct, of CITY or
any of its officers, officials, employees, agents or volunteers.
If VENDOR should subcontract all or any portion of the work to be performed
under this Contract, VENDOR shall require each subcontractor to indemnify, hold
harmless and defend CITY and each of its officers, officials, employees, agents and
volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Contract.
INSURANCE REQUIREMENTS
(a) Throughout the life of this Agreement, VENDOR shall pay for and maintain in full
force and effect all insurance as required herein with an insurance company(ies) either
(i) admitted by the California Insurance Commissioner to do business in the State of
California and rated no less than "A-VII" in the Best's Insurance Rating Guide, or (ii) as
may be authorized in writing by CITY'S Risk Manager or his/her designee at any time
and in his/her sole discretion. The required policies of insurance as stated herein shall
maintain limits of liability of not less than those amounts stated therein. However, the
insurance limits available to CITY, its officers, officials, employees, agents and
volunteers as additional insureds, shall be the greater of the minimum limits specified
therein or the full limit of any insurance proceeds to the named insured.
(b) If at any time during the life of the Agreement or any extension, VENDOR or any
of its subcontractors fail to maintain any required insurance in full force and effect, all
services and work under this Agreement shall be discontinued immediately, and all
payments due or that become due to VENDOR shall be withheld until notice is received
by CITY that the required insurance has been restored to full force and effect and that
the premiums therefore have been paid for a period satisfactory to CITY. Any failure to
maintain the required insurance shall be sufficient cause for CITY to terminate this
Agreement. No action taken by CITY pursuant to this section shall in any way relieve
VENDOR of its responsibilities under this Agreement. The phrase "fail to maintain any
required insurance" shall include, without limitation, notification received by CITY that an
DocuSign Envelope ID: 19297220-95FF-43A3-A84F-5B5DC84B170F
insurer has commenced proceedings, or has had proceedings commenced against it,
indicating that the insurer is insolvent.
(c) The fact that insurance is obtained by VENDOR shall not be deemed to
release or diminish the liability of VENDOR, including, without limitation, liability under
the indemnity provisions of this Agreement. The duty to indemnify CITY 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 VENDOR. Approval or purchase of any insurance contracts or policies shall in no
way relieve from liability nor limit the liability of VENDOR, vendors, suppliers, invitees,
contractors, sub-contractors, subcontractors, or anyone employed directly or indirectly
by any of them.
1. PRODUCTS LIABILITY INSURANCE: VENDOR shall maintain, and provide the
City of Fresno with verification of, manufacturer's products liability insurance policy in
excess of$1,000,000 by providing a certificate of insurance on said Bid Item(s)
equipment. Certificates shall be issued by an insurance company meeting the
requirements to conduct business in the state of California. City of Fresno is required to
be an additional insured with primary and non- contributory coverage in favor of the City
on this General Liability Policy.
If the scope of work includes delivery and/or installation the re uirements below
ap2ly in addition to the above requirements.
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial General
Liability Coverage Form CG 00 01, providing liability coverage arising out of your
business operations. The Commercial General Liability policy shall be written on an
occurrence form and shall provide coverage for"bodily injury," "property damage" and
"personal and advertising injury" with coverage for premises and operations (including
the use of owned and non-owned equipment), products and completed operations, and
contractual liability (including, without limitation, indemnity obligations under the
Agreement) with limits of liability not less than those set forth under "Minimum Limits of
Insurance."
2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01,
providing liability coverage arising out of the ownership, maintenance or use of
automobiles in the course of your business operations. The Automobile Policy shall be
written on an occurrence form and shall provide coverage for all owned, hired, and non-
owned automobiles or other licensed vehicles (Code 1- Any Auto).
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
MINIMUM LIMITS OF INSURANCE
VENDOR shall procure and maintain for the duration of the contract, and for 5 years
thereafter, insurance with limits of liability not less than those set forth below. However,
insurance limits available to CITY, its officers, officials, employees, agents and
DocuSign Envelope ID:19297220-95FF-43A3-A84F-5B5DC84B170F
volunteers as additional insureds, shall be the greater of the minimum limits specified
herein or the full limit of any insurance proceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILITY
(i) $1,000,000 per occurrence for bodily injury and property damage;
(ii) $1,000,000 per occurrence for personal and advertising injury;
(iii) $2,000,000 aggregate for products and completed operations; and,
(iv) $2,000,000 general aggregate applying separately to the work performed under
the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY
$1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation Insurance as required by the State of California with
statutory limits and EMPLOYER'S LIABILITY with limits of liability not less than:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
UMBRELLA OR EXCESS INSURANCE
In the event VENDOR purchases an Umbrella or Excess insurance policy(ies) to meet
the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and
afford no less coverage than the primary insurance policy(ies). In addition, such
Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-
contributory basis for the benefit of the CITY, its officers, officials, employees, agents
and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
VENDOR shall be responsible for payment of any deductibles contained in any
insurance policy(ies) required herein and VENDOR shall also be responsible for
payment of any self-insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
(i) All policies of insurance required herein shall be endorsed to provide that the
coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except
after thirty (30) calendar days written notice has been given to CITY, except ten (10)
days for nonpayment of premium. VENDOR is also responsible for providing written
notice to the CITY under the same terms and conditions. Upon issuance by the insurer,
broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in
limits, VENDOR shall furnish CITY with a new certificate and applicable endorsements
for such policy(ies). In the event any policy is due to expire during the work to be
performed for CITY, VENDOR shall provide a new certificate, and applicable
DocuSign Envelope ID: 19297220-95FF-43A3-A84F-5B5DC84B170F
endorsements, evidencing renewal of such policy not less than fifteen (15) calendar
days prior to the expiration date of the expiring policy.
(ii) The Commercial General and Automobile Liability insurance policies shall be
written on an occurrence form.
(iii) The Commercial General and Automobile Liability insurance policies shall be
endorsed to name City, its officers, officials, agents, employees and volunteers as an
additional insured all ongoing and completed operations. Additional Insured
endorsements under the General Liability policy must be as broad as that contained in
ISO Forms: GC 20 10 11 85 or both CG 20 10 & CG 20 37.
(iv) The Commercial General and Automobile Liability insurance shall contain, or be
endorsed to contain, that VENDOR'S insurance shall be primary to and require no
contribution from the City. Primary and Non Contributory language under the General
Liability policy must be as broad as that contained in ISO Form CG 20 01 04 13. These
coverages shall contain no special limitations on the scope of protection afforded to
City, its officers, officials, employees, agents and volunteers.
(v) Should any of these policies provide that the defense costs are paid within the
Limits of Liability, thereby reducing the available limits by defense costs, then the
requirement for the Limits of Liability of these polices will be twice the above stated
limits.
(vi) All insurance policies required herein shall contain, or be endorsed to contain, a
waiver of subrogation as to CITY, its officers, officials, agents, employees and
volunteers.
PROVIDING OF DOCUMENTS
VENDOR shall furnish CITY with all certificate(s) and applicable endorsements effecting
coverage required herein. All certificates and applicable endorsements are to be
received and approved by the CITY'S Risk Manager or his/her designee prior to CITY'S
execution of the Agreement and before work commences. All non-ISO endorsements
amending policy coverage shall be executed by a licensed and authorized agent or
broker. Upon request of CITY, VENDOR shall immediately furnish CITY with a
complete copy of any insurance policy required under this Agreement, including all
endorsements, with said copy certified by the underwriter to be a true and correct copy
of the original policy. This requirement shall survive expiration or termination of this
Agreement. All subcontractors working under the direction of VENDOR shall also be
required to provide all documents noted herein.
SUBCONTRACTORS
If VENDOR subcontracts any or all of the services to be performed under this
Agreement, VENDOR shall require, at the discretion of the CITY Risk Manager or
designee, subcontractor(s) to enter into a separate Side Agreement with the City to
provide required indemnification and insurance protection. Any required Side
Agreement(s) and associated insurance documents for the subcontractor must be
reviewed and preapproved by CITY Risk Manager or designee. If no Side Agreement is
required, VENDOR will be solely responsible for ensuring that it's subcontractors
maintain insurance coverage at levels no less than those required by applicable law and
is customary in the relevant industry.