2213a PBA 19/20-59 Piggyback w/Trane U.S. IncThe item(s) noted below is/are attached and forwarded to your office for the following action(s):
F]
Development Order
Mayor's signature
❑
Final Plat (original mylars)
Recording
❑
❑
Letter of Credit
Maintenance Bond
Rendering
Safe keeping (Vault)
F1
Ordinance
❑
Deputy City Manager
❑
Performance Bond
❑
Payment Bond
❑
Resolution
❑
City Manager Signature
❑
El
City Clerk Attest/Signature
City Attorney/Signature
Once completed, please:
— Return originals to Purchasing- Department
❑ Return copies
1-1
Special Instructions: US Commodities piggyback l cc, apprCVC)d 2-10L4a0Q0
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From
SliarePoint—Finance—Purchasiii--Forms - 2018.doc
311412-02-0
Date
Trane U.S. Inc. Piggyback Contract (PBA 19/20-59) (HVAC Products, Installation,
Services And Related Products And Services)
The City of Sanford ("City") enters this "Piggyback" Contract with Trane U.S. INC.,
a Delaware corporate entity (hereinafter referred to as the "Vendor"), whose principal
address is 800-E Beaty Street, Davidson, North Carolina 28036, under the terms and
conditions hereinafter provided. The City and the Vendor agree as follows:
(1). The Purchasing Policy for the City of Sanford allows for "piggybacking"
contracts. Pursuant to this procedure, the City is allowed to piggyback an existing
government contract, and there is no need to obtain formal or informal quotations,
proposals or bids. The parties agree that the Vendor has entered a contract with the
government of Board of Education of Harford County, Maryland, said contract being
identified as "RFP #15-JLP-023" for HVAC products, installation, services and
related products and services, as may have been amended, in order for the Vendor
to provide all goods and services relating to the provision of HVAC products,
installation, services and related products and services, as well as related matters
thereto (said original contract being referred to as the `original government contract").
(2). The original government contract documents are incorporated herein by
reference and is attached as Exhibit "A" to this contract. All of the terms and
conditions set out in the original government contract are fully binding on the parties
and said terms and conditions are incorporated herein; provided, however, that the
City will negotiate and enter work orders/purchase orders with the Vendor in
accordance with City policies and procedures for particular goods and services.
(3). Notwithstanding the requirement that the original government contract
is fully binding on the parties, the parties have agreed to modify certain technical
1
provisions of the original government contract as applied to this Contract between
the Vendor and the City, as follows:
(a). Time Period ("Term") of this Contract: (state N/A if this is not applicable).
N/A.
(b). Insurance Requirements of this Contract: (state N/A if this is not
applicable). N/A.
(c). Any other provisions of the original government contract that will be
modified: (state N/A if this is not applicable). N/A.
(d). Address change for the City: Notwithstanding the address and contact
information for the government entity as set out in the original government contract, the
Vendor agrees that he/she/it shall send notices, invoices and shall conduct all business
with the City to the attention of City Manager, at: City of Sanford, City Hall, 300 North Park
Avenue; Sanford, Florida 32771. The City Manager's designated representative for this
Contract is Marisol Ordonez, Purchasing Manager, Finance -Purchasing Division, City of
Sanford City Hall, 300 North Park Avenue, Sanford, Florida 32771, telephone number
(407) 688-5028 and whose e-mail address is Marisol.ordonez@sanfordfl.gov.
(e). Notwithstanding anything in the original government contract to the
contrary, the venue of any dispute will be in Seminole County, Florida. Litigation between
the parties arising out of this Contract shall be in Seminole County, Florida in the Court
of appropriate jurisdiction. The law of Florida shall control any dispute between the parties
arising out of or related to this Contract, the performance thereof or any products or
services delivered pursuant to such Contract.
2
(f). Notwithstanding any other provision in the original government contract to
the contrary, there shall be no arbitration with respect to any dispute between the parties
arising out of this Contract. Dispute resolution shall be through voluntary and non-binding
mediation, negotiation or litigation in the court of appropriate jurisdiction in Seminole
County, Florida, with the parties bearing the costs of their own legal fees with respect to
any dispute resolution, including litigation.
(g). All the services to be provided or performed shall be in conformance with
commonly accepted industry and professional codes and standards, standards of the
City, and the laws of any Federal, State or local regulatory agency.
(h).
(I). IF THE CONTRACTORNENDOR HAS QUESTIONS
STATUTES, TO THE CONTRACTOR'S (VENDOR'S) DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT (407) 688-5012, TRACI
HOUCHIN, CMC, FCRM, CITY CLERK, CITY OF SANFORD, CITY HALL,
300 NORTH PARK AVENUE, SANFORD, FLORIDA 32771,
TRACI.HOUCHIN@SANFORDFL.GOV.
(11). In order to comply with Section 119.0701, Florida Statutes, public
records laws, the Vendor must:
(A). Keep and maintain public records that ordinarily and necessarily would
be required by the City in order to perform the service.
3
(B). Provide the public with access to public records on the same terms and
conditions that the City would provide the records and at a cost that does not exceed
the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law
(C). Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as authorized
by law.
(D). Meet all requirements for retaining public records and transfer, at no
cost, to the City all public records in possession of the Vendor upon termination of
the contract and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored
electronically must be provided to the City in a format that is compatible with the
information technology systems of the City.
(III). If the Vendor does not comply with a public records request, the City
shall enforce the contract provisions in accordance with this Agreement.
(IV). Failure by the Vendor to grant such public access and comply with public
records requests shall be grounds for immediate unilateral cancellation of this
Agreement by the City. The Vendor shall promptly provide the City with a copy of any
request to inspect or copy public records in possession of the Vendor and shall
promptly provide the City with a copy of the Vendor's response to each such request.
(i). 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.
SIGNATURE BLOCKS FOLLOW:
4
Mareh
Entered this- LP'Iday of Febmary, 2020.
Attest:
Mike Dillard
Control Sales Leader
Attest:
A
P'� ck'
Traci Houchin, City Clerk, CIVIC, FCRM
Approved as to form and legal sufficiency
William L. Colbert City Attorney
Trane U.S. INC., a Delaware
corporation.
By
Erik Smedal
Area General Manager, CFL Sales
Date: 03/06/2020
City Of Sanford
By:
Jeff Tripi
Date:
Exhibit "A"
[Attach original government contract]
/ DEPARTMENTFINANCE
March 12, 2020
DocuMENT APPROVAL
Contract/Agreement Name:
Approval:
A:�&jPurcha ' g Manager
ri
Finance Director
City Attorney
PBA 19/20-59 HVAC Products, Installation
Services and Related Products and Services
3 N - oac�o
Date
Date
.:�7- /�- Zd2a
Date
� V
CITY OF
�r�if iii✓ . ._ry� WS— RM X
FORD
FLORIDA Item No. x
CITY COMMISSION MEMORANDUM 20-026.D
FEBRUARY 2A., 2020 AGENDA
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Jim Beard, Facilities Superintendent
SUBMITTED BY:�%
Norton N. Bonaparte, Jr., City Manager
SUBJECT: Sanford City Hall, Duct Cleaning
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Approval of procurement services for HVAC duct cleaning of City Hall to Trane is requested.
FISCAL/STAFFING STATEMENT:
The estimated cost for duct cleaning for City Hall is $63,414. Funding was approved and available
in the Facilities Capital Improvement Account,
BACKGROUND:
The U.S. Communities Goverment Purchasing Alliance was acquired as is now part of OMNIA
Partners which is said to be the largest and most trusted cooperative purchasing organization for
public sector procurement. National IPA was combined with U.S. Communities Government
Purchasing Alliance to form OMNIA Partners, Public Sector. The collective buying power of these
unified purchasing cooperatives delivers superior value and savings for public agencies
nationwide.
The services provided will cover approximately 5,894 linear feet. The cleaning of the City Hall
vents will improve indoor air quality, and maintains HVAC system efficiency. The work includes:
(1). Cleaning all diffusors and grills with air tools and wipe with a mild
disinfectant and water solution as needed.
(2). Covering and scaling all diffusors to protect surrounding areas.
(3). Making access openings in duct work to ensure a thorough cleaning.
(4). Resealing openings to industry standards upon completion.
(5). Accomplishing a power vacuum clean with portable NEPA vac system
and NEPA filtered negative air machines in order to maintain the duct system
at a negative pressure during duct cleaning. Mechanical agitation will be used
to dislodge all dirt, dust, and other contaminants and return ducts. Negative
pressure will be maintained during all work to minimize disbursement of air
born contaminants.
(6). Sending reverse air tools through tributary ductwork using up to 200 PSI
to enable cleaning.
(7). Vacuuming, cleaning and brushing all affiliated louvers, dampers and
turn vanes.
(8). Using NEPA filtered air scrubbers while cleaning.
(9). Maintaining air quality while cleaning occurs.
(10). Providing National Air Duct Cleaning Association certifications with
all work meeting ACR 2013 Standards.
Associated environmental controls are as follows: Cover, protect & seal all equipment, furniture
and surrounding areas from any particulate or potential contaminants with 4 mil plastic while work
is performed.
Work is to be performed Friday through Sunday to minimize disruption of normal business
operations.
LEGAL, REVIEW:
The City Attorney's office has reviewed and approved this procurement to Trane and will draft a
piggyback contract to implement the activity.
RECOMMENDATION:
City staff recommends that the City Commission approve procurement to Trane for duct cleaning
at City Hall in the amount not to exceed $63,414.
SUGGESTED MOTION:
"I move to approve the procurement to Trane for duct cleaning at City Hall in the amount not to
exceed $63,414."
Attachments: (1).
Trane Estimate- K
(2).
TranecrAgreement.
(3).
Master Agreement Addendum #1, 42 and #3.
(4).
Trane Renewal.
(5)
Pricing Clarification.
(6).
Scope of Services.
October 1, 2020 — September 30, 2022
This contract renewal is made and entered into this/2ty day of August, 2019, by Harford
County Public Schools, 102 South Hickory Avenue, Bel Air, Maryland (hereafter referred to as Owner)
and Trane, a corporation located at 800 Beaty Street, in the city of Davidson, and State of North
Carolina, (hereafter referred to as Contractor).
WHEREAS, Owner and Contractor have entered into an Agreement dated September 29, 2015
(hereafter referred to as the Contract), for the Contractor to provide comprehensive HVAC Products,
Installation, Services and Related Products and Services in accordance with RFP #15-JLP-023.
WHEREAS, the original Contract term will expire on September 30, 2020;
THEREFORE, for and in consideration of the mutual promises to each other, as in hereinafter set
forth,' the parties hereto do mutually agree to renew the Contract as per the conditions set forth in the
original Contract, as follows:
1. Owner chooses to offer the second and final option to renew this contract for two (2) year
for the time period from October 1, 2020 through September 30, 2022.
2. Pricing structures and related pricing terms will remain the same as the original terms and
conditions.
3. All other terms, conditions and provisions of the Contract remain in effect.
4. There is no renewals remaining for this Contract.
WHEREAS, the parties hereto desire to set the terms of the renewal to writing;
IN WITNESS WHEREOF, Owner and the Contractor have executed the renewal agreement the
day and year written above.
HARF# COUNTY PUBLIC SCHOOLS
By:
Swr►ature
Name: Bobbie Wilkerson, CPPD, CPPB
Title: Sup(eervise /of Purchasing
Date: Q l ��! q
By:
Signature
Name: A-4,4 I! . Aa- -g-2.icr1
Title: t"Re511s6r-cT �c�S
Date: (51, S h 9
Public Schools
NATIONAL
NA LEAGUE
#CITIES
Purchasing Department
410-638-4082
RFP # 15-JLP-023
REQUEST FOR PROPOSALS
FOR
HVAC PRODUCTS, INSTALLATION, SERVICES AND RELATED PRODUCTS
AND SERVICES
Proposals Due August 13, 2015 before 2:30 pm
THIS SOLICITATION IS MADE ON BEHALF OF HARFORD COUNTY
PUBLIC SCHOOLS, MARYLAND AND OTHER GOVERNMENTAL
AGENCIES AND MADE AVAILABLE THROUGH THE U.S. COMMUNITIES
GOVERNMENT PURCHASING ALLIANCE.
Bid Notification
Notice is hereby given that Harford County Public Schools (HCPS) (District) on behalf
of itself and other government agencies and made available through the U.S.
Communities Government Purchasing Alliance, will receive proposals for
RFP #15-JLP-023
HVAC PRODUCTS, INSTALLATION, SERVICES AND RELATED PRODUCTS
AND SERVICES
Proposals must be received prior to 2:30 PM on August 13, 2015 in the District's
Purchasing Department. Proposals must be sealed, prominently marked with the RFP
number, title, due date, time, and name of vendor on outside of envelope.
Proposals should be delivered/mailed to:
Harford County Public Schools
Attention: Purchasing
102 South Hickory Ave.
Bel Air, MD 21014
RFP documents are available from the Harford County Public Schools website
http://www.hcps.or 7/departments/BusinessServices/purciiasing.gVx
and from eMaryland Market Place, https://emarylaiid.buyspeed.com/bso/
A Pre -Proposal meeting will be held June 29, 2015 at 1:00 PM at the North Harford
Middle School in Room A-4. The address for North Harford Middle School is, 112
Pylesville Rd, Pylesville, MD 21132.
Refer any questions to the availability of documents to Sherry Ramsey Downen at (410)
809-6046 or email at sherry.ramseydownenohcps.org
HCPS does not discriminate in the choice of suppliers and the award of bids/contracts
based on race, sex, age, national origin, religion or disability.
0)
Table of Contents
Noticeto Vendors................................................................................................................2
Section 1 — General Information..........................................................................................5
Introduction.............................................................................................................. 5
Calendarof Events...................................................................................................7
ContractTerm..........................................................................................................8
Pre -Proposal Conference..................................................................12
Section2 - Scope of Work.................................................................................................13
Proposal Submission..............................................................................................13
Checklist of Required Information........................................................................18
Section 3 - Evaluation and Selection Process....................................................................19
Section 4 - Proposal Format...............................................................................................21
Section 5 - Harford County Public Schools Contract Agreement
...............................23
Section 6 - U.S. Communities Overview...........................................................................27
SupplierQualifications..........................................................................................31
SupplierWorksheet.............................................................................................38
New Supplier Implementation Timeline................................................................39
Supplier Information Required..............................................................................41
Attachment 1— Signature Sheet.....................................................................................49
Attachment 2 — Anti -Bribery and Debarment Affidavit..............................................50
Attachment 3 - Master Intergovernmental Cooperative Purchasing Agreement...............51
Attachment 4 - U.S. Communities Administration Agreement...................................53
Attachment 5 - State Notice Addendum............................................................................67
Attachment 6 - FEMA Standard Terms and Conditions Addendum.................................86
Attachment 7 - Community Development Block Grant Addendum.................................88
Attachment 8 - Price Project and Scenario Descriptions...................................................89
Project 1: North Harford Middle School Chiller Replacement ............................90
MBE Instructions and Goals.....................................................95
MBE Attachments A — H (A and B MUST be returned with your
proposal).....................................................................97-106
Project 2: Packaged Rooftop Air Conditioner ....................................................107
Project 3: Indoor Air Handling Unit...................................................................114
Project 4: Air Cooled Scroll Chiller....................................................................118
3
Table of Contents Cont'd
Project 5: Centrifugal Water Chiller.....
Project 6: Unit Ventilator........
.......122
.....................................................127
Attachment 9 - Cost Proposal Forms/Bid Forms ........................................................131
Cost Proposal Form/Bid Form Price Project 1, NHMS..................................138
SignaturePage....................................................................................144
Note: Items in bold must be returned with your proposal.
G!
HARFORD COUNTY PUBLIC SCHOOLS
Purchasing Department
102 South Hickory Avenue
Bel Air, Maryland 21014
Telephone: 410.638.4082
Request for Proposal
HVAC Products, Installation, Services and Related Products and Services
Section 1- General Information
A. Introduction
It is the intent of this RFP to solicit sealed proposals from qualified business
entities to provide and install a Chiller at the Harford County Public Schools
North Harford Middle School, and also provide comprehensive HVAC Products,
Installation, Services and Related Products and Services on a national level. This
contract will allow government agencies to purchase the products and services
defined herein, in indefinite quantities on an as -needed basis.
The method of procurement will be a competitive negotiation via a Request for
Proposal (RFP) which may include the submission of best and final offers.
Price will not be the sole determinant for the award. As defined by the American
Bar Association Model Procurement Code, Competitive Sealed Proposals (RFP)
will be evaluated based upon criteria formulated around best value which may
include among other criteria: price, quality, performance, references, financial
information and the ability to successfully market to states, local governments,
school districts, higher education institutions and other government agencies and
nonprofit organizations.
5
B. Background
This solicitation is being administered by Harford County Public Schools for
those public entities that elect to access the Master Agreement through the U.S.
Communities Government Purchasing Alliance.
The Harford County Public Schools System (HCPS) is the seventh largest of the
24 Maryland School Systems. HCPS has 54 schools and a total enrollment of
approximately 39,000 students.
C. Procurement Administrator
Jeff LaPorta, CPPB, Supervisor of Purchasing, will administer the solicitation
process and will be the point of contact for purposes of this Request for Proposal.
All questions and inquiries should be emailed to Jeff.LaPorta@hcps.org. All
questions should be received no later than July 3, 2015 at 2:30 pm eastern time.
Responses to questions will be addressed in the form of a formal Addendum.
Responses will not be made to telephone, faxed or mailed inquires.
D. Proposal Submission
Three (3) original hard copies and eight (8) flash drive copies of the technical
proposal, and two (2) original hard copies and two (2) flash drives of the cost
proposal shall be submitted to, or hand delivered to Harford County Public
Schools, 102 S. Hickory Ave. Bel Air Maryland 21014 to the attention of the
Purchasing Department no later than August 13, 2015,.2:30PM. Proposals must
be submitted in envelopes or other mailing containers showing the RFP number,
firm's name and address, and the proposal due date on the outside. Late proposals
will not be accepted and will be returned unopened. A Register of Proposals will
be prepared at the closing time.
Additionally, if you label any information in your technical proposal as
proprietary or confidential, you must submit one redacted copy, in electronic
version, of the technical. See Section 1, page 6 for details.
E. Proposal Acceptance
Proposals including prices must remain valid for a period of not less than one
hundred, twenty (120) days to allow for evaluation, School Board approval and
Contract execution. Harford County Public Schools reserves the right to accept or
reject any or all proposals, waive informalities and select the most favorable
proposal that will serve its best interest as well as the best interest of those
participating governmental entities.
6
F. Calendar of Events (Subject to Change)
Event
Issue RFP
Pre -Proposal Conference (not mandatory)
Questions due
Addendum Issued
RFP due date
Evaluations/Negotiations/Interview
Awardee Notified
Board Approval
Tentative Contract Start Date
G. Incurring RFP Preparation Cost
Date
June 11, 2015
June 29, 2015 — 1:00 pm
July 3, 2015 — 3:30pm
July 15, 2015
August 13, 2015 — 2:30pm
September 1-3, 2015
September 10, 2015
September 21, 2015
October 1, 2015
Harford County Public Schools accepts no responsibility for any expense incurred
in the proposal preparation, on-site presentation, mailings etc.
H. Insurance Requirements
Insurance requirements are contained in General Requirements, attached
herewith. The Contractor must have in force and will maintain insurance, not less
than the amounts specified. These insurance requirement are only specific to
purchases made to HCPS and do not apply to other entities who use this
agreement. Individual public entities may have their own specific insurance
requirements.
I. Confidential Information
Redacted versions of technical trade secrets or proprietary information submitted
in response to this solicitation must be clearly labeled as "Confidential" and may
not be disclosed unless required under the appropriate freedom of information
statute. Proposers must clearly identify the data or other materials to be protected
and state the reasons why protection is necessary. If awarded, the RFP and all
related documents and proposal submissions will become part of the contract
award.
PUBLIC INFORMATION ACT - A redacted copy of your bid submission in
electronic PDF format (or similar) shall be submitted with your Offering. A
redacted copy is considered to be edited, modified, or otherwise revised from
which confidential, sensitive and proprietary information has been removed. The
redacted copy shall be for your Technical Proposal only.
7
This redacted copy will be used to respond to Freedom of Information Act
request(s) in accordance with the law, the Maryland Public Information Act,
Section 10-611 et seq. of the State Government Article of the Annotated Code of
Maryland. HCPS reserves the right to modify the redacted copy within its
authority under the law. If a redacted copy is not provided, HCPS will assume
that all information provided is public information that will be used to respond to
any request under this Act.
J. Contract Term
The term of the contract will be for three years following the contract award date
with the option to renew for two additional two year periods.
K. Pricing
Labor rates should be based on regional and national rates. The Awarded Supplier
may submit requests for labor rate increases on an annual basis, sixty (60) days
prior to the anniversary contract date. Price increase requests are not automatic
and must be approved by the Supervisor of Purchasing for the Lead Agency
(Harford County Public Schools).
The pricing structure, or percent discount for product pricing will remain fixed for
the term of the contract.
Supplier agrees to offer all future product and service introductions at similar
pricing as that offered through this solicitation and contract.
L. Permits and Licenses
The Contractor is responsible for obtaining any necessary licenses and permits,
and for complying with any applicable Federal, State, and municipal laws, codes,
and regulations, in connection with the prosecution of the work without additional
expense. The Contractor is similarly responsible for all damages to persons or
property that occurs as a result of their fault or negligence. The Contractor shall
take proper safety and health precautions to protect the work, the workers, the
public, and the property of others. The Contractor is also responsible for all
materials delivered and work performed until completion and acceptance of the
entire construction work, except for any completed unit of construction previously
accepted.
M. Drug, Tobacco and Alcohol
All HCPS properties are "drug, tobacco and alcohol free zones" as designated by
Local and State laws. Neither the Contractor or their employees (or
subcontractors) are permitted to have any drugs, tobacco or alcohol products on
HCPS property. Use of such items on HCPS property may result in termination of
the contract.
N. Illegal Immigrant and Child Labor
The use of illegal immigrant labor and/or illegal child labor to fulfill contracts
solicited by HCPS is in violation of the law and is strictly prohibited. Contractors
and subcontractors must verify employment eligibility of workers in order to
assure that they are not violating any Federal, State or Local laws regarding illegal
or child labor laws.
O. Employment of Child Sex Offenders
Maryland Law requires certain child sex offenders to register with the State and
with the local law enforcement agency in the county in which they will reside,
work and/or attend school. Section 11-722(c) & (D) of the Criminal Procedure
Article of the Annotated code of Maryland states, "A person who enters into a
contract with a County Board of Education or a non-public school may not
knowingly employ an individual to work at a school if the individual is a
registrant. A person who violates this section is guilty of a misdemeanor and on
conviction is subject to imprisonment not exceeding five years or a fine not
exceeding $5, 000 or both."
If a child sex offender, as determined by the definitions contained in the
Criminal Law Article of the Annotated Code of Maryland, is employed by
the Contractor, the Contractor is prohibited from assigning that employee to
perform management, delivery, installation, repair, construction or any
other type of services on any Harford County Public School property,
including the project property. Violation of this provision may result in
Termination for Cause as defined in the Amendments to the General
Conditions, Article 14.2.1.2.
P. Criminal Background Check/Photo Identification Badge/Fingerprinting
It is the responsibility of the Offeror to make certain that its employees, agents,
volunteers, and Contractors who may have contact with students are in
compliance with Title 5, Subtitle 5, Part VI, of the Family Law Article of the
Maryland Code. The Offeror shall comply with the Criminal Procedure Article of
Annotated Code of Maryland Section 11-722. The Offeror shall utilize the same
screening services for criminal backgrounds as used by the Board in order that the
Board can have consistency with all those individuals permitted to work in
schools and with children. Therefore, the Offeror shall require that all employees
providing services to students be screened via the Criminal Justice Information
Service (CJIS) and NCIC. All related costs shall be borne by the Contractor.
Each Contractor shall screen their work -forces to ensure that a registered sex
offender does not perform work at HCPS and also ensure that a subcontractor and
0
independent contractor conducts screening of its personnel who may work at a
school. The term "work force" is intended to refer to all of the Contractor's direct
employees and subcontractors and/or independent contractors it uses to perform
the work. Violation of this provision may cause HCPS to take action against the
Contractor up to and including termination of the Contract. HCPS reserves the
right, in its sole discretion, to reject or require the removal of any person proposed
for placement based on the person's criminal background check.
Q. Labor and Rates of Pay
The Awarded Offeror agrees that it shall abide by all applicable provisions of
Federal and State law and regulation pertaining to workplace conditions, child
labor and that all employees will be treated with dignity and respect.
The Awarded Offeror agrees to comply with all applicable Federal and State law
and regulation relating to payment of wages.
R. Termination for Cause
If the Contractor fails to fulfill its obligations under this contract properly and on
time, or otherwise violates any provision of the contract, Harford County Public
Schools may terminate the contract by written notice to the Contractor. HCPS
can affirmatively collect damages which may result from the Contractor's breach.
S. Disputes
Except as otherwise provided in these contractual documents, any claim, dispute,
or other matter in question shall be referred the Harford County Public Schools
Director of Purchasing, who shall decide the issue and provide a written response
to the Contractor. The decision of the Supervisor of Purchasing shall be final and
conclusive.
The contract shall be governed by the laws of the State of Maryland and nothing
in this contract shall be interpreted to preclude the parties seeking any and all
remedies provided by law. All protests must be in writing and submitted to the
Supervisor of Purchasing. Prior to dispute resolution through the appropriate
legal means, i.e. adjudicated by the appropriate Courts, the parties will participate
in Alternative Dispute Resolution (ADR), in an attempt to resolve the dispute in
accordance with the commercial Rules of the American Arbitration Association in
effect at the time. All disputes shall be decided by a single arbitrator. All costs
associated with ADR will be borne by the awarded contractor.
T. Billing and Payment
Unless otherwise instructed, the preferred method of (order) and payment is by
credit card. Please advise in your Technical Proposal if payment via credit card is
not acceptable.
Any unacceptable payment options must be clearly articulated in the technical
submission.
U. Multi -Agency Procurement
Harford County Public Schools assumes no authority, liability, or obligation, on
behalf of any other public or non-public entity that may use any contract resulting
from this Request for Proposal. All purchases and payment transactions will be
made directly between the Contractor and the requesting entity. Any exceptions
to this requirement must be specifically noted in the proposal response.
V. About This Document
This document is a Request for Proposal (RFP). It differs from a Request for
Bid/Quotation in that Harford County Public Schools is seeking a solution, as
described in the cover page and in the following sections, not a bid/quotation
meeting firm specifications for the lowest price. As such, the lowest prices
proposed may not guarantee an award recommendation. As defined in the
American Bar Association Model Procurement Code, Competitive Sealed
Proposals will be evaluated based upon criteria formulated around the most
important features and best value of a product or service, of which quality, testing,
references, and availability or capability, may be overriding factors, and price
may not be determinative in the issuance of a contract or award. The proposal
evaluation criteria should be viewed as standards that measure how well a
contractors" approach meets the desired requirements and needs of Harford
County Public Schools and U.S. Communities. Those criteria that will be used
and considered in evaluation for award are set forth in this document.
No negotiations, decisions, or actions shall be initiated by any proposers as a
result of any verbal discussion with any Harford County Public Schools member
or U.S. Communities staff prior to the opening of proposals in responses to this
document. RFP Offerors shall make no contacts — either written or verbal — with
any individual other than the individual identified herein during the period
beginning with the issuance of this RFP through approval of award. Any attempt
by a supplier/proposer to influence a member or members of the aforementioned
may be grounds to disqualify the proposal from the proposer from further
consideration.
If awarded, this RFP document in its entirety including attachments, appendices
and addenda will become part of the Contract. Harford County Public Schools
reserves the right to reject any or all proposals at any time and make necessary
II
arrangements to contract for the services or work described and proposed in the
manner most feasible and applicable when in its best interest to do so.
W. Award
This may result in award to one, or more than one vendor. Harford County Public
Schools reserves the right to award to one vendor for the specific North Harford
Middle School chiller and installation, and award to another vendor for the award
of supplier for national supply and services.
X. Anti -discrimination
It is the policy of the Harford County Public Schools that in connection with all
work performed under Purchasing Contracts there shall be no discrimination
against any prospective or active employee engaged in the work because of sexual
orientation, physical and mental disability, medical conditions, marital status, age,
pregnancy, veteran status, gender, race, color, ancestry, national origin, sex, or
religious creed. Therefore, the Vendor agrees to comply with applicable Federal
and State laws.
Y. Multiple Proposals
Multiple proposals from a firm, partnership, corporation or association under the
same or different names are subject to rejection unless specifically permitted in
the solicitation. Reasonable grounds for believing that an Offeror is interested in
more than one proposal for the work contemplated may result in rejection of all
proposals in which the Offeror is interested.
Z. Pre -Proposal Conference
A pre -proposal conference will be held on June 29, 2015, beginning at 1:00 PM
EST. The location will be at the North Harford Middle School, 112 Pylesville
Road, Pylesville, MD 21132, Room A-4.
12
Section 2- Scope of Work
Outcome
The expected outcome of this proposal is to enter into a contractual relationship
with a business partner(s) who will provide a comprehensive selection of HVAC
products and solutions, including complete turn -key services.
Suppliers are to propose the broadest possible selection of HVAC EQUIPMENT,
INSTALLATION, SERVICES AND RELATED PRODUCTS AND SERVICES.
This solicitation is to provide Participating Public Agencies with products,
services and turn -key solutions to meet their various needs. Therefore, the
Suppliers should have demonstrated experience in providing the Products and
Services as defined in this RFP, including but not limited to:
HVAC Products: This includes, but is not limited to, Chillers: air-cooled
chillers, water-cooled chillers, compressor chillers, ancillary chiller water
plant equipment and absorption liquid chillers; unitary systems that combine
heating, cooling and fan sections: rooftop systems, split systems, self-
contained systems and water source heat pumps; air handling systems:
performance air handlers, blower coil air handlers, make-up air gas heating
systems, air handler options and air cleaning options; terminal devices: unit
heaters, unit ventilators, fan coil units, ventilation fans and variable air
volume; ductless variable refrigerant volume units; dedicated outdoor air
systems; replacement coils; parts and aftermarket products and any other
HVAC products offered by Supplier.
2. Installation and Services: This includes, but is not limited to, any
installation of new equipment, maintenance of existing systems, upgrading of
existing infrastructure, turn -key services and any other installation and
services offered by Supplier.
Related Products and Services: This includes, but is not limited to, HVAC
equipment controls, thermostats, sensors, design and analysis tools,
commissioning, building management, enterprise management, rental and
lease services, financial services and any other related products and services
offered by Supplier.
Proposal Submission
This RFP requires a two-part submission process. Separate technical and price
proposals are to be submitted in sealed envelopes on the date and time stipulated.
Three (3) original and eight (8) flash drive copies of the technical copies shall be
submitted or hand delivered. Two (2) original and two (2) flash drive copies of
the cost proposal shall be submitted.
13
The proposal due date is August 13, 2015 at 2:30PM. Late proposals will not be
accepted and will be returned unopened. A Register of Proposals will be prepared
at the closing time and will be available for inspection.
Definitions
Definitions as used herein:
A. The term "solicitation" used in this document means this Request for Proposal
(RFP).
B. The term "offer" and "proposal" are used synonymously and mean a response
to this solicitation.
C. The terms "offeror", "proposer", "supplier" and "contractor" are synonymous
and refer to the entity/business/individual that submits a response to this
solicitation.
D. Harford County Public Schools, Maryland may be referred to as "HCPS".
E. U.S. Communities is a non-profit that assists Participating Public Agencies in
reducing the cost of purchased goods through strategic sourcing that combines
the volumes and the purchasing power of public agencies nationwide.
F. Participating Public Agency (PPA) is any state, county, city, special district,
local government, school district, private K-12 school, technical or vocational
school, higher education institution (including community colleges, colleges
and universities, both public and private), other government agency or
nonprofit organization that elects to use one or more U.S. Communities
contracts.
Labor Wage Classification Definitions
Definitions as used herein for establishing labor rates.
LABOR WAGE CLASSIFICATION DEFINITIONS
Professional licensed designer providing Architectural
Architect
drawings.
Asbestos Worker
Worker who removes and disposes of asbestos materials.
Worker who assembles boilers, tanks, vats and pressure
vessels. The duties of the boilermaker include welding,
acetylene burning, riveting, caulking, rigging, fitting up,
Boilermaker
1 grounding, reaming and impact machine operating.
14
15
Worker who builds wood structures or structures of any material
which has replaced wood. Includes rough and finish carpentry,
Carpenter
hardware and trim.
Carpet/Floor Installer
Worker who installs carpet and/or floor coverings and vinyl tile.
Agent who ensures proper installation and operation of
Commissioning Agent
technical building systems.
Concrete Finisher
Worker who floats, trowels and finishes concrete.
Data Communications /
Worker who installs data/telephone and television cable and
Telecommunications Installer
associated equipment and accessories.
Worker who can deliver materials to other HVAC personnel as
Delivery Personnel
well as work as a second man on jobs if necessary.
Worker who provides detail engineering drawings utilizing
Drafting
CADD type documents.
Worker who installs metal framed walls and ceilings, drywall
Drywall/Ceiling Installer
coverings, ceiling rids and ceilings.
Worker who cleans air conveyance systems using compressed
air tools and mechanical agitation devices to dislodge dirt and
other contaminants from the ductwork and other HVAC
Duct Cleaner
components.
Skilled craftsman who installs or repairs electrical wiring and
devices. Includes fire alarm systems and HVAC electrical
Electrician
controls.
Craftsman skilled in the installation and maintenance of
Elevator Mechanic
elevators.
Professional licensed engineer who lays out HVAC, plumbing,
Engineering Designer
electrical, structural or civil systems.
Fire Proofing Installer
Worker who sprays ora lies fire proofing materials.
Worker who lays coiled pipe and tests and connects to HVAC
Geothermal Well Field Labor
equipment in earthen trench.
Glazier
Worker who installs glass, glazing and glass framing.
Equipment operator that operates the following, including but
not limited to, all Cat tractors, all derrick -powered, all power
operated cranes, back -hoe, back filler, power operated shovel,
Heavy Equipment Operator
winch truck, all trenching machines.
Worker who is capable of working on low temperature
HVAC Building Automation
refrigeration equipment as well as small commercial equipment
Technician
under 60 tons.
HVAC Commercial A/C
Worker who is capable of working on large commercial up to
Technician
3000 tons.
Worker who is capable of working on small commercial up to 25
HVAC Light Commercial
tons.
Worker who installs ductwork. Assists with some equipment
HVAC Duct Installer
installation.
15
In
Worker who monitors quality as well as provide technical
HVAC Field Supervisor
support to all other HVAC technician skill levels.
Worker who changes filters in all types of HVAC equipment as
well as minor maintenance on light commercial equipment such
HVAC Filter Technician
as changing worn belts.
Worker who can assist a commercial or refrigeration technician
as well as perform minor analysis and repairs on equipment
HVAC Helper
under 30 tons.
Worker who is capable of working on low temperature
refrigeration equipment as well as small commercial equipment
HVAC Refrigeration Technician
under 60 tons.
Insulator
Worker who applies, sprays or installs insulation.
Skilled craftsman who erects structural steel framing and installs
Iron Worker
structural concrete rebar.
Worker qualified for only unskilled or semi -skilled work,
including but not limited to, lifting, carrying materials and tools,
Laborer/Helper
hauling, digging, clean-up.
Worker who installs metal framing and lath. Worker who applies
Lather/Plasterer
plaster to lathing & installs associated accessories
Includes, but is not limited to, operation of air compressors,
truck crane driver, flex plane, building elevator, form grader,
Light Equipment Operator
concrete mixer less than 14cf), conveyer.
Craftsman who works with masonry products, stone, brick,
block or any material substituting for those materials and
Mason, Bricklayer
accessories.
Metal Building Assembler
Worker who assembles re -made metal buildings.
Mechanic specializing in the installation of heavy machinery,
conveyance, wrenches, dock levelers, hydraulic lifts and align
Millwright
pumps.
Worker who prepares wall surfaces & applies paint and/or wall
Painer/Wall Covering Installer
covering, tape and bedding.
Trained worker who installs piping systems, chilled water piping
and hot water (boiler) piping, pneumatic tubing controls, chillers,
Pipefitter
boilers and associated mechanical equipment.
Skilled craftsman who installs domestic hot & cold water piping,
waste piping, storm system piping, water closets, sinks, urinals,
Plumber
and related work.
Worker who monitors the engineering documents as well as
provide technical support regarding the engineering plans and
specifications as desgined by the Professional Engineer.
Project Engineer
Worker is responsible for maintaining project status and reports.
In
Specific Information Requested From All Proposal Submitters
Harford County Public Schools may make such investigations deemed necessary
to determine the ability of the Offeror to furnish the necessary requirements
described herein. The Offeror shall furnish, to Harford County Public Schools, all
data and information requested in order to determine the Offerors ability to
perform under this RFP. Harford County Public Schools reserves the right to
reject any offer if the evidence submitted by, or investigation of, such Offeror
1.7
Worker who monitors quality as well as provide technical
support to all other HVAC technician skill levels and is
Project Manager
responsible for maintaining project status and reports.
Worker who provides administrative support to all technician
skill levels and is responsible for all administrative functions of
the project such as billings, contracts, work orders, legal
requirements, purchase orders, sales tax certificates as well as
Project Administrator
proper record keeping.
Worker who installs roofing materials, Bitumen (asphalt and
coal tar) felts, flashings, all types roofing membranes &
Roofer
associated products.
Worker who installs sheet metal products. Roof metal, flashings
and curbs, ductwork, mechanical equipment and associated
Sheet Metal Worker
metals.
Worker who installs fire sprinkler systems and fire protection
Sprinkler Fitter
equipment.
Terrazzo Worker
Craftsman who places and finishes Terrazzo.
Worker who prepares wall and/or floor surfaces & applies
Tile Setter
ceramic tiles to these surfaces.
Worker who applies water proofing material to buildings.
Products include sealant, caulk, sheet membrane, liquid
Waterproofer/Caulker
membranes, sprayed, rolled or brushed.
Certified technician per AABC or NEBB standards trained to
perform water and air balance. Also provides sound and
Test and Balance Technician
vibration testing and preparing of certified reports.
Worker who utilizes infared photography to determine location
Infrared Technician
of thermal heat losses.
Certified technician who is trained to evaluate analytical test
results on boiler system water, condenser water, and chill water
samples and to make appropriate recommendations regarding
Water Treatment Technician
residual levels, cycles, and feed rates.
Specific Information Requested From All Proposal Submitters
Harford County Public Schools may make such investigations deemed necessary
to determine the ability of the Offeror to furnish the necessary requirements
described herein. The Offeror shall furnish, to Harford County Public Schools, all
data and information requested in order to determine the Offerors ability to
perform under this RFP. Harford County Public Schools reserves the right to
reject any offer if the evidence submitted by, or investigation of, such Offeror
1.7
fails to satisfy Harford County Public Schools that such Offeror is qualified to
carry out the obligations of the contract.
The following is a checklist of required information:
#
Item Complete
1
3 Original Technical Proposals, 8 flash drives (g 6 )
2
2 Original Price Proposals, 2 flash drives (pg 6)
3
HCPS Contract Agreement (pg 23)
4
Supplier Qualification Worksheet (g 38)
5
Supplier Information (pg 41-48 )
6
Submission Signature Sheet (pg 49)
7
HCPS Anti -Bribery — Debarment Attestation (pg 50)
8
U.S. Communities Administration Agreement - Signed Unaltered (pg 53-65)
9
MBE Attachment A ( 97-98)
10
MBE Attachment B (Pg 99)
11
Cost Proposal Forms (pg 13 1)
12
Cost Proposal Form for North Harford Middle School (pg 138)
13
Signature Page (pg 144)
Section 3- Evaluation and Selection Process
The evaluation criteria are set forth below and are intended to be the basis by which each
proposal shall be evaluated. This is a two-step evaluation process. Technical Proposals
and Price Proposals shall be submitted separately and labeled accordingly. Each proposal
will be assigned an adjectival rating score as described below.
The Supervisor of Purchasing of Harford County Public Schools along with U.S.
Communities has selected a committee of qualified personnel to review and evaluate
proposals submitted (evaluation committee). The Supervisor of Purchasing will
recommend the award of the contract as determined by the evaluation committee after
taking into consideration all of the evaluation criteria. The Supervisor of Purchasing will
award a contract only to the Offeror/s detennined responsive and responsible, and
representing the best value to Harford County Public Schools and Participating Agencies
based on a final evaluation of both the technical and price proposals.
HCPS reserves the right to reject any and all proposals and/or to waive any minor
informalities.
Harford County Public Schools reserves the right to terminate negotiation when, in its
judgment, negotiations have reached an impasse. The successful Offeror will be required
to execute a contract with Harford County Public Schools and the contract will include all
of the provisions of this RFP, including conditions, attachments and addenda issued.
Unsuccessful Offerors may request a debriefing meeting concerning the selection
process. The debriefing will occur after contract award.
Evaluation Criteria Definitions:
A. Discussion: Oral or written communications including negotiations between the
Harford County Public Schools and an Offeror that involves information essential
for determining the acceptability of the proposal or to cure identified defects in
the proposal.
B. Clarification: Communication with an Offeror for the sole purpose of eliminating
minor irregularities, informalities, or apparent clerical mistakes in the proposal.
Unlike discussion, clarification does not give the Offeror an opportunity to revise
or modify its proposal, except to the extent that correction of apparent clerical
mistakes results in revision.
C. Deficiencies: Any defects in the proposal which preclude acceptance. Involves
any part of the Offeror's proposal which would not satisfy the minimum
requirements established in this solicitation. It may also include failure to provide
information and questionable technical or management approaches.
19
D. Weakness: Aspect of or omission from an Offeror's proposal that includes
ambiguities and conflicts within the proposal, lack of complete descriptions,
errors in interpretation, omissions of essential information, inadequate
information that prevent the evaluators from knowing the intent of the proposal.
E. Strengths: Elements of the proposal that meet or exceed the outcomes identified
and may provide additional benefits beyond what is specified.
Adjectival Ratings:
A. Outstanding (9-10): Exceeds evaluation standards in a beneficial way and meets
the outcomes identified and contains strengths and no weaknesses or deficiencies.
The proposal submitted is innovative, comprehensive and complete in all details
and meets or exceeds performance standards.
B. Excellent (7-8): Exceeds evaluation standards in a beneficial way and meets the
outcomes identified. Comprehensive and complete and has no significant
weaknesses. May be lacking some of the strengths but generally meets
performance standards.
C. Acceptable (4-5-6): Meets outcomes and performance standards and may
contain weaknesses which are not significant and may be correctable.
D. Marginal (1-2-3): Fails to meet evaluation standards. Lacks essential information
to support the proposal. Does not contain the outcomes and contains significant
weaknesses.
E. Unacceptable (0): Fails to meet minimum evaluation standards and the
deficiencies and weaknesses are uncorrectable. Demonstrated a lack of
understanding of requirements or omissions of major areas.
20
Section 4 — Proposal Format
Technical Proposal Format
Your Technical Proposal should be organized with tabs delineating the separation of
sections. Your Technical Proposal should include all of the required items listed in the
checklist on page 15.
Cost Proposal Criteria
The Offeror must submit the cost proposal, in the form of the Bid Form, in a separate
sealed envelope, clearly marked, fully supported by cost and pricing data adequate to
establish the reasonableness of the proposed fees.
All pricing submitted in the Bid Form must be inclusive of all fees and
service/shipping charges.
When award is made, the successful Supplier shall furnish current catalogs and/or price
lists which shall become a part of the contract. The Supplier's name and address shall
appear on all catalogs and price lists. Where the price list shows more than one column
of prices, Supplier shall clearly mark the column which represents the discounted pricing
to Participating Public Agencies.
For evaluation purposes, Offeror must submit specific pricing for the Sample Price
Scenarios outlined in Attachment 8. Pricing must be reflective of, and based on the
pricing structure submitted on the Bid Form.
All prices are FOB destination.
Alternative Costing Method: If a project requires products and services that are not
covered on the Bid Form or if a product or service is required that is more appropriate to
be custom designed and manufactured to meet an individual project site's conditions
and/or provided for a unique application or project, the Contractor may use the alternative
costing method as follows:
The Contractor will be required to:
Obtain three (3) written cost proposals from local providers:
• Use the most advantageous cost proposal;
Apply the U.S. Communities discount as submitted on the Bid Form; and
All products and services falling under this category must be submitted in
advance and approved by the Participating Public Agency prior to being
included in any quote or proposal from the Supplier
21
Offeror shall be responsible for compliance with any federal, state or local prevailing
wage laws.
Price/Discounts must remain firm and will include all charges that may be incurred in
fulfilling requirements.
Invoices will be audited on a random basis along with the necessary supporting
documentation. Billing errors will be promptly adjusted.
22
Section 5 — Harford County Schools Purchase Agreement
MASTER PURCHASE AGREEMENT:
By and Between:
HARFORD COUNTY PUBLIC SCHOOLS, MARYLAND
102 S. Hickory Ave.
Bel Air, MD 21014
and
THIS MASTER PURCHASE AGREEMENT made and entered into this, day of
, 2015, by and between Harford County Public Schools, Maryland (hereinafter
referred to as "School District", "HCPS" or "District"), and
, a corporation authorized to conduct
business in the State of Maryland (hereinafter referred to as "Supplier")
This agreement is made on behalf of Harford County Public Schools, Maryland and other
participating governmental agencies, through the U.S. Communities Government
Purchasing Alliance.
WITNESSETH:
WHEREAS, pursuant to the District, Supplier has submitted a proposal to provide a
master agreement for a National Award covering the following: HVAC products,
installation, services and related products and services in accordance with the scope,
terms and conditions of Request for Proposal, RFP 15-JLP-023, addenda, amendments,
appendices, and related correspondence. The Request for Proposal is incorporated in its
entirety and included as part of this agreement.
WHEREAS, HCPS desires to engage Supplier to perform said services; and
WHEREAS, HCPS and Supplier desire to state terms and conditions under which
Supplier will provide said services to Harford County Public Schools (Lead Agency) and
participating public agencies who have registered with U.S. Communities.
NOW, THEREFORE, in consideration of the mutual covenants, condition and promises
contained herein, the parties have to agree to as follows:
A. Services. Supplier will provide HVAC products, installation, services and related
products and services as detailed in the referenced RFP to HCPS, which is
attached hereto and incorporated herein as a part of this Master Purchase
Agreement.
23
B. Purchase Order. Purchase order shall mean any authorized written, electronic,
telephone or fax order sent or made by HCPS pursuant hereto, including but not
limited to, written purchase orders, faxed purchase orders, and orders in such
other form and/ or mode of transmission as HCPS and Supplier may from time to
time agree including purchases made via procurement credit card.
C. Term. The initial term of this Master Purchase agreement shall be three (3) years
from October 1, 2015 (or the date of HCPS Board approval) through September
30, 2018. This Master Purchasing Agreement may then be renewed by mutual
written agreement of the parties for two (2) additional, two (2) year periods.
D. Compensation. HCPS agrees to pay, and Supplier agrees to accept as
compensation for the products provided pursuant to this Master Purchasing
Agreement, the following:
a. The price proposal set forth in the final RFP response and all related
Amendments
E. Invoicing. Supplier agrees to invoice HCPS as deliveries are completed or charge
purchases to an authorized HCPS Visa credit card. Invoices shall be delivered to
HCPS accounts payable. Each invoice shall include- as applicable- the following
data: Item Number, Purchase Order Number, Item Description, Quantity
Purchased, Unit Price, Extended price and Delivery location. All purchase orders
will be invoiced separately. Each invoice submitted by Supplier shall be paid by
HCPS within thirty (30) days after approval. The Supplier has agreed to accept
payment via a procurement credit card (i.e. Visa, MasterCard, etc.) which is the
preferred method of payment.
F. Insurance. Supplier shall maintain at its own cost and expense (and shall cause
any Subcontractor to maintain) insurance policies in form and substance
acceptable to HCPS as detailed in the Request for Proposal.
G. Termination of Contract. This contract may be terminated for cause as per the
General Requirements of the RFP, Section 1, L, page 7.
H. Notification. Notices under this Master Purchase Agreement shall be addressed
as follows:
Jeff LaPorta, Supervisor of Purchasing
Harford County Public Schools
102 S. Hickory Avenue
Bel Air, MD 21014
FE
The effective date of any notice under this Master Purchasing Agreement shall be
the date of the recipient by the addressee. The failure of either party to give notice
of default, or to strictly enforce or insist upon compliance with any of the terms or
conditions of this Master Purchase Agreement, or the granting of an extension of
time for performance shall not constitute the permanent waiver of any term or
condition of this Master Purchasing Agreement. This Master Purchasing
Agreement and each of its provisions shall remain at all times in full force effect
until modified by the parties in writing.
I. Governing Law. This contract shall be interpreted under and governed by the
laws of the State of Maryland. Disputes will be settled as per the stipulations
contained within the Request for Proposal.
J. Incorporation of Appendices. All provisions of Appendices and Amendments
are hereby incorporated herein and made a part of this Master Purchase
Agreement. In the event of any apparent conflict between any provisions set forth
in the main body of the Master Purchasing Agreement and in any provision set
forth in the Appendices and Amendments the provisions shall be interpreted, to
the extent possible, as if they do not conflict. In the event that such an
interpretation is not possible, the provisions set forth in the main body of this
Master Purchase Agreement shall control.
K. Entire Master Purchase Agreement. This Master Purchase Agreement
including the entire RFP solicitation and the Appendices attached hereto contain
all the terms and conditions agreed upon by both parties. No other understandings,
oral or otherwise, regarding the subject matter of this Master Purchasing
Agreement shall be deemed to exist or to bind any of the parties hereto. Not
contained herein shall not be binding on either party, nor of any force or effect.
Any Best and Final Offer and applicable Amendments are also included and
become part of the Master Agreement.
L. Participating Public Agencies. Supplier agrees to extend the same terms,
covenants and conditions available to HCPS under this Master Purchasing
Agreement to other government agencies ("Participating Public Agencies") that,
in their discretion, desire to access this Master Purchasing Agreement in
accordance with all terms and conditions contained herein or attached hereto.
Each participating Public Agency will be exclusively responsible and deal directly
with Supplier on matters relating to ordering, delivery, inspection, acceptance,
invoicing and payment for products and services in accordance with the terms and
conditions of this Master Purchasing Agreement. Any disputes between a
Participating Public Agency and Supplier will be resolved directly between them
in accordance with and governed by the laws of the State in which the
Participating Public agency exists.
W
IN WITNESS WHEREOF, THE PARTIES HAVE EXCUTED THIS
AGREEMENT IN THE YEAR AND DAY AS NOTED:
HARFORD COUNTY PUBLIC SCHOOLS, MARYLAND
by
by
by
by
Superintendent of Schools Date
Board of Education President Date
Supervisor of Purchasing Date
General Manager Date
I.
Section 6 — U.S. Communities Information
Master Agreement
Harford County Public Schools (herein "Lead Public Agency") on behalf of itself and all
states, local governments, school districts, and higher education institutions in the United
States of America, and other government agencies and nonprofit organizations (herein
"Participating Public Agencies") is soliciting proposals from qualified suppliers to enter
into a Master Agreement for a complete line of HVAC Equipment, Installation, Services
and Related Products and Services (herein "Products and Services").
ALL PRODUCTS OFFERED MUST BE NEW, UNUSED, LATEST DESIGN AND
TECHNOLOGY UNLESS OTHERWISE SPECIFIED.
Objectives
A. Provide and install a Chiller at the Harford County Public Schools, North
B. Provide a comprehensive competitively solicited Master Agreement offering Products
and Services to Participating Public Agencies;
C. Establish the Master Agreement as a Supplier's primary offering to Participating
Public Agencies;
D. Achieve cost savings for Suppliers and Participating Public Agencies through a single
competitive solicitation process that eliminates the need for multiple bids or
proposals;
E. Combine the volumes of Participating Public Agencies to achieve cost effective
pricing;
F. Reduce the administrative and overhead costs of Suppliers and Participating Public
Agencies through state of the art ordering and delivery systems;
G. Provide Participating Public Agencies with environmentally responsible products and
services.
U.S. Communities
U.S. Communities Government Purchasing Alliance (herein "U.S. Communities") assists
Participating Public Agencies to reduce the cost of purchased goods through strategic
sourcing that combines the volumes and the purchasing power of public agencies
nationwide. This is accomplished through an award of competitively solicited contracts
for high quality products and services by large and well recognized public agencies
(herein "Lead Public Agencies"). The contracts provide for use by not only the
respective Lead Public Agency, but also by other Participating Public Agencies.
27
National Sponsors
U.S. Communities is jointly sponsored by the National Association of Counties
(NACo), the National League of Cities (NLC), the Association of School Business
Officials International (ASBO), and the United States Conference of Mayors (USCM)
(herein "National Sponsors").
Advisory Board
The U.S. Communities Advisory Board is made up of key government purchasing
officials from across the United States.
Each Advisory Board Member is expected to actively participate in product bids and
selection, participate in policy direction, and share expertise and purchasing
innovations.
Current U.S. Communities Advisory Board Members
Auburn University, AL
City and County of Denver, CO
City of Chicago, IL
City of Houston, TX
City of Kansas City, MO
City of Los Angeles, CA
City of San Antonio, TX
City of Seattle, WA
Cobb County, GA
Denver Public Schools, CO
Emory University, GA
Fairfax County, VA
Fresno Unified School District, CA
Great Valley School District, PA
Harford County Public Schools, MD
Participating Public Agencies
Hennepin County, MN
Los Angeles County, CA
Maricopa County, AZ
Miami -Dade County, FL
Nassau BOCES, NY
North Carolina State University, NC
Ocean City, NJ
Onondaga County, NY
Port of Portland, OR
Prince William County Schools, VA
Salem-Keizer School District, OR
San Diego Unified School District, CA
State of Iowa
The School District of Collier County, FL
Today more than 55,000 public agencies utilize U.S. Communities contracts and
suppliers to procure over $1.8 Billion Dollars in products and services annually. Each
month more than 500 new public agencies register to participate. The continuing
rapid growth of public agency participation is fueled by the program's proven track
record of providing public agencies unparalleled value.
►P'3
The Supplier(s) must communicate directly with any Participating Public Agency
concerning the placement of orders, issuance of the purchase order, contractual
disputes, invoicing, and payment.
Harford County Public Schools is acting as "Contracting Agent" for the Participating
Public Agencies and shall not be held liable for any costs, damages, expenses, fees,
liabilities, etc. incurred by any other Participating Public Agency.
Each Participating Public Agency enters into a Master Intergovernmental Cooperative
Purchasing Agreement (MICPA) outlining the terms and conditions that allow access
to the Lead Public Agencies' Master Agreements. Under the terms of the MICPA, the
procurement by the Participating Public Agency shall be construed to be in accordance
with, and governed by, the laws of the state in which the Participating Public Agency
resides. A copy of the MICPA is attached as Attachment 3.
Estimated Volume
The estimated dollar volume of Products and Services purchased under the proposed
Master Agreement is $150 Million Dollars annually. This estimate is based on the
anticipated volume of the Lead Public Agency, the U.S. Communities Advisory Board
members, and current sales within the U.S. Communities program. While there is no
minimum quantity of products required to be purchased under the proposed Master
Agreement, Harford County Public Schools and the U.S. Communities Advisory
Board Members are committed to utilizing the Master Agreement. The Advisory
Board members shall determine if the Master Agreement is of value to their agency,
and will promote the Master Agreement among other public agencies nationwide and
internationally. The Advisory Board in 2014 purchased more than $168 Million
Dollars of products and services from existing U.S. Communities contracts.
Marketing Support
U. S. Communities provides marketing support for each Supplier's products through
the following:
• National Sponsors as referenced above.
• State Associations of Counties, Schools and Municipal Leagues.
• Administrative and marketing personnel that directly promote the U.S.
Communities Suppliers to Participating Public Agencies through public agency
meetings, direct mail, email, online and print advertising, social media, articles,
and exhibiting and presenting at national and local trade shows.
• U.S. Communities provides Suppliers government sales training, and a host of
online marketing and sales management tools to effectively increase sales through
U.S. Communities.
29
Marketplace
U.S. Communities has developed an online Marketplace, which gives Participating
Public
Agencies the ability to purchase from many U.S. Communities contracts directly from
our website. The Marketplace makes it easier for Participating Public Agencies to
access many contracts through a single login and place orders using a procurement
card, credit card or purchase order. Suppliers have the ability to add their products to
the Marketplace at no cost.
Multiple Awards
Multiple awards may be issued as a result of the solicitation. Multiple Awards will
ensure that any ensuing Master Agreements fulfill current and future requirements of
the diverse and large number of Participating Public Agencies as well as Harford
County Public Schools.
Harford County Public Schools reserves the right to award to one supplier for the
specific North Harford Middle School chiller replacement, and another (or the same)
supplier as the U.S. Communities national on-call supplier.
Evaluation of Proposals
Proposals will be evaluated by the Lead Public Agency in accordance with, and
subject to, the relevant statutes, ordinances, rules and regulations that govern its
procurement practices.
U.S. Communities Advisory Board members and other Participating Public Agencies
will assist the Lead Public Agency in evaluating proposals. The Supplier(s) that
respond(s) affirmatively meets the requirements of this Request for Proposal and
provides the best overall value will be eligible for a contract award. U.S.
Communities reserves the right to make available or not make available Master
Agreements awarded by a Lead Public Agency to Participating Public Agencies.
30
SUPPLIER QUALIFICATIONS
SUPPLIERS
Commitments
U.S. Communities views the relationship with an awarded Supplier as an opportunity
to provide maximum benefit to both the Participating Public Agencies and to the
Supplier.
The successful foundation of the partnership requires commitments from both U.S.
Communities and the Supplier. U.S. Communities requires the Supplier to make the
four commitments set forth below (Corporate, Pricing, Economy, Sales) to ensure that
Supplier is providing the highest level of public benefit to Participating Public
Agencies:
(a) Corporate Commitment.
(i) The pricing, terms and conditions of the Master Agreement
shall, at all times, be Supplier's primary contractual offering of Products and Services to
Public Agencies. All of Supplier's direct and indirect marketing and sales efforts to
Public Agencies shall demonstrate that the Master Agreement is Supplier's primary
offering and not just one of Supplier's contract options.
(ii) Supplier's sales force (including inside, direct and/or
authorized dealers, distributors and representatives) shall always present the Master
Agreement when marketing Products or Services to Public Agencies.
(iii) Supplier shall advise all Public Agencies that are existing
customers of Supplier as to the pricing and other value offered through the Master
Agreement.
(iv) Upon authorization by a Public Agency, Supplier shall
transition such Public Agency to the pricing, terms and conditions of the Master
Agreement.
(v) Supplier shall ensure that the U.S. Communities program
and the Master Agreement are actively supported by Supplier's senior executive
management.
(vi) Supplier shall provide a national/senior management level
representative with the authority and responsibility to ensure that the Supplier's
Commitments are maintained at all times. Supplier shall also designate a lead referral
contact person who shall be responsible for receiving communications from U.S.
Communities concerning new Participating Public Agency registrations and for ensuring
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timely follow-up by Supplier's staff to requests for contact from Participating Public
Agencies. Supplier shall also provide the personnel necessary to implement and support
a supplier -based internet web page dedicated to Supplier's U.S. Communities program
and linked to U.S. Communities' website and shall implement and support such web
page.
(vii) Supplier shall demonstrate in its procurement solicitation
response and throughout the term of the Master Agreement that national/senior
management fully supports the U.S. Communities program and its commitments and
requirements. National/Senior management is defined as the executive(s) with
companywide authority.
(viii) Where Supplier has an existing contract for Products and
Services with a state, Supplier shall notify the state of the Master Agreement and
transition the state to the pricing, terms and conditions of the Master Agreement upon the
state's request. Regardless of whether the state decides to transition to the Master
Agreement, Supplier shall primarily offer the Master Agreement to all Public Agencies
located within the state.
(b) Pricing Commitment.
(i) Supplier represents to U.S. Communities that the pricing
offered under the Master Agreement is the lowest overall available pricing (net to
purchaser) on Products and Services that it offers to Public Agencies. Supplier's pricing
shall be evaluated on either an overall project basis or the Public Agency's actual usage
for more frequently purchased Products and Services.
(ii) Contracts Offering Lower Prices. If a pre-existing contract
and/or a Public Agency's unique buying pattern provide one or more Public Agencies a
lower price than that offered under the Master Agreement, Supplier shall match that
lower pricing under the Master Agreement and inform the eligible Public Agencies that
the lower pricing is available under the Master Agreement. If an eligible Public Agency
requests to be transitioned to the Master Agreement, Supplier shall do so and report the
Public Agency's purchases made under the Master Agreement going forward. The price
match only applies to the eligible Public Agencies. Below are three examples of
Supplier's obligation to match the pricing under Supplier's contracts offering lower
prices.
(A) Supplier holds a state contract with lower pricing
that is available to all Public Agencies within the state. Supplier would be
required to match the lower state pricing under the Master Agreement and make it
available to all Public Agencies within the state.
(B) Supplier holds a regional cooperative contract with
lower pricing that is available only to the ten cooperative members. Supplier
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would be required to match the lower cooperative pricing under the Master
Agreement and make it available to the ten cooperative members.
(C) Supplier holds a contract with an individual Public
Agency. The Public Agency contract does not contain any cooperative language
and therefore other Public Agencies are not eligible to utilize the contract.
Supplier would be required to match the lower pricing under the Master
Agreement and make it available only to the individual Public Agency.
(iii) Deviating Buying Patterns. Occasionally U.S.
Communities and Supplier may interact with a Public Agency that has a buying pattern or
terms and conditions that considerably deviate from the normal Public Agency buying
pattern and teens and conditions, and causes Supplier's pricing under the Master
Agreement to be higher than an alternative contract held by Supplier. This could be
created by a unique end-user preference or requirements. In the event that this situation
occurs, Supplier may address the issue by lowering the price under the Master Agreement
on the item(s) causing the large deviation for that Public Agency. Supplier would not be
required to lower the price for other Public Agencies.
(iv) Supplier's Options in Responding to a Third Party
Procurement Solicitation. While it is the objective of U.S. Communities to encourage
Public Agencies to piggyback on to the Master Agreement rather than issue their own
procurement solicitations, U.S. Communities recognizes that for various reasons some
Public Agencies will issue their own solicitations. The following options are available to
Supplier when responding to a Public Agency solicitation:
(A) Supplier may opt not to respond to the procurement
solicitation. Supplier may make the Master Agreement available to the Public
Agency as a comparison to its solicitation responses.
(B) Supplier may respond with the pricing, terms and
conditions of the Master Agreement. If Supplier is awarded the contract, the sales
would be reported as sales under the Master Agreement.
(C) If competitive conditions require pricing lower than
the standard Master Agreement pricing, Supplier may submit lower pricing
through the Master Agreement. If Supplier is awarded the contract, the sales
would be reported as sales under the Master Agreement. Supplier would not be
required to extend the lower price to other Public Agencies.
(D) Supplier may respond to the procurement
solicitation with pricing that is higher (net to buyer) than the pricing offered under
the Master Agreement. If awarded a contract, Supplier shall still be bound by all
obligations set forth in this Section 3.3, including, without limitation, the
requirement to continue to advise the awarding Public Agency of the pricing,
terms and conditions of the Master Agreement.
33
(E) Supplier may respond to the procurement
solicitation with pricing that is higher (net to buyer) than the pricing offered under
the Master Agreement and if an alternative response is permitted, Supplier may
offer the pricing under the Master Agreement as an alternative for consideration.
(c) Economy Commitment. Supplier shall demonstrate the benefits,
including the pricing advantage, of the Master Agreement over alternative options,
including competitive solicitation pricing and shall proactively offer the terms and
pricing under the Master Agreement to Public Agencies as a more effective alternative to
the cost and time associated with such alternate bids and solicitations.
(d) Sales Commitment. Supplier shall market the Master Agreement
through Supplier's sales force or dealer network that is properly trained, engaged and
committed to offering the Master Agreement as Supplier's primary offering to Public
Agencies. Supplier's sales force compensation and incentives shall be greater than or
equal to the compensation and incentives earned under other contracts to Public
Agencies.
(i) Supplier Sales. Supplier shall be responsible for proactive
direct sales of Supplier's Products and Services to Public Agencies and the timely follow-
up to sales leads identified by U.S. Communities. Use of product catalogs, targeted
advertising, direct mail and other sales initiatives are encouraged. All of Supplier's sales
materials targeted towards Public Agencies shall include the U.S. Communities logo.
U.S. Communities hereby grants to Supplier, during the term of this Agreement, a non-
exclusive, revocable, non -transferable, license to use the U.S. Communities name,
trademark, and logo solely to perform its obligations under this Agreement, and for no
other purpose. Any goodwill, rights, or benefits derived from Supplier's use of the U.S.
Communities name, trademark, or logo shall inure to the benefit of U.S. Communities.
U.S. Communities shall provide Supplier with its logo and the standards to be employed
in the use of the logo. During the term of the Agreement, the Supplier shall provide U.S.
Communities with its logo and the standards to be employed in the use of the logo for
purposes of reproducing and using Supplier's name and logo in connection with the
advertising, marketing and promotion of the Master Agreement to Public Agencies.
Supplier shall assist U.S. Communities by providing camera-ready logos and by
participating in related trade shows and conferences. At a minimum, Supplier's sales
initiatives shall communicate that (i) the Master Agreement was competitively solicited
by the Lead Public Agency, (ii) the Master Agreement provides the best government
pricing, (iii) there is no cost to Participating Public Agencies, and (iv) the Master
Agreement is a non-exclusive contract.
(ii) Brandin; and Logo Compliance. Supplier shall be
responsible for complying with the U.S. Communities branding and logo standards and
guidelines. Prior to use by Supplier, all U.S. Communities related marketing material
must be submitted to U.S. Communities for review and approval.
34
(iii) Sales Force Training. Supplier shall train its national sales
force on the Master Agreement and U.S. Communities program. U.S. Communities shall
be available to train regional or district managers and generally assist with the education
of sales personnel.
(iv) Participating Public Agency Access. Supplier shall
establish the following communication links to facilitate customer access and
communication:
(A) A dedicated U.S. Communities internet web -based
homepage containing:
(1) U.S. Communities standard logo with
Founding Co -Sponsors logos;
(2) Copy of original procurement solicitation;
(3) Copy of Master Agreement including any
amendments;
(4) Summary of Products and Services pricing;
(5) Electronic link to U.S. Communities' online
registration page; and
(6) Other promotional material as requested by
U.S. Communities.
(B) A dedicated toll-free national hotline for inquiries
regarding U.S. Communities.
(C) A dedicated email address for general inquiries in
the following format: uscommunities@(name of
supplier).com.
(v) Electronic Registration. Supplier shall be responsible for
ensuring that each Public Agency has completed U.S. Communities' online registration
process prior to processing the Public Agency's first sales order.
(vi) Supplier's Performance Review. Upon request by U.S.
Communities, Supplier shall participate in a performance review meeting with U.S.
Communities to evaluate Supplier's performance of the covenants set forth in this
Agreement.
(vii) Supplier Content. Supplier may, from time to time, provide
certain graphics, media, and other content to U.S. Communities (collectively "Supplier
Content") for use on U.S. Communities websites and for general marketing and publicity
purposes. During the term of the Agreement, Supplier hereby grants to U.S.
Communities and its affiliates a non-exclusive, worldwide, free, transferrable, license to
reproduce, modify, distribute, publically perform, publically display, and use Supplier
Content in connection with U.S. Communities websites and for general marketing and
35
publicity purposes, with the right to sublicense each and every such right. Supplier
warrants that: (a) Supplier is the owner of or otherwise has the unrestricted right to grant
the rights in and to Supplier Content as contemplated hereunder; and (b) the use of
Supplier Content and any other materials or services provided to U.S. Communities as
contemplated hereunder will not violate, infringe, or misappropriate the intellectual
property rights or other rights of any third party.
36
U.S. Communities Administration Agreement Information
The Agreement outlines the Supplier's general duties and responsibilities in
implementing the U.S. Communities contract.
The Supplier is required to execute the U.S. Communities Administration
Agreement unaltered (attached hereto as Attachment 4) and submit with the
supplier's proposal without exception or alteration. Failure to do so will result in
disqualification.
37
SUPPLIER WORKSHEET FOR NATIONAL PROGRAM CONSIDERATION
Suppliers are required to meet specific qualifications. Please respond in the spaces provided
after each qualification staternent below:
A. State if pricing for all Products/Services offered will be the most competitive pricing
offered by your organization to Participating Public Agencies nationally.
YES NO
B. Does your company have the ability to provide service to any Participating Public
Agencies in the contiguous 48 states, and the ability to deliver service in Alaska and
Hawaii?
YES NO
C. Does your company have a national sales force, dealer network or distributor with the
ability to call on Participating Public Agencies in at least 35 U.S. states?
YES NO
D. Did your company have sales greater than $100 million last year in the United States?
YES NO
E. Does your company have existing capacity to provide electronic and ecommerce ordering
and billing?
YES NO
F. Will your company assign a dedicated Senior Management level Account Manager to
support the resulting U.S. Communities program contract?
YES NO
G. Does your company agree to respond to all agency referrals from U.S. Communities
within 2 business days?
YES NO
H. Does your company maintain records of your overall Participating Public Agencies' sales
that you can and will share with U.S. Communities to monitor program implementation
progress?
YES NO
I. Will your company commit to the following program implementation schedule?
YES NO
J. Will the U.S. Communities program contract be your lead public offering to Participating
Public Agencies?
YES NO
Submitted by:
(Printed Name) (Signature)
(Title)
(Date)
38
New Supplier Implementation
Target
Completion
After
1. First Conference Call
Award
One Week
Initial Kick Off Call to discuss expectations
Establish initial contact people & roles/responsibilities
Supplier Log -In Credentials established
2. Executed Legal Documents
One Week
U.S. Communities Admin Agreement
Lead Public Agency Agreement signed
3. Program Contact Requirements
One Week
Supplier contacts communicated to U.S. Communities Staff
Dedicated email
Dedicated toll free number
Dedicated fax number
4. Second Conference Call
Two Weeks
Set Contract Launch Date & Outline Kick Off Plan
Establish WebEx Training Dates
Review Contract Commitments
Complete Supplier Set Up Form
Complete User Account and User ID Form
Identify Dates for Senior Management Meeting
5. Marketing Kick Off Call
Two Weeks
Overview of Marketing Requirements
Establish Timeline for Marketing Deliverables
Set Weekly Marketing Call
Three
6. Initial NAM & Staff Training Meetings
Weeks
Discuss expectations, roles & responsibilities
Introduce and review web -based tools
Review process & expectations of Lead Referral contact with NAM & identified
LRC
Four
7. Senior Management Meeting
Weeks
Implementation Process Progress Report
U.S. Communities & Vendor Organizational Overview
Supplier Manager to review & further discuss commitments
8. Review Top Joint Target Opportunities
Five Weeks
Top 10 Local Contracts
39
Review top U.S. Communities PPA's
9. Web Development
Initiate IT contact Two Weeks
Initiate E -Commerce Conversation Two Weeks
Product Upload to U.S. Communities site Five Weeks
10. Sales Training & Roll Out
Program Manager briefing - Coordinate with NAM Five Weeks
Initial remote WebEx training for all sales - Coordinate with NAM Four weeks
Initiate contact with Advisory Board (AB) members Six Weeks
Determine PM & Local Metro teams strategy sessions Six Weeks
40
SUPPLIER INFORMATION
Please respond to the following requests for information about your company:
Background
1. Provide a transmittal letter including the name of Offeror's company, address,
telephone number, website address, primary contact person with email address.
2. Provide a detailed narrative that describes the strengths of the company and its
understanding of the scope of work statement. Include a brief history and
description of your company and a description of relevant past performance and
experience with regards to contracts of similar scale, scope and complexity.
National Commitments
Offer shall provide a written narrative of its understanding and acceptance of the
requirements in Supplier Qualifications on pages 28-33.
Company
Provide the total number and location of sales persons employed by your
company in the United States.
Exam le:
NUMBER OF SALES
REPRESENTATIVES
CITY
STATE
13
Phoenix
AZ
6
Tucson
AZ
10
Los Angeles
CA
12
San Francisco
CA
6
San Diego
CA
S
Sacramento
CA
3
Fresno
CA
Etc.
Etc.
Total: 366
2. Describe how the above sales persons would be utilized in selling this contract,
including the time commitment each sales person will devote to selling this
contract.
3. Provide the total number and location of service/installation technicians and
engineering positions employed by your company in the United States.
41
4. Provide the company annual sales for 2012, 2013 and 2014 in the United States;
Sales reporting should be segmented into the following categories:
SUPPLIER ANNUAL SALES IN THE UNITED STATE FOR 2012, 2013, AND 2014
Segment 2012 Sales 2013 Sales 2014 Sales
Cities
Counties
K-12 (Pubic/Private)
Higher Education (Public/Private)
States
Other Public Sector and Nonprofits
Federal
Private Sector
Total Supplier Sales
5. Provide annual sales for 2012, 2013 and 2014 in the United States for the
proposed Products and/or Services; Sales reporting should be segmented into the
following categories:
SUPPLIER ANNUAL SALES IN THE UNITED STATE FOR 2012, 2013, AND 2014
Segment 2012 Sales 2013 Sales 2014 Sales
Cities
Counties
K-12 (Pubic/Private)
Higher Education (Public/Private)
States
Other Public Sector and Nonprofits
Federal
Private Sector
Total Supplier Sales
6. Provide a description of your company's relevant market and your position within
it.
Submit your current Federal Identification Number and latest Dun & Bradstreet
report.
8. Provide a list with contact information of your company's ten largest public
agency customers.
42
Distribution
1. Describe how your company proposes to distribute the Products and Services
nationwide.
2. Identify all other companies that will be involved in processing, handling or
shipping the Product to the end user.
3. State the effectiveness of the proposed distribution in providing the lowest cost to
the end user.
4. Provide the number, size and location of your company's distribution facilities,
warehouses and retail network as applicable.
5. Provide the number and location of support centers (if applicable).
6. Describe your company's customer service department staffing levels, hours of
operation and other relevant details.
7. If applicable, describe your company's ability to do business with
manufacturer/dealer/distribution organizations that are either small or MWBE
businesses as defined by the Small Business Administration.
a. If applicable, describe other ways your company can be sensitive to a
Participating Public Agency's desire to utilize local and/or MWBE
companies, such as number of local employees and offices in a particular
geographic area, companies your firm is using that may be local (i.e. local
delivery truck company), your company's diversity of owner employees, etc.
b. If applicable, provide details on any products or services being offered by
your company where the manufacturer or service provider is either a small or
MWBE business as defined by the Small Business Administration. Provide
product/service name, company name and small/MWBE designation.
Marketing
1. Outline your company's plan for marketing the Products and Services to state and
local government agencies nationwide.
2. Explain how your company will educate its national sales force about the Master
Agreement.
3. Explain how your company will market and transition the Master Agreement into
the primary offering to Participating Public Agencies.
43
4. Explain how your company plans to market the Master Agreement to existing
government customers and transition these customers to the Master Agreement.
Please provide the amount of purchases of existing public agency clients that your
company will transition to the U.S. Communities contract for the initial three
years of the contract in the following format within your proposal.
a. $ .00 will be transitioned in year one.
b. $ .00 will be transitioned in year two.
c. $ .00 will be transitioned in year three.
National Staffing Plan
1. A staffing plan is required which describes the Offeror's proposed staff distribution
to implement and manage this contract throughout the term of the contract. At a
minimum, this plan should include the following:
a. Identify the key personnel who will lead and support the implementation
period of the contract outlined in Section 6, New Supplier Implementation
Checklist, along with the amount of time to be devoted to implementation;
b. Identify the key personnel who are to be engaged in this contract throughout
the term of the contract and their relationship to the contracting organization;
c. Provide a chart that shows 1) the time commitment of each professional staff
member that will be devoted to the contract, 2) each member's role in
maintaining and growing the contract; and 3) a timeline of each member's
involvement throughout the contract.
2. Submit the resumes of the below personnel:
a. The person your company proposes to serve as the National Accounts Manager,
b. Each person that will be dedicated full time to U.S. Communities account
management, and
c. Key executive personnel that will be supporting the program.
Products, Services and Solutions
The primary objective is for each Supplier to provide its complete product and service
offerings so that Participating Public Agencies may order a range of products and
services as appropriate for their needs.
1. Describe in detail the depth of product your company provides.
44
a. Provide a description of the Products, including all related components
and parts to be provided by the major product category set forth in the
General Definition of Products and/or Services in Section 2 of the RFP.
b. Provide catalog or brochure type information as applicable.
c. Provide a matrix breaking out product information on all products,
options, accessories such as product type, capacity range, standard
warranty information, extended warranty information, estimated lead
time/delivery time, etc.
d. Provide all necessary technical information relating to operation of
equipment and systems, along with list of spare parts recommended by
manufacturers with part numbers needed to maintain and efficiently run
the systems and equipment.
2. Describe in detail the depth of services your company provides.
a. Provide a detailed description of the Services, including training, start-up
and commissioning services, installation, maintenance, turn -key services,
repair services, rentals, leases, equipment upgrades and any other services
provided by your company as set forth in the General Definition of
Products and/or Services in Section 2 of the RFP.
b. Identify the manufacturer products/brands your company can service and
support.
c. Stipulate the minimum work crew that will be made available at all times
ensuring timely and effective project completion. A project foreman,
fluent in English, must be onsite during all construction activities and have
authority to act on behalf of the Contractor. East site work crew must
have at least one journeyman assigned.
d. Describe how your company selects sub -contractors for service and/or
installation and how you ensure customer satisfaction related to the sub-
contractors.
e. Describe your company's process for submitting a test and balance report
for each piece of equipment installed, including items that will be covered
in the test and balance report.
f. Describe your company's process for delivering a comprehensive
commission plan at least two weeks prior to start-up, including details of
what will be covered in the plan.
45
g. Describe your company's scope of work for preventative maintenance
work.
h. Describe and define all scenarios in which additional charges would apply
outside of routine preventive maintenance.
i. Describe your methodologies for assisting Participating Public Agencies
with recommendations on repairs and upgrades from defining the
repair/upgrade through the completion of work.
j. Describe your company's process for notifying a Participating Public
Agency when personnel are going to be in a facility, your arrival and
departure time and the work performed. How do you handle requirements
for sign -off of work prior to leaving facility?
3. Describe your company's ability to provide temporary cooling/chiller units.
4. Describe any related products or services your company offers as outlined in
Section 2 Scope of Work, General Definition of Products and Services.
5. Describe your company's record keeping system for work performed.
6. Describe your ability to provide online access to records.
7. State any options for expediting delivery of product.
8. State backorder policy. Do you fill or kill order and require Participating Public
Agency to reorder if item is backordered?
9. State restocking fees and procedures for returning products, if applicable.
10. Describe any special programs that your company offers that will improve
customers' ability to access Products and Services, on-time delivery or other
innovative strategies.
11. Describe the capacity of your company to broaden the scope of the contract and
keep the product and service offerings current and ensure that latest products,
standards and technology for HVAC Products, Installation, Services and Related
Products and Services.
uality
1. Describe your company's safety policy and/or program, including how the policy
is communicated to employees, whether the employees are evaluated on safety,
and if any employees are dedicated to safety.
46
2. Describe your company's quality control processes.
3. Describe your problem escalation process.
4. How are customer complaints measured and categorized? What processes are in
place to know that a problem has been resolved?
5. Describe your company's post -installation support and warranty specifics.
Include both product and installation warranty information.
6. Describe the process for replacement or repair of defective products and warranty
related issues.
7. Describe how your company evaluates and determines unit repair versus unit
replacement.
Administration
1. Describe your company's capacity to employ telephone, ecommerce, etc., with a
specific proposal for processing orders under the Master Agreement.
2. State which forms of ordering allow the use of a procurement card and the
accepted banking (credit card) affiliation.
3. Describe the process for ordering when supply of a unit and installation is
involved, specifically addressing whether one purchase order is required for the
entire project, or if separate purchase orders are required for ordering the
product and securing installation services.
4. Describe your company's internal management system for processing orders
from point of customer contact through delivery and billing. Please state if you
use a single system or platform for all phases of ordering, processing, delivery
and billing.
5. Describe any existing multi -state cooperative purchasing programs, including the
entity's name(s), contact person(s), contact information and annual volume.
6. Describe the capacity of your company to report monthly sales under the Master
Agreement by Participating Public Agency within each U.S. state.
7. Describe the capacity of your company to provide management reports, i.e.
commodity histories, procurement card histories, green spend, etc. for each
Participating Public Agency.
47
Please provide any suggested improvements and alternatives for doing business
with your company that will make this arrangement more cost effective for your
company and Participating Public Agencies.
Environmental
1. Provide a brief description of any company environmental initiatives, including
your company's environmental strategy, your investment in being an
environmentally preferable product leader, and any resources dedicated to your
environmental strategy.
2. Describe your company's process for defining green products or sustainable
processes.
3. Describe your product's recyclability. Describe any buy back or take back
options offered. Describe your company's efforts to reduce or reuse packaging
and minimize environmental footprint in the shipping process.
Financial Statements
The Supplier shall include an audited income statement and balance sheet from the two
(2) most recent reporting periods in its proposal.
Additional Information
Please use this opportunity to describe any/all other features, advantages and benefits of
your organization that you feel will provide additional value and benefit to a Participating
Public Agency.
Attachment I - Signature Sheet, which must be completed and included in the
Technical Proposal submission.
SUBMISSION SIGNATURE SHEET
I/We agree to provide the services in accordance with the accompanying specifications and
all conditions, provisions, attachments and any addenda to this RFP.
Company
Address
Authorized Representative (please print)
Signature
Address, continued Title
Telephone Number
Federal Tax I.D. Number E -Mail Address of Firm's Representative
Acknowledgement of Addenda
I/We acknowledge receipt of the following Addenda:
No. , Dated
No. , Dated
No. , Dated
ATTACHMENT — 2 RFP NUMBER 15-JLP-023
HARFORD COUNTY PUBLIC SCHOOLS
Barbara Canavan, Superintendent 102 South Hickory Avenue, Bel Air, MD 21014
CERTIFICATION REGARDING U.S. GOVERNMENT
DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION
This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 34 CFR, part 85,
Section 85.510, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988, Federal Register
(pages 19160-19211).
(1) The prospective participant certifies, by submission of this proposal, that neither it nor its principals are presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by
any Federal department or agency.
(2) Where the prospective participant is unable to certify to any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
Name and Title of Authorized Agency/Organization Representative
Signature
Agency/Organization
Date
Above certification instituted by the U. S. Department of Education for all grantees and subgrantees as of fiscal year 1990.
ANTI -BRIBERY AFFIDAVIT
I HEREBY CERTIFY that:
I am the and the duly authorized representative of the firm of
whose address is , and that I possess
the legal authority to make this affidavit on behalf of myself and the firm for which I am acting.
2. Except as described in paragraph 3 below, neither I, nor to the best of my knowledge, the above firm, nor any of its
officers, directors or partners, or any of its employees directly involved in obtaining contracts with the state or any county,
bi-county, or multi -county agency, or subdivision of the State have been convicted of, or have pleaded nolo contendre to a
charge of, or have during the course of an official investigation or other proceeding admitted in writing or under oath acts
or omissions committed after July 1, 1977, which constitute bribery, attempted bribery, or conspiracy to bribe under the
provisions of Article 27 of the Annotated Code of Maryland or under the laws of any state or federal government.
3. (State 'none" or, as appropriate, list any conviction, plea, or admission described in paragraph 2 above, with the date;
court, official, or administrative body; and the sentence or
disposition, if any.
I acknowledge that this affidavit is to be furnished to the requesting agency, to the Secretary of Budget and Fiscal Planning of
Maryland, and where appropriate, to the Board of Public Works and the Attorney General under'16-202, S.F. of the Annotated Code
of Maryland. I acknowledge that, if the representations set forth in this affidavit are not true and correct, the State may terminate
any contract awarded and take any other appropriate action. I further acknowledge that I am executing this affidavit in compliance
with '16-203, S.F. of the Annotated Code of Maryland, which provides that certain persons who have been convicted of or have
admitted to bribery, attempted bribery, or conspiracy to bribe may be disqualified, either by operation of law or after a hearing, from
entering into contracts with the State or any of its agencies or subdivisions.
I do solemnly declare and affirm under the penalties of perjury that the contents of this affidavit are true and correct.
Signature
Date
410.638.4080
Witness
Purchasing Agent: Jeffrey LaPorta
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Attachment 3 — Master Intergovernmental Cooperative Purchasing Agreement
(MICPA)
This agreement is made between certain government agencies that execute a Lead Public
Agency Certificate (`Lead Public Agencies") to be appended and made a part hereof
and other government agencies ("Participating Public Agencies") that agree to the
terms and conditions hereof through the U.S. Communities registration and made a
part hereof.
RECITALS
WHEREAS, after a competitive solicitation and selection process by Lead Public
Agencies, a number of Suppliers have entered into Master Agreements to provide a
variety of goods, products and services based on national and international volumes
(herein "Products and Services");
WHEREAS, Master Agreements are made available by Lead Public Agencies through
U.S. Communities and provide that Participating Public Agencies may purchase
Products and Services on the same terms, conditions and pricing as the Lead Public
Agency, subject to any applicable local purchasing ordinances and the laws of the
State of purchase;
WHEREAS, the parties desire to comply with the requirements and formalities of the
Intergovernmental Cooperation Act as may be applicable to the laws of the State of
purchase;
WHEREAS, the parties hereto desire to conserve resources and reduce procurement cost;
WHEREAS, the parties hereto desire to improve the efficiency, effectiveness and
economy of the procurement of necessary Products and Services;
NOW, THEREFORE, in consideration of the mutual promises contained in this
agreement, and of the mutual benefits to result, the parties agree as follows:
1. That each party will facilitate the cooperative procurement of Products and Services.
2. That the procurement of Products and Services subject to this agreement shall be
conducted in accordance with and subject to the relevant statutes, ordinances, rules
and regulations that govern each party's procurement practices.
3. That the cooperative use of solicitations obtained by a party to this agreement shall be
in accordance with the terms and conditions of the solicitation, except as modification
of those terms and conditions is otherwise allowed or required by applicable law.
4. That the Lead Public Agencies will make available, upon reasonable request and
subject to convenience, information which may assist in improving the effectiveness,
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efficiency and economy of Participating Public Agencies procurement of Products and
Services
5. That a procuring party will make timely payments to the Supplier for Products and
Services received in accordance with the terms and conditions of the procurement.
Payment, inspections and acceptance of Products and Services ordered by the
procuring party shall be the exclusive obligation of such procuring party. Disputes
between procuring party and Supplier are to be resolved in accord with the law and
venue rules of the State of purchase.
6. The procuring party shall not use this agreement as a method for obtaining additional
concessions or reduced prices for similar products or services.
7. The procuring party shall be responsible for the ordering of Products and Services
under this agreement. A non -procuring party shall not be liable in any fashion for any
violation by a procuring party, and the procuring party shall hold non -procuring party
harmless from any liability that may arise from action or inaction of the procuring
party.
8. The exercise of any rights or remedies by the procuring party shall be the exclusive
obligation of such procuring party.
9. This agreement shall remain in effect until termination by a party giving 30 days
written notice to U.S. Communities at 2999 Oak Road, Suite 710, Walnut Creek, CA
94597.
I O.This agreement shall take effect after execution of the Lead Public Agency Certificate
or Participating Public Agency Registration, as applicable.
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