The URL can be used to link to this page

Home My WebLink AboutPurchase - Front End LoaderContract No. C40680 STAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: October 15, 2020 PREPARED BY: David Reyes, Jr., Street Maintenance Supervisor REQUEST: Authorize the Purchase of a Front End Loader from RDO Equipment Company of Riverside, California, in the amount of $197,642.48. Recommendation By Minute Motion, authorize the purchase of a front end loader from RDO Equipment Company of Riverside, California, in the amount of $197,642.48: Funds are available in Account No. 5304310-4403000, Equipment Replacement. Strategic Plan The purchase of vehicles for the City's fleet is an operational function and has no impact on the Strategic Plan Background Analvsis The John Deere Frontend Loader (Equipment No. 008) is more than 29-years old and falls under the California Air Resources Board Regulations and Compliance Schedule with a Tier O engine, which means that it is out of compliance. Staff has a limited time to update the equipment with a Tier 4 engine. Due to this during the FY 2019/20 budget preparation, staff submitted a white paper for replacement of the front end loader, which was subsequently approved for the budget of Fiscal Year 2020/21. Staff previously contacted Enterprise Fleet Management, the City's vehicle lease provider, regarding the lease of large, specialty vehicles. Enterprise responded that due to the complexity of these types of heavy equipment, none of its service writers were able to provide lease quotes for this type of equipment. Therefore, staff obtained a Sourcewell Program quote from RDO Equipment Company for a New 2020 John Deere 524L Front End Loader. Sourcewell is a government, education and non-profit cooperative purchasing platform that provides information related to competitive solicitations and awarded contracts that meet or exceed local requirements for a wide variety of commodities and services. The October 15, 2020 - Staff Report Purchase of a Front End Loader from RDO Equipment Page 2 of 2 provisions of the City of Palm Desert Municipal Code Section 3.30.160(E), allow the City to participate in purchasing cooperatives for efficiency and use pricing for this type of equipment. Therefore, in accordance with Palm Desert Municipal Code 3.30.260, the bidding process is not required. Fiscal Analvsis The quote includes a credit of $15,000 for trade in of the City's current front loader reducing cost from $212,642.48 to $197,642.48. The purchase was in included in the City's Capital Improvement Project (CIP) List, and is funded through the vehicle replacement fund so there is no direct impact on the General Fund. The new loader will require regular maintenance, however the cost to maintain it is expected to be less than the previous loader. (REF: CI FY 2020-21 Line 21 N) LEGAL REVIEW N/A DEPT. REVIEW ?,m G6a FINANCIAL REVIEW Robert W. Hargreaves Tom Garcia, P.E. City Attorney Director of Public'Works Janet M. Moore Director of Finance Interim City Manager, Randy Bynder: , VENDOR: RDO Equipment Company 20 Iowa Avenue Riverside, CA 92507 ATTACHMENTS: Quote — RDO Equipment Company Sourcewell (State of California) Agreement ASSISTANT CITY MANAGER AU4- Frresbna Andy Firestine Assistant City Manager JOHN DEERE Bill To: CITY OF PALM DESERT 73510 FRED WARING DR PALM DESERT, CA, 922602578 RIVERSIDE () (760) 346.0611 Ship To: CITY OF PALM DESERT 73510 FRED WARING DR PALM DESERT, CA, 922602578 (760)346-0611 Equipment information Quantity Serial Number Stock Number 1 TBD TBD 1 TBD TBD 1 TBD TBD 1 TBD TBD Trade Information Serial Number D W544ED522683 Purchase Order Totals Retail Purchase Order RD❑ Equipment Co. 20 Iowa Avenue Riverside CA, 92507 Phone: (951) 778-3700 - Fax: (951) 778-3746 Purchase Order Date. Purchase Order #. Purchaser Account#: Customer Purchase Order #: Customer Sales Tax Exempt #: Customer Purchaser Type: Customer Market Use: Location of First Working Use: Dealer Account Number: Sales Professional. Phone: Fax: Email: A WARNING Warning: Cancer and Reproductive Harm. wvrw PGSWarnings r..gov 8r2712020 1355680 0611007 TBD None Governmental - Cityrrown/Village Earth Moving - Land Improvement PALM DESERT, CA, 922602578 177637 Ryan Hernandez (951) 675-5654 (951)778-3746 ARHemandez@rdoequipment.com Hours Status I Year i Make i Model Cash Price (approx.) Additional Items 0 New 2020 JOHN DEERE 524L $250.648.28 0 0 0 Year 1 Make 1 Model 1989 JOHN DEERE 544E Freight in FACTORY FREIGHT $4.838.00 Freight Out DELIVER TO CUSTOMER/SWAP $750.00 Prep 1 Reconditioning PDIISALES WASHIEIN'S $1.867.00 Other SOURCEWELL DISCOUNT ($101,792.75) PM Essential Final Tier 4 - 5 - 2000 Hours $6.716.45 Warranty -John Deere Comprehensive-48 Months, 4000 $5.909.00 Hours. Deductible: 0. Exp Date: 8/27/2024 Attachment - New 2020 JRB 90H1270 $15,113.22 Attachment - New 2020 JR8 21321 MM $12.995.03 Attachment - New 2020 JRB LAF1661-0913 $780.37 Equipment Subtotal: $197,824.60 Payoff Information Trade In Hours Trade In Value $0.00 7630 ($15.000.00) Total Trade in Value: ($15'000 00) Trade Balance Owed: $0.00 Net Difference: ($15,000.00) ow- 11111 Balance: 5182.824.60 Total Taxable Amount: $191.108.15 Tax Rate 3: (CARV 7.75%) $14,810.88 Sales Tax Total: $14,810.88 CA Tire Fee: $7.00 Sub Total: $197.642.48 Cash with Order. $0.00 Balance Due: $197,642.48 D1355680 Pagel of 7 Legal Information For the Construction Product(o AC KNOWLEOG M ENT S - Purchaser offers to sell. transfer and convey the item(s) listed as `Trade In to the Dealer at or prior to the lane of delivery of the above Product(s). as a Irade-into he applied against the cash price Purchaser represents that each trade-in' item Shall be free and clear of all security interests liens. and encumbrances at the lane of transfer to the Dealer except to the extent shown below The price to be allowed for each 'trade-in item is listed on IN document The Purchaser promises to pay the balance due shown hereon in cash, or to execute a Time Sale Agreement (Retail Installment Contract). or a loan Agreement for the purC1'tase pncs of Ina Product(s) plus addrhonai charges shown therson. or to execute a Lease Agreement, on or before delivery of the Products) ordered herein Despite delivery of the Product(s) to the Purchaser, title shall remain wrtrt the Seller unlit one of the foregoing is accomplished Except as provided herein and as necessary to protect RDO Equipment from the claims or a bankruptcy trustee or a buyer in the ordinary course or busrnees, the Purchaser and the Dealer agree that this Purchase Order Is not a security agreement and that delivery of the Product($) to the Purchaser pursuant to Ihrs Purchase Order will not constitute possession of the Product(s) by Me Purchaser. as a dol lor, for the purposes of the purchase money security provisions in any statutes relating to personal property secunly or its equivalent Purchaser understands that its rights in connection with IN purchase are Iimded as set forth in this Purchase Order I (we) hereby grant o security Interest to RDo Equipment in the Product DISCLOSURE OF REGULATION APPLICABILITY - When operated in California, any off -road di no? vehrde may be sublet( to the California Air Resources Board In -Use Off -Road Donal Vehrcte Regulation II therefore could be subject to retrofit or accelerated turnover requirements to reduce emissions of air pollutants Mora Informehon is available on the California Air Resources Board wabslte at ht1p.11Hww. orb. ca. govlmspiogrordiesetlordleset.him IMPORTANT WARRANTY NOTICE - The Standard Warranty for new John Deere CPnstruclim and forestry products is not forth in a separate document provided by the dealer. Please read the Standard Warranty carefully before signing No express warranty Is made unions specified in the Wafranty Statement. PURCHASER'S RIGHTS AND REMEDIES PERTAINING TO THIS PURCHASE ARE LIMITED AS INDICATED IN THE STANDARD WARRANTY AND PURCHASE ORDER WHERE PERMITTED BYLAW NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS 15 MADE TERMS & CONDITIONS VIER IF ICATEON STATEMENT Use of John Deere Data Servtces('Services ). if applicable. and all rights and obligations of Jahn Deere and the Purcho serfor'Cuslomer, an Identifiedin the applicable agreemen()i are governed by the terms and conditions outlined in the Warranty Statement and the applicable John Deere Construction & Forestry CompanySubscnphons &Data Services Dealer Agreement and/ or Customer Data Seances agreement$ available at www.JonnDeere.comlAgreements Purchaser agrees to ba hound by these terms and conditions if Purchaser activates or otherwise uses any of the Data Services If Purchaser does not agree to these terms andconddions, Purchaser must not activate Dr otherwise use the Data 5ervices The undersigned purchaser(s) fine -Purchaser! hereby orders the product tine -Product') described above from the Dealer The Dealer shall not be liable for failure to provide the Product or for any delay in delivery d such failure or delay is due to the Dealers inability to abtarn such Product from the manufacturer or supplier or other cause beyond the Dealers control The cash price shown above IS subject to the Dealer receiving She Product from the manufacturer or supplier prior to any change in price by the manufacturer or supplier and is also subject to any new or increased taxes being imposed upon the sale of the Product after the data Of this Purchase order Upon signature of delivery acknowledgmenl. customer is accepting the equrpmenl. including attachments. in 'AS IS- condition. agreeing to notify RDO Equipment Co within 24 hours of any damages or discrepancies found upon receipt of equipment Signature Area Purchase Order Accepted By: ((;ustcmers `.;rgnalure) (Date Accepteci (Au onzed Signature Or Dealer) S Vate Actepwcil Delivery of Equipment Acknowledgemenl: (Customers signature) care Accepleu Standard Warranty Acknowledgement: (oviversd un) (warranty tseginS) Extended Warranty Oil Sampling Acknuwledgemenk (customers intiais) ({deal Owners btuys molars) t 355680 Page 2 of 7 ,�_ ujp�t Optio & = A Qty Serial Number Year I Make) Model Description 1 TBD 2020 JOHN DEERE 524L 7570DW 524L WHEEL LOADER 0924 JD POWERTECH ENGINE 1010 STANDARD WHEEL LOADER 1110 5 SP POWERSHIFT TRANSMISSION 1217 140 AMP ALTERNATOR 1330 CHROME CURVED STACK 1430 AIR INTAKE W PRECLEANER 1520 AUTOMATIC REVERSING HYD FAN 1610 FUEL TANK W STD FILTER 170C JDLINK ULT 5 YEAR SERVICE 1905 STANDARD CAB 1945 7" MONITOR W REAR DISPLAY 1970 HYDRAU HYDRAULIC FLUID 2010 STANDARD ZBAR 2120 STEERING WHEEL ONLY 2240 PREMIUM SEAT 2350 SINGLE AXIS LEVER CONTROLS 2403 THREE FUNCTION HYDRAULICS 2510 RIDE CONTROL 2605 ENGLISH DECALS & MANUALS 2715 15 AMP CONVERTER 2890 NO PAYLOAD SCALE 3049 AXLE.WI HYD FRONT & REAR 3110 AUTOMATIC DIFFERENTIAL LOCK 4412 20.5R25 L2 1STAR BS-3PC RADI 5550 FULL WIDTH FIR & REAR FENDERS 5610 LEFT SIDE STEPS ONLY 5760,50 INCH WIDE FORK FRAME 5870 60 INCH CONSTRUCTION TINES 7140 PREMIUM LED LIGHT PACKAGE 8220 REAR HITCH & COUNTERWEIGHT 8235 REAR CAMERA & OBJECT DETECT 8275 STROBE BEACON - LED 8310 EXTERIOR MIRRORS - STANDARD 8360 RADIO - STANDARD 6450 AC CHARGE 8560 HYD COUPLER-JR9 416 PATTERN 9043 ENVIRONTMENTAL DRAIN & PORTS 9050 WHEEL SPIN CONTROL SYSTEM 9055 THROTTLE LOCK 9115 CAB FRESH AIR PRECLEANER 1 TBD 2020 JRB 90H1270 90H1270 MP 02.50YDX105.91 JD QC 416 WE 1 TBD 2020 JRB 21321 MM 21321MM 120 WLA 36 M DL 24CI MAN 1 TBD 2020 JRB LAF1661-0913 LAF1661-0913 WELD MTG LAILCH FIJRB 416 SERIES WIHOLE D1355680 Page 3 of 7 Form C EXCEPTIONS TO PROPOSAL TERMS, CONDITIONS, AND SOLUTIONS REQUEST Company Name: — John Deere Construction Retail Sales (JI)CRS) Any exceptions to the terms, conditions, specifications, or proposal forms contained in this RFP must be noted in writing and included with the Proposer's response. The Proposer acknowledges that the exceptions listed may or may not be accepted by Sourcewell or included in the final contract. Sourcewell will make reasonable efforts to accommodate the listed exceptions and may clarify the exceptions in the appropriate section below. Sourcewell Section/page Term, Condition, or Specification Exception ACCEPTS JDCRS approves dealer groups to sell direct tinder this contract upon their acceptance of the Sourcewell Sourcewell T&Cs, JDCRS -will sell direct where a dealer group lias yet to accepts accept the contract terms. Unless stated otherwise, a manufacturer or wholesale J1'.)CRS and U.S. dealer sales distributor Proposer is reporting and admin fee payment assumed to have a functions will be processed by our documented relationship JOCRS office. with their dbaler network where that dealer network is "Sub -contractor" does not apply informed of, and authorized to our dealer network, Out to accept, purchase orders network is comprised of pursuant to any Contract independently owned dealer - resulting from this RFP on groups that art., bound by a dealer behalf of the manufacturer agreement. John Deere, is not or wholesale distributor responsible for the acts or Proposer. Any such dealer ornissions of the dealer network. will be considered a sub- 3.14/6 contractor of the We request all sub -contractor ProposeriVendor. verbiage/reference be stricken. Proposers are assumed to have sub -contractor relationships with all Sourcewell organizations and . accepts individuals whom are "Sub -contractor" does not apply external to the Proposer and to our dealer network. Our are involved in providing or network is comprised of delivering the independently owned dealer equipment/products/services groups that are bound by a dealer being proposed. Vendor a greentent. * Jolut Deere is not assumes all responsibility responsible(Ior the acts or for the ornissions of the dealer network. equipment/products/services and actions of any such Sub- We request all sub -contractor 3.23.2/8 contractor. verbiage/reference be stricken. With respect to Members We osier our contract to all within the Commonwealth eligible member agencies. Should .of Virginia, this RFP is any state, govemitig body, or Sourcewell intended to be a "joint buying agency impose or requi"e accepts procurement agreement" as any additional administrative or 3.28.1/10 described in Vic. Code § 2.2- transaction fee of any kind. said 44' 4304(A), and those Virginia fee will reduce the list discounts Members identified in accordingly. Appendix C must be allowed to use this Contract as a Joint Purchaser. Proposal pricing is to be established as a ceiling price. We offer our contract to all At no time may the proposed eligible member agencies. Should products or services be any state, governing body, or offered under this Contract buying agency impose or require at prices above this ceiling any additional administrative or price without a specific transaction fee of any kind, said request and approval by fee will reduce the List discounts 5.18116 Sourcewell, accordingly. Throughout the term of the Contract, Proposer agrees to pay for return shipment on products that arrive in a defective or inoperable condition. Proposer must Standard warranty defines arrange for the return covered items and services. 5.51118 shipment of the damaged freight and transport to and from 5.54/18 products. dealership are not covered items. "Subcontractor" does not. apply to Subcontractors: Vendors' our dealer network. Our network certificate(s) must include all is comprised of independently subcontractors as additional owned dealer groups that are insureds under its policies, or the bound by a dealer agreement. Vendor must furnish to Sourcewell John I:)eere is not responsible for separate certificates for each the acts or omissions of the dealer subcontractor. All coverage for network. subcontractors are be subject to the minimum requirements identified We request all subcontractor 6.26123 above. verbiage/reference be stricken. The Vendor must Unless a dealer stock unit is being immediately notify offered, retail machines are made Sourcewell Members when to order. 90 day lead time or less they order an out -of -stock is the general guidance, but there 7.13/27 item. may be exceptions. As was clarified in the pre - proposal conference, what needs to be advised is any major 7eenario that would impact the vendor's financial standing and their ability to uphold the contract agreement. JDC RS is not at The Vendor must disclose to liberty to share all litigation Sourcewell any litigation, scenarios that may arise. bankruptcy, or suspensions / 7.16/27- disbarments that occur during the We request the "litigation" 28 Contract period. verbiage be stricken. No delegation of any duty of We request permission to approve the Vendor under this dealer groups to sell direct. Contract may be. made healer groups must first agree to without prior written abide by the Sourcewell 'ferms & 8.11/29 permission of Sourcewell. Conditions as agreed by JDCRS. 45 Sourcewell accepts Sourcewell accepts Sourcewell accepts Sourcewell accepts Sourcewell accepts the removal of "litigation;" however, all other requirements remain. Sourcewell accepts JDCRS will include O.S. dealer sales in our reporting and admin Ahe processing, Allowing so on the previous contract has proven value-added as it has; allowed dealers to fully embrace the contract, streamlined the sales process, and continued to increase sales each year. Procurements by Sourcewell or Sourcewell Members utilizing funds under a federal grant or contract may be subject to specific federal laws, regulations, and requirements in addition to those under state and local laws. Applicable law may include, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR Part 200 (also referred to as the "Uniform Guidance" or "EDGAR"). The terms included in this section While JDCRS endeavors to express supply all equipment requests, we. Proposers willingness and ability to cannot commit. to all unknown comply with certain requirements requirements ahead of time. We which may be applicable to specific will gladly review each request at Sourcewell Member time of inquiry for feasibility and purchases using - federal i'ollow-through as may be 8.31/32 grant or contract dollars. applicable. "Subcontractor" does not apply to The Proposer further our dealer network. Our network understands that it accepts is comprised of independently the full responsibility as the awned dealer (Croups that are sole source of solutions bound by a dealer agreement. proposed in this RFP John Deere is not responsible for response and that the the acts or omissions of the dealer Proposer accepts network, responsibility for any Form subcontractors used to fulfill We request all subcontractor D/48 this proposal. verbiage/reference be stricken. Procurements by SourcewellSM (Formerly NJPA) or Sourcewell Members utilizing funds under a federal grant or contract funded all or in part by the Federal Emergency Management While JDCRS endeavors to Agency (FEMA) may be subject to supply all equipment requests, we specific federal laws, regulations, and cannot commit to all unknown Appendix requirements in addition to those under requirements ahead of time. We will q q review each request at D/69 other federal, state and local laws. This,ladlY time of inquiry for feasibility and (PDF may include, but is not limited to, the follow-through as may be copy) procurement standards ofthe Uniform applicable. 46 Sourcewell accepts Sourcewell accepts Sourcewell . accepts Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, Title 44 of the Code of Federal Regulations, Part 13 (44 CFR Part 13). The terms included in this section express Vendors willingness and ability to comply with certain requirements which may be applicable to specific Sourcewell Member purchases using FEMA grant or contract dollars. Proposer's Signature:`- r Date: Sourcewell's clarification on ezceutions listed above: 47 - Contract Award 0 „,1r% W #032011 FORM D Sourcewel.1o. Formal Offering of Pronosal (To be completed only by the Proposer) HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES In compliance with the Request for Proposal (RFP) for WAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES, Ithe undersigned warrants that the Proposer has examined this REP and, being familiar with all of the instructions, terms and conditions, general and technical specifications, sales and service expectations, and any special terms, agrees to famish the defined products and related services in full compliance with all terms and conditions of this RFP, any -applicable amendments of this RFP, and all Proposer's response documentation. The Proposer further understands that it accepts the full responsibility as the sole source of solutions proposed in this RFP response . Exception is noted in our RFP response, asking for this text to be stricken as we do not use subcontractors. Our dealer network is independently owned. Company Name: John Deere Construction Rttail Sales Date: 3f' Company Address: _1515 5"' Avenue City: —Moline State: _li.. Zip: 61265 CAGE Code/DUNS: 3I'S 07/ 142124762 Contact Person: _.Richard Murga Title: Contract Administrator , r Authorized Signature: `� � �. ,��.��..•m.. Mark Oliver ' (Name printed or typed) 48 DocuSign Envelope ID: F71579A7-EF16.49C5-BABC-4D98BC37120C FORM E CONTRACT ACCEPTANCE AND AWARD a�sa�r•`ti: rr r 41110 11iG Sourcewell (Top portion of this form will be completed by Sourcewell if the vendor is awarded a contract, The vendor should complete the vendor authorized signatures as part of the RFP response.] Sourcewell Contract #: 032119-.JDC Proposer's full legal name: John Deere Construction Retail Sales Based on Sourcewell's evaluation of your proposal, you have been awarded a contract. As an awarded vendor, you agree to provide the products and services contained In your proposat and to meet all the terms and condiilons set forth In this RFP, In any amendments to this RFP, and In any exceptions that are accepted by Sourcewell. The effective date of the.Controct will be May 13, 2019 and will expire on May 13, 2023 (no later than the later of four years from the expiration date of the currently awarded contract or four years from the date that the Sourcewell Chief Procurement Officer awards the Contract). This Contract may be extended for a fifth year at Sourcewell's discretion, Sourcewell Authorized Signatures: C _pg0-11411"d W. SVUMWMRECTOROFOPERATIONSAND P�t�TJCPO SIGNATURE SOURCEWEI EXECUTIVE DIRECTOR/CEO SIGNATURE Awarded on May 10, 2079 Vendor Authorized Signatures: Jeremy Schwartz (NAME PRINTED OR TYPED) Chad Coauette (NAME PRINTED OR TYPED) Sourcewell Contract # 032119-JDC The Vendor hereby accepts this Contract award, including all accepted exceptions and amendments, Al Vendor Name °!+f! �>C a„r, c rs<, I se �rG1r7 / CA 4 Authoripd Signatory's Title VENDOR AUTHORIZED SIGNATURE (NAME PRINTED OR TYPED) Executed on /0 /� err . 20 N Sourcewell Contract # 032119-JDC t Form F PROPOSER ASSURANCE OF COMPLIANCE Proposal Affidavit Signature Page PROPOSER'S AFFIDAVIT t \ Sourcewell a The undersigned, authorized representative of the entity submitting the foregoing proposal (the "Proposer"), swears that the following statements are true to the best of his or her knowledge. 1. The Proposer is submitting its proposal under its true and correct name, the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related services, all applicable licenses necessary for such delivery to Sourcewell Members agencies. The undersigned affirms that he or she is authorized to act on behalf of, and to legally bind the Proposer to the terms in this Contract.' 2. The Proposer, or any person representing the Proposer, has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier, any official or employee of Sourcewell, or any person, firm, or corporation under contract with Sourcewell, in an effort to influence the pricing, terms, or conditions relating to this RFP in any way that adversely affects the free and open competition for a Contract award under this RFP. 3. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request, and other documents in this solicitation and affirms that any and all exceptions have been noted in writing and have been included with the Proposer's RFP response. 4. The Proposer will, if awarded a Contract, provide to Sourcewell Members the /products and services in accordance with the terms, conditions, and scope ofthis RFP, with the Proposer -offered specifications, and with the other documents in this solicitation. 5. The Proposer agrees to deliver products and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first - quality products and related services to Sourcewell Members under an awarded Contract. 6. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 7. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statute § 13.591, Subd. 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals generally become public data. Minnesota Statute § 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 8. The Proposer understands that it is the Proposer's duty to protect information that it considers nonpublic, and it agrees to defend and indemnify Sourcewell for reasonable measures that Sourcewell takes to uphold such a data designation. [The rest of this page has been left intentionally blank. Signature page below] KIJ By signing below, Proposer is acknowledging that he or she has read, understands, and agrees to comply with the terms and conditions specified above. Company Name: _ John Deere Construction Retail Sales Address: 1515 5" Avenue City/State/Zip: _Moline, IL b 1 U15 Telephone Number: _309-748-3418 E-mail Address:_OliverMarkR,`�a�JoltiiDecrc.co I Authorized Signature: Authorized Name (printed): _Mark Oliver Title: Manager Contract Sales Date:'%t//t Notarized Subscribed and sworn to before me this 1 L4 Notary Public in and for. the County of r� My commission expires: Signature: FNOWYPFd* a-OFFr,awalmnob W=:WMW day of /)1aRC.1. 51 ,20 19 State of 1- Sourcewell► Form P PROPOSER QUESTIONNAIRE Payment Terms, Warranty, Products and Services, Pricing and Delivery, and Industry -Specific Questions Proposer Name: John Deere Construction Retail Sales Questionnaire completed by: _Richard Murga Pavment Terms and Financing Options 1) What are your payment terms (e,g., net 10, net 30)? JDCRS' only option for payment terms is Net 30 Days. 2) Do you provide leasing or financing options, especially those options that schools and governmental entities may need to use in order to make certain acquisitions? JDCRS (contract vendor) does not play a role in leasing, financing or payment terms other. than Net. 30 Days. John Deere Financial offers leasing/financing options. The John Deere Municipal Lease Purchase Plan is a special low -rate financing plan that is designed to provide flexibility of leasing; while building equity toward ownership of the John Deere equipment. Any state or local government body, or their political subdivisions, having the power to tax may be eligible for the John Deere Municipal Lease Purchase Plan, subject to approval. John Deere Financial also offers other leasing and fnancing options for governmental, educational, and non-profit entities, subject to approval. All leasing and financing options are handled through the local dealer and John Deere Financial. The lease/finance provider funds the contract sales invoice within 30 days. 3) Briefly describe your proposed order process. Please include enough detail to support your ability to report quarterly "sales to Sourcewell. For example, indicate whether your dealer network is included in your response and whether each dealer (or some other entity) will process the Sourcewell Members' purchase orders. JDCRS authorizes U.S. dealer groups to sell direct after they agree to uphold Sourcewell's T&Cs in writing. Sourcewell members will contact their local dealer for assistance with machine and option selection. httns://dealerlocator.deere.com/scivlet/countrv=US The local dealer will provide the contract quote. Sourcewell members will submit their purchase orders to the authorized quoting party noted on their contract quote. The quote number and the Sourcewell contract number must be noted on the PO. If a municipal lease is involved, that too must be made known on the PO. JDCRS will ship the unit to the selling U.S. dealer. For sales outside of the U.S., the local selling dealer will quote and arrange the freight move from factory to dealer and from dealer to customer. Setup, installs, inspection and final delivery are handled by the local dealer. Authorized seller will invoice Sourcewell member upon receipt of product delivery acceptance .notice. 53 U.S. sales reports will be processed and submitted by JDCRS on a quarterly basis. Canada sales .reports will be processed and submitted by John Deere Limited on a quarterly basis. Per our previous Sourcewell addendum to expand into Canada, John Deere Limited is the Canada -based sales branch office that owns the relationship with the Canadian dealer groups. 4) Do you accept the P-card procurement and payment process? If so, is there any -additional cost to Sourcewell Members for using this process? P-card payments are accepted with a 3% processing fee added to the contract quote. P-card usage is to be made known at time of quote request. Customer PO must cover the added. fee. Warrantv 5) Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may include in your response a copy of your warranties, but at a minimum please also answer the following questions. Copy of standard warranty .is Attached in addition to the below responses. N Standard Warranty.pdf • Do your warranties cover all products, parts, and labor? 12 months full machine standard warranty is provided, as outlined in the standard warranty document. • Do your warranties impose usage restrictions or other limitations that adversely affect coverage? Full-size machines receive 12 months of coverage with no hour limit. Compact machines (Commercial Worksite) receive 24 months of coverage with 2,000-hour limit. Ilimitations on usage behavior are in place for all goods. • Do your warranties cover the expense of technicians' travel time and mileage to perform warranty repairs? No • Are there any geographic regions of the United States for which you cannot provide a certified technician to perform warranty repairs? No How will Sourcewell Members in these regions be provided service for warranty repair? Dealers are assigned for coverage of the entire U.S. • Will you cover warranty service for items made by other manufacturers that are part of your proposal, or are these warranties .issues typically passed on to the original equipment manufacturer? As outlined in the standard warranty document, non -Deere items are handled by original OF.M. • What are your proposed exchange and return programs and policies? As noted in the standard warranty document, "John Deere will repair or replace, at its option, any parts... of a new John Deere product that, as delivered to the original retail purchaser(s), are defective in material or workmanship." See full text for detailed explanation. 6) Describe any service contract options for the items included in your proposal. No service contracts are made part of this KFP response orresultant award. Local dealers are allowed to quote service contracts and extended warranties at time of machine quote for buying agency's consideration. Pricin . Deliverv. Audits. and Administrative Fee . 7) Provide'a general narrative description of the equipment/products and related services you are offering in your proposal. 54 Customer solutions offered in response to this RFP are John .Deere's Construction Equipment (CE) and Compact Construction Equipment (CC.E) product lines. Heavy, medium and compact machines are available to meet the Sourcewell members' needs. Specifically, there are 15 categories of 90 plus machines,. each with their own factory options and attachments. Additionally, there are 120 plus attachment offerings to be used in conjunction with the compact Pule of machines. Many of these attachments are functional on a variety of the four compact machine categories; adding great versatility to the end -user. Further, local dealers will have the ability to provide customer requested goods and services to complete the desired machine functionality. 8) Describe your pricing model (e.g., line -item discounts or product -category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell discounted price) on all of the items that you want Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal. (Keep .in mind that reasonable price and product adjustments can be made during the term of an awarded Contract. See the body of the RFP and the Price and Product Change Request Form for more detail.) As in previous contracts, we will use a discount off current list price for cacti product model. Complete commercial price pages as well as a discount matrix are included with our bid. response. Base machine and four -digit factory build. codes will receive the machine discount. Nan -factory items will be quoted by the dealer. 9) Please quantify the discount range presented in this response. For example, indicate that the pricing in your response represents is a 50% percent discount from the MSRP or your published list. The discount range varies from 20% to 44% off our published Dist prices. 10) The pricing offered in this proposal is a. the same as the Proposer typically offers to an individual municipality, university, or school district. b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. _X c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. d. other than what the Proposer typically offers (please describe). 11) Describe any quantity or volume discounts or rebate programs that you offer. 5-7 machines receive 1% additional discount 8-14 machines receive N additional discount 15-30 machines receive 3% additional discount No rebates are offered. 12) Propose a method of facilitating "sourced" products or related services, which may be referred to as "open market" items or "nonstandard options". For example, you may supply such items "at cost" or "at cost plus a percentage," or you may supply a quote for each such request. JDCRS can certainly offer "Sourced Goods". "Sourced Goods" are also referred to by John Deere as non -contract items, allied items, referral attachments, dealer provided goods/services... We define non -contract as John Deere non - factory items, such as Field Kits and Parts for dealer installation that appear in. the price pages. Allied equipment is defined as other OEM equipment (ex. Bradco Rock Saw). Dealer provided goods/services are items such as: Attachments, Parts, Setup, Installs, Inspection, Preventative Maintenance services, Extended Warranty... Non -contract, allied, and dealer provided goods/services would be sold as sourced goods and the price of the item or service is quoted by the John Deere dealer. Sourced goods will appear on the quote along with the contract item and would be listed as "Dealer provide..." M1 For example, a Sourcewell Member could purchase a John Deere Skid Steer Loader, an extra fu.eI tank cap (non- contract part) and a Bradco Rock Saw (allied) by utilizing the SourceweIl contract, but the price of the fuel tank cap and rock saw would be determined by the John Deere dealer and both would be listed on the PO as "Dealer provided fuel cap and Dealer provided Bradco Rock Saw". We successfully use this process on other contracts. 13) Identify any total cost of acquisition costs that are NOT included in the pricing submitted with your response. This cost includes all additional charges that are not directly identified as freight or shipping charges. For example, list costs for items like installation, set up, mandatory training, or initial/pre-delivery inspection. Identify any parties that impose such costs and their relationship to the Proposer. Dealer provided goods and services: Customer requested non -factory goods/services will be quoted by dealer. Set-up and installation fees: Dealer applied charges that cover their costs for installing and ensuring the proper operation of sourced goods and field attaclnrients. The set-up and installation fees are quoted by the dealer. Pre -Delivery Inspection (PDI): A PIN is performed on all new machine purchases to ensure proper fluid levels, check system pressures, verify accurate systeru operation, and cleating of the unit prior to delivery. The cost of the PDl is quoted by the dealer and will vary by machine model and complexity. Taxes: Local taxes, if applicable, will be assessed. 14) If travel expense, delivery or shipping is an additional cost to the Sourcewell Member, describe in detail the complete travel expense, shipping and delivery program. JDCRS believes that charging the corporate contracted freight rates for each and every sale is most equitable due to the'known sizes & weights and unknown distances that goods will travel to reach the Sourcewell -ember's local John Deere dealership. All shipments in the continental U.S. (CONUS) region will therefore be FOB Destination, Pre - Paid and Added. Factory to dealer freight will be quoted. Local delivery by dealer to customer location will also be quoted. Prospective buying agency must supply the full address for the end -user's delivery location at time of quote request. Should buying agency choose not to use their nearest compact equipment dealer, the preferred dealer needs to be clearly stated on the Purchase Order accordingly. Full-size equipment dealers have a defined coverage area and are not selectable by the customer. JDCRS will make every effort to deliver ordered items in as timely a fashion as possible. Actual delivery cannot be defined ahead of time as warehouse dates are assigned. based on number of orders placed on the factory, logistics assignment, transit time to local dealer, installs/setup/.inspection by local dealer and final delivery to end user. In most cases, goods are delivered within )U days, but there may be exceptions from time 10 time. 15) Specifically describe those travel expense, shipping and delivery programs for Alaska, Hawaii, Canada, or any offshore delivery. As is the case for the continental U.S., factory to dealer freight as well as .local delivery by dealer to end -user will be quotedand invoiced. Location specific constraints related to rnoves by; ocean, barge, inland... may affect final delivery time. 16) Describe any unique distribution and/or delivery methods or options offered in your proposal. None noted .that vary from what has previously been described. Should. a request come in that. requires firrtber consideration, we will be happy to review for applicability. 56 17) Please specifically describe any self -audit process or program that you plan to employ to verify compliance with your proposed Contract with Sourcewell. This process includes ensuring that Sourcewell Members obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to Sourcewell. For sales that are processed through our office:, the quote and purchase order are reviewed by the in-house account manager for accuracy. 11' the purchase order needs to be modified, the change request is submitted prior to commencing the factory ordering process_ Monthly spot checks are performed by our accounting department to ensure the department is compliant with published pricing and contract. discounts_ Addilionally, the accuracy of the contract sales reporting and administrative fee paying are also audited. llor sales that are processed through the dealer network, the quote and purchase order are reviewed by the selling dealer. Dealers acquire the machines at a discount when selling through this contract. A program code has been established for use at time ofdealer settlement to claim their discount. Uri a quarterly basis, JDCRS receives a dealer settlement report from which the dealer sales are, retrieved and added to the in-house sales noted above.. Together, the full report is reviewed, approved and processed for sales reporting to Sourcewell and for payment of admin flees. 18) Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per -unit fee; it is not a line -item addition to the Member's cost of goods. (See. Rl?P Section 6.29 and following for details.) We propose a 1% admin fee applicable only to the equipment's contrdo selling price (List price of equipment on contract reduced by the contract. discount percentage). The incidental, non -factory items and dealer provided goods and services (rill items not priecd/discounted by contract), will be excluded from the calculation. 'Phis process has proven functional in the past to accurately report sales activity sterninin,g from dealers across the nation and for paying admin fees in a timely fashion. Industry-Snecific Questions 19) Describe any industry -specific quality management system certifications obtained by your organization. John Deere is registered with the International Standards Organization 9001 for quality managcrnent. 20) Describe any environmental management system certifications obtained by your organization. For more information on John Deere's Environmental Stewardship visit: httn://www.decre.com/en US/comorate/our comoanv/citiajenshit)/environmental stewardshiti/environmenta.i stews rdshin.naae? 21) Describe any preventive maintenance programs that your organization offers for the solutions you are proposing in your response. Preventative maintenance services are dcaler-provided. Please review, Form P item 12 above, Signature: `l.a C✓ G - Date: 57 rocuSign Envelope ID: 4DEF6B38-AC85-49FC-90D4-B1 9FBD91 B13A AMENDMENT#2 TO SOURCEWELL CONTRACT #032119 JDC This Amendment is by and between Sourcewell (Sourcewell) and John Deere Construction Retail Sales, a division of John Deere Shared Services, Inc. (Vendor). Vendor was awarded a Sourcewell contract for Heavy Construction Equipment with Related Accessories, Attachments, and Supplies #032119-JDC (Original Contract). The parties agree that certain terms within the Original Contract will be amended as hereunder provided. In consideration of the mutual covenants and agreements described in this Amendment, the parties agree as follows: This Amendment is effective upon the date of the last signature below. 2. Form P, Question 18, is modified to read that Vendor's Administrative Fee will be 0.50%. Except as amended by this Amendment, the Original Agreement remains in full force and effect. Sourcewell �Dfo/ccuftnedbby�_�� / By. t "Ayf� Authc .. _ COFD2A7138D06488.._ Jeremv Schwartz Name — Printed John Deere Construction Retail Sales, a division of John Deere Shared Services, Inc. DocuSigned by: By- AhQ BSFOSEF8EF6045A... Richard Murea Name — Printed Title: Director of Operations & Procurement/CPO Title: - Contract Administrator Date: 3/18/2020 1 3:25 PM CDT APPROVED: %% Docu%%7E4288FSigneed,��by. By—.— IN A u t h c .. _ 817A64CC... Chad Coauette Name — Printed Title: Executive Director/CEO Date: 3/18/2020 1 5:05 PM CDT Date: 3/18/2020 1 12:27 PM CDT