Request for Proposals Packet #3-11. Portable Restroom Services for the Ingham County Parks and Fairgrounds

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1 Request for Proposal # Monumentation Surveyor for 2007 County of Ingham Request for Proposals Packet #3-11 Portable Restroom Services for the Ingham County Parks and Fairgrounds Sealed Proposals Due: January 26, 2011 at 11:00 A.M. Proposals shall be delivered to the: Ingham County Purchasing Department 121 E. Maple Street P.O. Box 319 Mason, Michigan Phone: (517) Proposal # Page 1 of 17

2 1.0 DESCRIPTION OF PROJECT Ingham County is seeking portable restroom rental service including delivery, set-up, servicing and maintenance at various County parks and the Ingham County Fairgrounds for a period of three years with an option to renew for an additional two-year period beginning April 1, OWNER County of Ingham PO Box 319 Mason, Michigan SCOPE OF WORK Contractor must provide delivery, set-up, maintenance and servicing of all portable restrooms at the locations and for the time periods specified on the Pricing Form. Proposers shall indicate the number of years they are willing to hold their prices beyond the initial 3-year term. The portable restrooms shall be serviced weekly. Servicing and maintenance shall include: 1. Pumping and brush cleaning waste holding tanks. 2. Sanitizing all interior surfaces. 3. Replenishing chemicals and deodorizer. 4. Providing ample toilet paper/supplies. Contractor will submit an itemized MONTHLY invoice BOTH to the Ingham County Parks Department and to the Ingham Fairgrounds Office for services rendered. Contractor will be required to furnish Material Safety Data Sheets on all chemicals used to clean or service the portable toilets. MSDS sheets must be received before work commences. Contractor will assume all costs associated with repairs, damages, or loss of the portable toilets. 4.0 REGISTERING AS A VENDOR WITH INGHAM COUNTY Proposers who have not registered their company with the County should do so by visiting or by calling the Purchasing Department at (517) for assistance. Vendors registering to provide goods and services to Ingham County under contract shall certify to their knowledge of the County's Equal Opportunity Employment / Nondiscrimination Policy, and of their agreement to comply, and shall disclose any conclusive findings of violations of Federal, State, or local equal opportunity statutes, ordinances, rules/regulations, or policies within the past three (3) years. 2

3 5.0 PRE-OPENING INQUIRES/RESPONSE Any explanation desired by a proposer regarding the meaning or interpretation of this RFP and attachments must be requested to the Ingham County Purchasing Department, attention James C. Hudgins, Jr. at jhudgins@ingham.org no later than 5:00 P.M. on January 14, DUE DATE TIME AND PLACE Proposals will be received no later than 11:00 A.M., local time prevailing, on January 26, 2011 at which time they will be opened in public and read aloud in the: Ingham County Purchasing Department Attention: James C. Hudgins, Jr., Director of Purchasing PO Box E. Maple St. Mason, Michigan Proposals received at other locations or delivered after the due date and time will not be accepted and will be returned to the proposer. 7.0 SUBMISSION OF PROPOSALS Responses to this RFP should be concise and must include all the requested information. Proposers are required to submit an original (clearly marked) along with two (2) copies by the date, time, and place designated above. Proposals must be submitted in a sealed, opaque envelope or package and clearly marked on the outside Packet No Portable Restrooms. Be sure to include the name of your firm on the outside of the envelope or package. Proposers are also requested to submit an electronic version of their proposal to packetresponse@ingham.org by the due date and time set above. The electronic submittal must contain Packet No Portable Restrooms in the subject line. Should you have trouble submitting your electronic version please contact the Purchasing Department at (517) Proposers shall complete and include with their submittals the following enclosed items: Pricing Form; References Form; Local Purchasing Preference Form; and Signature Form. The Statistical Questionnaire is strictly optional. 3

4 8.0 TIMELY SUBMITTALS Time is of the essence and any proposal or addenda pertaining thereto received after the announced time and date for submittal, whether by mail or otherwise, will be rejected. It is the sole responsibility of the proposers for ensuring that their proposals are time stamped by the Purchasing Department. Proposals and/or any addenda pertaining thereto received after the announced time and date of receipt, by mail or otherwise, will be returned to the proposer. Nothing in this RFP precludes the County from requesting additional information at any time during the procurement process. 9.0 DELIVERIES Should you decide to utilize an express delivery service, please note that we are located at the intersection of Maple Street and Jefferson Street PREPARATION OF PROPOSAL All proposals must be made on the required forms prepared and executed fully and properly. Proposed prices shall be based on the selected firm furnishing all labor, supervision, administration, insurance, and any other services required to complete the work in strict accordance with this RFP. All fees and costs must be disclosed in the proposal PROPOSAL PROCESS Proposals which do not completely address all the solicitation requirements will be considered non-responsive and may be excluded from consideration. Any exceptions shall be duly noted in the submittal AUTHORITY TO BIND FIRM IN CONTRACT Proposer shall provide the full legal firm name and address. Any proposal that has not been manually signed will be deemed non-responsive and excluded from consideration. Firm name and authorized signature must appear in the space provided on the enclosed Signature Sheet NO SUBMITTAL If you desire not to respond to this RFP, please forward your acknowledgment of NO PROPOSAL SUBMITTED via an to Please also state the reason for not submitting a proposal. Failure to comply may be cause for removal of your company's name from the vendor list for subject commodity SPECIAL ACCOMMODATIONS If you are an individual with a disability and require a reasonable accommodation, please notify the Purchasing Department at (517) , three (3) working days prior to need. 4

5 15.0 PRIME CONTRACTOR RESPONSIBILITIES The selected Contractor will be required to assume responsibility for all services offered in the proposal whether or not they possess them within their organization. Further, Ingham County will consider the selected Contractor to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract INDEPENDENT PRICE DETERMINATION By submission of a proposal, the offeror certifies, and in the case of a joint proposal each party thereto certifies as to its own organization, that in connection with this proposal: The prices of the proposal have been arrived at independently without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other offeror or with any competitor; Unless otherwise required by law, the prices which have been quoted in the proposal have not been knowingly disclosed by the offeror and will not be knowingly disclosed by the offeror or to any competitor; No attempt has been made or will be made by the offeror to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition; The price quoted is not higher than that given to the general public for the same service ADDITIONAL INFORMATION REQUESTED Please indicate if your firm has been cited and/or fined within the last three (3) years by any Federal, State or Local regulatory agency. If so, please provide the following information: Date Identity of the agency issuing the citation or fine Description of the violation Final rulings of agency 18.0 EQUAL OPPORTUNITY EMPLOYMENT/NONDISCRIMINATION POLICY It is the policy of the Ingham County Board of Commissioners that all vendors who provide goods and services to Ingham County government by contract, shall, as a condition of providing goods and services, adhere to all Federal, State and local laws, ordinances, rules and regulations, and policies, if applicable, prohibiting discrimination in regard to persons to be served and employees and applicants for employment including, but not limited to, the following: The Elliott Larsen Civil Rights Act, 1976 PA 453, as amended. The Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended. Section 504 of the Federal Rehabilitation Act of 1973, PL , 87 Stat 355, as amended, and rules adopted thereunder. 5

6 The Americans with Disabilities Act of 1990, PL , 104 Stat 327 (42 ' et seq.), as amended, and regulations promulgated thereunder. All vendors shall, as a condition of providing goods and services, as required by law and/or the County's Equal Opportunity Employment/Nondiscrimination Policy, not discriminate against persons to be served or an employee or applicant for employment with respect to hire, tenure, terms, conditions or privileges of employment, or a matter directly or indirectly related to employment because of race, color, religion, national origin, age, sex, sexual orientation, gender identity, disability that is unrelated to the individual's ability to perform the duties of a particular job or position, height, weight, marital status, or political affiliation. Where there has been a conclusive finding that a vendor has violated Federal, State or local equal opportunity statutes, ordinances, rules/regulations, or policies, that vendor shall be barred from providing goods and services to Ingham County for five (5) years from the date that a determination of the violation has been made in accordance with applicable statutes, ordinances, rules/regulations, or policies or from the date that such determination becomes known, unless a specific exemption is granted by the Board of Commissioners. Any violation of Federal, State, or local equal opportunity statutes, ordinances, rules/regulations, or policies during the course of time during which the vendor is providing goods or services to the County shall be regarded as a material breach of any contract between the County and the vendor, and the County may terminate such contract effective as of the date of delivery of written notification to the vendor. Any employee of a vendor providing goods and services by contract to the County, or any employee of a subcontractor of a vendor providing goods and services to the County by contract, or any bona fide organization representing such employees may file a written complaint with the Board or its designated agent, if any, challenging the compliance by a vendor with the terms of this policy, the Board or its designated agent shall then conduct an investigation to determine whether the policy has been violated. Any vendor found to have retaliated in violation of a Federal or State law against an employee for filing a claim of violation of Federal, State, or local equal opportunity statutes, ordinances, rules/regulations, or policies shall be ineligible to provide any goods or services to Ingham County government for a period of five (5) years from the date of such finding WORKPLACE DIVERSITY It is the policy of Ingham County to encourage its vendors to develop and maintain a diverse workforce that is reflective of the population of Ingham County. According to the U.S. Census Bureau, the statistics of Ingham County's population in 2000 was comprised of the following: White persons % Black or African American persons % American Indian and Alaska Native persons - 0.5% 6

7 Asian persons - 3.7% Native Hawaiian and other Pacific Islander - 0.1% Persons of Hispanic or Latino origin - 5.8% 20.0 LIVING WAGE Ingham County policy requires vendors contracting with the County primarily to perform services to pay their employees a living wage if the following two (2) conditions apply: The total expenditure of the contract or the total value of all contracts the vendor has with the County exceeds $50,000 in a twelve-month calendar; and, The vendor employs five (5) or more employees. In Ingham County, living wage is defined as an hourly wage rate which is equivalent to 125% of the federal poverty level for a family of four. For 2010, the living wage is $13.78 per hour. Twenty percent (20%) of the living wage costs paid by the employer can be for an employee's health care benefits. This wage rate applies to part and full-time employees who work on County contracts. See for more information INDEMNIFICATION AND HOLD HARMLESS The vendor who is selected as the Contractor shall, at its own expense, protect, defend, indemnify, save and hold harmless the County of Ingham and its elected and appointed officers, employees, servants and agents from all claims, damages, lawsuits, costs and expenses including, but not limited to, all costs from administrative proceedings, court costs and attorney fees that the County of Ingham and its elected and appointed officers, employees, servants and agents may incur as a result of the acts, omissions or negligence of the contractor or its employees, servants, agents or subcontractors that may arise out of the agreement. The contractor's indemnification responsibility under this section shall include the sum of damages, costs and expenses which are in excess of the sum of damages, costs, and expenses which are paid out in behalf of or reimbursed to the County, it's officers, employees, servants and agents by the insurance coverage obtained and/or maintained by the contractor INSURANCE The Contractor, and any and all of their subcontractors, shall not commence work under this contract until they have obtained the insurance required under this paragraph. All coverages shall be with insurance companies licensed and admitted to do business in the State of Michigan. All coverages shall be with insurance carriers acceptable to the County of Ingham. Worker's Compensation Insurance: The Contractor shall procure and maintain during the life of this contract, Workers Compensation Insurance, including Employers Liability Coverage, in accordance with all applicable Statutes of the State of Michigan. Commercial General Liability Insurance: The Contractor shall procure and maintain 7

8 during the life of this contract, Commercial General Liability Insurance on an Occurrence Basis with limits of liability not less than $1,000,000 per occurrence. Coverage shall include the following: (A) Contractual Liability; (B) Products and Completed Operations; (C) Independent Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent, if not already included; (E) Deletion of all Explosion, Collapse, and Underground (XCU) Exclusions, if applicable. Motor Vehicle Liability: The Contractor shall procure and maintain during the life of this contract Motor Vehicle Liability Insurance, including Michigan No-Fault Coverages, with limits of liability of not less than $1,000,000 per occurrence combined single limit for Bodily Injury and Property Damage. Coverage shall include all owned vehicles, all non-owned vehicles and all hired vehicles. Additional Insured: Commercial General Liability, as described above, shall include an endorsement stating the following shall be Additional Insureds : The County of Ingham, all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and board members, including employees and volunteers thereof. Cancellation Notice: All insurances described above shall include an endorsement stating the following: It is understood and agreed that thirty (30) days advanced written notice of cancellation, non-renewal, reduction and/or material change shall be sent to: Ingham County Purchasing Department, P.O. Box 319, Mason, Michigan Proof of Insurance: The Contractor shall provide the County of Ingham at the time the contracts are returned by him/her for execution, certificates and policies as listed below: a) Two (2) copies of Certificate of Insurance for Workers Compensation Insurance; b) Two (2) copies of Certificate of Insurance for Commercial General Liability Insurance; c) Two (2) copies of Certificate of Insurance for Vehicle Liability Insurance; d) Two (2) copies of Professional Liability Insurance. e) If so requested, certified copies of all policies will be furnished. If any of the above coverages expire during the term of this contract, the Contractor shall deliver renewal certificates and/or policies to the County of Ingham at least ten (10) days prior to the expiration date LOCAL PURCHASING PREFERENCE The Ingham County Board of Commissioners (BOC) believes that its purchasing policies should encourage local vendors to provide goods and/or services to Ingham County government, resulting in increased economic activity through more local jobs, tax revenues, and expenditures, and to entice business relocations to the County. As such, in 2005, the BOC amending its purchasing policies to include a 10% purchasing preference to qualified and registered local vendors who respond to formal bids for the purchase of goods and/or supplies, issued by the Ingham County Purchasing Department. A local vendor is defined as a vendor that operates a business within the legally defined boundaries of Ingham County. To be considered a local vendor, the vendor must provide a verifiable business address (not a PO Box) at which business is being conducted. The vendor must also agree to comply with all other policies and 8

9 requirements of the County. For more information about the Ingham County Local Purchasing Preference Policy, go to and click on Policies RIGHT OF REJECTION The County reserves the right to reject any or all bids/proposals, to waive informalities or irregularities in bids/proposals, and/or to negotiate separately the terms and conditions of all or any part of the bids/proposals as determined to be in the County's best interests at its sole discretion STANDARD FORMS Any preprinted contract forms the vendor proposes to include as part of the contract resulting from a bid/proposal must be submitted as part of the bid/proposal. Any standard contract provisions not submitted as part of the bid/proposal and subsequently presented for inclusion may be rejected. The County reserves the right to accept or reject in whole or in part any form contract submitted by a vendor and/or to require that amendments be made thereto, or that an agreement drafted by the County be utilized ADVICE OF OMISSION OR MISSTATEMENT In the event it is evident to a vendor responding to an RFP that the County has omitted or misstated a material requirement to an RFP and/or the services required by an RFP, the responding vendor shall advise the Purchasing Department at (517) of such omission or misstatement COST OF PREPARATION The County will not pay any costs incurred in the proposal preparation, printing or demonstration process. All costs shall be borne by the vendors NOTIFICATION OF WITHDRAWAL OF BID Bids/proposals may be withdrawn prior to the date and time specified for bid/proposal submission with a formal written notice by an authorized representative of the vendors. Bids/proposals submitted will become the property of the County after the bid/proposal submission deadline APPLICABLE LAW AND VENUE This agreement shall be construed according to the laws of the State of Michigan. The County and the Contractor agree that the venue for the bringing of any legal or equitable action under this agreement shall be established in accordance with the statues of the State of Michigan and/or Michigan Court Rules. In the event that any action is brought under this agreement in Federal Court, the venue for such action shall be the Federal Judicial District of Michigan, Western 9

10 District, Southern Division COMPLIANCE WITH THE LAW Vendors shall render the services to be provided pursuant to this agreement in compliance with all applicable Federal, State, and local laws, ordinances, rules, and regulations RIGHTS TO PERTINENT MATERIALS All responses, inquires, and correspondence relating to an RFP and all reports, charts, displays, schedules, exhibits and other documentation produced by the vendors that are submitted as part of the bid/proposal shall become the property of the County after the bid/proposal submission deadline TAXES Ingham County does not pay Federal excise and State sales taxes. Our tax exemption number is and is also stipulated on all our Purchase Orders. Exemption Certificate, and Michigan Sales and Use Tax Certificate of Exemption are both available through this website under "Forms" NON-COLLUSION The vendor certifies that this proposal has not been made or prepared in collusion with any other proposer and the prices, terms or conditions thereof have not been communicated by or on behalf of the proposer to any other proposer and will not be so communicated to any other proposer prior to the official opening of this proposal. This certification may be treated for all purposes as if it were a sworn statement made under oath, subject to the penalties for perjury. Moreover, it is made subject to the provisions of 18 U.S.C. Section 1001, relating to the making of false statements CONTRACT AWARD Contract award negotiations will be undertaken with the vendor whose proposal, as to price and other factors, demonstrate to be the most qualified, responsible, and capable of performing the work in the sole discretion of the County PROPOSALS To be considered, proposer must submit a complete response to this RFP, using the format provided herein. No other distribution of proposals will be made by the proposer. Proposals must be signed by an official authorized to bind the proposer to its provisions. The proposal must remain valid for at least 90 days. 10

11 36.0 PROPOSAL SIGNATURE FORM Provide a completed and signed copy of the Signature Sheet where the undersigned, as a proposer, declares that he/she has carefully examined all the items of the RFP and he/she fully understands and accepts the requirements of the same, and he/she agrees to furnish the specified items and will accept, in full payment therefore, the amount specified. The proposer will identify its business entity as individual, DBA, partnership, corporation (foreign or domestic and in what state), and will indicate the official capacity of person(s) executing this proposal ADDITIONAL QUESTIONS Additional questions should be directed to Jim Hudgins, Director of Purchasing, at jhudgins@ingham.org PRICING Vendors must submit prices as stated on the Pricing Form ESCALATION CLAUSE The Ingham County Board of Commissioners (Board) recognizes the current difficult economic conditions and the subsequent minimal cost of living increases for County employees. As such, Contractors should fully understand that proposed contracts with cost increases greater than 1% will receive extra scrutiny from the Board and may be rejected and rebid. Price adjustments may be requested pursuant to the terms of the contract; however, the Contractor must notify the County within ninety (90) days prior to the current term s expiration date. Prior to commencement of subsequent renewal terms, the County may entertain a request for escalation in accordance with the current Consumer Price Index (CPI) at the time of the request or up to a maximum 1% increase on the current pricing, whichever is lower. For purposes of this section, Consumer Price Index shall mean the Consumer Price Index-All Urban Consumers-United Stated Average-All Items (CPI-U), as published by the United States Department of Labor, Bureau of Labor Statistics. The County reserves the right to accept or reject the request for a price increase. If the price increase is approved, the price will remain firm for one (1) year from the date of the increase or whatever term was previously authorized by the Board. 11

12 PRICING FORM (Please type or print clearly in ink only) Packet No Portable Restrooms Parks Department Location Quantity Type of Unit Dates Annual Cost Cost for 3 Years Bunker Road 1 Regular Unit April 1 to October $ $ Burchfield Park 1 Handicapped Unit 1 Flushing Unit With Sink/Soap/Urinal 30 May 1 to October 30 May 1 to October 30 $ $ $ $ 2 Extra Services June 1 to September 30 $ $ 1 Handicapped October 30 to April $ $ Unit 30 1 Regular Unit Year Around $ $ Lake Lansing North McNamara Landing Solden Dog 1 Regular Unit Year Around $ $ Park With Urinal Riverbend 1 Regular Unit Year Around $ $ Total $ $ How many years are you willing to hold these costs beyond the initial 3-year term? Fairgrounds Location Quantity Type of Unit Dates Annual Cost Cost for 3 Years Rabbit Barns 2 Regular Unit August 2 to $ $ August 7 In Field 4 Regular Unit August 2 to $ $ August 7 Campground 2 Regular Unit August 2 to $ $ Near Gate by Office 6 Portable Sink Station (self contained with water/soap/towels) August 7 August 2 to August 7 $ $ 12

13 Near Petting Zoo Near Camel Ride 12 Portable Sink Station (self contained with water/soap/towels) 6 Portable Sink Station (self contained with water/soap/towels) Near Arena 6 Portable Sink Station (self contained with water/soap/towels) Near Rabbit Barn 12 Portable Sink Station (self contained with water/soap/towels) August 2 to August 7 August 2 to August 7 August 2 to August 7 August 2 to August 7 $ $ $ $ $ $ $ $ Weekday Rate 8 Additional August 2 $ $ (just toilets) Cleaning Weekday Rate 2 Additional August 2 $ $ (2 sinks by Rabbit Barn) Cleaning Weekday Rate 15 Additional August 3 $ $ Cleaning Weekday Rate 15 Additional August 4 $ $ Cleaning Weekday Rate 15 Additional August 5 $ $ Cleaning Weekday Rate 15 Additional August 6 $ $ Cleaning Weekday Rate 15 Additional August 7 $ $ Cleaning Total $ $ How many years are you willing to hold these costs beyond the initial 3-year term? 13

14 LOCAL PURCHASING PREFERENCE SHEET (Please type or print clearly in ink only) Packet No Portable Restrooms 1. Do you desire to have your company considered a local vendor and therefore have your proposal evaluated with the 10% local purchasing preference? Yes No 2. If yes, please provide below the verifiable business address (not a PO Box) at which your business is being conducted? 3. Complete Legal Firm Name: 4. Company Address: 5. Company Phone: ( ) Fax: ( ) 6. Name and title of person authorized to sign on behalf of your company: 7. Signature/date: Note: Local vendors who utilize non-local vendors as subcontractors for more than 50% of the work in a specific proposal or proposal are not entitled to the preference for that specific proposal or proposal. 14

15 SIGNATURE SHEET (Please type or print clearly in ink only) Packet No Portable Restrooms My signature certifies that the proposal as submitted complies with all terms and conditions as set forth in this solicitation, except as noted herein. My signature also certifies that the accompanying proposal is not the result of, or affected by, any unlawful act of collusion with another person or company engaged in the same line of business or commerce. I hereby certify that I am authorized to sign as a representative for the firm: Complete Legal Name of Firm: Order from Address: Remit to Address: Fed ID No.: Signature: Name (type/print): Title: Telephone: ( ) Fax No.: ( ) Date: Notification of Award sent to: of Person Receiving Award Notification: 15

16 REFERENCE SHEET (Please type or print clearly in ink only) Packet No Portable Restrooms The Contractor shall have the capability and capacity in all respects to fulfill the contractual requirements to the satisfaction of the County. Indicate the length of time you have been in business as a company providing the type of service required for this contract. years months Provide a minimum of three (3) references that may substantiate your past work performance and experience in the type of work required for this contract. Name, address, phone number, scope of services performed, and contact person

17 STATISTICAL QUESTIONNAIRE -OPTIONAL (Please type or print clearly in ink only) Packet No Portable Restrooms The Ingham County Board of Commissioners monitors workplace demographics of proposers and vendors for statistical purposes and to indicate the need for inclusive outreach efforts to ensure that members of underutilized groups have equal opportunity to contract with the affected departments. To that end, the County requests vendors to submit as part of their response to any formal solicitations, the following workplace diversity information. Vendors are encouraged to complete as much information as possible. This information will be used for statistical purposes only. Statistical information shall be submitted to the County in a separate sealed envelope containing the notation STATISTICAL INFORMATION-NOT TO BE OPENED UNTIL AFTER THE AWARD OF THE CONTRACT. Upon receipt of these separate sealed envelopes, the Purchasing Department segregates the envelopes from the other proposal documentation. The envelopes containing the statistical information are not opened until the award of the contract, and are not considered, in any way, in the award of any contract. 1. What percentage of your firm s workforce is? Female Physically-disabled Veteran % % % African-American % Caucasian % Asian-Indian American % Hispanic-American % Asian-Pacific American % Native-American % 2. If your business is at least 51% owned by one of the following individuals, please check all that apply: Female African-American Caucasian Disabled Asian-Indian American Hispanic-American Veteran Asian-Pacific American Native-American 3. Complete Legal Firm Name: 4. Company Address: 5. Company Phone: ( ) Fax: ( ) 6. Name and title of person authorized to sign on behalf of your company: 7. Signature/date: 17