DIAMOND STATE PORT CORPORATION Port of Wilmington, DE REQUEST FOR PROPOSAL Renting of Forklift Trucks A. INTRODUCTION The Diamond State Port Corporation (DSPC) is interested in obtaining proposals from vendors experienced in supplying rental forklift equipment along with the ability to provide relevant parts and services for such. DSPC will review rental proposals to rent up to: Twenty-two (22) 4,000 lbs. capacity propane forklift trucks to transport palletized cargo. Two (2) 6,000 lbs. capacity propane 4-forks forklift trucks to transport palletized cargo. Five (5) 36,000 lbs. capacity diesel forklift trucks to transport steel. One (1) 52,000 lbs. capacity diesel forklift truck to transport steel. This RFP is part of a continuing effort to improve the facilities at the Port of Wilmington and to enhance growth opportunities for DSPC customers. Interested vendors are requested to submit six (6) sealed copies of a formal proposal for equipment to DSPC by 3:00 p.m. (EST) on Tuesday, July 19, 2016, at which time the proposals will be opened. Facsimile submissions are not acceptable. A vendor’s proposal must respond to each and every requirement outlined in the RFP. Proposals shall be submitted to: Victor Farkas, Controller Diamond State Port Corporation 1 Hausel Road Wilmington, Delaware 19801 B. EQUIPMENT DESCRIPTION Each 4,000 lbs. capacity propane forklift truck must have the following features: catalytic converter, side-shifting capability, triple-stage mast, solid pneumatic tires, two (2) 48-inch forks, back-up alarm and lights. Each 6,000 lbs. capacity propane forklift trucks must have the following features: catalytic converter, side-shifting capability, triple-stage mast, solid pneumatic tires, four (4) 48-inch forks, back-up alarm and lights. FY17 Annual Rental RFP June 27, 2016 Each 36,000 lbs. capacity diesel forklift trucks must have the following features: Monarch soft-shoe, or equivalent pneumatic tires, hydro-smooth hydraulic system, two (2) 96-inch forks, back-up alarm and lights, side-shifting capability and heated cab. Each 36,000 lbs. capacity forklift shall be capable of traveling at a maximum speed of 15 miles per hour. Each 52,000 lbs. capacity diesel forklift truck must have the following features: pneumatic tires, hydro-smooth hydraulic system, ram attachment, a pair of 96-inch forks, back up alarm, lights, side-shifting capability and heated cab. THE PROPOSED EQUIPMENT SHALL BE WARRANTED BY THE VENDOR TO BE ABLE TO EFFICIENTLY MOVE ALL SPECIFIED CARGO LOADS UP TO THE CAPACITY OF THE PROPOSED EQUIPMENT IN ALL WEATHER CONDITIONS WITHOUT ANY MODIFICATIONS AS DEPICTED IN SECTION “A”. C. CONTRACT PERIOD The estimated contract period is January 1, 2017 through May 31, 2017. The exact time period of this contract is contingent upon the arrival and volume of Chilean fruit and other cargo to DSPC. Forklifts rented per this agreement may be rented for less than the estimated five-month period. The request for equipment could be sooner than January 1, 2017. D. PRICING POLICY / OPTIONS Rates must be all inclusive (All-in): rent, freight, preparation, delivery (both to and from DSPC) and all maintenance (both labor and parts) by forklift weight capacity. The Pricing Worksheet – Schedule A, which is attached, must be completed as part of the proposal package. Pricing is to be done by the month. A month is defined as 4 consecutive weeks or 28 days. A partial month is defined as less than 28-days, and is to be considered as a partial month for this contract. DSPC expects to receive only one invoice per month from vendors for the equipment rented. The invoice will include, by machine, monthly or partial month with pro-rated charges. A partial month is to be calculated by the formula: the number of days a forklift is rented divided by 28 days “multiplied by” the monthly price/rate. Vendors may submit a proposal on one, all or a combination of the four (4) weight capacity machines: 4,000 lbs., 6,000 lbs. with 4-forks, 36,000 lbs. and 52,000 lbs. Separate contracts will be awarded for each specific weight capacity and truck design as depicted on the Pricing Worksheet - Schedule A. DSPC will not pay for rented machines in advance. An hourly rate per mechanic must also be furnished to cover damage repairs or other specific maintenance services as requested by DSPC, see attached Pricing Worksheet – Schedule A. Essential inventory parts are to be stored at DSPC on a consignment basis. The exact parts that will be stored will be agreed upon by both the winning vendor(s) and DSPC. All unused parts will be returned to the winning vendor(s) after the appropriate seasons. Prices and/or rates shall remain firm for the term of the contract, unless further negotiations are deemed necessary by DSPC. Notification to end a rental period for equipment will be communicated by DSPC via email or phone. FY17 Annual Rental RFP June 27, 2016 DSPC will have the option at the end of the initial term or any extension period to pursue a fair market value buy-out. Any buyout must be negotiated and agreed to no later than ninety (90) days prior to expiration of the initial term or extension period. E. TAX EXEMPTION Rented equipment and services are exempt from all Federal, State and Local taxes. Such taxes shall not be included in prices quoted, nor added to any invoice associated with a rental or purchase made under the resulting agreement. F. CONDITION OF RENTAL EQUIPMENT All rented equipment should be in good condition to assure safety to DSPC’s employees and to provide reliable cargo handling. All equipment is to be properly and routinely maintained by the vendor including inspecting and replacing worn tires and parts during the agreement/rented period. All rented equipment must have tires in good condition. None of the 4,000 lbs. or 6,000 lbs. equipment rented may be older than 4-years. As for the 36,000 lbs. and 52,000 lbs. machines, there is flexibility in the age of the equipment; however, the age of each machine must be depicted in the proposer’s submission. Both the vendor and DSPC will inspect all rented equipment at the time of delivery as well as at the time of departure. Damages, other than normal wear and tear, will be discussed and noted during these times. DSPC will record such information for every unit using the Equipment Condition Form - Schedule B (see attached). DSPC reserves the right to repair any and all damage. Any tire damaged by DSPC will be repaired or replaced by DSPC at its option; however, the vendor is responsible for the remaining tires for the same forklift. As part of the “All-in” cost, if both parties agree that a rented forklift truck needs to be replaced, the replacement truck must be delivered to the Port with-in 24-hours of the agreement. Request and consent to replace will be done via emails by both parties involved. An annual post-season meeting will be scheduled to discuss the rented equipment’s performance and damages, as well as the service provided by the vendor. G. GENERAL INFORMATION 1. Acceptance of Proposal Contents The contents of the proposal submitted by the successful vendor will become a part of any contract awarded as a result of these specifications. 2. Public Opening of Proposals The proposals shall be publicly opened at the time and place specified in Section A above. Vendors or their authorized representatives are invited to be present. However, for security reasons, every person planning to attend must send an email to: Frank Vignuli, Director of Operations, by 3:00 p.m. (EST) on July 18, 2016 with their full name and the name of the company which they represent. Each person will be required to provide a valid Government issued Photo ID (such as a driver’s license) at the gate to be allowed access to the DSPC office. FY17 Annual Rental RFP June 27, 2016 3. Public Inspection of Proposals The vendor may designate a portion of its proposal as trade secrets or proprietary data. The vendor shall isolate and identify in writing the confidential portions. The vendor shall include with this designation a statement that explains and supports the claim that the proposal items identified as confidential contain trade secrets or other proprietary data. Although reasonable efforts will be made to respect such wishes, DSPC is under no obligation to maintain the confidentiality of such information and accepts no liability for the release of such information. DSPC reserves the right to use any and all ideas/information submitted in any proposal. 4. Modifications to or Rejection of Proposals DSPC reserves the right to reject any or all proposals, to advertise for new proposals, to proceed to acquire similar equipment otherwise, to postpone the submission date, and to modify or to abandon the proposal, if, in the judgment of DSPC, it is in the best interest of the DSPC to do so. DSPC retains the right to use information published in media and on the internet about the availability of similarly capable equipment and may consider such information as proper proposals. DSPC reserves the right to waive any information requirement. DSPC shall have the authority to award contracts to the firm whose proposal is most advantageous to DSPC, taking into account the evaluation factors set forth in this Request for Proposal. DSPC is not obligated to award the contract to the firm that submits the lowest price or the highest scoring proposal. DSPC reserves the right to conduct discussions with vendors who submit proposals that are likely to be selected. 5. Government Regulations The successful vendor shall strictly comply with all applicable laws and regulations, including all applicable Federal, State, County and City statutes, ordinances, taxes and licenses in any manner affecting the rendering of rental of equipment services. The vendor shall indemnify and save harmless DSPC and employees and officers thereof against any claim or liability arising from or based upon the violation of any such laws, ordinances, regulations, orders, or decrees whether by himself or by his employees. 6. Non-performance If a vendor can not meet its awarded obligation (Number of Units Available from Worksheet A), the vendor must give DSPC at least 30-days notice of the shortfall prior to December 1, 2016. In the event the vendor does not fulfill its obligations under the terms and conditions of this contract, DSPC may rent equivalent forklift trucks on the open market. Any difference in cost between the contracted price herein and the price of open market product, plus an additional 25% administrative fee on the difference, shall be the responsibility of the vendor. Under no circumstances shall monies be due to the vendor in the event open market products can be obtained below contract cost. Any difference in cost between the contract price and the price on the open market plus the administrative fee may be deducted from an open invoice. FY17 Annual Rental RFP June 27, 2016 7. Poor Performance If a vendor cannot meet its obligation with regards to the quantity of equipment, reliability of equipment, maintenance of equipment, replacement of equipment, etc., the Port has the right to cancel the agreement in full at any time with the vendor. 8. Quantities The attention of vendors is called to the fact that the quantities given in the proposal are given as a basis for the comparison of proposals. DSPC has listed all quantities as “up to” and is not obligated to rent the maximum amount of trucks as listed on Page 1, Section “A”. 9. Delivery The successful vendor(s) agrees to deliver all forklift trucks, to the Port’s Shop area or some other pre-arranged Port location, 24-hours before the pre-arranged due date. Any variance by the vendor with regards to the delivery date must be discussed with the Maintenance Supervisor in advance. Substitution of equipment may be allowed with mutual agreement confirmed in writing by vendor and the Maintenance Supervisor. All substituted machines, including heavier capacity substitutions, are to be billed to DSPC at the contracted rate. 10. DSPC’s Responsibilities DSPC shall give prompt notice to the vendor(s) whenever DSPC observes or otherwise becomes aware of any development that affects the scope of the agreement. This would include termination of the Chilean Fruit Program. 11. Port Security Entrance onto the Port’s facility will require the winning vendor(s) to acquire, at their own expense, a Transportation Workers Identification Credential card (TWIC). Any person entering the Port must possess a TWIC card, which must be carried at all times while at the Port. The TWIC is an individualized card: non-transferable from person to person. 12. Force Majeure Neither the vendor nor DSPC shall be held liable for non-performance under the terms and conditions of this contract due, but not limited to, cancellation of the Chilean Fruit products import program, government restriction, strike, flood, fire, or unforeseen catastrophe beyond either party’s control. Each party shall notify the other in writing of any situation that may prevent performance under the terms and conditions of this contract. H. HOLD HARMLESS The vendor agrees that it shall indemnify and hold the Diamond State Port Corporation harmless from and against any and all claims for injury, loss of life, or damage to or loss of use of property caused or alleged to be caused, by acts or omissions of the vendor, its employees, and invitees on or about the premises and which arise out of the vendor’s performance, or failure to perform as specified in the Agreement. FY17 Annual Rental RFP June 27, 2016 I. MANDATORY INSURANCE REQUIREMENTS Any vendor, who submits a proposal to perform services at DSPC, must provide a Certificate of Insurance and/or copies of insurance policies for the following: 1. As a part of the contract requirements, the vendor shall obtain at its own cost and expense and keep in force and effect during the term of this contract, including all extensions, the minimum coverage limits specified below with a carrier satisfactory to the Diamond State Port Corporation. a) Comprehensive General Liability - $1,000,000.00 per occurrence/$2,000,000 aggregate per occurrence, and b) Product Liability - $1,000,000.00 per occurence/$2,000,000 aggregate per occurrence. 2. Automotive Liability Insurance covering all automotive units used in the work with limits of not less than $1,000,000 per occurrence for bodily injury and property damage. 3. Workers Compensation Coverage, providing a minimum of statutory limits as required by the State of Delaware. 4. Ten (10) days written notice of cancellation or material change of any policies shall be required. 5. Before a proposal can be considered, a Certificate of Insurance and/or copies of the insurance policies must be filed as part of the bid proposal. The certificate holder is as follows: Diamond State Port Corporation 1 Hausel Road Wilmington, DE 19801 J. PROPOSAL REQUIREMENTS The vendor shall provide the following information in its proposal: a. Firm History Name of Firm Location of principal and branch offices Length of time in business b. Equipment A vendor may submit more than one proposal. Each proposal shall provide at least the following information: Make and Model Capacity of each unit All inclusive price by unit as per Schedule A Delivery time from the awarding of the contract FY17 Annual Rental RFP June 27, 2016 c. Services Provided Mechanic to be available for on-call service Hourly cost of mechanic to perform non-preventive maintenance services Replacement trucks to be available due to rented equipment down time d. References Provide three (3) business references consisting of current or previous customers. Please include name, address, telephone number, and a contact person for each reference. K. CRITERIA FOR EVALUATING PROPOSALS It is anticipated that the contract for this RFP will be awarded to the vendor(s) whose proposal, in the sole opinion of DSPC, is most advantageous to DSPC, taking into account the evaluation factors set forth in this RFP. Contracts will be awarded to vendors by the four individual weight capacities. DSPC will evaluate proposals submitted considering, without limitation, the following factors and relative weight as follows: Unit pricing including freight, delivery and R&M services (Q) 50% Hourly mechanic rate for non-PM services (Q) Replacement trucks availability (Q) Mechanic availability for on-call service (Q) Past Experience with machine design and performance (S) 20% 15% 10% 5% Total Possible Score 100% Factors having quantitative rates or answer (marked “Q” above), points will be proportionate to each proposal’s response (see Schedule A). Factors that are qualitative (marked “S” above), will receive the average of points assigned by the Operations team members of the RFP committee. DSPC may schedule a pre-award meeting with selected vendors to discuss any topic depicted in the RFP. L. ADDITIONAL INFORMATION For questions, meeting times or additional information, firms may contact: Frank Vignuli, Director of Operations at: (302) 472-7695 or via email: fvignuli@port.state.de.us FY17 Annual Rental RFP June 27, 2016 Name of Proposing Company ____________________________________ DIAMOND STATE PORT CORPORATION EQUIPMENT RENTAL (Includes 4,000; 6,000; 36,000; 52,000 lbs units) PRICING WORKSHEET – SCHEDULE A Estimated Contract Period: January 1, 2017 through May 31, 2017 SIZE ESTIMATED QUANTITY (UP TO) 4,000 lbs 6,000 lbs 36,000 lbs 52,000 lbs 22 2 5 1 FUEL Propane Propane Diesel 2 – 48” 4 – 48” 2 – 96” Diesel Pair of 96” / Ram FORKS NUMBER OF UNITS AVAILABLE MONTHLY RENTAL RATE: “ALL-IN” PRICE PER UNIT REPLACEMENT TRUCKS AVAILABILE (Circle yes or no) MECHANIC AVAILABILE FOR ONCALL SERVICE (Circle yes or no) HOURLY MECHANIC RATE FOR DAMAGE REPAIRS OR DSPC REQUESTS $ $ $ $ $ YES or NO YES or NO YES or NO YES or NO YES or NO YES or NO YES or NO YES or NO $ $ $ THE “ALL-IN” UNIT RATE SHOULD INCLUDE FREIGHT, PREPARATION, DELIVERY, PICK-UP AND REPAIR AND MAINTENANCE COSTS. If Proposing Company is not interested in a certain capacity size, please note “N/A” in that Monthly Rental Rate box. FY17 Annual Rental RFP June 27, 2016 Diamond State Port Corporation Equipment Condition Form - Schedule B Comments: Hour Meter Out________ Hour Meter In__________ Date__________________________ DELIVERY Model #_______________________ Serial Number__________________ Fork Length____________________ Class H HI IV (circle one) MAST CARRIAGE LBR FORKS ATTACHMENT OHG CAB GLASS LIGHTS SEAT MANUAL HOOD STEERING COLUMN KEY DASH DATA PLATE FLOOR BOARDS FENDERS TIRES C.W. LP TANK LP BRACKET PIN Fuel: Gasoline/Diesel/Propane Propane tank quantity_____________ Electric: Battery S/N______________ Charger S/N_____________ Connector size: 175/350 Connector color: yellow/red/grey/blue Setting: 208/220/240/480 (1-single or 3-three phase) Attachment: Install or Remove Type_________________________ S/N__________________________ Backup Alarm: Install if needed! Customer Name________________ Customer #____________________ Contract #_____________________ TETHER LINE & BELT BATTERY CHARGER PAINT Shipping Date:_________________ Shipping Time:_________________ Hauler:________________________ Shop Location_________________ FY17 Annual Rental RFP PICK-UP Vendor Signature: Vendor Signature: DSPC Signature: DSPC Signature: Date: Date: June 27, 2016