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HomeMy WebLinkAboutAgenda Bill 3.G 05/17/20044 1 CITY OF PETALUMA, CALIFORNIA AGENDA BILLx Agenda Title Meeting Date , ' Resolution authorizing the City to reject all bids associated with the May 17, 2004 following Invitations to Bid: Meeting Time X 3:00 PM #2004 -02 - Public Works Vehicles (20) 7:00 PM #2004 -03 - Sport Utility Vehicles (4) #2004 -04 — Passenger Sedans (2) Category (check one) X Consent Calendar ❑ Public Hearing El New Business ❑ Unfinished Business ❑ Presentation Department Director 7 uontact Person Phone Number Finance Joseph N e Joseph Netter 778 -4323 Cost of Proposal N/A Account Number N/A Amount Budgeted N/A Name of Fund: N/A Attachments to Agenda Packet Item Agenda Bill Resolution Invitations to Bid: #2004 -02 - Public Works Vehicles (20) #2004 -03 - Sport Utility Vehicles (4) #2004 -04 — Passenger Sedans (2) Summary Statement The Public Works Department and the Community Development Department identified the need to replace vehicles that are worn out from excessive use. Invitation to Bid packages were sent to fourteen vendors, and an Invitation to Bid was printed in the Argus Courier. However, only one vendor, Henry Curtis Ford, Petaluma, submitted a bid package to the City. After reviewing the bids received, staff recommends the following: 1. Reject all bids received. 2. Send out new Invitation to Bid packages, with revised specification lists. The Henry Curtis Ford bid package is not presented with this Agenda Bill in order to prevent public disclosure of the Company's bid amounts prior to the next Invitation to Bid. Recommended City Council Action /Suggested Motion Recommend the Council authorize the City to take the following action: 1. Reject all bids received on Invitation to Bid packages #2004 -02 - Public Works Vehicles (20), #2004 -03 - Sport Utility Vehicles (4), and #2004 -04 - Passenger Sedans (2) 2. Send out new Invitation to Bid packages, with revised specification lists. e 'ewed by Finance Director: Reviewed by City Attorney Date: A rove ! City Manager: Date: Date: T da ' Date: Revision # and Date Revised: File Code: # Tuesday, May 4, 2004 #2004 -02- Public Works Vehicles, #2004 -03 -Sport Utility Vehicles, and #2004 -04- Passenger Sedans CITY OF PETALUMA, CALIFORNIA MONDAY, MAY 17, 2004 • AGENDA REPORT FOR AUTHORIZING THE CITY TO REJECT ALL BIDS ASSOCIATED WITH INVITATIONS TO BID #2004 -02 - PUBLIC WORKS VEHICLES (20) #2004 -03 - SPORT UTILITY VEHICLES (4), #2004 -04 — PASSENGER SEDANS (2). EXECUTIVE SUMMARY The Public Works Department and the Community Development Department identified the need to replace vehicles that are worn out from excessive use. Invitation to Bid packages were sent to fourteen vendors, and an Invitation to Bid was printed in the Argus Courier. However, only one vendor, Henry Curtis Ford, Petaluma, submitted a bid package to the City. After reviewing the bids received, staff recommends rejecting all bids and sending out new Invitation to Bid packages, with revised specification lists. 2. BACKGROUND The goal of Invitation to Bid process is to obtain competitive price quotes on vehicles and equipment that meet the City's specifications. However, because only one vendor responded to these Invitations to Bid, the City is not able to determine if the most competitive prices have been obtained. Therefore, the City requests authorization to reject all bids received on Invitation to Bid packages #2004 -02 - Public Works Vehicles (20), #2004 -03 - Sport Utility Vehicles (4), and #2004 -04 - Passenger Sedans (2), and 40. to send out revised Invitation to Bid packages. ALTERNATIV ES . Council could reject this request and give staff direction. 4. FINANCIAL IMPACTS None. CONCLUSION: Request City Council authorize the City to reject all bids received on Invitation to Bid packages #2004- 02 - Public Works Vehicles (20), #2004 -03 - Sport Utility Vehicles (4), and #2004 -04 - Passenger Sedans (2), and to send out revised Invitation to Bid packages. Ce After Council approval, vendors will be notified of the bid rejections, and new Invitation to Bid packages will be prepared and mailed to vendors. 7. RECOMMENDATION Approve the resolution authorizing the City to take the following action: 1. Reject all bids received on Invitation to Bid packages #2004 -02 - Public Works Vehicles (20), #2004 -03 - Sport Utility Vehicles (4), and #2004 -04 - Passenger Sedans. 2. Send out new Invitation to Bid packages, with revised specification lists. • RESOLUTION AUTHORIZING THE CITY TO REJECT ALL BIDS ASSOCIATED • WITH INVITATIONS TO BID #2004 -02 - PUBLIC WORKS VEHICLES (20), #2004 -03 - SPORT UTILITY VEHICLES (4), AND #2004 -04 — PASSENGER SEDANS (2). WHEREAS, Invitation to Bid packages were sent to fourteen vendors, and, WHEREAS, an Invitation to Bid was printed in the Argus Courier, and, WHEREAS, only one vendor, Henry Curtis Ford, Petaluma, submitted a bid package to the City, and, WHEREAS, after reviewing the bids, staff recommended that the Council authorize the City to reject all bids received on Invitation to Bid packages #2004 -02 - Public Works Vehicles (20), #2004 -03 - Sport Utility Vehicles (4), and #2004 -04 - Passenger Sedans (2), and to send out • revised Invitation to Bid packages. NOW, THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the City to reject all bids received on Invitation to Bid packages #2004 -02 - Public Works Vehicles (20), #2004 -03 - Sport Utility Vehicles (4), and #2004 -04 - Passenger Sedans (2), and to send out revised Invitation to Bid packages. • ri u Purchasing Office Finance Department CITY OF PETALUMA, CALIFORNIA INVITATION TO BID William J. Thomas Finance Director /Purchasing Officer BID DATA BID NUMBER: COMMODITY TITLE: BUYER: BUYER TELEPHONE: BUYER E -MAIL: ISSUE DATE: 2004 -02 Public Works Vehicles 2004 Susan Simmons 707 - 778- 4352/Fax 707 - 778 -4485 finance @ci.petaluma. ca. us April 5, 2004 BID OPENING DAY/DATE: • TIME: LOCATION/ MAIL ADDRESS: Tuesday, April 27, 2004 2:00 PM City Clerk's Office City of Petaluma 11 English Street Petaluma CA 94952 BID CONTENTS Section A: Section B: Section C. Section D: Section E. Instructions to Bidders Terms and Conditions Specifications Bids Prices Exceptions to Specifications Sealed written responses must be received at the address above no later than the date, time and location indicated for the Bid Opening. Submittal by fax is not acceptable. Do not send bids to the Purchasing Office. • ITB# 2004 -02 1 4/5/2004 0 SECTION A INSTRUCTION TO BIDDERS THIS IS NOT AN ORDER, BUT AN INVITATION TO BID (ITB) General: The City of Petaluma is seeking bids for the following: (1) One ton Commercial Extended Van/Wagon (15) % Ton Super Duty /Standard Cab /8 foot bed Pickup Truck (1) % Ton Super Duty /Standard Cab 4x2/6 foot bed Pickup Truck (3) Compact/Extended Cab /6 foot bed/Pickup Truck • Firm fixed price purchase orders will be issued for the required vehicles per specifications, terms and conditions, and other provisions outlined below. 1. Bid Preparation a. Bid format: Bids must be typewritten or prepared in ink and must be submitted on the forms provided in this ITB. No oral, telegraphic, telephone or facsimile bids will be accepted. • b. Conformance to bid requirements: Bids must conform to the requirements of the ITB. All necessary attachments (certifications, bid bond, list of subcontractors, etc.) must be submitted with bid and in the required format. Failure to comply with all requirements may result in bid rejection. c. Exceptions: Any deviation from the bid specifications, plans, terms and conditions may result in bid rejection. d. D. Signature on bid: Bids must be signed in ink by an authorized representative of the bidder. Signature on a bid certifies that the bid is made without connection with any person, firm or corporation making a bid for the same project and is in all respects fair and without collusion fraud. Signature on the bid also certifies that bidder has read and fully understands all bid specifications, plans, terms and conditions. No consideration will be given to any claim relating from quoting without comprehending all requirements of the ITB. Modifications: Modifications or erasures made before bid submission must be initialed in ink by the person signing the bid. Bids, once submitted may be modified in writing before the time and date set for bid closing. Any modifications shall be prepared on company letterhead, signed by an authorized representative and state the new document supersedes or modifies the prior bid. Modification must be submitted in a sealed envelope clearly marked "Bid ITB# 2004 -02 2 4/5/2004 Modification" and identifying the ITB number and closing date. Bidders may not modify bids after the bid deadline. f. Bid withdrawals: Bids may be withdrawn in writing on company letterhead signed by an authorized representative and received by the City Clerk's office prior to the deadline. Bids may be withdrawn in person before bid closing time upon presentation of appropriate identification. 2. Bid Submission a. Bids must be received prior to the deadline noted on the cover sheet and below. No bid received after the deadline time and date will be considered. To assure your bid is properly received, note the ITB number (2004 -02), date and time of the deadline in the lower left hand corner of your envelope. 3. Bid opening: a. The bids received will be opened after the 2:00 PM deadline on Tuesday, April 27, 2004. 4. Bid Evaluation and Award a. An award will be made on the basis of the evaluation criteria in the ITB. Ordinarily, bids will be evaluated to identify the "lowest responsible bidder." The "lowest responsible bidder" is the lowest bidder who has substantially complied with all requirements of the ITB and who can be expected to deliver promptly and perform reliably. • b. Method of award: The City reserves the right to make the award by item, groups of items, or entire bid, whichever is in the best interest of the City. The City reserves the right to award to more than one bidder. c. The City reserves the right to reject any and all bids. 5. Results of the ITB: a. Bidders will be notified via mail after the City Council has approved the purchase. 6. If you have any questions pertaining to the material contained herein, contact Chris Jones, at 707 - 778 -4433. 7. The deadline for submitting bids is 2:00 PMon Tuesday, April 27, 2004 at the City Clerk's Office, City Hall, 11 English Street, Petaluma CA 94952. 8. SECTIONS C, D, AND E ARE TO BE COMPLETED IN FULL AND SUBMITTED. Failure to complete all sections, submit all required information prior to the deadline would result in your bid not being considered for evaluation. Please retain the specifications, plans, terms and conditions. • ITB# 2004 -02 3 4/5/2004 • SECTION B TERMS AND CONDITIONS MATERIAL AND EQUIPMENT SPECIFIED BY NAME: Whenever any material or equipment is specified by patent or proprietary name or by the name of the manufacturer, unless stated differently, such specification shall be considered as if followed by the words "or acceptable equal ", whether or not such words appear. The seller may offer material or equipment with equal or better qualities and performance in substitution for those specified which he considers would be in the City's interest to accept. No verbal offers for substitution will be acknowledged or considered from contractors, distributors, manufacturers or subcontractors. Any such offers shall be made in writing to the Purchasing Officer for consideration with the submission of the proposal and the seller shall include sufficient data which, together with any other data the City may require, will enable the City to assess the acceptability of the material or equipment. Such acceptance by the City shall not relieve the seller from full responsibility from the efficiency and quality and performance of the substitute material or equipment, in the same manner and degree as the material and equipment specified by name. It should be understood that specifying a brand name, components and/or equipment in these specifications should not relieve the seller from full responsibility to produce the products in accordance with the performance warranty and contractual requirements. The seller is responsible for notifying the City of any inappropriate brand name, component and/or equipment that may be • called for in the specifications, and to propose a suitable substitute for consideration. MATERIALS & WORKMANSHIP: Materials used shall be of the best quality and applied in accordance with approved recommendations of the manufacture thereof. AWARD: The City of Petaluma reserves the right to accept bids on individual items listed, on group items, or on the proposal as a whole; to reject any and all bids; to waive any informality or irregularity in the bids; and to accept the bid that appears from all consideration to be in the best interest of the City of Petaluma. In determining and evaluating the best bid, the prices will not necessarily be controlling, but quality, equality, efficiency, utility, general terms, delivery, suitability of the equipment/material offered, maintainability of the equipment/material offered, and the reputation of the equipment/material in general use will also be considered with any other relevant factors. ORDER ACKNOWLEDGMENT: The successful seller, after receipt of a City of Petaluma Purchase Order, shall be required to furnish the City Purchasing Officer, when made available, a copy of the factory order acknowledgment or production date(s) for the equipment/material ordered. CONTRACT ADMINISTRATION: Except as otherwise specifically provided in this ITB and the resulting Purchase Contract or Purchase Order, any notice, submittal or communication required or permitted to be served on a party hereto, may be served by personal delivery to the person or the office of the person identified Service may also be made by mail, by placing a ITB# 2004 -02 4 4/5/2004 notice, submittal or communication in an envelope with the proper first -class postage affixed • thereto and addressed as indicated, and depositing said envelope in the United States mail (see Seller Supplied Data Section). OPTION TO INCREASE QUANTITY OF ORDERED UNITS: The City reserves the right to increase the quantity of ordered units shown on this ITB by issuance on the original purchase order or an additional purchase order not later than thirty (30) days after award of bid. The successful seller agrees to furnish to the City the additional ordered units at the unit price offered in this bid. MODIFICATION: The City of Petaluma, at any time prior to the delivery date specified on the resulting Purchase Order or Purchase Contract, may issue a written change order for any modifications. Such modifications shall be the result of negotiation and agreement between both parties. Oral change orders are not permitted. No change in this ITB or resulting Purchase Order or Purchase Contract shall be made unless the City of Petaluma gives its prior written approval from the Purchasing Office. The Seller shall be liable for all costs resulting from any unauthorized changes to the ITB, Purchase Order or Purchase Contract. TERIVIINATION OF CONTRACT TO PURCHASE: If at any time, in the opinion of the City Manager, 1) seller fails to conform to the requirements of this contract; 2) seller seeks relief under any law for the benefit of insolvents or is adjudicated bankrupt; 3) any legal proceedings are commenced against seller which may interfere with the performance of the contract; or 4) seller • has failed to supply an adequate working force, or material of proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified and intended in any by the terms of the contract, notice thereof in writing may be served upon him; and should he neglect or refuse to provide means for a satisfactory compliance with the contract as directed by the Purchasing Officer within the time specified in such notice, the City Manager in any such case shall have the right and power, at its option and without prejudice to any other right it may have, to terminate the contract. Any excess of the cost arising there from will be charged against the supplier and his sureties, who will be liable thereof. In the event of such termination, all monies due the supplier or retained under terms of the contract shall be forfeited to the City; but such forfeiture will not release the supplier or his sureties from liability for failure to fulfill the contract. TITLE: Title to the equipment/material shall pass to the City at the F.O.B. point designated under Delivery, subject to the right of the City to reject upon inspection. ACCEPTANCE AND PAYMENT: Acceptance shall be made at the time all equipment/material is operational and in proper working order as determined by and to the satisfaction of the City of Petaluma. Acceptance of the equipment/material shall be determined on the basis of technical completeness, performance and adherence to the operational requirements and functions of the specifications. Payment will be scheduled within thirty (30) days upon complete delivery and acceptance of all equipment/material and receipt of an original invoice for the equipment/material complying with r� ITB# 2004 -02 5 4/5/2004 • the terms and conditions of the award. The City reserves the right to withhold up to ten percent (10 %) of the purchase price in the event there is a conditional acceptance. In connection with any cash discount specified on the bid form, time will be computed from the date of complete acceptance of the equipment/material, or from date correct invoices are received in the City Finance Office, P.O. BOX 61, Petaluma CA 94953, if the latter date is later than the date of complete acceptance. For the purpose of earning the discount, payment is deemed to be made on the date of mailing of the City check or transfer of funds. ASSIGNMENT AND SUBCONTRACTING: The seller shall not assign or subcontract the work, or any part thereof, without the previous written consent of the City, nor shall he assign, by power of attorney or otherwise, any of the money payable under this contract unless written consent of the City has been obtained. No right under this contract, nor claim for money due or to become due hereunder shall be asserted against the City, or persons acting for the City, by reason of any so- called assignment of this contract or any part thereof, unless such assignment has been authorized by the written consent of the City. In case the seller is permitted to assign monies due or to become due under this contract, the instrument of assignment shall contain a clause subordinating the claim of the assignee to all prior liens for services rendered or materials supplied for the performance of work. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by him, the seller upon notice from the City shall immediately terminate his subcontract. The seller shall be fully responsible and accountable to the City for the acts and omissions of his subcontractors, and of persons directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. Nothing contained in this contract shall create any contractual relation between any subcontract and the City. FEDERAL AND STATE TAX: The City is exempt from excise taxes and transportation tax. Tax exemption certificates will be signed for merchandise delivered to the City upon request. The bid should not include those taxes. Transportation tax requires no exemption certificates, but goods must be consigned to the City. California sales tax of 7.5% will be paid in accordance with the contract payment schedule. LEGALITY: If any provisions of this ITB shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. CALIFORNIA LAW: This ITB shall be governed according to the laws of the State of California and the Charter and Municipal Code of the City of Petaluma. COMPLIANCE WITH LAWS AND REGULATIONS: All materials, parts and equipment furnished pursuant to these specifications shall be in compliance with all federal laws, the laws and regulations of the State of California, OSHA, California Emissions and the California Uniform Commercial Code. The seller shall, if requested by the City, supply certification and evidence of such compliance. r� ITB# 2004 -02 6 4/5/2004 All machinery, materials, supplies and equipment furnished shall be in full accordance with the • latest Cal/OSHA rules and regulations. Seller or Lessor warrants that he and each of his subcontractors shall, in performance of this contract or purchase order, comply with each and every compliance order issued pursuant to Cal /OSHA. The Seller or Lessor assumes full and total responsibility for compliance with Cal /OSHA standards by his subcontractors as well as himself. The cost of complying with any compliance order and payment of any penalty assessed pursuant to Cal /OSHA and the cost of placing non - conforming machinery, supplies, materials and equipment in compliance with Cal /OSHA shall be borne by the Seller or Lessor. Seller or Lessor shall save, keep and hold harmless the City, and all officers, employees and agents thereof, from all liability, cost or expenses in law or in equity which may at any time arise or be set up because of Seller's or Lessor's, or his subcontractors', non - compliance or alleged non- compliance with Cal /OSHA requirements, or failure to provide machinery, materials, supplies or equipment which conforms to Cal /OSHA. Nothing contained herein shall be deemed to prevent the Seller or Lessor or his subcontractors from otherwise allocating between themselves responsibility for compliance with Cal /OSHA requirements; R12yided, however that the Seller or Lessor shall not thereby be, in any manner whatsoever, relieved of his responsibility to the City as hereinabove set forth. PATENTS AND ROYALTIES: The seller, if his bid is accepted, shall defend any and all suits and assume all liability for the use of any patent process, device or article forming a part of the apparatus or any appliance furnished under the contract. All costs involved in fees, royalties or claims for any patented invention, article, process or method that may be used upon or in any manner connected with the supply of this material/equipment shall be paid by the supplier. Should the supplier, his agent or employees or any of them be enjoined from furnishing or using any invention, article, material or plans supplied or required to be supplied or used under the contract, the supplier shall promptly substitute other articles, materials or appliances in lieu thereof equal finish, efficiency, quality, suitability and market value, and satisfactory in all respects to the City. Or in the event that the City elects, in lieu of such substitution, to have supplied and to retain and use any such inventions, articles, materials or plans as may be required to be supplied, the supplier shall pay such royalties and secure such valid licenses as may be requisite for the City, its officers, agents, and employees, or any of them to use such invention, article, materials or appliances without being disturbed or in any way interfered with by any proceeding in the law or equity on account thereof. Should the supplier neglect or refuse to make the substitution promptly or to pay such royalties and secure such licenses as may be necessary, then in the event the City shall have the right to make such substitution or the City may pay such royalties and secure such licenses and charge the supplier even though final payment under the contract may have been made. INDEMNITY AND HOLD HARMLESS AGREEMENT: Seller agrees to accept all responsibility for loss or damage to any person or entity, and to defend, indemnify, hold harmless and release the City, its officers, agents and employees, from and against any and all actions, claims, damages, disabilities, or costs of litigation that may be asserted by any person or entity, arising out of or in connection with the negligent or willful misconduct in the performance by seller hereunder, whether or not there is concurrent, passive or active negligence on the part of the City, but excluding liability due to the sole active negligence or willful misconduct of the City. This indemnification obligation is not limited in any way by any limitation on the amount or type C. ITB# 2004 -02 7 4/5/2004 • of damages or compensation payable to or for seller or its agents under Workmen's Compensation acts; disability benefits acts or other employee's benefits acts. Seller shall be liable to the City for any loss or damage to City property arising from or in connection with seller performance hereunder. WARRANTY: The seller shall state on the Required Data Section the terms and conditions of the warranty being offered with the equipment bid. It is understood by the seller, and a condition of these specifications to which all sellers agree, that the City will not issue complete acceptance until the above warranty is furnished the City by means of filing with the City Purchasing Officer. In all purchases by the City of Petaluma, availability and accessibility of warranty service, and service after warranty will be considered in determining the best value bid. NOTE: Refer to Special Provisions Section and/or Minimum Specifications for extended warranty requirements. PROPOSAL CONTENTS: This proposal consists of the Specifications, Terms and Conditions, other sections and attachments. TITLE: Title to the equipment/material shall pass to the City at the F.O.B. point designated under Delivery subject to the right of the City to reject upon inspection. INSPECTION: The City reserves the right and shall be at liberty to inspect all materials and workmanship and shall have the right to reject all materials and workmanship which do not conform with the equipment/material specification provided; however, the City is under no duty to make such inspection. Should it be determined, after inspection, that corrections are needed to bring the equipment/material up to the specifications of the bid award, the City, for the purpose of earning the discount, may extend the date of complete acceptance beyond the date of delivery. SPECIAL TERMS AND CONDITIONS 1. ILLUSTRATIVE AND TECHNICAL DATA: Bidder shall submit with his bid complete and current illustrative and technical data on the proposed equipment/material. Failure to provide this information may be sufficient to declare the bid non - responsive. 2. DEALER PREPARATION: Bid prices must include all necessary dealer preparation applicable to new equipment, and destination delivery charges from the factory to the dealer. DEALER REGISTRATION: It shall be the responsibility of the seller to: a. Provide the equipment/material with Department of Motor Vehicles temporary operators permit upon delivery. 40 ITB# 2004 -02 8 4/5/2004 b. Furnish the City with the required proof of ownership for the equipment/material, is along with all documentation required by the State of California for vehicle registration. 4. DELIVERY: Failure by the successful seller to notify the City of Petaluma immediately of any delivery beyond the stated date or terms is cause for him to be held responsible for damages incurred as a result of an extended delivery time. a. Prior to delivery the equipment /material shall be completely assembled as necessary to assure proper operation and function. b. All equipment/material, spare parts and supplies shall be delivered F.O.B. destination, delivery charges prepaid and added, to the following location: CITY OF PETALUMA CORPORATION YARD 840 HOPPER STREET PETALUMA CA 94952 5. DELIVERY CHARGES: Delivery charges to the City of Petaluma shall be listed as a separate line item in Section D. 6. RIGHT TO INSPECT: The City's Purchasing Officer and a representative of the Public Facilities and Services Department reserve the right to inspect records and/or vehicle prior to final acceptance. 7. SMOG CERTIFICATE: Seller shall pay for smog certification, and supply a co of the smog certificate. PY 8. OWNERSHIP DOCUMENTATION: Seller shall supply ownership documents free and clear. Seller shall also complete a Department of Motor Vehicles Transfer of Ownership, Dealer's Report of Sale, Bill of Sale, and other documents for registration by the City. 9. DELIVERY: Actual delivery of the vehicles will be determined at the time the Purchase Order is issued. The City, as a condition of the overall bid, reserves the right to reject a bid if delivery is not acceptable. No delivery of vehicles will be allowed before a City of Petaluma Purchase Order is issued and signed by the Finance Director. • ITB# 2004 -02 4/5/2004 SECTION C SPECIFICATIONS ITB 2004 -02 General It is the intent of the specifications below to describe the minimum requirements for the desired vehicles. The vehicles shall meet or exceed the construction and performance specifications described in the following minimum specifications. The seller shall be required to mark compliance to the section of the specifications in the space provided. Special items needed to bring the vehicle up to specifications shall be accepted only if they are the manufacturers regular or approved factory options. Any deviations from the written specifications shown in the ITB shall be noted in Section E Exceptions. In order to receive full consideration, the bid must follow these specifications and the ITB's terms and conditions. Please complete the following pages and submit with your bid package. • • ITB# 2004 -02 10 4/5/2004 • 0 ONE TON COMMERCIAL EXTENDED VAN/WAGON /138" WHEEL BASE SPECIFICATIONS ITB# 2004 -02 11 4/5/2004 Does 1 "Ton Commercial Extended Van/ Wagon/ 138" Wheel Base Not Commercial Van Meets Meet Specs I Specs Exterior body color to be white -white Interior color to be gray Cab: Extended Drive: 4x2 Wheelbase: 138.0 GVWR. Obs) 9.400 • Powertrain 5.4L SEFI V -8 gasoline engine or equivalent/with exterior heavy -duty engine cooler, fail safe cooling system 4 speed heavy -duty electronic automatic overdrive transmission/with heavy- duty exterior transmission cooler 4x2 rear wheel drive Trailer tow package To include: 10000lbs hitch, w/ 2" ball pintle & receiverl Axle Front axle: Independent front suspension/ Front stabilizer bar/ Heavy Duty front and rear shock absorbers Rear axle: Semi floating, capacity (rating round 6,340lbs. ratin Rear axle ratio: 9.75 Power steering XR -50 (in Steerin Tires/Rims 5 P245/75RX- I 6E BSW all- season SBR BSW tires (4 ) Steel wheels with wheel covers, (1) steels are wheel, with spare tire Brakes Front/rear disc dual piston pin- spider calipers, bolt -on adapters, wrap- around tie bars brake (rear brakes) foot op erated, hand release • ITB# 2004 -02 12 4/5/2004 Electrical 750 CCA batte with run down protection 130-amp alternator, 1950 watt (6G Trailer 7- wire harness and 7 way RV blade type connector and mounting bracket with trailer brake wiring, feed kit in cab no controller) Fuel Tank 35.0-gallon fuel tank Exhaust Aluminized stainless steel exhaust system Exterior Below e e line automatic exterior mirrors Chrome front bumper - Composite halogen headlamps - Engine compartment light Ad intermittent windshield wipers Insulation in dash, doors, under hood, instrument panel, and cow /fender sea] Painted h du rear step bumper, with license late bracket and illumination 0 v Rear area of cargo van not to have an windows to include doors To have Side door sliding or 60/40 type Interior Front seat to be bucket type vinyl; color: light gra Floor covering to be heavy-du rubber Front and Caro Area Heavy-duty removable rubber floor mats Gauges incl: speedometer, odometer, trip odometer, tachometer, voltmeter, fuel level, engine tem erature, oil pressure Warning light incl: safety belt, parking brake /ABS, direction/hazard, high beam; warning tones incl: headlights on, turn signal on Flash to pass feature Air conditionin AM/FM stereo seek -scan, digital clock, (4 ) speakers Glove box Cigarette lighter I Dash - mounted covered power outlets 2 Rear stowage compartments Manual day/night inside rearview mirror LH/RH color -keyed molded plastic door trim panels with cloth upper inserts, integral padded armrest, molded 2ockets Color-keyed cloth headliner RH/LH color-keyed padded cloth sunshades R/H visor mirror Lamps incl: dome, under hood, glove box, ashtra Illuminated entry/exit feature 0 is • ITB# 2004 -02 13 4/5/2004 • EPA • Fuel Economy Ratings To meet or exceed EPA fuel standards To meet California/Federal emissions Safety 4 -wheel anti -lock brakes Driver and front passenger airbags Front/rear la /shoulder seat belts Side impact door beams Dual tone horn Back up lights Code 3 Force 4 LP Beacon PSE 6150 to be mounted on roof of cab. To be installed with toggle style switch and pilot light to be mount in dash accessible from driver's position. Federal Arrow Directional light SML 8 -30 8 Lamp to be mounted at top rear of cab. Federal Arrow Directional Light Controller Deluxe 8 Model 331102 to be mounted on or under dash, accessible from drivers position Back up alarm to meet Cal -OSH industrial standard To beequipped with safety drivers bulk head with lockable door Other Tools to include: mechanical 2 ton jack, wheel wrench, gloves, and courtesy mat 4 sets Single 2 -sided key for ignition, doors Full set of factory repair and parts manuals: service, electrical, emission, Powertrain, engine, body, etc. Racks and Bins /Fully installed steel shelving, draws and cabinets cargo area to be approved before build by City of Petaluma staff. Including durable liner panels of high density polyethylene covering walls and ceilin Multi RV style cargo area lighting, to illuminate entire cargo area with no shaded areas. Dual Ladder/ pipe heavy duty roof rack mounted 10 -year 100,000 mile bumper -to- bumper ITB# 2004 -02 14 4/5/2004 • • 3/4 TON SUPER DUTY 6 FOOT BED SUPER CAB 4x2 WITH 142.0" WHEEL BASE PICKUP TRUCK SPECIFICATIONS 0 ITB# 2004 -02 15 4/5/2004 • Does Not Meets Meet '/ Ton Super Duty 611 Bed /Super Cab 4X2 /with 142.0 Wheel Base Specs Specs Exterior body color to be white -white Interior color to be gra Cab: extended Drive: 4x2 Wheelbase: 142.0 GVWR: (lbs) 8,800 Powertrain 5AL SEFI V -8 gasoline engine or equivalent/with exterior heavy duty engine cooler 4 speed heavy duty electronic automatic overdrive transmission /with heavy duty exterior transmission cooler 4x2 rear wheel drive Trailer tow package To include: I0000lbs hitch, w/ 2" ball pintle & receiver • Axle Front axle: twin I -Beam IFS, capacity (rating round) 4,850 lbs. ratin Rear axle: full floating, ca aci ratin round 6,084 lbs. rating Rear axle ratio: 4.10 Steerin Power Steeriig XR -50 (including steering damper Tires/Rims 5) LT265/75R -16E BSW all- season SBR BSW tires (4 ) steel wheels with wheel covers, (1 ) steels are wheel, with - spare tire !]E an EF��F RrnkPc Front/rear disc dual piston pin- spider calipers, bolt -on adapters, wrap- around tie bars Parking brake (rear brakes ) foot operated, hand release • ITB# 2004 -02 KIM 4/5/2004 Electrical 750 CCA batte a with run down Protection 130-amp alternator, 1950 watt (6G Trailer 7- wire harness and connector /trailer brake wiring /feed kit (in cab no Fuel Tank 29.0-gallon fuel tank Exhaust System Aluminized stainless steel exhaust system Exterior Below eye line automatic exterior mirrors Chrome front bum er Composite halogen headlamps Engine compartment light Ad intermittent windshield wipers Insulation in dash, doors, under hood, instrument panel, and cow /fender seal Painted heavy duty rear step bumper, with license plate bracket and Illumination Interior Ft to be bench e vin 1; color: li ht ra e foldin bench e vin l; color: light a to be hea -du rubber removable rubber floor mats s entry assen er seat feature (2 rear doors) Gauges incl: speedometer, odometer, trip odometer, tachometer, voltmeter, fuel level, engine tem erature, oil pressure Warning lights incl: safety belt, parking brake /ABS, direction/hazard, high beam; warning tones incl: headli hts on, turn signal on Flash to pass feature Air conditionin AM/FM stereo seek -scan, di ital clock, (4 speakers Glove box Ci arette li hter 1 Dash- mounted covered ower outlets 2 Rear stowage compartments Manual da /ni ht inside rearview mirror LH/RH color -keyed molded plastic door trim panels with cloth upper inserts, integral padded armrest, molded ockets Color-keyed cloth headliner RH/LH color-keyed padded cloth sunshades R/H visor mirror Lamps incl: dome, under hood, glove box, ashtra Illuminated entry/exit feature EP2 Fuel Economy Ratings To meet or exceed EPA fuel standards To meet California/Federal emissions 0 • • ITB# 2004 -02 17 4/5/2004 • Safe 4 -wheel and -IOCK brakes Driver and front assen er airbags Front/rear la /shoulder seat belts Side impact door beams Dual tone horn Back up lights Back up alarm to meet Cal -OSH industrial standard Other Too] to include: mechanical 2 -ton j ack, wheel wrench, gloves, and courtesy mat 4 sets of single 2 -sided key for ignition, doors Full set of factory repair and part manuals: service, electrical, emission, _jR ower train, en ine, body, ETC. Bed Liner 5 year Warran Better Built Tool Box Part#24102 to be mounted Warra • • ITB# 2004 -02 18 4/5/2004 • 0 3/4 TON SUPER DUTY STANDARD CAB WITH EIGHT - FOOT BED, 137" WHEEL BASE PICKUP TRUCK SPECIFICATIONS ITB# 2004 -02 19 4/5/2004 • Does Not '/ "Ton Super Duty / Standard Cab / 8ft Bed/ 137" Wheel Base Meets Meet Pickup Truck I Specs Specs color to be white -white r to be ra M body rd Trailer tow package To include: I0000lbs hitch, w/ 2" ball pintle & receiver 137.0 s 8,800 Powertrain 5.4L SEFI V -8 gasoline engine or equivalent/with exterior heavy -duty engine cooler 4 speed heavy -duty electronic automatic overdrive transmission/with heavy- duty exterior transmission cooler 4x2 rear wheel drive Trailer tow package To include: I0000lbs hitch, w/ 2" ball pintle & receiver • Axle Front axle: twin I -Beam IFS, ca aci (rating round 4,850 lbs. ratin Rear axle: full floating, ca aci (rating round) 6,084 lbs. ratin Rear axle ratio: 4.10 . I - — EHI Power steering XR -50 (incl Tires/Rims 5 LT265/75R -16E BSW all- season SBR BSW tires 4) Steel wheels with wheel covers, I) steels are wheel, with spare tire hanger f Rrnk-f-. • Front/rear disc dual piston pin- spider calipers, bolt -on adapters, wrap- around tie bars Parking brake (rear brakes ) foot o erated, hand release Electrical 750 CCA battea with run down protection 130-amp alternator, 1950 watt 6G) Trailer 7- wire harness and 7 way RV blade type connector and mounting bracket with trailer brake wiring, feed kit (in cab no controller) Fuel Tank 38.0-gallon fuel tank Exhaust System Aluminized stainless steel exhaust system ITB# 2004 -02 20 4/5/2004 Exterior Below eye line automatic exterior mirrors Chrome front bumper Composite halogen headlamps Engine compartment light Ad intermittent windshield wipers Insulation in dash, doors, under hood, instrument panel, and cow /fender seal Painted heavy duty rear step bumper, with license plate bracket and illumination Interior Front seat to be bench type vinyl; color: light gra Floor covering to be heavy-duty rubber - Heavy-duty removable rubber floor mats Gauges incl: speedometer, odometer, trip odometer, tachometer, voltmeter, fuel level, engine temperature, oil pressure Warning light incl: safety belt, parking brake /ABS, direction /hazard, high beam; - warning tones incl: headlights on, turn signal on Flash to pass feature Air conditionin AM/FM stereo seek -scan, digital clock, 4 speakers Glove box - Cigarette lighter 1 Dash - mounted covered power outlets 2 Rear stowage compartments Manual day/night inside rearview mirror LH/RH color -keyed molded plastic door trim panels with cloth upper inserts, - integral padded armrest, molded pockets - Color-keyed cloth headliner RH/LH color-keyed padded cloth sunshades R/H visor mirror - Lamps incl: dome, under hood, glove box, ashtra Illuminated entry/exit feature EPA Fuel Econom Ratings To meet or exceed EPA fuel standards To meet California/Federal emissions Safety 4 -wheel anti -lock brakes Driver and front passenger airbags Front/rear la /shoulder seat belts Side impact door beams Dual tone horn Back up lights Code 3 Force 4 LP Beacon PSE 6150 to be centered mounted on roof of cab. To be installed with toggle style switch and pilot light to be mount in dash accessible from driver's position. Federal Arrow Directional light SML 8 -30 8 Lamp to be mounted at top rear of cab. Federal Arrow Directional Light Controller Deluxe 8 Model 331102 to be mounted on or under dash, accessible from drivers position Back up alarm to meet Cal -OSH industrial standard L ' • ITB# 2004 -02 21 4/5/2004 • • • Other Tools to include: mechanical 2 ton jack, wheel wrench, gloves, and courtesy mat Single 2 -sided key for ignition, doors Full set of factory repair and parts manuals: service, electrical, emission, Powertrain, engine, body, etc. Bed Liner 5 year Warran Better Built Tool Box Part#24102 to be mounted Heavy Duty Lumber / Pipe Rack to be mounted Warran 10- ear 100,000 mile bumper-to-bumper ITB# 2004 -02 22 4/5/2004 COMPACT/EXTENDED CAB 6 FOOT BED 125.7" WHEELBASE PICKUP TRUCK ITB# 2004 -02 23 4/5/2004 • Does Not Compact / Extended Cab / 6ft Bed /125.7" Wheel Base Meets Meet Pickup Truck Specs Specs Exterior body color to be white -white Interior color to be gra Cab: extended Drive: 4x2 Wheelbase: 125.7" GVWR. lbs 4940 Powertrain 3.OL V6 gasoline engine orequivalent 3.OL OHV V6 FFV Electronically Controlled 5 -speed automatic overdrive transmission orequivalent 4x2 rear wheel drive Front axle: Twin forged upper SLA, Coil Springs IFS, capacity (rating @ round ) 2,625 lbs. ratin Rear axle: semi floating, capacity (rating round 2,750 lbs. ratin Rear axle ratio: 3.55 Axle • Steerin Power steering XR -50 (including steering damper) Tires/Rims (5) P225 /70Rx15SL- A /S -BSW steel belted radial tires, with rear under frame crank down type spare tire carrier (4) Argent steel 5 -hole disc wheels, with wheel covers, (1) steel spare wheel, 15" x 6.0" JJ Brakes • Front/rear disc dual piston floating caliper, self adjusting, 4 wheel ABS, front size 11.28" diameter, rear size 10'x2.50" Parking brake rear brakes foot operated, hand release Electrical 540 CCA battery with run down protection, maintenance free 95 -amp alternator, 1425 watt (3G) Fuel Tank 19.5-gallon fuel tank Exhaust System Aluminized stainless steel exhausts stem Exterior Below eye line exterior mirrors Chrome front bumper ITB# 2004 -02 24 4/5/2004 Composite halogen headlamps En ine compartment light Ad intermittent windshield wipers Insulation in dash, doors, under hood, instrument panel, and cow /fender sea] Painted heavy duty rear step bumper, with license plate bracket and illumination Interior Front seat to be bench type vinyl; color: light gra Floor covering to be heavy-duty rubber Hea -duty removable rubber floor mats Gauges incl: speedometer, odometer, trip odometer, tachometer, voltmeter, fuel level, engine temperature, oil pressure Warning light incl: safety belt, parking brake /ABS, direction/hazard, high beam; warning tones incl: headlights on, turn signal on Flash to pass feature Air conditionin AM/FM stereo seek -scan, digital clock, (4) speakers Glove box - Cigarette li hter 1 Dash - mounted covered power outlets 2 Rear stowage compartments Manual day/night inside rearview mirror LH/RH color -keyed molded plastic door trim panels with cloth upper inserts, integral padded armrest, molded pockets - Color-keyed cloth headliner RH/LH color-keyed padded cloth sunshades R/H visor mirror - Lamps incl: dome, under hood, glove box, ashtra Illuminated entry/exit feature EP) Fuel Economy Ratings To meet or exceed EPA fuel standards To meet California/Federal emissions Other Tools to include: mechanical 2 ton jack, wheel wrench, gloves, and courtesy mat Single 2 -sided key for ignition, doors Full set of factory repair and parts manuals: service, electrical, emission, Powertrain, engine, body, etc. Bed Liner 5 year Warrant Better Built Too] Box to be mounted • • Warran 10- ear 100,000 mile bum er -to -bum er I I 1 • ITB4 2004 -02 25 4/5/2004 • SECTION D BID ITB 2004 -02 PUBLIC WORKS VEHICLES BIDDER'S QUOTE 1 TON COMMERCIAL EXTENDED VAN a Price of Vehicle b Number of Vehicles 1 c Total cost of vehicles (a x b) d Percentage sales tax 7.50% e Total sales tax (c x d) f Delivery TOTAL COST (c + e +f) 314 TON STANDARD CAB18 FOOT BED PICKUP TRUCK a Price of Vehicle b Number of Vehicles 15 c Total cost of vehicles (a x b) • d Percentage sales tax 7.50% e Total sales tax (c x d) f Delivery TOTAL COST (c + e +f) 314 TON STANDARD CAB16 FOOT BED PICKUP TRUCK a Price of Vehicle b Number of Vehicles 1 c Total cost of vehicles (a x b) d Percentage sales tax 7.50% e Total sales tax (c x d) f Delivery TOTAL COST (c + e +f) COMPACT /EXTENDED CAB16 FOOT BED PICKUP TRUCK a Price of Vehicle b Number of Vehicles 3 c Total cost of vehicles (a x b) d Percentage sales tax 7.50% e Total sales tax (c x d) f Delivery TOTAL COST (c + e +f) • ITB# 2004 -02 26 4/5/2004 DELIVERY INFORMATION: Delivery to the City will occur within the following • timelines: Commercial Van: Delivery to the City will occur within calendar days after receipt of purchase order. % Ton /8 foot bed Pickup Truck: Delivery to the City will occur within calendar days after receipt of purchase order. % Ton /6 foot bed Pickup Truck: Delivery to the City will occur within calendar days after receipt of purchase order. Compact/Extended Cab /6 foot bed: Delivery to the City will occur within calendar days after receipt of purchase order. ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** The undersigned declares that before preparing their bid, they read carefully the specifications and requirements for Bidders and that their bid is made with full knowledge of the kind, quality and quantity of services and equipment to be furnished, and their said bid as stated on these pages. The undersigned offers and agrees, if this bid is accepted, within forty-five (45) calendar days from date of opening, to furnish any or all of the items upon which prices are offered at the price set opposite each item, delivered at the designated point(s) within the time specified. • .......................................... ............................... DISCOUNTS AVAILABLE: Percent discount if payment is made within 10 calendar days after delivery Percent discount if payment is made within 20 calendar days after delivery Percent discount if payment is made within 30 calendar days after delivery Bidder does not offer any discounts or will provide the following discount(s): • ITB# 2004 -02 27 4/5/2004 • AUTHORIZATION • Company Name: Address: City /State /Zip: Telephone No. Signature of Person Authorized To Sign Type Name of Signer Title Date: ITB# 2004 -02 28 4/5/2004 SECTION E EXCEPTIONS TO THE SPECIFICATIONS Exceptions to the specifications of any items shall be fully described in writing by the contractor in the space provided. If additional sheets are required, please identify them as "Exceptions to the Specifications" and attached to the bid package. • • • ITB# 2004 -02 29 4/5/2004 • CITY OF PETALUMA, CALIFORNIA INVITATION TO BID Four (4) MID -SIZED SPORT UTILITY VEHICLES (SUV's) BID DATA BID NUMBER: COMMODITY TITLE: BUYER: BUYER TELEPHONE: ISSUE DATE: Purchasing Office Finance Department William J. Thomas, Finance Director/Purchasing Officer 2004 -03 Four (4) 2004 Mid -Size Sport Utility Vehicles (SUV'S) Susan Simmons 707 - 778- 4322/Fax 707 - 778 -4428 April 5, 2004 BID OPENING • DAY/DATE: Tuesday, April 27, 2004 TIME: 2:00 PM LOCATION/ City Clerk's Office MAIL ADDRESS: City of Petaluma I I English Street Petaluma, CA 94952 BID CONTENTS C Section A: Section B: Section C. Section D: Section E. Section F. Instructions to Bidders Terms and Conditions Bid Specifications Exceptions to Specifications Additional Information Sealed written responses must be received at the address above no later than the date, time and location indicated for the Bid Opening. Submittal by fax is not acceptable. Do not mail bids to Purchasing Office. 4/5/2004 SECTION A INSTRUCTION TO BIDDERS FOUR (4) 2004 MID -SIZE SPORT UTILITY VEHICLES (SUV's) THIS IS NOT AN ORDER, BUT AN INVITATION FOR BID General: This Invitation to Bid (ITB) serves as a notice inviting bids in accordance with Petaluma Municipal Code 4.04.080. The City of Petaluma is seeking bids for the following: A firm fixed price purchase order will be issued for four (4) Mid -size sport utility vehicles (SUV'S) per specifications, terms and conditions, and other provisions outlined below. Note: An Extended Warranty for the vehicles being bid is requested. Pricing is being requested for 6- years /100,000 miles with bumper -to- bumper coverage and $500 deductible. 1. Bid Preparation A. Bid format: Bids must be typewritten or prepared in ink and must be submitted on the forms provided in this Invitation for Bid. No oral, telegraphic, telephone or facsimile bids will be accepted. • B. Conformance to bid requirements: Bids must conform to the requirements of the Invitation for Bid. All necessary attachments (certifications, bid bond, list of subcontractors, etc.) must be submitted with bid and in the required format. Failure to comply with all requirements may result in bid rejection. C. Exceptions: Any deviation from the bid specifications, plans, terms and conditions may result in bid rejection. D. Signature on bid: Bids must be signed in ink by an authorized representative of the bidder. Signature on a bid certifies that the bid is made without connection with any person, firm or corporation making a bid for the same project and is in all respects fair and without collusion fraud. Signature on the bid also certifies that bidder has read and fully understands all bid specifications, plans, terms and conditions. E. Modifications: Modifications or erasures made before bid submission must be initialed in ink by the person signing the bid. Bids, once submitted may be modified in writing before the time and date set for bid closing. Any modifications shall be prepared on company letterhead, signed by an authorized representative and state the new document supersedes or modifies the prior bid. Modification must be submitted in a sealed envelope clearly marked "Bid Modification" and identifying the ITB • number and closing date. Bidders may not modify bids after the bid deadline. F. Bid withdrawals: Bids may be withdrawn in writing on company letterhead signed by an authorized representative and received by the City Clerk's office prior to 4/5/2004 the deadline. Bids may be withdrawn in person before bid closing time upon presentation of appropriate identification. 0 2. Bid Submission Bids must be received prior to the deadline noted on the cover sheet and below. No bid received after the deadline time and date will be considered. To assure your bid is properly received, note the ITB number date and time of the deadline in the lower left hand corner of your envelope. 3. Bid opening: The bids received will be opened after the 2:00 P.M. deadline. 4. Bid Evaluation and Award A. Award of Purchase or Contract: Purchases or contracts shall be awarded to the lowest responsible bidder. In determining the lowest responsive and responsible bidder, the following shall be taken into consideration: 1. The quality, suitability and efficiency of the item; 2. The total life cycle cost of the equipment; 3. The delivery, discount terms and all other conditions submitted in the bid; 4. The reputation of the equipment, the service reputation of the bidder, and all other information and data required to prove the responsibility of the contractor. • B. The City Council shall reserve the right to reject any or all bids in whole or in part and may waive any irregularities or informalities in any bids. 5. Results of the ITB: A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than 30 calendar days after bid opening. 6. If you have any questions pertaining to the material contained herein, contact Sue Simmons, Commercial Services Manager, 707 - 778 -4322. 7. The deadline for submitting bids is 2:00 PM at the City of Petaluma, Clerk's Office, City Hall, 11 English Street, Petaluma CA 94953. Do not send bids to the Purchasinz O ice. 8. SECTIONS C (Bid), D (Specifications), E (Exceptions to Specifications), and F (Additional Information) ARE TO BE COMPLETED IN FULL AND SUBMITTED Failure to complete all sections, submit all required information prior to the deadline will result in your bid not being considered for evaluation. Please retain SECTIONS A & B. • 4/5/2004 SECTION B TERMS AND CONDITIONS FOUR (4) 2004 MID -SIZE SPORT UTILITY VEHICLES (SUV'S) 1. DEFINITIONS: "Contract" means the entire written agreement between the parties, including but not limited to the Invitation to Bid or Request for Quotation and its specifications, terms and conditions; instructions to bidders; change notices, if any; the accepted bid; and the purchase order or price agreement document: "Contractor" means a person or organization with whom the City of Petaluma has contracted for the purchase of equipment, material and supplies. "City" means the City of Petaluma, California. 2. STANDARD AND SPECIAL TERMS AND CONDITIONS The terms and conditions on these pages are standard to City contracts for the purchase of equipment, materials and supplies. There may also be special terms and conditions in an Invitation to Bid or Request for Quotation which apply only to this contract. 3. MATERIAL AND EQUIPMENT SPECIFIED BY NAME Whenever any material or equipment is specified by patent or proprietary name or by the name of the manufacturer, unless stated differently such specification shall be considered as if followed by the words "or • acceptable equal ", whether or not such words appear. The Contractor may offer material or equipment with equal or better qualities and performance in substitution for those specified which he considers would be in the City's interest to accept. No verbal offers for substitution will be acknowledged or considered from contractors, distributors, manufacturers or subcontractors. Any such offers shall be made in writing to the Purchasing Officer for consideration with the submission of the proposal and the Contractor shall include sufficient data which, together with any other data the City may require, will enable the City to assess the acceptability of the material or equipment. Such acceptance by the City shall not relieve the Contractor from full responsibility from the efficiency and quality and performance of the substitute material or equipment, in the same manner and degree as the material and equipment specified by name. It should be understood that specifying a brand name, components and/or equipment in these specifications shall not relieve the Contractor from full responsibility to produce the products in accordance with the performance warranty and contractual requirements. The Contractor is responsible for notifying the City of any inappropriate brand name, component and /or equipment that may be called for in the specifications, and to propose a suitable substitute for consideration. 4. MATERIALS & WORKMANSHIP: Materials used shall be of the best quality and applied in accordance with approved recommendations of the manufacture thereof. • 5. AWARD The City of Petaluma reserves the right to accept bids on individual items listed, on group items, or on the proposal as a whole; to reject any and all bids; to waive any informality or irregularity in the bids; and to accept the bid that appears from all consideration to be in the best interest of the City of Petaluma. 4 4/5/2004 In determining and evaluating the best-bid, the prices will not necessarily be controlling, but quality, equality, efficiency, utility, general terms, delivery, suitability of the equipment/material offered, maintainability of the equipment/material offered, and the reputation of the equipment/material in general use will also be considered with any other relevant factors. 6. ORDER ACKNOWLEDGMENT The successful Contractor, after receipt of a City of Petaluma Purchase Order, shall be required to furnish the City Purchasing Officer, when made available, a copy of the factory order acknowledgment or production date(s) for the equipment/material ordered. 7. NOTICES: Except as otherwise specifically provided in this Invitation to Bid and the resulting Purchase Contract or Purchase Order, any notice, submittal or communication required or permitted to be served on a party hereto, may be served by personal delivery to the person or the office of the Contractor. Service may also be made by certified mail or recognized overnight delivery service, postage prepaid, to the person and address stated in the Invitation to Bid and /or the resulting Contract or Purchase Order. 8. OPTION TO INCREASE QUANTITY OF ORDERED UNITS The City reserves the right to increase the quantity of ordered units shown on this Invitation to Bid by issuance on the original purchase order or an additional purchase order not later than thirty (30) days after award of bid. The successful Contractor agrees to furnish to the City the additional ordered units at the unit price offered in this bid. • 9. MODIFICATION The City of Petaluma, at any time prior to the delivery date specified on the resulting Purchase Order or Purchase Contract, may issue a written change order for any modifications. Such modifications shall be the result of negotiation and agreement between both parties. Oral change orders are not permitted. No change in this Invitation to Bid or resulting Purchase Order or Purchase Contract shall be made unless the City of Petaluma gives its prior written approval from the Purchasing Office. The Contractor shall be liable for all costs resulting from any unauthorized changes to the Invitation to Bid, Purchase Order or Purchase Contract. 10. BREACH OF CONTRACT Should Contractor breach any of the provisions of this contract, the City reserves the right to cancel this contract upon written notice to Contractor. Contractor shall be liable for any and all damages incidental and consequential suffered by the City as the result of the Contractor's breach of contract. The City shall have any and all remedies provided under the law in the event of a breach of contract by Contractor. In the event of repeated breach of public and /or private contracts, Contractor shall be subject to disqualification as a bidder on City contracts 11. TERNIINATION OF CONTRACT TO PURCHASE If at any time, in the opinion of the City Manager, 1) Contractor fails to conform to the requirements of this contract; 2) Contractor seeks relief under any law for the benefit of insolvents or is adjudicated bankrupt; 3) any legal proceedings are commenced against Contractor which may interfere with the • performance of the contract; or 4) Contractor has failed to supply an adequate working force, or material of proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified and intended in any by the terms of the contract, notice thereof in 5 4/5/2004 writing may be served upon the contractor; and should he neglect or refuse to provide means • for a satisfactory compliance with the contract as directed by the Purchasing Officer within the time specified in such notice, the City Manager in any such case shall have the right and power, at its option and without prejudice to any other right it may have, to terminate the contract. Any excess of the cost arising there from will be charged against the Contractor and contractor's sureties, who will be liable thereof. In the event of such termination, all monies due the Contractor or retained under terms of the contract shall be forfeited to the City; but such forfeiture will not release the Contractor or Contractor's sureties from liability for failure to fulfill the contract. 12. TITLE: Title to the equipment/material shall pass to the City at the F.O.B. Destination point designated under the delivery clause below, subject to the right of the City to reject upon inspection. 13. WARRANTIES Unless otherwise stated, all equipment shall be new and current model and shall carry full factory warranties. Contractor warrants all equipment and supplies delivered to be free from defects in labor, material and manufacture and to be in compliance with bid specifications. All implied and expressed warranty provisions of the Uniform Commercial Code are incorporated in this contract. All warranties shall run to the City. 14. DELIVERY: All deliveries shall be F.O.B. destination with all transportation and handling charges prepaid by the Contractor. Responsibility and liability for loss or damage shall remain with Contractor until final inspection and acceptance by the City when responsibility shall pass to the City except as to latent defects, fraud and Contractor's warranty obligations. 15. INSPECTION AND TESTING: The City reserves the right and shall be at liberty to inspect and test all materials and workmanship at times and places determined by the City, and shall have the right to reject all materials and workmanship which do not conform with the equipment/material specification provided; however, the City is under no duty to make such inspection. Should it be determined, after inspection, that corrections are needed to bring the equipment/material up to the specifications of the bid award, the City, for the purpose of earning the discount, may extend the date of complete acceptance beyond the date of delivery. If Contractor is unable or refuses to correct such goods within a time deemed reasonable by the City, the City may cancel the order in whole or in part. Nothing is this paragraph shall adversely affect the City's right as buyer. 16. ACCEPTANCE AND PAYMENT Acceptance shall be made at the time all equipment/material is operational and in proper working order as determined by and to the satisfaction of the City of Petaluma. Acceptance of the equipment/material shall be determined on the basis of technical completeness, performance and adherence to the operational requirements and functions of the specifications. Payment will be scheduled within thirty (30) days upon complete delivery and acceptance of all equipment/material and receipt of an original invoice for the equipment/material complying with the terms and conditions of the award. The City reserves the right to withhold up to ten percent (10 %) of the purchase price in the event there is a conditional acceptance. • In connection with an cash discounts specified p cified on the bid form, time will be computed from the date of complete acceptance of the equipment/material, or from date correct invoices are 4/5/2004 received in the City Finance Office, 11 English Street, P.O. BOX 61, Petaluma CA 94952 if the latter date is later than the date of complete acceptance. For the purpose of earning the • discount, payment is deemed to be made on the date of mailing of the City check or transfer of funds. 17. ASSIGNMENT AND SUBCONTRACTING The Contractor shall not assign or subcontract the work, or any part thereof, without the previous written consent of the City, nor shall he /she assign, by power of attorney or otherwise, any of the money payable under this contract unless written consent of the City has been obtained. No right under this contract, nor claim for money due or to become due hereunder shall be asserted against the City, or persons acting for the City, by reason of any so- called assignment of this contract or any part thereof, unless such assignment has been authorized by the written consent of the City. In case the Contractor is permitted to assign monies due or to become due under this contract, the instrument of assignment shall contain a clause subordinating the claim of the assignee to all prior liens for services rendered or materials supplied for the performance of work. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by the subcontractor, Contractor's subcontract shall be immediately terminated by the Contractor upon notice from the City. The Contractor shall be fully responsible and accountable to the City for the acts and omissions of Contractor's subcontractors, and of persons directly or indirectly employed by them, as the Contractor is for the acts and omissions of persons directly employed by him. Nothing contained in this contract shall create any contractual relation between any subcontract and the City. 18. FEDERAL AND STATE TAX The City is exempt from excise taxes and transportation tax. Tax exemption certificates will be signed for merchandise delivered to the City upon request. Kindly bid without these taxes. Transportation tax requires no exemption certificates, but goods must be consigned to the City. California sales tax of 7.5% will be paid in accordance with the contract payment schedule. 19. SEVERABILITY If any provision of this contract is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected; and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular provision held to be invalid. 20. COMPLIANCE WITH APPLICABLE LAWS: Contractor shall comply with all federal, state and local laws, codes, regulations and ordinances applicable to the provision of goods to be purchased under this contract. Failure to comply with such requirements shall constitute a breach of contract and shall be grounds for contract cancellation. Damages or costs resulting for noncompliance shall be the sole responsibility of Contractor. 21. GOVERNING LAW, JURISDICTION, VENUE: This contract shall be governed and construed in accordance with the laws of the State of California, without resort to any jurisdiction's conflict of laws rules or doctrines. Any claim, action, suit, or proceeding (collectively "the claim ") between the City (and /or other agency or department of the City) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Superior Court of Sonoma County for the State of • California. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for 4/5/2004 the District of Northern California. Contractor hereby consents to the jurisdiction of said • courts. 22. WAIVER: Failure of the City to enforce any provision of this contract shall not constitute a waiver or relinquishment by the City of the right to such performance in the future nor of the right to enforce any other provision of this contract. 23. CALIFORNIA OSHA RULES AND REGULATIONS: All machinery, materials, supplies and equipment furnished shall be in full accordance with all currently applicable Cal /OSHA rules and regulations. Contractor or Contractor warrants that he and each of his subcontractors shall, in performance of this contract or purchase order, comply with each and every compliance order issued pursuant to Cal /OSHA. The Contractor or Contractor assumes full and total responsibility for compliance with Cal /OSHA standards by his subcontractors as well as himself. The cost of complying with any compliance order and payment of any penalty assessed pursuant to Cal /OSHA and the cost of placing non - conforming machinery, supplies, materials and equipment in compliance with Cal /OSHA shall be borne by the Contractor or Contractor. Contractor or Contractor shall save, keep and hold harmless the City, and all officers, employees and agents thereof, from all liability, cost or expenses in law or in equity which may at any time arise or be set up because of Contractor's or Contractor's, or his subcontractors', non - compliance or alleged non - compliance with Cal/OSHA requirements, or failure to provide machinery, materials, supplies or equipment which conforms to Cal /OSHA. Nothing contained herein shall be deemed to prevent the Contractor or Contractor or his subcontractors from otherwise allocating between themselves responsibility for compliance with Cal /OSHA requirements; provided however that the Contractor or Contractor shall not thereby be, in any manner whatsoever, relieved of his responsibility to the City as hereinabove set forth. 24. SAFETY AND HEALTH REQUIREMENTS Equipment and supplies supplied shall comply with all federal Occupational Safety and Health Administration (OSHA) requirements. 25. MATERIAL SAFETY DATA SHEETS: Contractor shall provide the City with a Material Safety Data Sheet for any equipment and /or supplies provided under this contract, which may release or otherwise result in exposure to a hazardous chemical under normal conditions of use. In addition, Contractor must label, tag or mark such goods. 26. PATENTS AND ROYALTIES The Contractor, if his bid is accepted, shall defend any and all suits and assume all liability for the use of any patent process, device or article forming a part of the apparatus or any appliance furnished under the contract. All costs involved in fees, royalties or claims for any patented invention, article, process or method that may be used upon or in any manner connected with the supply of this material /equipment shall be paid by the Contractor. Should the Contractor, his agent or employees or any of them be enjoined from furnishing or using any invention, article, material or plans supplied or required to be supplied or used under the contract, the Contractor shall promptly substitute other articles, materials or appliances in lieu thereof equal finish, efficiency, quality, suitability and market value, and satisfactory in all respects to the City. Or in the event that the City elects, in lieu of such substitution, to have supplied and to retain and use any such inventions, articles, materials or plans as may be required to be supplied, the Contractor shall pay such royalties and secure such valid licenses as may be requisite for the City, its officers, agents, and employees, or any of them to use such invention, article, materials or appliances without being disturbed or in any 4/5/2004 way interfered with by any proceeding in the law or equity on account thereof. Should the Contractor neglect or refuse to make the substitution promptly or to pay such royalties and • secure such licenses as may be necessary, then in the event the City shall have the right to make such substitution or the City may pay such royalties and secure such licenses and charge the Contractor even though final payment under the contract may have been made. 27. INDEMNITY AND HOLD HARMLESS AGREEMENT: Contractor agrees to accept all responsibility for loss or damage to any person or entity, and to defend, indemnify, hold harmless and release the City, its officers, agents and employees, from and against any and all actions, claims, damages, disabilities, or costs of litigation that may be asserted by any person or entity, arising out of or in connection with the performance by Contractor hereunder, whether or not there is concurrent, passive or active negligence on the part of the City, but excluding liability due to the sole active negligence or willful misconduct of the City. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Contractor or its agents under Workmen's Compensation acts; disability benefits acts or other employee's benefits acts. Contractor shall be liable to the City for any loss or damage to City property arising from or in connection with Contractor performance hereunder. 28. FORCE MAJEURE: Neither party to this contract shall be held responsible for delay or default caused by fire, riot, acts of God and /or war, which is beyond that party's reasonable control. The City of Petaluma may terminate this contract by written notice after determining such delay or default will reasonably prevent successful performance of the contract. 29. BUSINESS TAX: Contractors who are awarded a City contract, must pay a City • business tax pursuant to City Ordinance. 30. YEAR 2003/04 COMPLIANCE: All products offered by the contractor as well as third party components of the solution must be Year 2003/2004 Compliant. The software/hardware design to ensure year 2000 compliance shall include, but not be limited to, century recognition of dates, calculations that correctly compute same century and multi century formulas and date values, and interface values that reflect the century, None of these products should require any modification because of date issues arising between now and the next one - hundred years into the future. In any changes are required, the contractor will make the changes at no cost and in a time frame that is acceptable to the City. SPECIAL TERMS AND CONDITIONS 1. ILLUSTRATIVE AND TECHNICAL DATA: Bidder shall submit with his bid complete and current illustrative and technical data on the proposed equipment/material. Failure to provide this information may be sufficient to declare the bid non - responsive. 2. DEALER PREPARATION: Bid prices must include all necessary dealer preparation applicable to new equipment, and destination delivery charges from the factory to the dealer. 3. DELIVERY Failure by the successful Contractor to notify the City of Petaluma immediately of any delivery beyond the stated date or terms is cause for him to be held responsible for damages incurred as a result of an extended delivery time. 4/5/2004 Prior to delivery the equipment /material shall be completely assembled as necessary to assure • proper operation and function. All equipment/material, spare parts and supplies shall be delivered F.O.B. destination, delivery charges prepaid and added, to the following location: CITY OF PETALUMA CORPORATION YARD 840 HOPPER STREET PETALUMA, CA 94952 4. DELIVERY CHARGES Delivery charges to the City of Petaluma shall be listed as a separate line item in Section D. 5. EXTENDED WARRANTY The Warranty being requested for pricing is for 6 years /100,000 miles, bumper -to- bumper coverage with $500 deductible. C7 10 4/5/2004 SECTION C BID FOUR (4) 2004 MID -SIZE SPORT UTILITY VEHICLES (SUV'S) The City desires to purchase four (4) 2004 mid -size Sport Utility vehicle in accordance with the specifications and terms and conditions contained in this ITB. 1! 2. Four (4) 2004 Mid -Sized Sport Utility vehicles (SUV'S) Make & Model Sales Tax @7.5% 3. Delivery 4. Total 5. Extended Warranty 6. Total with Extended Warranty Delivery Information: calendar days after receipt of purchase order. The undersigned declares that before preparing this bid, he /she carefully read the specifications and requirements for Bidders and that this bid is made with full knowledge of the kind, quality and quantity of services and equipment to be furnished, and this bid is as stated on documents submitted in response to the City's Invitation to Bid. The undersigned offers and agrees, if this bid is accepted, within forty-five (45) calendar days from date of opening, to furnish any or all of the items upon which prices are offered at the price set opposite each item, delivered at the designated point(s) within the time specified. Discounts will be allowed for prompt payment: percent, 10 calendar days; Percent, 20 calendar days; percent, 30 calendar days. COMPANY: ADDRESS: 1_111 1, J 1 ti 1 r., Llr 1..U1Jr.: "%J`lty 1 uf\r, Ur rr,"Uty AU I HUKIZED TO SIGN: TYPED NAME OF SIGNER: TITLE: TELEPHONE #: FAX #: DATE: • • r1 LJ 4/5/2004 SECTION D SPECIFICATIONS FOUR (4) 2004 MID -SIZE SPORT UTILITY VEHICLE (SUV'S) GENERAL: It is the intent of these specifications to describe the minimum requirements for four (4) 2004 mid -size sport utility vehicles (SUV'S). The vehicles shall be new current model 2004 production and equivalent in style, quality and appointments to those offered to the general public. The vehicles shall be supplied with all equipment and accessories indicated as standard equipment in the manufacturer's published literature. All equipment /options are to be factory installed. If the equipment /options are not available as factory installed, dealer installed equipment /accessories may be acceptable. The bidder is to specify those items, which will be dealer installed. Special items needed to bring the vehicles up to specifications shall be accepted only if they are the manufacturers regular or approved factory options. The vehicles shall meet or exceed the construction and performance specifications described in the following minimum specifications. Contractor shall indicate below, by marking yes or no, whether the vehicles it proposes to sell to the City complies with the Minimum Specifications listed below. Any deviations from the minimum specifications set forth herein shall be noted and • explained in Section E, Exceptions to the Specifications. In order to receive full consideration, bid must follow these specifications and the Invitation for Bid's Terms and Conditions and instructions. MINIMUM SPECIFICATIONS: To be completed by bidder and attached to Section C (Bid) YES NO 1. General: Mid -Size sport utility vehicle (SUV), two or four door. 2. Engine The engine shall be able to operate on unleaded regular gasoline. 3. Drive Train 2WD 4. Transmission/Driveline 4 or 5 -speed automatic. 5. Steering Vehicle shall be equipped with the supplier's standard hydraulic power assist steering. The steering shall "return to center" when the driver's grip on the steering wheel is relaxed. 6. Brakes /ABS Manufacturer's standard power assisted brakes with front disc and rear disc or drum. 12 4/5/2004 7. S. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 29. Wheels and tires Five (5) 15" or 16" all- season, SBR BSW tires. Four (4) steel wheels with wheel covers, one (1) steel spa/ wheel with spare tire hanger. Suspension: Front and rear springs shall be the heaviest standard package available. Bumpers: Manufacture's standard factory bumpers. Inside Mirrors Inside rear view mirror, day and night. Outside Mirrors Left, Right, Outside, and rearview mirrors. Dome Light With driver's door actuated switch. Seating/Upholstery and Seat belts Manufacturer's standard. Gauges to be equipped with all standard gauges. Multi -speed fresh air heater and windshield defogger system Sun visors for both driver and front passenger positions Inside hood release Windshield washer with intermittent wipers Air conditionin : Shall be factory installed. Light tinted Blass all around Radio Manufacturer's standard AM -FM radio with antenna. Airbags Dual air bags. Standard wheel changing tools and iack adequate to safelv lift the vehicle Floor covering heavy -duty rubber or carpet, with heavy -duty removable rubber or carpet floor mats. 18. Color White- Exterior. Gray or Blue interior. 19. Safety Equipment: Cab and chassis shall be equipped with all necessary safety equipment to meet CAL OSHA and Federal regulations. • 13 4/5/2004 • SECTION E EXCEPTIONS POT EE SPECIFICATIONS FOUR (4) 2004 MID -SIZE SPORT UTILITY VEHICLES (SUV'S) • Exceptions to the specifications of any items state herein shall be fully described and explained in writing by the contractor in the space provided below: 14 4/5/2004 SECTION F ADDITIONAL INFORMATION • FOUR (4) 2004 MID -SIZE SPORT UTILITY VEHICLES (SUV'S) 1. Warranty: Please provide in the space below, or attach a copy of a complete description of the standard warranty terms and conditions. Also, as a part of this bid, you are required to provide warranty service contact individual(s). In all purchases made by the City, availability and accessibility of warranty service and service after warranty may be considered in determining the lowest responsible quoter. 2. Extended Warranty: Please provide in the space below, or attach a copy of a complete description of extended warranty options, terms and conditions, and costs. NOTE: UNDER OPTION #1 COST OF AN EXTENDED WARRANTY OF 6 YEARS /100 000 MILES BUMPER -TO- BUMPER COVERAGE WITH $50 DEDUCTIBLE IS REQUESTED • 3. Hybrid Vehicle Alternate: Provide a separate bid alternate for a gasoline/ electric hybrid powered vehicle with similar specifications as described in section C. • 15 4/5/2004 • CITY OF PETALUMA, CALIFORNIA INVITATION TO BID TWO (2) 2004 PASSANGER SEDANS, FULL SIZE Purchasing Office Finance Department William J. Thomas, Finance Director/Purchasing Officer BID DATA BID NUMBER: COMMODITY TITLE: BUYER: BUYER TELEPHONE: ISSUE DATE: BID OPENING DAY/DATE: TIME: • LOCATION/ MAIL ADDRESS: BID CONTENTS Section A: Section B: Section C. Section D: Section E: Section F. 2004 -04 TWO (2) 2004 PASSENGER SEDANS, FULL SIZE Susan Simmons 707.778.4352 FAX/707.778.4485 April 5, 2004 April 27, 2004 2:00 PM City Clerk's Office City of Petaluma 11 English Street Petaluma, CA 94952 Instructions to Bidders Terms and Conditions Bid Specifications Exceptions to Specifications Additional Information Sealed written responses must be received at the address above no later than the date, time and location indicated for the Bid Opening. Submittal by fax is not acceptable. Do not mail bids to Purchasing Office. • 4/5/2004 SECTION A INSTRUCTION TO BIDDERS TWO (2) 2004 PASSENGER SEDANS, FULL SIZE THIS IS NOT AN ORDER BUT AN INVITATION FOR BID. General: This Invitation to Bid (ITB) serves as a notice inviting bids in accordance with Petaluma Municipal Code 4.04.080. The City of Petaluma is seeking bids for the following: A firm fixed price purchase order will be issued for two (2) 2004 passenger sedans, full size, per specifications, terms and conditions, and other provisions outlined below. Note: An Extended Warranty for the vehicles being bid is requested. Pricing is being requested for 6- years /100,000 miles with bumper -to- bumper coverage and $500 deductible. 1. Bid Preparation A. Bid format: Bids must be typewritten or prepared in ink and must be submitted on the forms provided in this Invitation for Bid. No oral, telegraphic, telephone or facsimile bids will be accepted. B. Conformance to bid requirements: Bids must conform to the requirements of the Invitation for Bid. All necessary attachments (certifications, bid bond, list of subcontractors, etc.) must be submitted with bid and in the required format. Failure to comply with all requirements may result in bid rejection. C. Exceptions: Any deviation from the bid specifications, plans, terms and conditions may result in bid rejection. D. Signature on bid: Bids must be signed in ink by an authorized representative of the bidder. Signature on a bid certifies that the bid is made without connection with any person, firm or corporation making a bid for the same project and is in all respects fair and without collusion fraud. Signature on the bid also certifies that bidder has read and fully understands all bid specifications, plans, terms and conditions. E. Modifications: Modifications or erasures made before bid submission must be initialed in ink by the person signing the bid. Bids, once submitted may be modified in writing before the time and date set for bid closing. Any modifications shall be prepared on company letterhead, signed by an authorized representative and state the new document supersedes or modifies the prior bid. Modification must be submitted in a sealed envelope clearly marked "Bid Modification" and identifying the ITB number and closing date. Bidders may not modify bids after the bid deadline. • F. Bid withdrawals: Bids may be withdrawn in writing on company letterhead signed by an authorized representative and received by the City Clerk's office prior to 4/5/2004 the deadline. Bids may be withdrawn in person before bid closing time upon presentation of appropriate identification. • 2. Bid Submission Bids must be received prior to the deadline noted on the cover sheet and below. No bid received after the deadline time and date will be considered. To assure your bid is properly received, note the ITB number date and time of the deadline in the lower left hand corner of your envelope. 3. Bid opening: The bids received will be opened after the 2:00 P.M. deadline on 4. Bid Evaluation and Award A. Award of Purchase or Contract: Purchases or contracts shall be awarded to the lowest responsible bidder. In determining the lowest responsive and responsible bidder, the following shall be taken into consideration: 1. The quality, suitability and efficiency of the item; 2. The total life cycle cost of the equipment; 3. The delivery, discount terms and all other conditions submitted in the bid; 4. The reputation of the equipment, the service reputation of the bidder, and all other information and data required to prove the responsibility of the contractor. • B. The City Council shall reserve the right to reject any or all bids in whole or in part and may waive any irregularities or informalities in any bids. 5. Results of the ITB: A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than 30 calendar days after bid opening. 6. If you have any questions pertaining to the material contained herein, contact 7. The deadline for submitting bids is 2:00 PM at the City of Petaluma, Clerk's Office, City Hall, 11 English Street, Petaluma CA 94953. Do not send bids to the Purchasing Office 8. SECTIONS C (Bid), D (Specifications), E (Exceptions to Specifications), and F (Additional Information) ARE TO BE COMPLETED IN FULL AND SUBMITTED Failure to complete all sections, submit all required information prior to the deadline will result in your bid not being considered for evaluation. Please retain SECTIONS A & B. • 4/5/2004 SECTION B • TERMS AND CONDITIONS TWO (2) 2004 PASSENGER SEDANS, FULL SIZE 1. DEFINITIONS: "Contract" means the entire written agreement between the parties, including but not limited to the Invitation to Bid or Request for Quotation and its specifications, terms and conditions; instructions to bidders; change notices, if any; the accepted bid; and the purchase order or price agreement document: "Contractor" means a person or organization with whom the City of Petaluma has contracted for the purchase of equipment, material and supplies. "City" means the City of Petaluma, California. 2. STANDARD AND SPECIAL TERMS AND CONDITIONS: The terms and conditions on these pages are standard to City contracts for the purchase of equipment, materials and supplies. There may also be special terms and conditions in an Invitation to Bid or Request for Quotation which apply only to this contract. 3. MATERIAL AND EQUIPMENT SPECIFIED BY NAME Whenever any material or equipment is specified by patent or proprietary name or by the name of the manufacturer, unless stated differently such specification shall be considered as if followed by the words "or • acceptable equal", whether or not such words appear. The Contractor may offer material or equipment with equal or better qualities and performance in substitution for those specified which he considers would be in the City's interest to accept. No verbal offers for substitution will be acknowledged or considered from contractors, distributors, manufacturers or subcontractors. Any such offers shall be made in writing to the Purchasing Officer for consideration with the submission of the proposal and the Contractor shall include sufficient data which, together with any other data the City may require, will enable the City to assess the acceptability of the material or equipment. Such acceptance by the City shall not relieve the Contractor from full responsibility from the efficiency and quality and performance of the substitute material or equipment, in the same manner and degree as the material and equipment specified by name. It should be understood that specifying a brand name, components and /or equipment in these specifications shall not relieve the Contractor from full responsibility to produce the products in accordance with the performance warranty and contractual requirements. The Contractor is responsible for notifying the City of any inappropriate brand name, component and /or equipment that may be called for in the specifications, and to propose a suitable substitute for consideration. 4. MATERIALS & WORKMANSHIP: Materials used shall be of the best quality and applied in accordance with approved recommendations of the manufacture thereof. 5. AWARD The City of Petaluma reserves the right to accept bids on individual items listed, • on group items, or on the proposal as a whole; to reject any and all bids; to waive any informality or irregularity in the bids; and to accept the bid that appears from all consideration to be in the best interest of the City of Petaluma. 4/5/2004 In determining and evaluating the best bid, the prices will not necessarily be controlling, but quality, equality, efficiency, utility, general terms, delivery, suitability of the equipment/material offered, maintainability of the equipment/material offered, and the reputation of the equipment/material in general use will also be considered with any other relevant factors. 6. ORDER ACKNOWLEDGMENT The successful Contractor, after receipt of a City of Petaluma Purchase Order, shall be required to furnish the City Purchasing Officer, when made available, a copy of the factory order acknowledgment or production date(s) for the equipment/material ordered. 7. NOTICES: Except as otherwise specifically provided in this Invitation to Bid and the resulting Purchase Contract or Purchase Order, any notice, submittal or communication required or permitted to be served on a party hereto, may be served by personal delivery to the person or the office of the Contractor. Service may also be made by certified mail or recognized overnight delivery service, postage prepaid, to the person and address stated in the Invitation to Bid and/or the resulting Contract or Purchase Order. 8. OPTION TO INCREASE QUANTITY OF ORDERED UNITS The City reserves the right to increase the quantity of ordered units shown on this Invitation to Bid by issuance on the original purchase order or an additional purchase order not later than thirty (30) days after award of bid. The successful Contractor agrees to furnish to the City the additional ordered units at the unit price offered in this bid. 9. MODIFICATION The City f Petaluma • ty , at any time prior to the delivery date specified on the resulting Purchase Order or Purchase Contract, may issue a written change order for any modifications. Such modifications shall be the result of negotiation and agreement between both parties. Oral change orders are not permitted. No change in this Invitation to Bid or resulting Purchase Order or Purchase Contract shall be made unless the City of Petaluma gives its prior written approval from the Purchasing Office. The Contractor shall be liable for all costs resulting from any unauthorized changes to the Invitation to Bid, Purchase Order or Purchase Contract. 10. BREACH OF CONTRACT Should Contractor breach any of the provisions of this contract, the City reserves the right to cancel this contract upon written notice to Contractor. Contractor shall be liable for any and all damages incidental and consequential suffered by the City as the result of the Contractor's breach of contract. The City shall have any and all remedies provided under the law in the event of a breach of contract by Contractor. In the event of repeated breach of public and /or private contracts, Contractor shall be subject to disqualification as a bidder on City contracts 11. TERMINATION OF CONTRACT TO PURCHASE: If at any time, in the opinion of the City Manager, 1) Contractor fails to conform to the requirements of this contract; 2) Contractor seeks relief under any law for the benefit of insolvents or is adjudicated bankrupt; 3) any legal proceedings are commenced against Contractor which may interfere with the • performance of the contract; or 4) Contractor has failed to supply an adequate working force, or material of proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified and intended in any by the terms of the contract, notice thereof in 4/5/2004 writing may be served upon the contractor; and should he neglect or refuse to provide means • for a satisfactory compliance with the contract as directed by the Purchasing Officer within the time specified in such notice, the City Manager in any such case shall have the right and power, at its option and without prejudice to any other right it may have, to terminate the contract. Any excess of the cost arising there from will be charged against the Contractor and contractor's sureties, who will be liable thereof. In the event of such termination, all monies due the Contractor or retained under terms of the contract shall be forfeited to the City; but such forfeiture will not release the Contractor or Contractor's sureties from liability for failure to fulfill the contract. 12. TITLE: Title to the equipment/material shall pass to the City at the F.O.B. Destination point designated under the delivery clause below, subject to the right of the City to reject upon inspection. 13. WARRANTIES Unless otherwise stated, all equipment shall be new and current model and shall carry full factory warranties. Contractor warrants all equipment and supplies delivered to be free from defects in labor, material and manufacture and to be in compliance with bid specifications. All implied and expressed warranty provisions of the Uniform Commercial Code are incorporated in this contract. All warranties shall run to the City. 14. DELIVERY: All deliveries shall be F.O.B. destination with all transportation and handling charges prepaid by the Contractor. Responsibility and liability for loss or damage shall remain with Contractor until final inspection and acceptance by the City when responsibility shall pass to the City except as to latent defects, fraud and Contractor's • warranty obligations. 15. INSPECTION AND TESTING: The City reserves the right and shall be at liberty to inspect and test all materials and workmanship at times and places determined by the City, and shall have the right to reject all materials and workmanship which do not conform with the equipment/material specification provided; however, the City is under no duty to make such inspection. Should it be determined, after inspection, that corrections are needed to bring the equipment/material up to the specifications of the bid award, the City, for the purpose of earning the discount, may extend the date of complete acceptance beyond the date of delivery. If Contractor is unable or refuses to correct such goods within a time deemed reasonable by the City, the City may cancel the order in whole or in part. Nothing is this paragraph shall adversely affect the City's right as buyer. 16. ACCEPTANCE AND PAYMENT Acceptance shall be made at the time all equipment/material is operational and in proper working order as determined by and to the satisfaction of the City of Petaluma. Acceptance of the equipment/material shall be determined on the basis of technical completeness, performance and adherence to the operational requirements and functions of the specifications. Payment will be scheduled within thirty (30) days upon complete delivery and acceptance of all equipment/material and receipt of an original invoice for the equipment/material complying with the terms and conditions of the award. The City reserves the right to withhold up to ten percent (10 %) of the purchase price in the event there is a conditional acceptance. In connection with an cash discount specified on the bid form time will be computed from Y p p the date of complete acceptance of the equipment/material, or from date correct invoices are 4/5/2004 received in the City Finance Office, 11 English Street, P.O. BOX 61, Petaluma CA 94952 if the latter.date is later than the date of complete acceptance. For the purpose of earning the discount, payment is deemed to be made on the date of mailing of the City check or transfer of funds. 17. ASSIGNMENT AND SUBCONTRACTING The Contractor shall not assign or subcontract the work, or any part thereof, without the previous written consent of the City, nor shall he /she assign, by power of attorney or otherwise, any of the money payable under this contract unless written consent of the City has been obtained. No right under this contract, nor claim for money due or to become due hereunder shall be asserted against the City, or persons acting for the City, by reason of any so- called assignment of this contract or any part thereof, unless such assignment has been authorized by the written consent of the City. In case the Contractor is permitted to assign monies due or to become due under this contract, the instrument of assignment shall contain a clause subordinating the claim of the assignee to all prior liens for services rendered or materials supplied for the performance of work. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by the subcontractor, Contractor's subcontract shall be immediately terminated by the Contractor upon notice from the City. The Contractor shall be fully responsible and accountable to the City for the acts and omissions of Contractor's subcontractors, and of persons directly or indirectly employed by them, as the Contractor is for the acts and omissions of persons directly employed by him. Nothing contained in this contract shall create any contractual relation between any subcontract and the City. 18. FEDERAL AND STATE TAX The City is exempt from excise taxes and transportation is tax. Tax exemption certificates will be signed for merchandise delivered to the City upon request. Kindly bid without these taxes. Transportation tax requires no exemption certificates, but goods must be consigned to the City. California sales tax of 7.5% will be paid in accordance with the contract payment schedule. 19. SEVERABILITY If any provision of this contract is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected; and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular provision held to be invalid. 20. COMPLIANCE WITH APPLICABLE LAWS: Contractor shall comply with all federal, state and local laws, codes, regulations and ordinances applicable to the provision of goods to be purchased under this contract. Failure to comply with such requirements shall constitute a breach of contract and shall be grounds for contract cancellation. Damages or costs resulting for noncompliance shall be the sole responsibility of Contractor. 21. GOVERNING LAW, JURISDICTION, VENUE: This contract shall be governed and construed in accordance with the laws of the State of California, without resort to any jurisdiction's conflict of laws rules or doctrines. Any claim, action, suit, or proceeding (collectively "the claim ") between the City (and /or other agency or department of the City) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Superior Court of Sonoma County for the State of • California. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for 4/5/2004 the District of Northern California. Contractor hereby consents to the. jurisdiction of said • courts. 22. WAIVER: Failure of the City to enforce any provision of this contract shall not constitute a waiver or relinquishment by the City of the right to such performance in the future nor of the right to enforce any other provision of this contract. 23. CALIFORNIA OSHA RULES AND REGULATIONS: All machinery, materials, supplies and equipment furnished shall be in full accordance with all currently applicable Cal/OSHA rules and regulations. Contractor or Contractor warrants that he and each of his subcontractors shall, in performance of this contract or purchase order, comply with each and every compliance order issued pursuant to Cal /OSHA. The Contractor or Contractor assumes full and total responsibility for compliance with Cal/OSHA standards by his subcontractors as well as himself. The cost of complying with any compliance order and payment of any penalty assessed pursuant to Cal/OSHA and the cost of placing non - conforming machinery, supplies, materials and equipment in compliance with Cal /OSHA shall be borne by the Contractor or Contractor. Contractor or Contractor shall save, keep and hold harmless the City, and all officers, employees and agents thereof, from all liability, cost or expenses in law or in equity which may at any time arise or be set up because of Contractor's or Contractor's, or his subcontractors', non - compliance or alleged non - compliance with Cal /OSHA requirements, or failure to provide machinery, materials, supplies or equipment which conforms to Cal /OSHA. Nothing contained herein shall be deemed to prevent the Contractor or Contractor or his subcontractors from otherwise allocating between themselves responsibility for compliance with Cal /OSHA requirements; RrgKilded however that the Contractor or Contractor shall not thereby be, in any manner whatsoever, relieved of his responsibility to the City as hereinabove set forth. 24. SAFETY AND HEALTH REQUIREMENTS Equipment and supplies supplied shall comply with all federal Occupational Safety and Health Administration (OSHA) requirements. 25. MATERIAL SAFETY DATA SHEETS: Contractor shall provide the City with a Material Safety Data Sheet for any equipment and /or supplies provided under this contract, which may release or otherwise result in exposure to a hazardous chemical under normal conditions of use. In addition, Contractor must label, tag or mark such goods. 26. PATENTS AND ROYALTIES: The Contractor, if his bid is accepted, shall defend any and all suits and assume all liability for the use of any patent process, device or article forming a part of the apparatus or any appliance furnished under the contract. All costs involved in fees, royalties or claims for any patented invention, article, process or method that may be used upon or in any manner connected with the supply of this material /equipment shall be paid by the Contractor. Should the Contractor, his agent or employees or any of them be enjoined from furnishing or using any invention, article, material or plans supplied or required to be supplied or used under the contract, the Contractor shall promptly substitute other articles, materials or appliances in lieu thereof equal finish, efficiency, quality, suitability and market value, and satisfactory in all respects to the City. Or in the event that the City elects, in lieu of such substitution, to have supplied and to retain and use any such inventions, articles, materials or plans as may be required to be supplied, the Contractor shall pay such royalties and secure such valid licenses as may be requisite for the City, its officers, agents, and employees, or any of them to use such invention, article, materials or appliances without being disturbed or in any 4/5/2004 way interfered with by any proceeding in the law or equity on account thereof. Should the Contractor neglect or refuse to make the substitution promptly or to pay such royalties and • secure such licenses as may be necessary, then in the event the City shall have the right to make such substitution or the City may pay such royalties and secure such licenses and charge the Contractor even though final payment under the contract may have been made. 27. INDEMNITY AND HOLD HARMLESS AGREEMENT Contractor agrees to accept all responsibility for loss or damage to any person or entity, and to defend, indemnify, hold harmless and release the City, its officers, agents and employees, from and against any and all actions, claims, damages, disabilities, or costs of litigation that may be asserted by any person or entity, arising out of or in connection with the performance by Contractor hereunder, whether or not there is concurrent, passive or active negligence on the part of the City, but excluding liability due to the sole active negligence or willful misconduct of the City. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Contractor or its agents under Workmen's Compensation acts; disability benefits acts or other employee's benefits acts. Contractor shall be liable to the City for any loss or damage to City property arising from or in connection with Contractor performance hereunder. 28. FORCE MAJEURE: Neither party to this contract shall be held responsible for delay or default caused by fire, riot, acts of God and /or war, which is beyond that party's reasonable control. The City of Petaluma may terminate this contract by written notice after determining such delay or default will reasonably prevent successful performance of the contract. 29. BUSINESS TAX: Contractors who are awarded a City contract, must pay a City business tax pursuant to City Ordinance. 0 30. YEAR 2003/04 COMPLIANCE: All products offered by the contractor as well as third party components of the solution must be Year 2003/2004 Compliant. The software/hardware design to ensure year 2000 compliance shall include, but not be limited to, century recognition of dates, calculations that correctly compute same century and multi century formulas and date values, and interface values that reflect the century, None of these products should require any modification because of date issues arising between now and the next one - hundred years into the future. In any changes are required, the contractor will make the changes at no cost and in a time frame that is acceptable to the City. SPECIAL TERMS AND CONDITIONS 1. ILLUSTRATIVE AND TECHNICAL DATA: Bidder shall submit with his bid complete and current illustrative and technical data on the proposed equipment/material. Failure to provide this information may be sufficient to declare the bid non - responsive. 2. DEALER PREPARATION: Bid prices must include all necessary dealer preparation applicable to new equipment, and destination delivery charges from the factory to the dealer. 3. DELIVERY Failure by the successful Contractor to notify the City of Petaluma immediately of any delivery beyond the stated date or terms is cause for him to be held responsible for damages incurred as a result of an extended delivery time. is 4/5/2004 • Prior to delivery the equipment /material shall be completely assembled as necessary to assure proper operation and function. All equipment/material, spare parts and supplies shall be delivered F.O.B. destination, delivery charges prepaid and added, to the following location: CITY OF PETALUMA CORPORATION YARD 840 HOPPER STREET PETALUMA, CA 94952 • • 4. DELIVERY CHARGES Delivery charges to the City of Petaluma shall be listed as a separate line item in Section D. 5. EXTENDED WARRANTY The Warranty being requested for pricing is for 6 years/ 100,000 miles, bumper -to- bumper coverage with $500 deductible. 10 4/5/2004 SECTION C BID TWO (2) 2004 PASSENGER SEDANS, FULL SIZE The City desires to purchase two (2) 2004 passenger sedans full size in accordance with the specifications and terms and conditions contained in this ITB. 1. Two (2) 2004 SEDANS, FULL SIZE .Make & Model 2. Sales Tax @ 7.5% 3. Delivery 4. Total 5. Extended Warranty 6. Total with Extended Warrantv Delivery Information: calendar days after receipt of purchase order. The undersigned declares that before preparing this bid, he /she carefully read the specifications and requirements for Bidders and that this bid is made with full knowledge of the kind, quality and quantity of services and equipment to be furnished, and this bid is as stated on documents submitted in response to the City's Invitation to Bid. The undersigned offers and agrees, if this bid is accepted, within forty-five (45) calendar days from date of opening, to furnish any or all of the items upon which prices are offered at the price set opposite each item, delivered at the designated point(s) within the time specified. Discounts will be allowed for prompt payment: percent, 10 calendar days; Percent, 20 calendar days; percent, 30 calendar days. COMPANY: ADDRESS: 1.1 l Y, J 1 Al b, G1Y C:UDE: 31UINA 1 OF I'- Ur FhKSUN AUTHORIZED TO SIGN: TYPED NAME OF SIGNER: TITLE: TELEPHONE #: FAX #: DATE: is • • 11 4/5/2004 SECTION D • SPECIFICATIONS TWO (2) 2004 PASSENGER SEDANS, FULL SIZE GENERAL: It is the intent of these specifications to describe the minimum requirements for two (2) 2004 passenger sedans full size. The vehicles shall be new current model 2004 production and equivalent in style, quality and appointments to those offered to the general public. The vehicles shall be supplied with all equipment and accessories indicated as standard equipment in the manufacturer's published literature. All equipment /options are to be factory installed. If the equipment /options are not available as factory installed, dealer installed equipment /accessories may be acceptable. The bidder is to specify those items, which will be dealer installed. Special items needed to bring the vehicles up to specifications shall be accepted only if they are the manufacturers regular or approved factory options. The vehicles shall meet or exceed the construction and performance specifications described in the following minimum specifications. Contractor shall indicate below, by marking yes or no, whether the vehicles it proposes to sell to the City complies with the Minimum Specifications listed below. Any deviations from the minimum specifications set forth herein shall be noted and • explained in Section E, Exceptions to the Specifications. In order to receive full consideration, bid must follow these specifications and the Invitation for Bid's Terms and Conditions and instructions. MINIMUM SPECIFICATIONS: To be completed by bidder and attached to Section C (Bid) YES NO 1. General: The full size passenger sedans shall be new and equivalent in style, quality, and appointments to those offered to the general public. The vehicle shall be supplied with all equipment and accessories indicated as standard equipment in the manufacturer's published literature. The sedan shall seat 5 or 6 adults. 2. Engine: Engine shall be able to operate on unleaded regular gasoline. 3. Windows: Power. 4. Fuel Tank: Vehicle shall be equipped with the manufacturer's • largest standard fuel tanks having a minimum 17 gallons. 5. Mirrors, Exterior: Left and right outside rearview mirrors. 12 4/5/2004 6. Mirror, Interior: Inside rearview mirror, and day /night. 7. Transmission: Full automatic 4 speed transmission • Y p fission with overdrive. 8. Radio with antenna: Standard AM/FM ETR stereo 9. Restraint system: Seat belts for all seating positions and dual airbags. 10. SteerinL- Manufacturer's standard power- assisted steering. The steering system shall "return to canter" when the driver's grip on the steering wheel is relaxed. 11. Brakes: All Vehicles shall have the manufacturer's standard power- assisted brakes with front brakes with front disc and rear disc or drum type brakes. 12. Wheels and tires Each vehicle shall be equipped with five (5) steel disc wheels of the same brand, size, rating and appearance with minimum diameter and minimum rim widths, plus five tubeless radial all season tires of a size and load range sufficient to meet or exceed the specified minimum gross vehicle weight. The spare tire shall be mounted and secured on a production -type • carrier. Tires shall be the same brand, tread design, size, load range and appearance. 13. Seats: Standard manufacturer's seats. 14. Upholsterv: Vinyl with cloth inserts or all cloth. 15. Bumper - front and rear: Shall be manufacturer's standard factory production bumpers and shall be the full width of the vehicle. 16. Wipers, Intermittent: With washer. 17. Safety Equipment: Vehicle shall be equipped with all necessary safety, equipment to meet CAL -OSHA and federal regulations. 18. Color: White- exterior gray or blue- interior. 19. Cruise control: 20. Air conditioning: Shall be factory installed, integral type, latest CFC -free model in current production. 21. Door locks: Power door locks. • 22. Electronic speed control: Manufacturer's standard equipment. 13 4/5/2004 0 23. Any and all video instruction, or other training material, that may be available. 24. Right to inspect: The City's Purchasing Officer and the Department head or their designated representatives, reserve the right to inspect record and /or vehicle prior to final acceptance. 25. Ownership documentation: Seller shall supply ownership documents free and clear. Seller shall also complete a Department of Motor Vehicles Transfer of Ownership, Dealer's Report of Sale, Bill of Sale or other documents for registration. 26. Extended Warranty Option #1: Bumper -to- Bumper coverage, 6 years /100,000 miles and $500 deductible Only a manufacturer's extended warranty is acceptable No after market extended warranty is acceptable • • 14 4/5/2004 SECTION E EXCEPTIONS TO THE SPECIFICATIONS TWO (2) 2004 PASSENGER SEDANS, FULL SIZE Exceptions to the specifications of any items state herein shall be fully described and explained in writing by the contractor in the space provided below: • 15 4/5/2004 0 SECTION F ADDITIONAL INFORMATION TWO (2) 2004 PASSENGER SEDANS, FULL SIZE • • I. Warranty: Please provide in the space below, or attach a copy of a complete description of the standard warranty terms and conditions. Also as a part of this bid, you are required to provide warranty service contact individual(s). In all purchases, made by the City, availability and accessibility of warranty service and service after warranty may be considered in determining the lowest responsible quoter. 2. Extended Warranty: Bumper to bumper coverage, 6- years /100,000 miles $500 deductible. Only a manufacturer's extended warranty is acceptable. No after market extended warranty is acceptable. Please provide in the space below, or attache a copy of a complete description of extended warranty options, terms and conditions, and costs. 3. Hybrid Vehicle Alternative: Provide separate bid alternative for a gasoline /electric hybrid powered vehicle with similar specifications as described in section C. 4/5/2004