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HomeMy WebLinkAboutAgenda Bill 3.I 04/07/20031 r L 4 CITY OF PETALUMA, CALIFORNIA AGENDA BILL APR ® 7 ?O3 3.17 Aisenda `7Citle Meeting Date April 7, 2003 Resolution authorizing the purchase of five 2003 Ford F250 Long Bed Regular Cab Pick Up Trucks from Downtown Ford Sales, Meeting Time X 3:00 PM Sacramento in the amount of $99,972.15_ ❑ 7:00 PM Category (check one) X Consent Calendar ❑ Public Hearing ❑ New Business ❑ Unfinished Business ❑ Presentation Department Director Contact Person Phone Number Water Resources and Michael Steve Simmons 778 -4560 Conservation Finance William Thomas 778 -4323 Cost of Proposal $99,972.15 Account Number 708 -400- 8280 -7201 Amount Budgeted $105,000.00 Name of Fund: Vehicle Replacement Attachments to Agenda Packet item Agenda Bill, Resolution ITB 03 -041 for Five Long Bed Regular Cab Pick Up Trucks (Attachment 1) Bid proposal from Downtown Ford Sales, Sacramento (Attachment 2) Summary .Statement As part of the 2002 -2003 Vehicle Replacement Program, the Water Resources and Conservation Department identified a need for five long bed regular cab pick up trucks. Two of the new vehicles will replace current vehicles. New water service employees will use the other three vehicles to implement monthly meter readings. The two vehicles being replaced were purchased in 1997 and have approximately 63,000 and 70,000 miles. Twelve potential bidders were sent an Invitation to Bid, with four bids being received. After reviewing the bids, staff recommends awarding the bid to the lowest bidder, Downtown Ford Sales, Sacramento, in the amount of $99,972.15. Recommended City Council Action /Suggested Motion Recommend the Council approve the authorization to purchase five 2003 Ford F250 Long Bed Regular Cab Pick Up Trucks from Downtown Ford Sales, Sacramento in the amount of $99,972.15. Reviewed by Finance Director: Reviewed bv Citv Attorne : a A roved it M anager : Date: D e: oday's Date Revision # and Date Revised: File Code: # Wednesday, March 19, 2003 ITB 03 -041, Five Long Bed Regular Cab Pick Up Trucks CITY OF PETALUVIA, CALIFORNIA MONDAY, APRIL 7,200 • AGENDA REPORT FOR RESOLUTION AUTHORIZING THE PURCHASE OF FIVE 2003 FORD F250 LONG BED REGULAR CAB PICK UP TRUCKS FROM DOWNTOWN FORD SALES, SACRAMENTO IN THE AMOUNT OF $99,972.15. 1. EXECUTIVE SUMMARY As part of the 2002 -2003 Vehicle Replacement Program, the Water Resources and Conservation Department identified a need.for five long bed regular cab pick up trucks. Two of the new vehicles will replace current vehicles. New water service employees will use the other three vehicles to implement monthly meter readings. The two vehicles being replaced were purchased in 1997 and have approximately 63,000 and 70,000 miles. Twelve potential bidders were sent an Invitation to Bid, with four bids being received. After reviewing the bids, staff recommends awarding.the bid to the lowest bidder, Downtown Ford Sales, Sacramento, in the amount of $99,972.15. 2. BACKGROUND Water Resources and Conservation staff have identified certain vehicles and equipment that require is replacement. They have worked closely with the City's Vehicle Maintenance Department on developing new vehicle specifications -to maximize future reuse of the vehicles and equipment being purchased. After the five new vehicles are received, two will be sent out for service bed installation. The vehicles and equipment being replaced will be recycled to other departments on an as needed basis. 3. ALTERNATIVES Council could reject this request and give staff direction. 4. FINANCIAL IMPACTS 708 - 400 - 8280 -7201 (Vehicle and Equipment Replacement Fund) CONCLUSION Request City Council authorize the purchase of five 2003 Ford F250 Long Bed Regular Cab Pick Up Trucks from Downtown Ford Sales, Sacramento in the amount of $99,972.15. 6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR COMPLETION: After Council approval, a purchase order will be issued to Downtown Ford Sales, Sacramento. The Water Resources and Conservation Department will take delivery of the Vehicle. 7. RECOMMENDATION Approve the resolution authorizing the purchase of five 2003 Ford F250 Long Bed Regular Cab Pick Up Trucks from Downtown Ford Sales, Sacramento in the amount of $99,972.15. i g: /forms /2003 agenda bill RESOLUTION AUTHORIZING THE PURCHASE OF FIVE 2003 FORD F250 LONG BED REGULAR CAB .PICK UP TRUCKS FROM DOWNTOWN FORD SALES, SACRAMENTO IN THE AMOUNT OF`$99,972.15. WHEREAS, as part of the 2002 -2003 Vehicle Replacement Program, the Water Resources and Conservation Department identified a need for five long bed regular cab pick up trucks, and, WHEREAS, the funding for the five long bed regular cab pick up trucks is available from the Vehicle Replacement Fund, and, WHEREAS, Staff developed specifications and bids were solicited from responsible vendors, and, WHEREAS, after, reviewing the bids, staff recommended that the Council authorize the purchase offive 2003 Ford F250 Long Bed Regular Cab Pick Up Trucks from Downtown Ford Sales, Sacramento in the amount of $99,972.15. NOW, THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the purchase of five 2003 Ford F250 Long Bed Regular Cab Pick Up Trucks from Downtown Ford Sales, Sacramento in the amount of $99,972.15. C7 CITY OF PETALUMA, CALIFORNIA INVITATION TO BID Purchasing Office Finance Department FIVE (S) LONG BED REGULAR CAB, PICK UP TRUCKS BID DATA BID NUMBER: COMMODITY TITLE: BUYER: BUYER TELEPHONE: ISSUE DATE: William J. Thomas, Finance Director/Purchasing Officer 03 -041 Five (5) Long, Bed Regular Cab Pick Up Trucks Sue Simmons 707- 778- 4322/Fax 707 - 778 -4428 BID OPENING DAY/DATE: • TIME: LOCATION/ MAIL ADDRESS: Tuesday, March 4, 2003 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: Section F. 40 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. ITB # 03 -041 1 1/22/2003 SECTION A is INSTRUCTION TO BIDDERS 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: ITB 03 -041 FIVE (S) LONG BED REGULAR CAB, PICK UP TRUCKS A firm fixed price purchase order will be issued for Five (5) Long Bed Regular Cab Pick Up Trucks 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 no 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 r 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 malting 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 • ITB # 03 =041 2 1/22/2003 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 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 vour bid is properly received, note the ITB number (03 -041) 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 Tuesday, March 4, 2003: 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 on Tuesday, March 4, 2003, at the City of Petaluma, Clerk's Office, Citv Hall, 11 English Street, Petaluma CA 94953 Do not send bids to the Purchasing Office 8 . iSECTIONS 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. • ITB # 03 -041 3 1/22/2003 SECTION B TERMS AND CONDITIONS • SECTION B TERMS AND CONDITIONS 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, materi als 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 jhe 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 aelmowledged 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 efficiericy.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 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 & WORICgANSIRP: 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. �J ITB # 03 -041 4 1/22/2003 In, dete 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 fumish 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 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,ofregotiation and agreementbetween 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 banlaupt; 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 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. ITB # 03 -041 5 1/22/2003 12. TITLE: Title to the equipment/material shall pass to the City at the F.O.B. Destination point designated 0 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 tto 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 equipmentlmaterial 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 'e ui ment/material is • q P 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/mater'al 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 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 CQ 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. ITE # 03 -041 6 1/22/2003 Should any subcontractor fail to perform in a satisfactorymanner 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;shal'1 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, TURISDICTION, 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 the District of Northern California. Contractor hereby consents`to thejurisdiction 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 ITB # 03 -041 7 1/22/2003 shall be deemed to prevent the Contractor or Contractor or his subcontractors from otherwise allocating between themselves responsibility for compliance with Cal /OSHA requirements; provide d, 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 an&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 iassume 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 - fmish, 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 way in 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 EAR (LESS 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. ITB # 03 -041 8 1/22/2003 30. YEAR 2000 COMPLIANCE: All products offered by the contractor as well as third party • components of the solution must be Year, 2000 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. Prior to delivery the equipment /material shall be completely assembled as necessary to assure proper operation and function. is 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 no deductible cost. 6, OTHER AGENCY "PIGGY- BACK" PROCUREMENTS Other municipalities, fire districts or public agencies may be. interested in 'participating in this bid. Such "piggy- back" awards will be made independently by each, agency, and the City is not an agent, partner or representative of these agencies and is not obligated or liable for any, action of debts that may arise out of such independently negotiated "piggy- back" procurements. Section D includes a space for malting the vendors willingness to allow other agencies the opportunity to ` - back." ITB # 03 -041 9 1/22/2003 3� f 4l� SECTION C BID ITB 03 -041 FIVE (5) LONG BED REGULAR' CAB, PICK UP TR UC&S The City desires to purchase Five (5) Long Bed Regular Cab Pick Up Trucks in accordance with the specifications and terms and conditions contained in this ITB. 1. Five (5) Long Bed Regular Cab Pick Up Trucks Make 2. Sales Tax 7 6 Model Z 2 /0•-� tom, OS' •��� 3. Delivery 4. Total $ 5. Extended Warranty $ Z/ 4 (-1,3 7— Z �J Six vears /100.000 miles; bumper -to- bumper coverage, no deductible Delivery Information: _ 9L.) calendar days after receipt of purchase order. Bid Item Available For Other Agency "Piggy - Back '.Procurement: Yes No The undersigned declares that before preparing this bid, he /she carefully read the specifications and requirements for.B'idders and that this bid is made with full knowledge of the-kind, quality and quantity of services and equipment to be furnished, and this bidds as stated on documents subrnitteam 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; ercent 20 calendar days;' /�� percent, 30 calendar days. COMPANY: ADDRESS: SZ.� �� �' S7 " CITY, STATE, ZIP CODE: SIGNATURE OF PERSON AUTHORIZED TO SIGN: `r TYPED NAME OF SIGNER �Y�� TITLE TELEPHONE #: �5�1;;;�— �' �y3/ DATE: -- '• ITB # 03 -041 10 1/22/2003 SECTION D • ITB 03 -041 FIVE (S) LONG BED REGULAR CAB, PICK UP TRUCKS GENERAL: It is the intent of these specifications to describe the minimum requirements for Five (5) Long Bed Regular Cab Pick Trucks. The vehicles shall be new current 2003 model year 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 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 -andinstructions. MINIMUM SPECIFICATIONS: be completed by bidder and attached to Section C (Bid) YES NO 1. General: Pickup Truck, two wheel drive, 8- cylinder gasoline engine, regular cab, 8 -foot bed. 2. Wheel Base between 130 and 140 inches. 3. Gross Vehicle Weight minimum of 8,800 pounds. 4. Engine electronic fuel injected 8- cylinder gasoline engine with a displacement of 4.6 liters minimum, with exterior heavy -duty engine cooler. The engine shall be designed to operate on 89 octane- unleaded gasoline. 5 Transmission/Driveline 4 -speed "automatic with ITB # 03 -041 12 1/22/2003 12. Suspension: Front and rear springs shall be the heaviest standard package available. Limit slip rear differential. Rear stabilizer bar. 13. Bumpers: Chrome front bumper. Painted rear heavy-duty U p y duty step bumper with license plat bracket and illumination. 14. Exhaust system Aluminized stainless steel exhaust system. 15. Tow package to include 10,000 P ound hitch with 2" ball pintle and receiver. 7 -wire harness and connector /trailer brake wiring/feed kit (in cab no controller.) 16. Axles: front axle -twin I -beam IFS, capacity 4,850 pounds • rating. Rear -full floating, capacity 6,084 pounds rating. ITB # 03 -041 13 1/22/2003 overdrive. Will include an auxiliary heavy -duty • transmission cooler. 6. Alternator minimum of 130 amps,, 1950 watt (6G). 7. Battery The supplier shall furnish a heavy-duty 12 -volt PP Y tY electrical system specifically designed to handle the load requirements of the vehicle, equipped with options specified herein. 750 CCA with rundown protection. The battery shall be maintenance free with a reserve capacity of 83 minutes minimum per SAE J537. 8. Cooling, system The.manufacturer shall P rovide the maximum duty cooling system available for the vehicle .being bid. A coolant recovery system shall be furnished. The cooling system shall be protected with a solution of permanent anti - freeze provingprotection to -20 degrees F. 9. Steering Vehicle shall. be equipped with the suppliers standard hydraulic power assist steering. The steering shall "return to center" when the driver's grip on the steering wheel is relaxed. • Brakes /ABS 10. Front/rear ers dual iston pin-spider Cali p P p p bolt- on:adapters, wrap- around tie bars. Panting brake (rear brakes) foot operated, hand release. 4 wheel ADS. 11. Wheels and tires Five (5) LT265/75R -16E BSW all - season SBR BSW tires. Four (4) steel wheels with wheel covers, one (1) steel spare wheel with spare tire hanger. 12. Suspension: Front and rear springs shall be the heaviest standard package available. Limit slip rear differential. Rear stabilizer bar. 13. Bumpers: Chrome front bumper. Painted rear heavy-duty U p y duty step bumper with license plat bracket and illumination. 14. Exhaust system Aluminized stainless steel exhaust system. 15. Tow package to include 10,000 P ound hitch with 2" ball pintle and receiver. 7 -wire harness and connector /trailer brake wiring/feed kit (in cab no controller.) 16. Axles: front axle -twin I -beam IFS, capacity 4,850 pounds • rating. Rear -full floating, capacity 6,084 pounds rating. ITB # 03 -041 13 1/22/2003 17. Miscellaneous equipment • 17.1 Inside Mirrors: Inside rear view mirror, day nd night. Y g 17.2 Outside Mirrors: Manual telescoping trailer tow mirrors with forward fold features. 17.3 Visor Mirror: Visor mirror to be located on assenger side. p C 17.4 Dome Light.- driver's door actuated switch. 17.5 Seating/Upholstery and Seat belts: Front seat to be bench type. Three (3) seat belts, with outside belts installed with boot - type retractors. 17.6 Gauges: to be eq with all standard truck es. au g gauges. Speedometer, odometer,, trip odometer, tachometer, voltmeter, fuel level, engine temperature, oil pressure. +� 17.7 Warning lights /tones: safety belt, parkifng brake /ABS, direction/hazard, high beam. Tones to include headlights on, turn signal on. • 17.8 Cab insulation: in dash, doors, under hood, instrument panel, and cow /fender seal. 17.9 Multi -speed fresh air heater and windshield defogger system 17.10 Sun visors for both driver and front passenger positions 17.11 Inside hood release 17.12 Windshield washer with intermittent wipers_. 17.13 Air conditioning 17.14 Light tinted glass all around 17.15 Radio: Manufacturer's standard AM -FM radio with antenna digital clock, four speakers. 17.16 Airbags: Dual air bags. "" 17.17 Side impact door beams ITB # 03 -041 14 1/22/2003 • 17.18 Standard wheel changing tools and jack adequate to safely lift the vehicle. 17.19 Floor covering: heavy -duty rubber, with heavy -duty removable rubber floor mats. 17.20 12 VDC interior power outlet (cigar lighter) 17.21 ✓ Auxiliary Power Point Outlet 17.22 ✓ Rear stowage compartments o/ 18. Suspension heavy duty. 19. Back -up Alarm: equip with electronic back -up alarm to meet OSHA safety requirements. �9 20. Color exterior color to be white - white. Interior color to be gray. 21. Safety Equipment: cab and chassis shall be equip ed with � • all necessary safety equipment to meet CAL OSHA and Federal regulations. 22. Oualitv Assurance Provisions: 22.1 Pre - Delivery Check List Prior to delivery, the vehicle shall be completely inspected and serviced by the dealer and /or manufacturer's pre - delivery service center. A copy of the pre - delivery service checklist shall be completed, signed by a representative of the organization performing the inspection/service and delivered with the vehicle. V 22.2 Reeeivinlz Inspection Inspection will include: specification compliance, workmanship, appearance and proper operation of all equipment and systems and that all documents are present. In the event deficiencies are detected, the vehicle will be rejected and delivering dealer will be required to make the necessary repairs, adjustments or replacements. Payment and/or the commencement of a discount period (if applicable) will not be made until the defects are corrected and the vehicle re- inspected and accepted. • Completion of inspection or acceptance by the inspector shall in no way release the dealer from satisfying the ITB # 03 -041 15 1/22/2003 requirements of the contract, specifications and warranty. Deviations from the specified requirements that are detected • by the City sha'll.be corrected by the dealer man expeditious manner at no expense to the City. 22.3 Preparation for Delivery Delivery of the vehicle to the City shall be in accordance with the following provisions Caravan or drive -away method of delivery from the factory to a dealer is not acceptable. Vendors shall insure that vehicles reach their point of delivery with no less than 5 gallons of fuel in the tank. Vehicles delivered with more than 50 miles on the odometer will be charged 50 cents for each mile exceeding 50 miles. This charge shall be deducted from the purchase order'price for each vehicle delivered against each purchase order. 23. Documents The following documents shall be delivered to the City with the vehicle. 23.1 Completed and signed -Pre- Delivery Inspection Checklist including the purchase order number and vehicle -identification number. 23.2 Line Set Tickets or Window Sticker showing all - options installed. 23.3 Deliver original new car "Report of Sale" to the City prior to delivery of the vehicle. 24. Warran The manufacturer's regular new vehicle warranty shall apply to all vehicles procured against this :specification. This warranty shall be honored by all franchised dealers of the vehicle within the State of California. All warranty certificates and/or cards shall be supplied with each vehicle delivered. The warranty shall be factory authorized and shall cover not less than 3 years /36,000 miles bumper to bumper, no charge parts and labor. All emission components. shall be warranted in compliance with CARB and Federal requirements. Bids offering independent insurance or a statement indicating self - insurance will be deemed non- responsive and will be rejected. If an additional extended warranty is purchased, a warranty certificate, warranty card, or a statement indicating the extended warranty has been recorded wit_ h the manufacturer • shall be furnished with the vehicle. ITB # 03 -041 16 1/22/2003 Normal war items such as tires, belts, hoses, headlamps, light bulbs, brake linings, brake disc /drums, etc., are excluded from warranty coverage. All other items not subject to normal wear or gross operator neglect and abuse, such as window, seat or wiper motors, chassis electrical switches (door, trunk lid), paint, hinges, locks, etc., shall be covered. The ITB will require each vendor to designate by name, his responsible contact and alternate assigned for the duration of the contract who will resolve City warranty related claims on a priority basis. 25. Extended Warranty This ITD, under Option 1, requests pricing and information for an Extended Warranty of 6 years /100,000miles, bumper to bumper coverage, no deductible. 26. "In- Service" Notification: Vehicles not placed in service immediately upon receipt shall be warranted from the date the vehicle is placed in service. The City shall notify the vendor in writing of the actual "in- service" date. 27. Ke .s: Two 2 single 2 -sided keys for i _.� O g y gmtion and doors. 28. Manuals: full set of repair and parts manuals for service - P electrical, emission, power train, engine, and body. Standard owner's_ manual. 29. Illustrative And Technical Data: Bidder shall submit with 1 complete and current illustrative and technical data on the pr( equipment/material. Failure to provide this information n: sufficient to declare the bid non - responsive. 30. California Use/Registration: Vehicle must have been designed and manufactured for use in California. Vehicle shall be in compliance with all provisions of the latest California Vehicle Code, the State of California Division of Industrial Safety, and the Federal Motor Vehicle Standards. Note: There shall be no exception to these requirements. ITB # 03 -041 17 1/22/2003 SECTION E EXCEPTIONS, TO THE SPECIFICATIONS 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: • • ITB # 03 -041 18 1/22/2003 SECTION F ITB 03 -041 ADDITIONAL.INFORMATION • 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 91, COST OF AN,EXTENDED`WARRANTY OF 6 YEARS /100,000.MILES, BUMPER -TO- BUMPER COVERAGE WITH NO DEDUCTIBLE IS REOUESTED. 3. Replacement Parts: The availability and location of.replacement parts,shall be stated' in the space provided below: 4. Accessories: Include below a detailed list of accessories provided with the vehicle. ITB # 03 -041 19 1/22/2003