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HomeMy WebLinkAboutAgenda Bill 3.J 04/07/20034 0 CITY OF PETALUMA, CALIFORNIA AGENDA BILL AEA — 7 2003 3o7 Agenda. Title Meeting Date April 7, 2003 Resolution authorizing the purchase of one 2003 JCB 214 Four= Wheel Drive Loader with ,Integral Backhoe from Westco Tractor, Meeting Time X 3:00 PM Inc., Santa Rosa in the amount of $62,365.12. ❑ 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;Ban Steve Simmons 778 -4560 Conservation Finance William Thomas 778 -4323 Cost of Proposal $62,365.12 Account Number 708- 400 -8280 -7201 Amount Budgeted $65,000.00 Name of Fund: Vehicle Replacement Attachments to Agenda Packet Item Agenda Bill Resolution ITB 03 -039 for one Four -Wheel Drive Loader with Integral Backhoe (Attachment 1) Bid proposal from Westco Tractor, Inc. Santa Rosa .(Attachment 2) Summary Statement As part of the 2002 =2003 Vehicle Replacement Program, the Water Resources and Conservation Department identified a need for a four -wheel drive loader with integral backhoe. The new loader will replace a current loader that was purchased in. 1989. Six potential bidders were sent an Invitation to Bid, with one bid being received. After :reviewing the bid, staff recommends awarding the bid to Westco Tractor, Inc., Santa Rosa; in the amount of $62,365.12. Currently, three of the four City -owned backhoe units are JCB units. These units have proven to be less expensive than comparable units, with no sacrifice in performance and reliability. Recommended City"Council Action/Suggested Motion Recommend the Council 'approve the authorization to purchase one 2003 JCB 214 Four Wheel Drive Loader with Integral from Westco Tractor, Inc., Santa Rosa in the amount of $62,365.12. Reviewed by Finance Director: Reviewed b it Attorney: e: Approved by by-City Mana er: Date: Da e: Todav's Date Revision # and Date Revised: File Code: # ednesday, March 19, 2003 ITB 03 -039, One Four Wheel Drive Loader with Integral Backhoe CITY OF PETALUNIA, CALIFORNIA MONDAY, APRIL 7, 2003 • AGENDA REPORT FOR RESOLUTION AUTHORIZING THE PURCHASE OF ONE 2003 JCB 214 FOUR -WHEEL DRIVE LOADER WITH INTEGRAL BACKHOE FROM WESTCO TRACTOR, INC., SANTA ROSA IN THE AMOUNT OF $62 ExECUTIVE SUMMARY As part of the 2002 -2003 Vehicle Replacement Program, the Water Resources and Conservation Department identified a need for a four -wheel drive loader with integral backhoe. The new loader will replace a current loader that was purchased in 1989. Six potential bidders were sent an Invitation to Bid, with one bid being received. After reviewing the bid, staff recommends awarding the bid to Westco Tractor, Inc., Santa Rosa, in the amount of $62,365.12. Currently, three of the four City -owned backhoe units are JCB units. These units have proven to be less expensive than comparable units, with no sacrifice in performance and reliability. 2. BACKGROUND Water Resources and Conservation staff have identified certain vehicles and equipment that require 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. The vehicles and equipment being replaced will be recycled to other departments on an as needed basis. 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 one 2003 JCB 214 Four Wheel Drive Loader with Integral Backhoe from Westco Tractor, Inc., Santa Rosa in the amount of $62,365.12. 6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR COMPLETION: After Council approval, a purchase order will be issued to Westco Tractor, Inc., Santa Rosa. The Water Resources and Conservation Department will take delivery of the Vehicle. 7. RECOMMENDATION Approve the resolution authorizing the purchase of one 2003 JCB 214 Four Wheel Drive Loader with Integral Backhoe from Westco Tractor, Inc., Santa Rosa in the amount of $62,365.12. g:/forms/2003 agenda bill RESOLUTION AUTHORIZING THE PURCHASE OF ONE 2003 JCB 214 FOUR - WHEEL DRIVE LOADER WITH INTEGRAL BACKHOE FROM WEST CO TRACTOR, INC., SANTA ROSA IN THE AMOUNT OF $62,365.12. WHEREAS, as part of the 2002 -2003 Vehicle Replacement Program, the Water Resources and Conservation Department identified a need for one four -wheel drive loader with integral backhoe, and, WHEREAS, the funding for the four -wheel drive loader with integral backhoe 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 of one 2003 JCB 214 Four Wheel Drive Loader with Integral Backhoe from Westco Tractor, Inc., Santa Rosa in the amount of $62,365.12. NOW, THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the purchase of one one 2003 JCB 214 Four Wheel Drive Loader with Integral Backhoe from Westco Tractor, Inc., Santa Rosa in the amount of $62,365.12 • • RESOLUTION AUTHORIZING THE PURCHASE OF ONE 2003 JCB 214 FOUR - WHEEL DRIVE LOADER WITH INTEGRAL BACKHOE FROM WESTCO TRACTOR, INC., SANTA ROSA IN THE AMOUNT OF $62,365.12. WHEREAS, as part of the 2002 -2003 Vehicle Replacement Program, the Water Resources and Conservation Department identified a need for one four -wheel drive loader with integral backhoe, and, WHEREAS, the funding for the four -wheel drive loader with integral backhoe 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 of one 2003 JCB 214 Four Wheel Drive Loader with Integral Backhoe from Westco Tractor, Inc., Santa Rosa in the amount of $62,365.12. NOW, THEREFORE BE IT RESOLVED; that the City Council hereby authorizes the purchase_of one one 2003 JCB 214 Four Wheel Drive Loader with Integral Backhoe from Westco Tractor, Inc., Santa Rosa in the amount of $62,365.12 • Purchasing Office Finance Department CITY OF PETALUMA, CALIFORNIA 17VVITATION TO BID ONE (I) FOUR- WHEEL DRIVE LOADER W117VTEGRAL BACKHOE BID; DATA William J. Thomas, Finance Director/Purchasing Officer BID NUMBER: 03 -039 COMMODITY TITLE: One (1) Four - Wheel Drive, Loader w/Integral Backhoe BUYER: Sue Simmons BUYER TELEPHONE: 707- 778- 4322/Fax 707 - 778 74428 ISSUE DATE: BID OPENING DAY/DATE: Tuesday, March 4, 2003 TIME: 2:.00 PM LOCATION/ City Clerk's Office MAIL ADDRESS: City of Petaluma 11 English Street Petaluma CA 94952 BID CONTENTS 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. 11 S`./ITB #03 -039 1 1/22/2003 SECTION A • INSTRUCTION TO BIDDERS THIS IS NOT AN ORDER, BUT AN INVITATION FOR BID General: This Invitation to.B d (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 -039 ONE (1) 4=WHEEL DRIVE LOADER WITH INTEGRAL- BAC"OE A firm fixed price purchase order will be issued for one (1) 4 -wheel drive loadet with integral backhoe per specifications, terms and conditions, and other provisions outlined-below. Note: An Extended Warranty for the equipment being bid is requested. Pricing isbehig requested for 3 years -on the power train. 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, fine 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- erson signing the bid. Bids, once submitted may be modified in writing before the, time and date set forbid 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 Mod and,. identifying the ITB number and' closing date. Bidders may not rnodifybids after the bid deadline. S:/ITB #03 -039 1 - 2 1/22/2003 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 your bid is properly received, note the ITB number (03 -039) 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 subnutted 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 an y irregularities or informalities: in any bids. 5. ;R-0ults 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 Petaluma -CA 9z he City of Do not send bids to the Purchasinz Qff e 8. SECTIONS .0 (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. • S:/I'IB #03 -039 3 1/22/2003 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, 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 th acceptability ofthe material or equipment. Such acceptance by the City shall not relieve the Contractor from ful. 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 & WORMM ANSI3IP: 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. 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/maierial 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 ordele aclmowledgment or production date(s) for the equipment/material ordered. S: /ITB #03 -039 4 1/22/2003 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, ma 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 lo 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 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. SATB #03 -039 5 1/22/2003 14. DELIVERY: All deliveries shall be FAB. destination with all transportation and handling charges prepay by the Contractor. Responsibility :and. liability for loss or damage shall. remain with Contractor until fin . 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 any cash •discount specified on the ,bid _form, time will be computed from the date - of complex acceptance of `the equipment/material,, or from date correct invoices are 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 'attomey or otherwise, any ofthe money payable under this contract unless written consent of the City has beerrobtained. 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 Transportation tax requires no exemption certificates, but goods must be consigned to the City. California sales tv of 7.5% will be paid in accordance with the contract payment schedule. SATB ##03 =039 6 . 1/22/2003 + 19., SEVERABII;ITY If any provision of this contract is declared by a court to be illegal .or in conflict with any law; `the validity of the remaining1drnisl and provi ions 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. COMEPLIANCE' 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 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 Ahe 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 'compl'iance 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 in any manner whatsoever, relieved of his responsibility to thel City as l eremabove 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 ATA ..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 SATB #03 -039 7 1/22/2003 be enjoined from furnishing or using any invention, article, material or plans supplied or required to be supplied used under .the contract, the Contractor shall promptly substitute other articles, `materials or appliances in lieu thereo 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, 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 therm to use such invention article, materials or appliances without being disturbed or in anyway'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 ' the event the City, shall have the right to make such. substitution, or the City may pay such royalties znd secure such licenses and charge the Contractor even though final payment under the contract may have been made. 27.. INDEMNITY AND HOLD. HARM XSS :AGREEMENT Contractor agrees to accept all responsibility for loss or damage to any person or entity; and to defend, indemnify; hold harrnless.'and _release the City, its officers, agents nand 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 ar 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:compensati on payable to or for Contractor .or its agents under - Workmen's Compensation acts; 'disability'benefits acts or- other employee's benefits acts. Contractor shallbe liable to` the City for any` loss or damage to Cityproperty arising from or in connection with Contractor performance °hereunder. O not. ct of God and / war which s beyond that tract shall reasonable responsible for delay or default caused by`fire p rty held re onsible • , y party control. The City of Petaluma may temzinatle this contract by ;written notice after determining such delay or default will reasonably prevent successful performance of•the = act: " 29. BUSINESS' TAX: Contractors who are awarded a City contract, must pay a City business tax, pursuant to City Ordinance. 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 _re "cognition of dates, calculations that correctly compute - same century , and` multi century for -mulas :and date values, and - interface values that reflect the century,. None of these ,products should require zany 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 w th•h s bid complete and current illustrative and technical data on the proposed equipmerit/material. Failure 'to provide thiss information may be ent 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. SATB #03 -039 8 1/22/2003 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 3 years on the power train 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 making the vendors willingness to allow other agencies the opportunity to "piggy- back." • SATB #03 -039 9 1/22/2003 SECTION BID ITB 03-039 O=N- (1) . , , -WHEEL DPJN-T LOADER- NVITH INTEGRAL BACKHOE Ttie Cin.r desires to purchase one (1) 4-wheel drive loader with InLtgral backhoe in accordance with the specifloanoi and terms and conditions contained in this IT b,. I.. one (1) 4 Drive Loader with Integral Bae"oe S Sly.,, - 7 45 f� 1\/Iodel a -Saies Tax 1 4 5 3 1)elivery 4. To.Tal 3 5­ Warr-am) ^W/ - 17,22 iv TZ? 1150 VF— I - 5-2 -c `O) h4ininium Three ;Nears on the• power train with no deductible De-11v try 11 calendar clays after receipt. of purchase order. Bid.ltem Av -C.11ilable For Other Agency "Pi Back PTO CUM Yes The undeysi declares that before preparing this bid, he/she carefully read the specifications and for. Bidders and that this bid is oracle with full kno.wItdge of the lcind, quality and quantity- , ofser,, , Ices.Liiad equipi to be fumished, and this bid is.as stated on documents submitted in response to the Clr)!'s hn to . if I within i Bid.. The widersigin6d offers and agrees i this bid's accepted, wihi foir�-fi Opening, TO furnis any or all- of the items upon which, prices are offered at the price set opposite each Hem. delivered at the designated point(s) within the iime specified, Discounts 'vvill be allowed for prompt payment: _percent, 10 calendar days, percent, 20 calendar days; percent, 'DO calendar days. COMP.r AJF-5T kL)DP 5 - 7 - ES - CITY, ST-- TE, ZJP CODE` /lo, 5 .4 6 A - q 1 3 L4 SIGNATUIT- OF PEP SON AUTHORIZED TO SIGN TYPED N- OF SIGNER L PA L­J TITLE AA4, I TELEPHONE •0 SSb - l — 1 3 DATE: 0 GENERAL: ONE (1) 4 -WHEEL DRIVE LOADER WITH INTEGRAL BACIMOE • • It is the intent of these specifications to describe one (1) new,2003- production model of the latest designed industrial, rubber- tired; four =wheel drive loader with an,,integral backhoe, mounted on a unitized main frame. The; loader/backho;e shall meet or exceed the construction and performance specifications described in the, following °muumum specifications.. The unit must be a new, unused model. Units that are classified 'as demonstrators, prototypes or discontinued models are not , acceptable. Modifications of existing models to meet these specifications will not be accepted. All equipment and 'accessories furnished, as standard by -the manufacturer shall be included. If not stated in the written specifications. Models bid must comply with ICED and SAE standards and meet CAL /OSHA, federal and state regulations. The seller shall be required to mark compliance to the section of the specifications in the space provided. Any deviations from the written specifications shown in the Invitation for Bid shall be noted in the Exceptions Section of'the invitation (see Bidder Supplied Data Section). In order to receive full consideration, bids must fully follow these specifications and the. invitation to Bid's General or Special Provisions. MINIMUM SPECIFICATIONS: To be completed by bidder and attached to Section C (Bid) SECTION D ITB 03 -039 YES NO 1.0 Tractor X 1.1 Engine The engine shall have a minimum SAE rating of 86 net horsepower. Minimum peals torque 200 lbs /ft SAE net. The diesel engine shall be direct injection, four - stroke cycle, four cylinders, having not less than 243 cubic -inch displacement. The engine shall be equipped with the following items: c 1.1.1 A direct 12 -volt starting system with an 85 -amp alternator. 1.1.2 Heavy -duty pressure lubricating system with by -pass oil filters. S: /ITB #03 -039 11 1/22/2003 C] • .. S: /ITB 103 -039 1 .1.3 A replaceable dry -type air cleaner with an :air restriction indicator located in the operator's compartment., .k 1.1.4 Replaceable. fuel filter element. 1.1.5 Fuel p-unp that can be -manually used to prime the fuel system. _ 1.1.6 Governor. _ 1.1.7 A vertical muffler with exhaust extension and rain cap over cab or canopy. 1.1.8 Engine side enclosures. 1.1.9 Heavy -duty batteries (360 minute reserve). _ 1.1.10 All other inanufacturer's. stand_ and accessories necessary for full protecfion of the eno" e''s operation. 1.2 Power Train: F 1.2:1 Transmission: The unit.sliall be equipped with a four =speed forward and reverse .collar shift transmission using a torque converter. A power shuttle reverse is required for shifting in either forward or reverse direction while at full_ power for loader operations 1.2:2 Torque converter driver with. 2.2:1 to 2.8:1 ratio — no clutch.. 1,2.3 Travel speed — 19 miles per hour minimum. 1.3, Brakes: 1.3:1 Inboard wet disc brakes — hydraulically operated. } 1,.3.2 Left or right brake actuated 'individually or simultaneously. �c 1.3.3 Parking Brake operated independently of service brakes and equipped with a warning light. 1.4 Front Axle: 1.4.1 Static w..ei "ght rating — 11,000 lbs minimum. X 1.4.2 Tread width (centerline) — 74 inches: 1.4.3 Tire size — 14x17.5 1 OPR5 GL. 1.5 Rear Axle: 1.5.1 Tread Width , .(centerline) — 68 niches. 1.52 Tire size — 19.5Lx24l OPR. 1.5:3 Wheelbase — 90 inches. 1:6 Hydraulic System: 1.6.1 Return Filtered —absolute 10 micron. 1.6.2 Hydraulic fittings — .Standard SAE spec sizes. _ L7 Cab... A canopy with windshield designed for use with the backhoe and manufactured by the supplier of the complete Lulu l?eing.bid. A_ROPS structure must be antegral with the in -cab fi-ame and meeting all the requirements of SAE - J1040C. The cab shall have tinted safety glass mounted in rubber, giving excellent_v'sibility to all outside areas of the loader/backhoe. The cab shall include front_ windshield wipers.. The maxim sound level requirements at the C] • .. S: /ITB 103 -039 • • • operator's ear will be no more than 85 db (A) in an 8 -hour S: /ITE ##03 -039 13 1/22/2003 period. Suspension seat with armrests and 3 -inch seat belt. Single rear view mirror – center of cab above windshield. x � 1.8 Instrumentation: The unit shall be equipped with the manufacturer's standard performance gauges and indicator lights. Light to be provided in each gauge. All are to be grouped so that the operator has easy view of them while either working the loader or .backhoe. These performance gauges and lights to include at least the following items: Y 1.8.1 Fuel gauge. x 1.8.2 Tachometer. x 1.8.3 Hour meter. X 1.8.4 Alternator /ammeter. x 1.8.5 Engine coolant temperature gauge. x 1.8.6 Torque converter /reverser temperature gauge converter/ reverser temperature gauge. 1.9 Accessories and Additional :Equipment: The tractor shall be equipped with, but not limited to, the following items: 1.9.1 Hydraulic power steering. 1.9.2 Rear fenders. x 1.9.3 Complete vandal protection packages. 1.9.4 Foot and hand throttle shall be provided. 1.9.5 Combination stop and taillight. x 1.9.6 Turn signals with emergency flashers. 1.9.7 Two front headlights. X 1.9.8 Two rear work lights. 1.9.9 Electric back -up alarm. 1.9.10 Light or alarm to indicate parking brake engaged 1.9.11 Horn. 2.0 Loader: The tractor shall be equipped with an industrial type 4 in 1 front end loader bucket complete with a bolt on cutting edge and attaching forks for lifting and shall be the same as the front and rear tire width. The loader to be operated by a single lever with float. The bucket, as it is being raised to the full height position, must be self- leveling, either by mechanical or hydraulic means. The loader must have the capacity of return to dig with full height. A bucket level indicator must be provided. The loader shall meet or exceed the following minim specifications: 2.1 Life capacity at full height 8,600 pounds. 2.2 Breakout force – 13,400 pounds. —T K 2.3 Dump height clearance at 45 degrees – 9 feet. 2.4 Roll back at ground level – 46 degrees. 2.5 Digging depth below ground level – 4 inches. 2.6 Equipped with Smooth Ride System, for stabilization of S: /ITE ##03 -039 13 1/22/2003 oATB 403 -039 14 1/22/20031 front loader and tractor while moving. • 56 3..0 Backhoe: Case type controls. A rear - mounted fixed hydraulic unit to be operated by levers for raise, lower, and bucket functions. Swing controls to be operated by foot pedals. A positive mechanical locking device for boom and swing is required while in the transport position. Chains for locking boom and swing transport position are not acceptable. The backhoe shall meet these specifications: X 3.1.1 Digging depth with a 2 -foot flat bottom 18 feet 5 inches. 3.1.2 Swing arc 180 degrees. 3.1.3 Maximum lifting capacity per SAE J31 with boom at 65 degrees. _ 3.1.4 Dipper lift - 8,000 pounds at 4 feet. 3.1.5 Bucket digging force — 12,000 pounds. 3.1.6 Reach from center of swing mast 17 feet 7 inches. 3.2 Bucket: 12 -inch heavy duty bucket. 3.3 Dipperstick: four -foot extendible, operable by lever control with counterweights and shims. x 3.4 Stabilizer pad: for street work. Spread (operating) 10 feet 6 inches. Individually controlled with no =drift lock outs. 4.0 Additional Requirements: K 4.1 Operating Weight: The complete unit in a fully serviced condition' including fuel, oil, water and other standard • accessories shall not be less than 15,000 pounds. This Weight - shall - not' include hydro - inflation in the tires, additional counter weights or optional: equipment if specified. 4.2 Paint: The complete unit, with exception of trim, shall be painted manufacturer's standard color. 4.3 Instruction: 4.3.1 Operators' field instruction (minimum of 4 hours). 4.3.2 Service ,mechanics' mechanical and technical instruction (minimum of 8 hours per mechanic — total of 16 hours). 4.3:3 Include any and all video instruction, o other training material, that may be available. 4.4 Manuals: Bidder shall supply two (2) spare parts books, two,, (2) service and repair manuals, and two (2) operator's manuals with each unit. Manuals shall totally cover, in detail, maintenance, operation, replacement parts and technical data to,repair tractor and backhoe. 4.5 Warranty: A copy of the warranty policy outlining the terms and conditions to be included in the proposal. 4.5.1 Optional: Three (3) year extended power train warranty covering defective components or workmanship. . These items will be repaired or replaced without charge for parts • or labor to the original purchaser. oATB 403 -039 14 1/22/20031 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: n • • S: /1TP #Q3 -039 l� 1;?2, 1 :SECTION F IT 03 -039 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 apart of this bid, you are required to provide warranty service contact indivi'dual(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. S � ' -- r A e- 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. 3. Replacement Parts: The availability and location of replacement parts shall be stated m the space provided below: B�4 2�r, io l 4 Av 4 1 l,9 3 i v f 7-� 1 l F- ►� O i is ST7�4:Y(� �S� nrT '� t,Ce' - to t:L1S .� Lb .1 i 7 4. Accessories Include below a detailed list of accessories provided with the vehicle. • s.�l B #0 -039 16 1 /22IL OOJ c k; K a I W IFICATE OF WARRANTY Subject to the following provisions, JCB and the Dealer shall, as their sole warranty, make good or cause to be made good by repair or replacement (at JCB's op- tion) free of charge to the Buyer at the premises of the Dealer any defects in JCB Products arising, in JCB's opinion, from faulty materials or workmanship which shall become apparent within the warranty period (as hereinafter defined). 1. GENERAL (a) This warranty applies only when the JCB Pro- duct has been properly maintained and operated under normal use and service, according to JCB specifications and recommendations. This war- ranty does not extend to failures, defects or damage substantially attributable to wear and tear, improper adjustment, neglect, misuse, operation beyond, rated or recommended capac- ity, alteration of specifications, accident, the use of oils not specified by JCB, or the use of, parts or products other than those specified by JCB-for required maintenance service or repair. (b) The Buyer must promptly notify JCB and the Dealer of any claim under this warranty speci- fying full particulars of the alleged defect, machine number, the hours worked, the date the machine to the Buyer and the,date the alleged defect became apparent, and if JCB or the Dealer shall so request, the Buyer shall return at its cost all defective parts to JCB or the Dealer. (c) In the event of the rejection by JCB or the Dealer of any claim,or claims under this warranty the part or parts returned to JCB or the Dealer may be disposed of by the Dealer or JCB upon sixty (60) days' written notice by JCB or the Dealer to the Buyer of their intent to make such disposal, pro- vided that the Buyer may at any time prior to the expiration of such sixty (60) days request in writing the return of any such part or parts at the Buyer's cost and expense. (ii) Any name or number plates or other identifica- tion marks on the JCB Product shall have been removed or defaced. (e) This warranty is limited in application to new and unused JCB Products but once the warranty has commenced, it shall continue for the benefit of the first Buyer only during the warranty period. (f) This warranty does not extend to parts, equipment and attachments not manufactured by JCB, but JCB shall, so -far as possible, pass to the Buyer the benefit of any warranty, of the manufacturer of such parts, equipment and attachments. (g) In this Certificate of Warranty, JCB means JCB Inc., (in Canada JCB Excavators„ Ltd.) thwDealer means the dealer from whom the Buyer has pur- chased or rented the JCB Product and the Buyer means.the customer of the Dealer, whether by way of purchase, rental or otherwise. (h) Some states do not allow the exclusion or limita- tions of implied warranties or consequential damages, so the limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state. II. WARRANTY PERIOD (a) The warranty period in relation to JCB Products shall be the following: Machines (Backhoe'Loaders, Loadalls, Tracked Excavators Articulated Loadin Shovels Rou h expiration of the Machine warranty period, whichever is greater) Parts (as specified in the JCB Parts Catalog, where not installed on machine prior to delivery) 90 days (or the remaining portion of the machine warranty period whichever is greater.) (b) U n lessi otherwise expressly approved in writing by an officer of JCB the warranty period shall start (i) on the date of delivery to the first buyer (ii) in the case of lease or rental machines, at the time whenthe Dealer first disposes of the JCB Product by way of lease or rental; and (iii) in the case of machines, previously used as demonstrators, upon the sale, lease or rental of the machines or upon the reaching of 200 hours of operation, whichever shall oc- cur first; PROVIDED ALWAYS that the warranty period shall expire in, relation to all Machines (including sale, lease, rental and demonstration units) no later than 2 years calculated from the date of delivery, of the Machine by JCB to the Dealer or upon expiration of 1500 hours of operation, whichever shall occur first. (c) Where within the warranty period of a JCB Pro- duct, a defective Part is replaced with a new Part, the warranty with respect to the new Part shall not exceed the. unexpired portion of the warranty . period of the original JCB Product. d This warran shall cease to have effect and JCB's g g O tY Terrain Fork Lifts and other machines specified Ill. EXTENDED WARRANTY and the Dealer's liability shall cease with respect in JCB's Machine Price List) JCB may from time to time offer an extended war - to any JCB Product if: 1 year or 1500 working hours, whichever shall ranty with respect to particular Machines., No such (i) The JCB Delivery Report shall not have been occur first extended warranty will be binding on JCB - unless returned duly completed to the Dealer from expressly authorized by JCB and specifically noted whom the applicable JCB Product was pur- Equipment (attachments as specified in JCB's on the JCB Delivery Report relating to the chased, leased or placed into a capitalized Machine Price List) Machine. Any such extended warranty will in all rental fleet within seven (7) days of the delivery 90 days (or, if installed as original equipment or events be governed by the general provisions of of the JCB Product to the buyer. before expiration of Machine warranty period, until this Certificate of Warranty. THE EXPRESS WARRANTY CONTAINED HEREIN IS IN LIEU OF ANY OTHER EXPRESS OR IMPLIED WARRANTY, CONDITION OR GUARANTEE BY JCB OR THE DEALER WHETHER STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. EXCEPT FOR THE EXPRESS LIABILITY UNDER THIS EXPRESS WARRANTY NEITHER JCB NOR THE DEALER SHALL HAVE ANY OBLIGATION OR LIABILITY FOR ANY INCIDENTAL, CONSEQUENTIAL OR OTHER LOSS, DAMAGE OR INJURY RESULTING DIRECTLY OR INDIRECTLY FROM THE SALE, LEASE, RENTAL, OR OTHER USE OF JCB PRODUCTS OR RESULTING FROM ANY DEFECTS IN ANY JCB PRODUCTS. 990215012 511189 • POwertrain Warranty Coverages Summary o Engine Rocker arm cover & gasket o Cylinder head & gasket ® Oi'I pan & gasket e Injection nozzles o Water pump & Gaskets ♦ Thermostats ♦ Engine block o Ring gear & flywheel e Timing gear cover o Front & rear engine seals ® Turbocharger & gaskets o Manifolds & gaskets ♦ Engine oil cooler ♦ Flywheel housing & gasket 0 o All parts fully enclosed within the engine. Powertrain Warranty Coverages Transmission/Differential Coverages Summary ® Torque converter Forward /Reverse shuttle (excluding oil cooler, hoses, shift cables, linkage and electronics) ® Syncro shuttle transmissionlpowershift (excluding oil cooler, hoses and electrics) ® Gear box e Drive Flubs & Chains ® Transmission drive pump & motors ® Transfer Drive ® Drive shaft with .universal joints ® Axle(s) and differential(s) ® Final drive gearbox ® Wet service and wet park brakes •