Loading...
2002-052 Rescue Pumper Fire Truck Bid Award• RESOLUTION 52 -2002 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BRACH, FLORIDA, ACCEPTING THE BID OF TEN -8 FIRE EQUIPMENT, INC. FOR ONE (1) RESCUE PUMPER FOR THE PUBLIC SAFETY DEPARTMENT IN THE AMOUNT OF $270,125.00, A COPY OF WHICH BID IS ATTACHED TO THIS RESOLUTION; FUNDS TO BE EXPENDED FROM LOAN FINANCING; PROVIDING THAT PAYMENT IS ONLY TO BE MADE, TO TEN -8 FIRE. EQUIPMENT, INC. UPON APPROVAL OF THE LEASE - PURCHASE. AGREEMENT BY THE VILLAGE COUNCIL; AND, PROVIDING FOR AN EFFECTIVE DATE. BI's IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby accept the bid of Ten -8 Fire Equipment, Inc for one (1) rescue pumper for the Public Safety Department in the amount of $270,125.00, a copy of which bid is attached to this Resolution. The monies are to be expended from loan financing. Section 2. Payment of monies to Ten -8 Fire Equipment, Inc. shall only be made upon approval of the lease- purchase agreement by the Village Council. Section 3. This resolution shall take effect upon approval of a lease - purchase agreement by the Village Council. PASSED AND ADOPTED THIS 10th DAY OF OCTOBER, 2002. (Village S!ml) A7'7'1?ST: • VILLAGF CLERK • CONTRACT and THIS AGREEMENT, made by and between Pierce Manufacturing, Inc., Appleton, WI, first party, The Village of North Palm Beach by Its authorized representative, second party W ITNESSETH; Fret. The said first party hereby agrees to furnish the apparatus and equipment according to the specifications hereto attached and made a part of this contract, and to deliver the same as hereinafter provided. Second. The first party agrees that all material and workmanship in and about said apparatus and equipment shall comply with said specifications. In the event there Is any conflict between Customer Specifications and the Pierce Proposal, the Pierce Proposal will prevail. The standard Pierce Warranty will apply. Third. This contract for fire apparatus conforms with all Federal Department of Transportation (DOT) rules and regulations in effect at the time of contract signing, and with all National Fire Protec- tion Association (NFPA) Guidelines for Automotive Fire Apparatus as published at the time of contract signing, except as modified by customer specifications. Any increased costs Incurred by first party be- cause of future changes in or additions to said DOT or NFPA standards will be passed along to the cus- tomer as an addition to the price set forth below. Fourth. The said apparatus and equipment shall be ready for delivery from Appleton, Wisconsin, within about 270 — 300 Days after the receipt and acceptance of this contract at the first party's office at Appleton, Wisconsin, delays due to strikes, failures to obtain chassis, materials, or other causes beyond its control not preventing, and shall be delivered to said party of the second part at Village of North Palm Beach, Florida Fifth. A competent serviceman shall upon request, be furnished by first party to demonstrate said apparatus for second party and to give its employees the necessary instructions in the operation and handling of said apparatus. Sixth. The second party hereby purchases and agrees to pay for said apparatus and equipment, the sum of Two Hundred Eighty Two Thousand Eight Hundred and Six Dollars (E 282, 806.00 1 Pricing Good Until May 31, 2002 • • 4 -29 -2002 1:54PM FROM DENNIS W. KELLY 561 848 3344 P. 2 Payment shall be made directly to first party at its Appleton, Wisconsin office. Under no circum- stances shall payment be made to the dealer or any other party except Pierce Manufacturing, Inc. Any representation that payment is authorized to be made to another party is in violation of this agreement. Net payment is due upon acceptance at Pierce Manufacturing, Inc., Appleton, WI., unless otherwise specified herein. If deferred payment arrangements are made, such arrangements shall be in writing. and second party's obligation thereunder shall be evidenced by negotiable paper. Purchase for this unit in accordance wiLh Lake County Sid 99 -150 For "Tag -on" If more than one piece of apparatus is covered by this contract, the above terms of payment shall apply to each piece, and an invoice covering each piece shall be rendered in the proper amount. Seventh. In case the second party desires to test the apparatus, such test shall be made within ten 110) days after arrival at destination, and a written report of such test forthwith delivered to the first party at its principal office at Appleton, Wisconsin. If no such test be made, or If no such report be made by the second party within ten (10) days after arrival, then said apparatus and equipment shall be conald- ered as fury complying with contract specifications. Eighth. It is agreed that the apparatus and equipment covered by this contract shall remain the property of the first party until the entire contract price has been paid, but if more than one piece of ap- paratus is covered by this contract, then each piece shall remain the property of the first party until the above listed price for such piece has been paid in full, and in case of any default in payment the first party may take full possession of the apparatus and equipment, or of thepiece or pieces upon which default has been made, and any payments that have been made shall be applied as payment for the use of the appa- ratus and equipment up to date of taking possession. Ninth. This contract to be binding must be signed and approved by an officer of Pierce Manufactur- ing, Inc., or someone authorized by it to do so. This contract and specifications take precedence over all previous negotiations and no representations are considered as entering into this contract except as are contained herein or in the specifications attached hereto. This contract cannot be altered or modified except by mutual written agreement signed by the parties. IN WITNESS WHEREOF, the said parties have caused these presents to be executed and the sec- ond party has caused its seal to be affixed, and attested by its authorized representatives on this day of _,19 . The PIERCE MANUFACTURING. INC. By LMA Date of Acceptance (Seal) • THIS ADDENDUM NO. 1 is to that certain contract by and between Pierce Manufacturing, Inc., herein referred to as "Contractor," and the Village of North Palm Beach, Florida, a municipal corporation, herein referred to as "Village," dated this day of 2002. 1. PERFORMANCE AND PAYMENT BOND. Contractor shall submit a performance surety bond for labor and materials payment bond satisfactory to the Village equal to one hundred (100 %) percent of the contract price. 2. WARRANTY. Attached to this agreement and made part hereof are the following- referenced warranties to Village by Contractor: (1) Basic One Year Limited Warranty (2) Body Ten Year Structural Integrity Optional Limited Warranty (3) CAB Ten Year Structural Integrity Limited Warranty (4) Chassis Frame Rail Lifetime Structural Integrity Limited Warranty (5) Paint/Corrosion Limited Warranty (6) The All -Out No Fault Lifetime Warranty 3. DELIVERY TERMS. The equipment to be manufactured and delivered to the Village of North Palm Beach shall be in new and full operating condition. Destination freight and other costs of delivery are included in the total price. 4. TAX EXEMPT. The Village of North Palm Beach is exempt from federal excise taxes and all sales taxes. Situs of all transactions under this contract shall be deemed to have been accomplished within the State of Florida. 5. ASSIGNMENT OF CONTRACTUAL RIGHTS. Contractor shall not assign, transfer, convey or otherwise dispose of the contractual rights set forth in the contract between the parties. 6. HOLD HARMLESS AND INDEMNIFICATION. The Contractor agrees for good and valuable 66"sideration to protect, defend, indemnify and hold the Village of North Palm Beach, a municipal corporation, its officers, employees and agents free and • harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings or causes of action of every kind and character in connection with or arising Addendum No. t to Proposal for Furnishing Fire Apparatus by and between Pierce Manufacturing, Inc., • and the Village of North Palm Beach, Florida Page 2 directly or indirectly out of the error, omission or negligent act of the Contractor. Without limiting the generality of the foregoing, any and all such claims, relating to personal injury, infringement of any patent, trademark, copyright (or application for any thereof) or of any other tangible or intangible personal or property right, or actual or alleged violation of any applicable statute, ordinance, administrative order, rule or regulation, or decree of any court, shall be included in the indemnity hereunder. The Contractor further agrees to investigate, handle, respond to, provide defense for and defend any such claims, etc., at its expense and agrees to bear all other costs and expenses related thereto, even if such claim is groundless, false or fraudulent. Such indemnification shall include, but not be limited to, reasonable attorney's fees and all costs to Village in defending itself, both at the trial and appellate levels. 7. LAW GOVERNING. This agreement shall be subject to, governed by and construed in accordance with the laws of the State of Florida. B. LIQUIDATED DAMAGES. If Contractor fails to deliver the equipment in the condition specified to the Village of North Palm Beach within three hundred (300) working days from full execution of the contract, Contractor shall be liable for and pay to the Village liquidated damages for delay in the amount of Seventy -five ($75.00) Dollars per calendar day for each day beyond the said three hundred (300) working day period. 9. PERFORMANCE TESTS AND REQUIREMENTS. A road test will be conducted with the apparatus fully loaded, and a continuous run of ten (10) miles or more will be made under all driving conditions, during which time the apparatus shall show no loss of power or overheating. The transmission drive shaft or shafts and rear axles shall run quietly and be free from abnormal vibration or noise throughout the operating range of the apparatus. Vehicle shall adhere to the following parameters: A. The front to rear weight distribution of the fully loaded vehicle (as defined by applicable NFPA guidelines) shall be within the limits set by the chassis manufacturer. The front axle load shall not be less than the minimum axle loads specified by the chassis manufacturer under full load and all other loading conditions. B. The apparatus must be capable of accelerating to 35 mph from a standing start within 25 seconds on a level concrete highway without exceeding ttX1,,,00ximum governed rpm of the engine. C. The service brakes shall be capable for stopping the fully • loaded vehicle in 35 feet at 20 mph on level concrete highway. D. The apparatus, fully loaded, shall be capable of obtaining a speed of 60 mph on a level concrete highway with the engine not exceeding Addendum No. 1 to Proposal for Furnishing Fire Apparatus by and between Pierce Manufacturing, Inc., • and the Village of North Palm Beach, Florida Page 3 its governed rpm. 10. FAILURE TO MEET TEST. In the event the apparatus fails to meet the test requirements of these specifications on the first trials, second trials may be made at the option of the bidder within thirty (30) days of the dale of the first trials. Such trials shall be final and conclusive, and failure to comply with these requirements shall be cause for rejection. Failure to comply with changes as the Village may consider necessary to conform to any clause of the specifications within thirty (30) days after notice is given to the bidder of such changes shall also be cause for rejection of the apparatus. Permission to keep or store the apparatus in any building owned or occupied by the Village or its use by the Village during the above specified period with the permission for the bidder shall not constitute acceptance. 11. INSURANCE. Contractor shall maintain, or cause to be maintained, the following specified. insurance coverages in the amount set forth hereafter: (1) WORKERS COMPENSATION: Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal laws. The policy shall include Employers Liability. Notwithstanding the number of employees or any other statutory provisions to the contrary, coverage shall extend to all employees of Contractor. Statute limits shall be in compliance with applicable State and Federal laws. (2) COMPREHENSIVE GENERAL LIABILITY: Shall have the minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations, Independent Contractor, Products and Completed Operations, Broad Form Property /Personal Injury, XCU coverage, and a Contractual Liability Endorsement. (3) BUSINESS AUTO LIABILITY: Shall have the minimum limits of coverage of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury and Property Damage Liability. This shall be an Aany -auto policy including Owned, Hired, Non - Owned, and Employee Non- ownership Coverage. The j(jjjaye shall be included as an Additional Insured under the General Liability and Automobile Liability policies. • Current valid insurance policies meeting the requirements herein identified shall be maintained during the duration of the named project. There shall be a thirty (30) day notification to the Village in the event of cancellation or modification of any stipulated insurance policy. It shall be the responsibility of the Contractor to ensure that all Addendum No. 1 to Proposal for Furnishing Fire Apparatus by and between Pierce Manufacturing, Inc., • and the Village of North Palm Beach, Florida Page 4 subcontractors are adequately insured or covered under their policies. Certificates of Insurance shall be on file with the Village and approved by same prior to the commencemenx of any work activities. Such approval does not waive the Contractor's responsibility'to comply with the requirements of this section or modifications of this section. All insurance policies shall be "best rated" AX (10) or higher. 12. ATTORNEY'S FEES. In any litigation between the parties in regards to this agreement, the prevailing party in such litigation shall be entitled to recover from the non - prevailing party reasonable attorney's fees and all costs of litigation both at the trial and appellate level. 13. PAYMENT. Payment from Village to Contractor shall be made on delivery of the equipment to Village of North Palm Beach in new and full operating condition and after successful performance tests as set forth herein. 14. SPECIFICATIONS. Specifications for the equipment to be manufactured and furnished to Village are set forth in Exhibit "A" attached hereto and made part of the contract. 15. PROPOSAL. Attached hereto as Exhibit "B" is a "Proposal for Furnishing Fire Apparatus" from Contractor. The terms and provisions of the proposal are made part of the contract. 16. ADDENDUM SHALL PREVAIL. The terms and provisions of this Addendum No. 1 shall prevail over any conflicting provisions set forth in the agreement between the parties or attachments thereto. 0 PIERCE MANUFACTURING, INC. A- vlllageUuelruc.adl VILLAGE OF NORTH PALM BEACH Attest: Village Manager Village Clerk A-29-2002 1:54PM • • F""�A DENNIS W. KELLY 561 848 3344 EXHIBIT "B" Villa a of North Palm Beach 560 .S. kIwv I Nortb Palm Beach, Florida 33408 Apo 25, 2002 PROPOSAL -eat NRIaMWO. FIRE APPARATUS The undersigned is prepared to manufacture for you. upon an order being placed by you, for final acceptance by Pierce Manufacturing, Inc., at its home office in Appleton. Wisconsin, the apparatus and equipment herein named and for the following prices: One Pierce Enforcer Rescue fi=Mr S 282.$06.00-- ftr Indudcd S eificatipas P—mbase In Awcordana with a County Bid 99- Ot eg n ,r t• r".1 It IMISVMJFt- NOM-MI , PI Said apparatus and equipment are to be built and shipped in accordance with the specifications hereto attached, delays due to strikes, war or intentional conflict, failures to obtain chassis, materials, or other causes beyond our control not preventing, within about 270-300� working days after receipt of this order and the Rep 4 thereof at our Appleton, Wisconsin, and to be delivered to you N North Palm Beach The specifications herein contained shall fo[m a part of the final oontract, and are subject to changes desired by the purchaser, provided such alteration are intMined prior to the acceptance by the company of the order to purchase, and provided such alterations do not materially affect the cost of the construction of the apparatus. The proposal for fire apparatus conforms with all Federal Department of Transportation (DOT) rules and regulations in effect at the time of bid, and with all National Fire Protection Association (NI ?A) Guidelines for Automotive Piro Apparatus as published at the time of bid, except u modified by customer specifications. Any increased costs incurred by first party because of future changes in or additions to said DOT or NFPA standards will be passed along to the customers as an addition to the price set forth above. Unless accepted within 30 days from dote, the right is reserved to withdraw this proposition. PI$R , fN . sy� t - ��Q' SALES REPRESENTATIVE Village of North Pa " -, Beach, Florida Bid Summary Sheet Bid Opening For: DATE: - _ Time: 3:00 PM No. of Bids Mailed Out: No. of Bids Received: No. of Bids Qualified: NA Date Advertised: Due Date: Department: / E Account Number: Vendors: - Description N 5% Bid Bond - Yes/No: Cost/Item (if any): NA Total Item Cost: NA Freight: NA Grand Total: NA Delivery Date /Time: NA Comment: 1.