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Resolution No. 8113
t ,r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8113 A RESOLUTION OF THE CITY COUNCIL OF.THE CITY OF VERNON RATIFYING THE ISSUANCE OF BID NO. 1420, ACCEPTING THE BID OF SHEPHERD MACHINERY CO. ON BID NO. 1420 FOR THE PURCHASE OF A CATERPILLAR 420D BACKHOE LOADER FOR THE COMMUNITY SERVICES & WATER DEPARTMENT AND APPROVING AND AUTHORIZING THE EXECUTION OF AN EQUIPMENT PURCHASE CONTRACT AND AMENDMENT #1 AND THE ISSUANCE OF A PURCHASE ORDER RESPECTING SAID BID WHEREAS, the Community Services & Water Department needs a new Caterpillar 420D Backhoe Loader ST 2WS (the "Backhoe") for use by its water construction crew when the City's primary tractor is unavailable; and WHEREAS, on October 9, 2002, the City Council of the City of Vernon adopted Resolution No. 8084 approving a. Request for Proposal for the Backhoe; and WHEREAS, based upon the specifications contained in the Request for Proposal provided by the Community Services & Water Department, the Purchasing Department prepared Bid No. 1420 dated October 29, 2002, and proceeded to solicit bids for the purchase of the Backhoe; and WHEREAS, sealed bids for Bid No. 1420 were opened on November 21, 2002 and reviewed by the Community Services & Water Department; and WHEREAS, by letter dated January 2, 2003, Bruce V. Malkenhorst, City Administrator/City Clerk, recommended that the bidding process be ratified and Bid No. 1420 be awarded to Shepherd Machinery Co., the lowest responsible bidder meeting the requirements of Bid No. 1420; and 1 WHEREAS, the City Council of the City of Vernon desires to 2 ratify the Purchasing Department's issuance of Bid No. 1420. 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 4 CITY OF VERNON AS FOLLOWS: 5 SECTION 1: The City Council of the City of Vernon hereby 6 finds and determines that the recitals contained hereinabove are true 7 and correct. 8 SECTION 2: The City Council of the City of Vernon hereby 9 ratifies the Purchasing Department's issuance of Bid No. 1420. 10 SECTION 3: The City Council of the City of Vernon hereby 11 awards Bid No. 1420 to Shepherd Machinery Co. and accepts and approves 12 the Equipment Purchase Contract and Amendment #1, a copy of which is i 13 attached hereto as Exhibit "A" and made a part hereof. 14 SECTION 4: The City Council of the City of Vernon hereby 15 authorizes the Mayor and the City Clerk to execute the Equipment 16 Purchase Contract and Amendment #1 on behalf of the City and authorizes 17 the issuance of a purchase order for the purchase of the Backhoe 18 pursuant to Bid No. 1420. 19 SECTION 5: The City Council of the City of Vernon hereby 20 directs the City Clerk, or his designee, to send one fully executed 21 Contract and Amendment #1 to: 22 Shepherd Machinery Co. 23 Attn: W. Shepherd III, President P. 0. Box 226789 24 Los Angeles, CA 90022-_0489 25 SECTION 6: All other bids in connection with Bid No. 1420 26 are rejected, subject to execution of the aforesaid contract documents 27 from Shepherd Machinery Co., accompanied by all required certificates. 28 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 7: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 8th day of January, 2003. ATTEST• BRUCE V. MALKENHORST, City Clerk LEONIS �C.A BUR�G,yor - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 8113, was duly adopted by the City Council of the City of Vernon at an adjourned regular meeting of the City Council duly held on Wednesday, January 8, 2003, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerk - 4 - EXHIBIT AV 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EQUIPMENT PURCHASE CONTRACT THIS CONTRACT is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of this day of December 2002, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN THE CITY OF VERNON (hereinafter referred to as the "City") 4305 Santa Fe Avenue Vernon, California 90058 AND SHEPHERD MACHINERY CO., a Limited Partnership (hereinafter referred to as "Shepherd") 10006 Rose Hills Road Whittier, California 90601-1794 WHEREAS, the City's Community Services & Water Department is in need of a Caterpillar 420D Backhoe Loader ST 2WS (the "Backhoe") for Muse by its water construction crew when the City's primary tractor is unavailable; and WHEREAS, on October 29, 2002, the City issued Bid No. 1420 requesting bids on the Backhoe; and WHEREAS, on or about November 21, 2002, the City received various proposals for the purchase of the Backhoe identified in Bid No. 1420; and WHEREAS, on November 21, 2002, Shepherd submitted a bid for the Backhoe pursuant to the specifications contained in City of Vernon Request for Proposal dated October 21, 2002; and WHEREAS, the City desires to purchase the Backhoe as 1 referenced above from Shepherd. 2 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET 3 FORTH HEREIN: 4 1 Purchase. 5 Shepherd agrees to sell and deliver to the City the Backhoe, 6 together with accessories and equipment options, as set forth in the 7 specifications contained in the City of Vernon Bid No. 1420, dated 8 October 29, 2002, and identified in Shepherd's November 21, 2002 bid 9 (collectively referred to as the "Bid Documents"). A copy of the Bid 10 Documents are attached hereto as Exhibit "A" and incorporated herein by 11 reference. 12 2. Time of Performance. 13 Shepherd's performance identified herein shall commence upon 14 signing of this Contract and shall be completed by Shepherd within 90- 15 120 days from receipt of a purchase order, unless otherwise terminated 16 or extended pursuant to the terms of this Contract. 17 3. Price. 18 Consistent with its bid, Shepherd agrees to sell and deliver 19 the Backhoe to the City's Yard in the City of Vernon. The City agrees 20 to purchase, subject to final inspection, the Backhoe. The purchase 21 price for the Backhoe is Seventy -Four Thousand One Hundred Fourteen 22 Dollars and No Cents ($74,114.00), plus sales tax of Six Thousand One 23 Hundred Fourteen Dollars and Forty-one Cents ($6,114.41). i 24 4. Payment Terms. 25 The City agrees to pay Shepherd one hundred percent (100%) ofl, 26 the total purchase price, net thirty days, after delivery and 27 acceptance of the equipment by the City FOB destination and receipt of 28 an invoice from Shepherd. o I 1 5. Change and Extra Services. 2 The City reserves the right to request changes in the 3 equipment design, delivery dates, or additions to or deletions from the 4 equipment purchased from Shepherd. All such changes shall be 5 incorporated in written change orders executed by the City and Shepherd 6 that shall specify the changes ordered and the adjustment of prices, 7 delivery schedules and warranties. Any equipment or services added to 8 this Contract, under this section, shall be executed under all .9 applicable conditions of this Contract. No claim for additional 10 compensation or extension of time shall be recognized unless contained 11 in a duly executed change order. 12 6. Cancellation/Default. 13 A. This Contract may be terminated by the City for its 14 convenience upon fifteen (15) days prior written notice and upon 15 payment of reasonable and proper termination charges, including, but 16 not limited to, all costs incurred or committed prior to the effective 17 date of notice of termination and all charges incurred by Shepherd in 18 connection with the termination, plus reasonable overhead and profit. 19 B. In the event that Shepherd commits a breach of a material 20 condition of this Contract, the City shall notify Shepherd in writing 21 of said breach and if Shepherd has not cured or begun reasonable 22 efforts to cure after fifteen (15) days of receipt of said notice, and 23 fails to diligently pursue corrective action, then the City shall have 24 the right to cancel this Contract. Shepherd shall be responsible for 25 any direct costs due to the City's re -procurement of the equivalent of 26 the equipment or services cancelled from Shepherd. 27 7. Confidential Information. 28 A. Access to Confidential Information. The City may 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 provide Shepherd with, or allow Shepherd -access to, certain information not available to the public concerning, but not limited to the City, or businesses located in the City. The information may include, but is not limited to, company information, taxes, sales, value of assets, utility usage, or other such information. All such information shall be known as "Confidential Information" and may not be used to circumvent the responsibility of either party to this Contract. B. No Disclosure. Except as expressly permitted, Shepherd shall not disclose, permit the disclosure of, release, disseminate, or transfer, whether orally or by any other means, any part of such Confidential Information to any other person or entity, whether corporate, governmental, or individual, without the express prior written consent of an authorized representative of the City. Shepherd shall return any written Confidential Information, and all copies made of such items, to the City upon the City's written request, but in any event not later than the date that Shepherd has performed all services to be performed pursuant to this Contract. Shepherd hereby agrees that such Confidential Information and any documents provided may be used byl' Shepherd only as authorized by the City. Shepherd shall take reasonable measures to avoid any disclosure of any such Confidential Information to any unauthorized person. C. Court Ordered Disclosure. Shepherd shall immediately notify the City of any court order or subpoena requiring disclosure of Confidential Information, and shall cooperate with legal counsel in the appeal or challenge of any such order or subpoena. Recipient may only disclose Confidential Information required to be disclosed pursuant to court order or subpoena after legal counsel has exhausted any lawful and timely appeal or challenge. - 4 - 1 D. Remedies. In addition to any other remedies that it may 2 have at law or in equity, the City shall be entitled to a temporary and 3 permanent injunction by a court of competent jurisdiction against any 4 breach or threatened breach of the Confidential Information provisions 5 of this Contract. Shepherd acknowledges that in case of such breach or 6 threatened breach of said provisions, the City would have no adequate 7 remedy at law. 8 8. Warranties. 9 Shepherd warrants title to the Backhoe purchased hereunder 10 and any part thereof to be free of any claim of any security interest, 11 lien or any encumbrance. Shepherd also warrants that the Backhoe will 12 be delivered new and shall be free from defects in material and 13 workmanship for the warranty period. Shepherd shall comply with the 14 warranty provisions set forth in the Bid Documents. All other 15 manufacturers' warranties, any warranties typically provided by 16 Caterpillar, and any other warranties made applicable by law shall 17 apply to the City's purchase of the Backhoe and accessories and 18 equipment options. 19 9. Compliance with Laws. 20 Shepherd shall strictly observe and comply with all 21 applicable federal, state, and local laws, ordinances and regulations 22 governing this sale, including but not limited to any permit or license 23 requirements of the United States Department of Commerce, as well as 24 any laws of the United States of America that are in existence at the 25 time this Agreement is executed. In the event that any of the above 26 laws, ordinances or regulations governing this sale are enacted after 27 the execution of this Agreement, any additional costs that result will 28 be mutually agreed upon by the parties. 1 10. Governing Law. 2 The validity, interpretation and performance of this Contract 3 shall be controlled and construed under the laws of the State of 4 California. 5 11. Forum Selection. 6 Any action brought relating to this Contract shall be brought 7 and held exclusively in a State Court in the County of Los Angeles, 8 California. 9 12. Notices. 10 Notices to the parties, unless otherwise requested in 11 writing, shall be sent to: 12 City: THE CITY OF VERNON ATTN: BRUCE V. MALKENHORST 13 CITY ADMINISTRATOR 14 4305 SANTA FE AVENUE VERNON, CALIFORNIA 90058-0805 15 Shepherd: SHEPHERD MACHINERY CO. 16 A LIMITED PARTNERSHIP ATTN: W. SHEPHERD III 17 10006 ROSE HILLS ROAD 18 WHITTIER, CALIFORNIA 90601-1794 19 13. General Provisions. 20 A. Independent Contractor. 21 At all times during the term of this Contract, Shepherd shall 22 be an independent contractor and shall not be an employee of the City. 23 The City shall have the right to control Shepherd only insofar as the 24 results of Shepherd services rendered pursuant to this Contract; 25 however, the City shall not have the right to control the means by 26 which Shepherd accomplishes services rendered pursuant to the Contract 27 except to the extent that such services involve the use of City 28 property or Confidential Information. - 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 I 14 15 16 17 18 19 20 21 22 23 24 25 26 MA B. Shepherd Not Agent. Except as the City may specify in writing, Shepherd shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent. Shepherd shall have no authority, express or implied, pursuant to this Contract to bind the City to any obligation whatsoever. C. Indemnification. Shepherd shall indemnify, defend, protect and hold the City and its officers, agents and employees, free and harmless from and against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, orders, judgments and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and costs of defense arising out of the services performed under this Contract, except to the extent arising from or caused by the sole negligence or willful misconduct of the City, its officers, agents, employees or subcontractors. D. Insurance. Shepherd agrees to provide insurance in the amounts and forms specified in Exhibit "B," which is attached hereto and made a part hereof by reference. Comparable coverage shall be provided for each subcontractor used in the performance of this Contract. Shepherd shall submit to City documentation indicating compliance with these minimum requirements no less than one (1) day prior to the beginning of performance under this Contract. Shepherd shall not commence performance of its services under this Contract until the above insurance has been obtained and proof of insurance has been filed with and approved by City. / I / - 7 - 1 E. _Assignment and Subcontracting Prohibited. 2 No party to this Contract may assign or subcontract any right 3 or obligation pursuant to this Contract without the express written 4 consent of the other party. Any other attempted or purported 5 assignment of any right or obligation pursuant to this Contract shall 6 be void and of no effect. 7 F. Entire Agreement. 8 This Contract constitutes the complete and final expression 9 of the agreement of the parties and is intended as a complete and 10 exclusive statement of the terms of their agreements and supersedes 11 all prior and contemporaneous offers, promises, representations, 12 negotiations, discussions, communications and agreements which may 13 have been made in connection with the subject matter hereof. All 14 exhibits are incorporated by reference. Shepherd represents that in 15 entering into this Contract, it has not relied on any previous 16 representations or understandings of any kind or nature. 17 G. Partial Invalidity. 18 Wherever possible,.each provision hereof will be interpreted 19 in such manner as to be effective and valid under applicable law, but 20 in case any one or more of the provisions contained herein will, for 21 any reason, be held to be invalid, illegal or unenforceable in any 22 respect, such provision will be ineffective to the extent, but only to 23 the extent, of such invalidity, illegality or unenforceability without 24 invalidating the remainder of such invalid, illegal or unenforceable 25 provision or provisions or any other provision hereof, unless such a 26 construction would be unreasonable or contrary to the intent of the 27 parties as expressed in this Contract. 28 / I / 1 H. Time of the Essence. 2 Time is of the essence in the performance of this Contract 3 and of each and every provision hereof. 4 I. Risk of Loss. 5 Risk of loss or damage shall pass to the City and delivery 6 shall be deemed to be complete upon delivery FOB destination. 7 J. Attorneys' Fees. 8 In the event that it becomes necessary for either party to 9 this Contract to enforce any of the provisions of this Contract, the 10 parties agree that a court of competent jurisdiction may determine and 11 fix reasonable attorney's fees to be paid to the successful litigant. 12 K. Benefit of Agreement. 13 This Contract shall bind and benefit the parties hereto and 14 their heirs, successors, and permitted assigns. 15 L. Force Majeure. 16 Neither party shall be considered to be in default in any of 17 its obligations under this Contract when a failure of performance shall 18 be due to an uncontrollable force. The terms "uncontrollable force" 19 shall mean any cause beyond the control of the party affected, 20 including, but not restricted to, flood, earthquake, storm, fire, 21 lightening, epidemic, war, riot, civil disturbance or disobedience, 22 labor dispute, labor material shortage, sabotage, federal, state, or 23 municipal action, statute, ordinance, or regulation, embargoes or the 24 United States Government or any other government, which by exercise of 25 due diligence such party could not reasonably have been expected to 26 avoid and by exercise to due diligence has been unable to overcome. 27 Either party rendered unable to fulfill any of its obligations under 28 this Contract by reason of an uncontrollable force, shall give written 1 notice within five (5) business days of such fact to the other party 2 and shall exercise due diligence to remove such inability with all 3 reasonable dispatch. 4 M. Waiver. 5 Any waiver at any time by either party of its rights with 6 respect to a default under this Contract, or with respect to any other 7 matters arising in connection with this Contract, shall not be deemed a 8 waiver with respect to subsequent default or other matter. g N. Amendment 10 All changes or modifications to this Contract shall be in a 11 writing stating that it is an amendment to this Contract and shall be 12 signed by both parties or their duly authorized agents. This Contract 13 shall not be modified through course of dealing, usage or trade. 14 IN WITNESS WHEREOF, the parties have caused this Contract to 15 be executed by and through their authorized officers on the date, month 16 and year first written above. CITY OF VERNON 17 18 By: LEONIS C. MALBURG, Mayor 19 ATTEST: 20 21 BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: 22 23 EDUARDO OLIVO, City Attorney S P RD MACHINERY CO., 24 A IM T D aPTNERSHIP 25 By. 26 Title: PRESIDENT OF THE GENERAL PARTNER 27 By: 28 Title: - 10 - L11411Zuuz UW:1z,rAA JZJ 551 78Y4 CITY GIF VERNON -� J LEHR W 003 REQUEST FOR QUOTATIONS CITY OF VERNON, CALIFORNIA 140T A PURCHASE ORDER PURCHASING DEPARTMENT DIRECTAL_M)UIRIESTO. CITY HALL CITY PURCHASING AGEW TELEPrtWEM3)5e3-"i1 4305 Santo Fe Ave. -• Vernon, California 90058 TO SHEPHERD 10006 Rose Hills Road Whittier, CA 90601 FOR CITY USE ONLY QUOTATION NO. I-tr_u DATE MAILED10/29/02 REC'D 9r CITT(JYY� �l k V�t�I., f `'._.L. OPENED /.�2 /2 j atr !.envyV Padul o Please quo a neon thNlowest naf Price you can furnish the articles or services specified below. Quote an each item separately. Bidder may qualify quotations as "all or none by stating so an body of form. City reserves the right to accept or reject quotations received on any or all items. In order to maintain their name on City's Bidder File, Vendor should return this form whether a price is quoted or not. QIJANTITY D ES c R I P T I O N NET uN1Y PRICE TOTAL i Caterpillar 420D Backhoe Loader ST 2WS as per 74,11 .00 74,114. attached specifications *********PLEASE NOTE*********** Bidnumber must be shown on the outside of the return envelope, otherwise bid will not be accepted. IF Pr"FICi M SPACE PROWDED ABOVE FOR PROPOSAL ATTACH RIDER OR SUPPLEMENT CASH 01SCOLINTS QUOTED FOR Pt311= OF LMS THAN SD DAYS BE COTS WEN ORDER IS AWARDED. BIDE �VVILLL'TNOT OFOR WN.1. OPT—TIRQA PU C � OFFiCESOfdTHE �. DAYR F—HOYEyn1QP_T�ION )0 NOTE: Quote prices exrrlusive of Sales Tax and Excise Taxes. A. indloato Sales Tax in this space $._5-c11-4,s4 ______ __________________ B. Indictlfe Extlsa Tax in this space $----- 0........ --------------------------- ---- C. Above quotations subieet to Cash Discount ------------------------ %, F.O.B. D. To be delivered to CITY OF VERNON at ------ CI•_ ------------------------------------- We (I) agree to furnish above in _.-.9�..::__120--_---_ -days from receipt of purchase order at prices Specified - FOR -:' --_ INERX CO ...................................... Firm Name DATE ...... NT )VFA4BE;R.--2.1rr-- 002------ SIGN HERE-- _-_ .. -- --------- - OF THE G NE L PARTN� W. E f MAIL TO PURCHASING DEPT. 11/Z%/LuuZ ,ua: 1z FAA 323 581 7924 CITY 0F VERNION EMGM Smhw SoAm U farnia jor Nff 75 -Fears November 21, 2002 City of Vernon . purchasing Department Santa Fe Ave. Vernon, CA 90058 RE. REQUEST FOR QUOTATION NO. 1420 + J I EHR Q 004 CST We are pleasedto submit our bid with the understanding that Shepherd Machinery Co. shall not be held liable for failure or delay in fulfiiiment if hindered or prevented, directly or indirectly, by fire, strike, act of God, war, act of the government, or other causes beyond our reasonable control. Attached is form NO. SELF5287 covering the STANDARD MACHINE WARRANTY. This WARRANTY is exclusive and in lieu of all other warranties either written1 aral,or implied: including but not limited to any warranty of merchantability or fitness for a particular purpose. Shepherd Machinery Co. and Caterpillar Inc. shall not under any circumstances be liable for any special, incidental or consequential damages, including but not limited to loss of production, loss of profit, loss of use or business interruption, or any other economic loss, whether in tort, contract, warranty, strict liability or any other theory of law, except as expressly stated in the bid specifications. We wish to thank you for the opportunity to submit this bid and look forward to fulfilling your machinery requirements. Very truly yours, SHEPHERD MACHINERY CO. W. Shepherd III President of the General Partner WS:gk xUPW Los AngoMa Hea"Ua►ftm L.ancasw 0-fw county $en Fe� VaNey 1 r 10006 Rose Hills Rd. P.O. so( 2267M 46101 N. Sion My. 25961 Wright SL awo Gwnowcs OW. Whi w. CA 90601-1794 Los Angela, CA Lancaster, CA 93534-7611 Foovo Ranch, CA 9410 Sim Va11W CA 91352 FIRST (562) 463-4000 90022.04a9 (661) 942-1177 (90) 768-1777 (818) i67-7171 SAM IN4 m T M 01) v w o m_ o m' w m m w M m w m o ® n m m. w m g Q m a m m o co ty a o.-00 Q. m o: in 40D �' m �ACD.i Ate' a m agge' n.cat ®- 3Q. y ,!R, t3m� Q� c�'t a pi Dim C c r6 m G3 -•. c m Q 3 a p =tCr 7 di o' mho m mom; o a w ppm m m m 4D d -' 6 3 tmn .m O W-© W N- W Gl'aGt Q m o aQ � Dcw Ai 6 m -1. g 47 ar t S a m a pi .p m CDp c m a ()y g.. O it �'� y p�j chi A a •O m Cr tmn o m mw �. ,mot ` _ � � � m � �; � . �"r � � � � •: - �. � .: � iu ° ar O m JV 9 > >m 3) 3) a�vm im vm m v_ m p-�O m m -�a� < o -i m z o° -im —m m rF x a� Mmmm �mXa ��m� mz z ° m�oz r MCOz m=m-< �amo mp N m 3 a0yX,°ta aZ= D—Immm-ummfA ,rmnm�=� =�z o z co) n z N M tZr O*O-q>mz 0 wm3)m mnzmMzmcm rIU) OWN Z�WOR Maa° mmm z-0mmczmw c) 'o to — m r. U) mr vrtn—r v°g*mmm. mm-=o--n�7 �mmmzo-- avo=�=zz rm...famarn-r Om°V-4aoc zmF)v-°° a Z-4mmon-az<a mmo- m*U�- fn m C mrF)m 33 0 �azomoa= a7°om-zim-zim r as ,, cn cn -< _ 11/Z7/ZU0Z 0.9:12, FAX 323 581 7924 CITY OF VERNON J LEM Qb05 CTIY COUNCIL LEONIS.0 MALBURG Mayor THOMAS A_ YBARRA Mayor Pro-Tem WM. "BILL" DAVIS Councilman H_ "LARKY" GONZA.LES Councilman W. M1CHAEL MCCORtMICK Councilman BRUCE V. MALKENHORST City AdrnnjLAratvr/C2ity Clerk FAX (323) 826.1438 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 October 21, 2002 CITY OF VERNON BDUARDO OLIVO City Attorney FAX- (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX (323) 826-1435 KENNETH 1. MDARIO Director of Municipal Utilities FAX: (323) 826-1425 STEVEN E_ PARKER . Fire Chief FAX (323) 826.1407 BRUCE W. OLSON Police Chief FAX_ (323) 826-1481 REQUEST FOR PROPOSAL FOR A CATERPILLAR 420D.B.A►CKHOE LOADER ST 2WS INTEN'Y` It is the intent of this specification to provide for the purchase of one (1) new and unused Caterpillar 420D Backhoe Loader ST 2WS.The City of Vernon has evaluated different types of bacicWs and has determined that this product is best suited for the department's needs in safety, quality, performance, and standardization. In comparing proposals, consideration will not be confined: to price only. The successful bidder will be one wbose product is judged snail best serve the interests of the City of Vernon when price, product, safety, quality and delivery are considered. The City of Vernon reserves the right to reject any or al] bids or any part thereof, and to waive any minor technicalities. A contract will be awarded to the bidder submitting the lowest responsible bid meeting the requirements of this specification. The City requires the successful bidder to provide proof of insurance, including a standard certificate of insurance, in at least the amounts and coverage indicated on the insurance schedule. In addition to the surd certificate of km ante, proof of general and umbrella liability coverage shall also be furnished in the form indicated on the attached insurance schedule 0Exh1"bit A). EOM ALENT PRODUCT Bids will. be accepted for consideration on any make or model that is equal or superior to the baokhoe specified. Decisions of equivalency will be at the sole interpretation of the City. ,A blanket statement that equipment proposed will med all requirements will not be sufficient to that/-ZUUZ ua:1c rAA_PZ3 581 7824 CITY OF VERDON -► J I.EHR W006 establish equivalence. Original manufacturer's brochures of the proposed unit are to be submitted with the proposal. All modifications made to the standard production unit described in the manufacturer's brochures must be certified by the manufacturer and submitted with the bid, or the bid will be deemed `lion -responsive" and rejected without further review. Bidder must be prepared to demonstrate a unit similar to the one proposed, if requested. IN I &RPRETA.T'IONS In order to be fair to all bidders, no oral interpretations will be given to any bidder as to the meaning of the specification documents or any part thereof Every request for such a consideration shall be made in writing to the City of Vernon. Based upon such inquiry, the City may choose to issue an Addendum - The specification herein states the minimum requirements of the City. All bids must be regular in every respect. Unauthorized conditions, limitations, or provisions shall be cause for rejection. The City of Vernon will consider as "irregular" or "non -responsive" any bid not prepared and submitted in accordance with the bid document and specification, or any bid lacking sufficient technical literature to enable the Department to make a reasonable determination of compliance to the specification. It shall be the bidder's responsibility to carefully examine each item of the specification. Failure to offer a completed bid or failure to respond to each section of the technical specification will cause the proposal to be rejected without review as "nozl-responsive". All variances, exceptions and/or deviations shall be fully described in the appropriate section. Deceit in responding to the specification will be cause for rejection. SPECMCATIONS CHASSIS WAT'ERPILLAR 420D) Dimensions: • The operating weight shall be approximately 15,772 lbs. (nominal), 21,605 lbs. Maximum, excluding any wheel ballast. • The overall width of the backhoe loader when equipped with a multi purpose loader bucket and reversible stabilizer pads shall not exceed 7 feet 9 inches with stabilizers in the transport position. • Overall transport length shall not exceed 22 feet eleven inches when equipped with a multi- purpose loader bucket. • Ground clearance with no bucket penetration shall be at least 12 inches. 2 tt<ziicuuz ua:lz trAA 3Z3 581 7924 CITY OF VERNON + J TEHR TOOT E+ nkine: • Engine shall be a four-stroke, four -cylinder turbocharged diesel. Engine shall be a Caterpillar 3054T or equivalent. • Minimum displacement shall be 243 cubic inches. • Engine shall have a minimum net flywheel horsepower rating of 85 hp at not more than 2200 RPM. • Net torque rise shall be at least 27% at 1400 RPM. • Have fall -flow filter lubrication. • Air intake system shall be protected with a dry -type, radial seal, two -stage filter which incorporates air cleaner and pre -cleaner functions into a single unit with automatic dust ejector and service indicator. • Engine shall have direct injection. fuel system with individual adjustment -•free unit injectors for cylinders.. • Cylinders shall be of three-ring design, made of silicon/aluminum alloy. • Crankshaft shall be forged chmm olmolybdenum steel with tuffiide hardened journals. • Front and rear crankshaft seals shall be of "lip" type Viton design with integral dust lips. • Engine shall have heat resistant, silicone-�chrome steel intake and stellite-faced exhaust valves. • Cylinder block shall be high strength cast iron alloy of deep skirt, monobloc design and use replaceable flanged press -fit dry --type cast iron liners. Cooling System• • The design and construction of the radiator and cooling system shall be fully guaranteed to maintain normal operating temperatures in the engine, powertram and hydraulic system in all weather conditions. • Cooling system shall be a high ambient system with a capacity of 4.4 U.S. gallons, miraimuzra_ Transmission• • Transmission shall be a power shuttle, with four (4) forward and four (4) reverse fully synchronized speeds. • Have synchromesh gears and hydraulically shifted forward: and reverse shuttle clutches to allow for direction and travel speeds to be changed on -the -go and at full throttle. • Tractor shall have a neutral start provision to prevent starting while shuttle is engaged. Axles: • Rear Axle: Heavy duty, with self-adjusting inboard -mounted brakes, differential lock and inboard -mounted planetary reduction final driver.. Rear axes rating shall be 61,2331bs. static and 20,418 lbs. Dynamic. • Front Axle: Pendulum mounted, permanently sealed and lubricated requiring no daily maintenance. Oscillation shall be a minionum of 11 degrees each direction from centerline. Front axle rating shall be 30,3191bs. static and 6,983 lbs. Dynamic. iM ltizii;uuz v�a: tz YAA 323: _531 7924 CITY OF. VEMN + J LEHR �1008 Steering; ring: • Steering system shall be fully hydrostatic front wheel power steeping controlled by a hand - metering unit. • Steering shall be actuated by one (1) double-acting cylinder, of 2.75 inch bore, 8.8 inch stroke, 1.75 inch rod diameter, with a 50 degree steering angle_ • Steering system shall meet secondary steering system roadnig regulations including ISO 2010. Brakes: • Service brakes shall be fully enclosed and sealed to allow operation in water, mud, snow and other adverse conditions without encountering brake fade. • Service brakes shall be hoboard-mounted, oil -immersed, hydraulically actuated multiple discs on foal input shaft. • Service brakes shall be self-adjusting and self -equalizing. • Foot operated brake pedals shall be capable of being interlocked for roading_ • Paddng/secondary brake system shall be independent of service brake system and of sufficient design to hold weight of machine on a slope and: shall be mechanically applied through an adjustable band lever located on the right console of the operator's compartment. • Brakes shall meet the following standards: SAE J1473 OCT 90 and ISO 3450 96 requirements_ Tires: • Front tires shall be a minimui n of 11L x 16,12 Ply, tubeless, nylon, loader design. • Roar tires shall be a minimum of 19.5 x 24,10 ply bias, tubeless, nylon, loader design. Fuel Tank: • Fuel tank capacity shall be 34 U.S. gallons, minimum. Electrical: • 90 amp alterA.ator, minimum. • Standard 12 volt system. • 12 volt direct electric starting and one (1)12 volt heavy-duty industrial Maintenance -free battery, 700 CCA. • Eight (8) sealed halogen work lights, four (4) font and four (4) rear, for night operation, and two (2) combination stop/tail and directional lights shall be installed. • ,A, rotating beacon warn ins light shall be installed on top of the cab. • The 420D shall be equipped with the following gauges and/or indicators: 1. Coolant temperature. 2_ Fuel level. 3. Tachometer. 4. Hour meter. 4 tt/Ll/LUUL uast:S rnX sz:s 561 7824 CITY OF VERNON + J L.EHR 0008 5. Torque convey oil temperature. 6. Parking brake on. 7. Air cleaner service. 8. Eugine oil pressure. 9. Hydraulic oil level sight gauge. Hydraulic System._ • Hydraulic system shall be a variable -flow, load sensing, closed -center system to provide full hydraulic force to cutting edges at all engine speeds. • System shall have a minimum flow of 43 gallons per minute at 2,200 RPM and have a minimum system pressure of 3,300 PSI. • Hydraulic pump shall be a variable -flow, axial piston type. • System shall be sealed with valves unclosed to keep out dirt and other contaminants. • Cylinders shall be double acting with hardened and chrome plated rods to increase strength and resist corrosion. • Filters shall be full -flow five (5) micron return filters in reservoir. • Hydraulic lines shall be steel tubing with brazed fittings. Hydraulic hoses shall be Caterpillar XT-3 or equivalent, high pressure hose made of four (4) ovearlapping insulated spinal wraps bonded together for extended wear. • Reusable hydraulic couplings shall be equipped. with 0-Ring face seals. • Proper guards shall be provided for all hydraulic components_ • Hydraulic plumbing for hydraulic breaker hammer with hydraulic quick disconnects shall be provided. Operator Compartment; • Machine shall have an open ROPS/FOPS canopy which meets RODS criteria SAE J397, SAE J1040 Mat 1994 and ISO 3741 1994; and FOPS criteria SAE J231 Jan 1981 and ISO 3449 1992. • Machine shall have an air suspension vinyl seat with armrests. • Adjustable tilt steering cola ii. • Lighted gauge group shall have white-faced. gauges. • Rotating hideaway gauge panel shall provide vandalism protection by rotating and locking the gauge panel into side console. • Interior rearview mirror. Rear fenders_ • Retractable 3" seatbelt • Floor mats. • Coat hook. • Lockable storage area. • Drink holder. • Lunch box holder. • Hand and foot throttles. • Interlocking dual break pedals, • Foot -operated switch/pedal for differential lock. 61 lii z 1 t cuuX W IJ FAA 323 581 7924 CITY bF VERNON J IYHR (a0 o • Switches, boom lock, and pilot -operated backhoe stabilizer controls shall be located in side console. • Backhoe controls shall be two (2) low effort pilot -operated joysticks mounted in moveableladjustable pods on either side of operator's seat. Pods must be capable of being locked in a neutral position when not operating in order to neutralize back -hoe hydraulics thus preventing inadvertent actuation of backhoe functions. • Backhoe controls shall incorporate a switching valve to allow conversion of backhoe control pattern between hydraulic excavator ,and standard SAE back -hoe controls. Loader: • Loader shall have a single tilt cylinder design. • Loader shall be equipped with divergent loader arms. • Loader shall be self -leveling and equipped with automatic return to dig. • Loader arms shall be of rolled steel design with only one (1) welded seem on the bottom side of each arm. • Torque tube shall run. through both loader arms and be welded on both the inside and outside of each loader arm. • Loader hinge pin at connection of loader arms to loader tower shall be one (1) continuous pin ruining through the hinge connection. • Loader shall be equipped with a 1.25 cubic yard multi purpose loader bucket with two- piece bolt -on cutting edge. • Lift capacity at maximum lift height shall be 6,056 Is., muuimum. • Breakout force shall be - 10,0991bs., minimum. • Dump angle at frill: lift height shall be 43 degrees, minimum. • Dump clearance at full lift height shall be 8 feet 7 inches, n4nimum. Sackhoe: • Backhoe boom shall be of excavator -style maximum radius curved design, box section fabrication with, internal stiffeners. • Boom shall have "cushioned swing" feature to dampen swing at the end of 90 degree swing are in either direction. • Dipper stick shall be extendable utilizing eight (8) self -lubricated non-metallic wear pads which can be shimmed or replaced. • Extendable portion of stick shall be internal portion, telescoping in or out of main outer stick housing. • Extendable stick shall be equipped with hydraulic lines with quick couplers for use with single -flow work tools. • Single pin bucket linkage shall provide at least 205 degrees of bucket rotation. • Stick shall be equipped with a manual pin lock quick coupler for use with dedicated pin lock backhoe work tools. • Digging Depth: Stick Retracted —14 ft. 8 inch. (SAE maximum). Stick Extended —18 ft. 1 inch. (SAE maximum). • Reach from Rear Axle Centerline: Stick retracted — 22 ft. 4 inches. Stick extended — 25 ft. 6 inches: • Loading Height: Stick retracted —11 fi. 11 inches. Stick extended —13 ft. 8 inches. 6 .11/Z7/1UUZ,U8:13,rAX 323 581 7924 CITY OF VERNQN -► J LEHR 0dii • Bucket Digging Force: Stick retracted —14,586 lbs. Stick extended—14,586 lbs. • Stick Digging Force: Stick retracted - 8,421 lbs. Stick extended — 6,188 lbs. Accessories: • Engine exhaust pipe with curved elbow. • I-10M • Back-up Alarm. • Open circuit breather to eliminate engine oil contamination to surrounding area. Cap locks for fuel tank, radiator and hydraulic tank_ • 1250 lbs. Counterweight, minimum. • Flip -over pads_ • Rid control system utilizing a suspension system in loader lift arm circuit. • Slow moving vehicle emblem shall be installed on rear of machine. Two (2) 3-inch reflectors shall be installed on rear of machine. Lighted license plate bracket shall be installed) on rear of machine. • 1.25 cubic yard multi purpose loader bucket with two-piece bolt -on cutting edge. • Backhoe stick equipped with manual pin lock quick coupler for use with dedicated pin lock backhoe work tools_ • 18" heavy-duty pin lock backhoe bucket. • 24" heavy-duty pin lock backhoe bucket. Hydraulic hammer, Caterpillar model H70 or equivalent, with Certified CDAA. Tool Energy of 459 ft. lbs. And 1,813 psi operating pressure, equipped with standard moil point and with mounting bracket compatible with manual pin lock backhoe quick coupler. • Machine sball be equipped with safety devices required by United States or California State, Occupational Safety and Health Acts. In addition, the proposed machine shall be in compliance with Article 10, Haulage and Earthmoving, of the Construction. Safety Orders of the Division of Industrial Relations, State of California. Paint: • Machine shall be painted with first quality equipment enamel m the standard colors of the equipment manufacturer. Special Conditions: • Vendor shall supply two (2) copies each of service manuals, parts books and opekator manuals at time of delivery. • Prior to delivery, new machine must be serviced in accordance with standard new machine "make. ready" and the manufacturer's recommendations. • Fuel tank shall be full at time of delivery. 11/27/,ZUUZ, d?:13. FAX 323 581 7924 CITY 6F VERI4QN -► J LEHR f1L012 Warranty • Standard warranty for proposed machine shall be twelve (12)-months or 1,500 operating hours, whichever occurs first. BID ITEMS: ITEM 1: 420D Backhoe Loader ST 2WS: (184-7839). Price. $38, 888.00 _ ITEM 2: E-Stick with One -Way high flow'/4" Lines routed to n idpoint of stick (202-5973). Price: $ 4,892.00 _ ITEM 3: Backhoe Hydraulics, BK 5 Function with boom, bucket, stick, swing and an additional valve with right foot pedal controls (186-4959). Price: s 436, oo rrEM : Backhoe Excavator with Pattern Changer (202-5916). Price: $ 138.00 ITEM 5: loader Bucket, 1.25 CYD MP drilled to accept bolt -on teeth or cutting edge (112-0940). Price: * 2,890.00 ITEM 6: Loader hydraulics (3 bank) shall include valve, lines and controls. Price: $ 674.00 ITEM 7: ROPS Canopy shall include air ride vinyl seat, floor mat, radio ready headliner, tilt steering column, internal and external power receptacles (184-9736). Price: NO CHARGE s 8 ltirrijZuu2, e91-1P, FAX 323 581 7924 CITY 6F vER140N ITEM 8: Gauge Panel and Rotating Hideaway (202- 5724). XTEM 9: Engine Cooler (202-5773). HIGH AMBIENT ENGINE COOLER (202-5774) ITEM 10: Seat Belt shall be three inches wide and meet the State of California requirements for seat belt safety (190-8919). ITEM 11: Two (2) Heavy -Duty Maintenance Free 700 CCA Batteries (119-8016). ITEM 12: Transmission Controls shall be standard shift two wheel drive application (198-4095). ITEM 13: Drive Train shall be two wheel drive (194-7932). ITEM 14: Front Bumper Counter Weigbt shall be 1,250 lbs. (120-8482). ITEM 15: Stabilizer Pads shall be of a flip -over design (9R-6007). ITEM 16: Service Instructions shall be in English. Two (2) copies are to be provided. (185-7764). ► J LEHR Price: $ 55.00 prime; $ 132.00 price. NO CHARGE Price: $ 211.00 Price: NO CHARGE Price: $1,153.00 Price: $ 316.00 Price: NO CHARGE 9 910: l:f Yax 3L3 581 7924 CITY OF VERNON J I.EHR ITEM 17: Tires shall be Goodyear 11L-16 12PRF3 front tires and 19.5-24 IT525 10 PR Bias ply rear tires and have side wall bars for support (185-2891). ITEM 18: Backhoe Bucket shall be an 18" 4.8 CFT HD FL (214-2986). ITEM 19; Backhoe Bucket shall be a 24" 7.1 CFT HD PL (214-2987). ITEM 20: Manual Backhoe Coupler for dedicated pin -lock backhoe work tools. Backhoe coupler shall include one set of mounting pins and hardware for attaching one work tool (214-2983). ITEM 21: Beacon —Fixed Mount (141-8292). ITEM 22; Two (2) Padlocks and Hood Lock (134 8204). ITEM 23: Cutting Edge and Teeth - two piece (9R 5321). ITEM 24: Open Circuit Breather (202-5914). ITEM 25: Ride Control System (185-1482). Price: $1,820.00 Price: $ 748.00 Price: $ Price: $ 803.00 price: $ 131.00 Price: $ 36.00 Puce- $ 191.00 Price: $ 93.00 Price: $ 943.00 10 11/L7AZUUL U9:13 FAX 323 581 7924 CITY OF VERIQN ; J LEHR ITEM 26: Quick Disconnmt Couplings (132-8769). " Price: ITEM 27: H70 Hydraulic Breaker Hammer ITEM 28: SHOP PREPZRATION, TRANSPORTATION, DELIVERY TOTAL COST WITH TAX: $80 , 228.41 Submitted by: SHEPHERD MACHINERY CO. Price: $13, 794.00 PRICE: $ 4,671.00 Address: 10006 ROSE HILLS RD. , WMITTIM, CA 90601 SignaWre: ) I I& jit, W . SHEP11ERDD I. I PRESIDENT OF THE GENERML PARTNER Note: Bid must be received in a sealed envelope and returned to the City of Vemon Finance Depaxtrnent no later than 2:00p.m. November 21, 2002, iliz;LijZuuc ua:14 rnx 328 581 7924 CITY OF VERNON -> J LEHR ,�b16 The Contractor shall provide proof of insurance, including a standard certificate of insurance, in *at least the following amounts and' coverage--4co i-ijed sj.-ngle....li,t germitt7udy : -- z- Coverage and Limits Bodily Injury Pr22erty Damage Hazards -Each Person Each Accident Each Accident Automobile Liability Owned Automobiles $ 500,000 $1.,000,000 $ 500,000 Hired Automobiles $ 500,000 $1,000,000 $ 500,000 Non -Owned Automobiles $ 500 000 $1,000,000 '$ 50.0 000 Workers' ComnennAti nn A 03- II. General Liability Premises Operations $11000,000 $2,000,000 -$110001000 Elevators (if applicable) $11000, 000 $2, 000, 000. $10000, 000 Independent Contractors. $1,000,000 $2,000,000 $1,000,000 Products - Completed Operations $1,000,000 $2,000,000. $1,000,000 Contract Liab_lit $1,000,000 $2,000,000 4$11000 000 Umbrella Liability $1,000,000 $1,000,000 $11-000.000 a. The general liability policy shall contain the following special endorsements which shall' be noted on or attached to the standard certificate of insurance: 1. An endorsement naming the City of Vernon, its officers, and employees as insureds under the policy. 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material reduction of coverage. a. An endorsement providing coverage for all operations. under contract, .4. Such other endorsement as may be required by addendum hereto. b. In addition to the standard certificate of insurance, proof of general and umbrella liability coverage shall be furnished in the form checked below. Certification of the following 12roofs by the insurance agent or broker will not be accepted: x For each policy, a notarized letter from the underwriter or carrier certifying that*the coverage and statements in the standard certificate of insurance (attached thereto) are true and correct and that the signator is an officer authorized to so certify. A copy of each policy certified by an officer of the underwriter or carrier -and notarized. Exhibit "A" 11/27/`2002..09:14.FAX 323 581 7924 CITY OF VERNON 11/20/2002 09:45 FAX J LEHR RAW WMVVWy'ft 1111WO2 OF WFOtUW^liufw - GAR ,"Tf IS LSStAED AS A cEKTIFtCATE Ttd$ , My 0,to CONFERS NO RWJ'TS UPON OR TMATE J)OES NOT AM91411- BELOW.ItAGE MAL IPARCE WNPANY NW HOLDM. TM CERTIFICATE m By THE LtTER THE COVERAGE APFORp F 5701 TWavi c — . — GlencfalE, A2 SW36 PhOn 944-55M MUTIJ& PMRAWE COMPAW W COWAW ZCOWANY Home Ofjift- owatoma, LAN 5WW A COMPAW MACHINERY CO StiF-P"ERE) SHEPHERD MANAGEMENT _cF_RVICC A LOFTED PARMERSHIp poWFS SYSTEMS ASSOCIATES 33oo moerAES$ ST wtirmsi CA SOW' D NAMED AP*Vrz F THE POL m ToR IV ICY pawn offiJow RPM MTO H ,URARM rT OTmo DOCkNENT IWTW WSrECT To ___jjNS Is TO CEATWY THAT VE POUMS Of: _w*A OR CONDITION OF ANY CO SUwWrM ALL THE TUWS�, I WtCAT90. NarWMIS"AHDIM ANY #WT. DeSMEM W4gp IS WSLWAMM AF ED NY -rHg N. ME MAY 89 ISSVED OR IMLX.AARVV PERTAIN. AvE new ND P BY PAU) (!:LAW. EXCLu A SUCH 0,4&lm Poucy 0"WTmK wn Of *&At"= rDUCY NLSAPER LTK p9my px% WAL06ml WE PdWIMWO paooUe". COW)OP AGO 2000 X CWNWWlALGW4RALL""Ty ®RocxuA 93702M 10(01/02 10/o1/03 PEMWAL tom- —ow 1000 A rLATW MMX PPOT i ow owmaM & COMPACTWS FgiE pAM"r; war&d 1=0,000 AUTOMOOO UAW" Aw AUTO ALI, OVOM AVTCr- 9370298 OWLY o4julw lomim 10MI01/03 A screDuLm Anvs X MXA-0'rMW ALMS AUTO EA cj=m memy OTNEa THAN A:JTO 0-y! . . . . . AW AUTO CACH W.O=ff Exams UMUTY 9370299 le,'01103 AGGREGATE 6-25-.30f90 000 A X umWtLLA FOAM OTW TvAm UWQRAJA IMAM w. wCST lu- WqMvmcu@PftrUT"ANP ENWWYEW ummm Va. M*P;tcmum R P= & OARE: Wx . . .. . ....... .. 4 *mmmu AKY of THE A&MM cle�ep PIDU= me UP091im L CITYOF VERNONt*WWW voLL 040FAVM TO DwO 6304KO�T� DAn TWOW THE WMAKr MMMC^-K NowKAM- TO TSW UFF- 43os SAWA FE AQ_ PAVS Wffrfc" NOTICE To THE all tAmmy v-cRmON CA 9OWS MAY lAlXW VO "ML WM &CIM SMALL DO'Pit 00 Qa=T" rm PGwrs aft ft"4r,9ff 11/27/'2002. O'9:14, FA% 323 581. 7924 CITY OF VERNON AGOBQ CERTIFICATE OF LIABIL Earl Xnsurance Corp. 3300 Progress Street Whittier, CA 90601 Shepherd Machinery Co.5nephera clan Services, Porter Systems Associates 10006 Rose Hills Rd. Whittier, CA 90601 DATE iM NDWY" TY INSURANCE 11/20/2002 THIS c-e"FN;.ATE S ISSUED AS A MA OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIL # mURERkCert of Consent to Self Insure INSURM 13: 0ISURER C: INS D: 94SWER E: vv v a 5a OF LISTED BELOW HAVE BEEN ISSUED TO THE ]INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN THE POLICIES INSURANCE TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH]IS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT, MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGKQATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OFINSURANCE POLICY NUMBER DATE DATE LIMITS GENERAL LIABILITYEACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES Ea $ CLAIMS MADE OCCUR MED EXP (Any OM person) S PERSONAL 6 ADV INJURY S GENERAL AGGROWE $ GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG S POLICY Lac AUTOMOBILE LIABKITY CO =SINGLE UMIT S ANY AUTO BODILY NVJURY i ALL OWNED AUTOS (PElf person) SCHEDULED AUTOS BODILY WURY S HIRED AUTOS NON -OWNED AUTOSr�� PROPERTY DAMAGE S (Per seddmO GARAGE LIABILITY AUTO ONLY- EA ACC S OTHER THAN FAACC S ANY AUTO S AUTO ONLY: AGG EXCESStLIMD :LLA LIABILITY EACH OCCURRENCE S AGGREGATE S OCCUR ❑ CLAIMS MADE S DEDUCTIBLE s 5 RETENTION S wOwcERs COMPENSATION ANo CERT SELF INSURE 10/01/20OZ Continuous X TORT Lwrrs ER E.L. EACH ACCENT S 1,000, EMPLOYERS UABILITY A ANY PROPRIETOPoPARTNER/DIEGUTIVE OFFiCER/MEMeER EXCLUDEDI EL DISEASE " EA EMPLOY - S 11000, I Yam. see under SPECIAL PROVISIONS Oebw F.L. aSEASE -POLICY LIMIT S 1.000.000 OTHER UC:SCRIPTION OF OPERATIONS I L.OMT-K" I VgHKtXS I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PRO 189m �s�l'(I lf"ILA 1 C 1'IVLI�GIC vraivc:..ar�..v.� SHOULD ANY OF THE ABOVE DESCRIED Poucies BE CANCELLED BEFORE THE EXPIRATION DATE TIC. THE M WNG INSURER WILL ENDEAVOR IV MAIL 30 DAYS WRITTEN NOTICH TO THE CERTIFICATE {ALDER NAMED TO THE LEFT - City of Vernon BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UAM TTY 3]) 5 Santa Fe op ANY WNA UPON'THE oEP HE INSURER ITS AG�rs OR RRESENTATIWS. Vernon, CA 90058 AUTHO=MREPRESENTA ]Sue Gray ..� runt CORD CORPORATION 18$8 11/27/2002`08:14 FAX 323 581 7924 CITY bF VERNON + J LEHR Q11 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the polrcy(ms) must be endorsed. A statement on this corKwate does not confer rights to the certificate holder in lieu of such endorsernent(s). if SUBROGATIONIS WAIVED, subject to the terns and cond'Sions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder ki lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing Insurer(s), authorized representative or producer, and the certificate holier, nor does It affirmatively or negatively amend, extend or alter the coverage afforded by the porld" listed thereon. ACORD 25 (2001108) zl 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT B INSURANCE SCHEDULE Shepherd shall provide proof of insurance, including a standard certificate of insurance, in at least the following amounts and coverage (combined single limit permitted): 1I I Hazards Coverame and Limits Bodily Injury Property Damage Each Person Each Accident Each Accident Automobile Liability Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Hired Automobiles $ 500,000 $1,000,000 $ 500,000 Non -Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Workers' Compensation $ Statutory Employers' Liability $1,000,000 per employe 111. General Liability General Liability $1,000,000 $2,000,000 $1,000,000 Premises Operations $1,000,000 $2,000,000 $1,000,000 Elevators (if applicable) $1,000,000 $2,000,000 $1,000,000 Independent Contractors $1,000,000 $2,000,000 $1,000,000 Products - Completed Operations $1,000,000 $2,000,000 $1,000,000 Contract Liability $1,000,000 $2,000,000 $1,000,000 Umbrella Liability $1,000,000 $1,000,000 $L000,000 a. The general liability policy shall contain the following special endorsements which shall be noted on or attached to the standard certificate of insurance: 1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds under the policy. 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material reduction of coverage. 3. An endorsement providing coverage for all operations under this Contract. 4. Such other endorsement as may be required by addendum hereto. b. In addition to the standard certificate of insurance, proof of general and umbrella liability coverage shall be furnished in the form checked below. Only certification of the following proofs will be accepted: X For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and statements in the standard certificate of insurance (attached thereto) are true and correct and that the signator is an officer authorized to so certify. A copy of each policy certified by an officer of the underwriter or carrier and notarized. EXHIBIT "B AMENDMENT # 1 EQUIPMENT PURCHASE CONTRACT The City of Vernon (hereinafter referred to as the "City") and Shepherd Machinery Co. (hereinafter referred to as "Shepherd") agree to modify the Equipment Purchase Contract in the following respect. 13. General Provisions. C. Indemnification. Delete "sole" in line 15. Except as expressly modified herein, all other terms, provisions, conditions, and exhibits remain the same. IN WITNESS WHEREOF, the parties have caused this Amendment #1 to Equipment Purchase Contract to be executed by and through their authorized officers on the date, month and year first written in the Equipment Purchase Contract. ATTEST: BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: EDUARDO OLIVO, City Attorney CITY OF VERNON By: LEONIS C. MALBURG, Mayor SHEPHERD MACHINERY CO., A LIMITED PARTNERSHIP By: Title: President of the General Partner SUPPORTING DOCUMENTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EQUIPMENT PURCHASE CONTRACT THIS CONTRACT is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of this 1 day of December 2002, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN THE CITY OF VERNON (hereinafter referred to as the "City") 4305 Santa Fe Avenue Vernon, California 90058 AND SHEPHERD MACHINERY CO., a Limited Partnership (hereinafter referred to as "Shepherd") 10006 Rose Hills Road Whittier, California 90601-1794 RECITALS WHEREAS, the City's Community Services & Water Department is in need of a Caterpillar 420D Backhoe Loader ST 2WS (the "Backhoe") for use by its water construction crew when the City's primary tractor is !unavailable; and WHEREAS, on October 29, 2002, the City issued Bid No. 1420 requesting bids on the Backhoe; and WHEREAS, on or about November 21, 2002, the City received various proposals for the purchase of the Backhoe identified in Bid No. 1420; and WHEREAS, on November 21, 2002, Shepherd submitted a bid for the Backhoe pursuant to the specifications contained in City of Vernon Request for Proposal dated October 21, 2002; and WHEREAS, the City desires to purchase the Backhoe as 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 referenced above from Shepherd. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET FORTH HEREIN: 1. Purchase. Shepherd agrees to sell and deliver to the City the Backhoe, together with accessories and equipment options, as set forth in the specifications contained in the City of Vernon Bid No. 1420, dated October 29, 2002, and identified in Shepherd's November 21, 2002 bid (collectively referred to as the "Bid Documents"). A copy of the Bid Documents are attached hereto as Exhibit "A" and incorporated herein by reference. 2. Time of Performance. Shepherd's performance identified herein shall commence upon P p signing of this Contract and shall be completed by Shepherd within 90- 120 days from receipt of a purchase order, unless otherwise terminated or extended pursuant to the terms of this Contract. 3. Price. Consistent with its bid, Shepherd agrees to sell and deliver the Backhoe to the City's Yard in the City of Vernon. The City agrees to purchase, subject to final inspection, the Backhoe. The purchase price for the Backhoe is Seventy -Four Thousand One Hundred Fourteen Dollars and No Cents ($74,114.00), plus sales tax of Six Thousand One Hundred Fourteen Dollars and Forty-one Cents ($6,114.41).. 4. Payment Terms. The City agrees to pay Shepherd one hundred percent (100%) of the total purchase price, net thirty days, after delivery and acceptance of the equipment by the City FOB destination and receipt of an invoice from Shepherd. - 2 - 1 2 3 4 5 6 M 8 9 10 11 IWA 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 i 28 5. Change and Extra Services. The City reserves the right to request changes in the equipment design, delivery dates, or additions to or deletions from the equipment purchased from Shepherd. All such changes shall be incorporated in written change orders executed by the City and Shepherd that shall specify the changes ordered and the adjustment of prices, delivery schedules and warranties. Any equipment or services added to this Contract, under this section, shall be executed under all applicable conditions of this Contract. No claim for additional compensation or extension of time shall be recognized unless contained in a duly executed change order. 6. Cancellation/Default. A. This Contract may be terminated by the City for its convenience upon fifteen (15) days prior written notice and upon payment of reasonable and proper termination charges, including, but not limited to, all costs incurred or committed prior to the effective date of notice of termination and all charges incurred by Shepherd in connection with the termination, plus reasonable overhead and profit. B. In the event that Shepherd commits a breach of a material condition of this Contract, the City shall notify Shepherd in writing of said breach and if Shepherd has not cured or begun reasonable efforts to cure after fifteen (15) days of receipt of said notice, and fails to diligently pursue corrective action, then the City shall have the right to cancel this Contract. Shepherd shall be responsible for any direct costs due to the City's re -procurement of the equivalent of the equipment or services cancelled from Shepherd. 7. Confidential Information. A.. Access to Confidential Information. The City may - 3 - 1 provide Shepherd with, or allow Shepherd access to, certain information 2 not available to the public concerning, but not limited to the City, or 3 businesses located in the City. The information may include, but is 4 not limited to, company information, taxes, sales, value of assets, 5 utility usage, or other such information. All such information shall 6 be known as "Confidential Information" and may not be used to 7 circumvent the responsibility of either party to this Contract. 8 B. No Disclosure. Except as expressly permitted, Shepherd 9 shall not disclose, permit the disclosure of, release, disseminate, or 10 transfer, whether orally or by any other means, any part of such 11 Confidential Information to any other person or entity, whether 12 corporate, governmental, or individual, without the express prior 13 written consent of an authorized representative of the City. Shepherd 14 shall return any written Confidential Information, and all copies made 15 of such items, to the City upon the City's written request, but in any 16 event not later than the date that Shepherd has performed all services 17 to be performed pursuant to this Contract. Shepherd hereby agrees that 18 such Confidential Information and any documents provided may be used by 19 Shepherd only as authorized by the City. Shepherd shall take 20 reasonable measures to avoid any disclosure of any such Confidential 21 Information to any unauthorized person. 22 C. Court Ordered Disclosure. Shepherd shall immediately 23 notify the City of any court order or subpoena requiring disclosure of 24 Confidential Information, and shall cooperate with legal counsel in the 25 appeal or challenge of any such order or subpoena. Recipient may only 26 disclose Confidential Information required to be disclosed pursuant to 27 court order or subpoena after legal counsel has exhausted any lawful 28 and timely appeal or challenge. n i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D. Remedies. In addition to any other remedies that it may have at law or in equity, the City shall be entitled to a temporary and permanent injunction by a court of competent jurisdiction against any breach or threatened breach of the Confidential Information provisions of this Contract. Shepherd acknowledges that in case of such breach or threatened breach of said provisions, the City would have no adequate remedy at law. 8. Warranties. Shepherd warrants title to the Backhoe purchased hereunder and any part thereof to be free of any claim of any security interest, lien or any encumbrance. Shepherd also warrants that the Backhoe will be delivered new and shall be free from defects in material and workmanship for the warranty period. Shepherd shall comply with the warranty provisionsset,forth in the Bid Documents. All other manufacturers' warranties, any warranties typically provided by Caterpillar, and any other warranties made applicable by law shall apply to the City's purchase of the Backhoe and accessories and equipment options. 9. Compliance with Laws. Shepherd shall strictly observe and comply with all applicable federal, state, and local laws, ordinances and regulations governing this sale, including but not limited to any permit or license requirements of the United States Department of Commerce, as well as any laws of the United States of America that are in existence at the time this Agreement is executed. In the event that any of the above laws, ordinances or regulations governing this sale are enacted after the execution of this Agreement, any additional costs that result will be mutually agreed upon by the parties. - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19' 20 21 22 23 24 25 26 27 28 10. Governing Law. The validity, interpretation and performance of this Contract shall be controlled and construed under the laws of the State of California. 11. Forum Selection. Any action brought relating to this Contract shall be brought and held exclusively in a State Court in the County of Los Angeles, California. 12. Notices. Notices to the parties, unless otherwise requested in writing, shall be sent to: City: THE CITY OF VERNON ATTN: BRUCE V. MALKENHORST CITY ADMINISTRATOR 4305 SANTA FE AVENUE VERNON, CALIFORNIA 90058-0805 Shepherd: SHEPHERD MACHINERY CO. A LIMITED PARTNERSHIP ATTN: W. SHEPHERD III 10006 ROSE HILLS ROAD WHITTIER, CALIFORNIA 90601-1794 13. General Provisions. A. Independent Contractor. At all times during the term of this Contract, Shepherd shall' be an independent contractor and shall not be an employee of the City. The City shall have the right to control Shepherd only insofar as the results of Shepherd services rendered pursuant to this Contract; however, the City shall not have the right to control the means by which Shepherd accomplishes services rendered pursuant to the Contract except to the extent that such services involve the use of City property or Confidential Information. - 6 - t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. Shepherd Not Agent. Except as the City may specify in writing, Shepherd shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent. Shepherd shall have no authority, express or implied, pursuant to this Contract to bind the City to any obligation whatsoever. C. Indemnification. Shepherd shall indemnify, defend, protect and hold the City and its officers, agents and employees, free and harmless from and against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, orders, judgments and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and costs of defense arising out of the services performed under this Contract, except to the extent arising from or caused by the sole negligence or willful misconduct of the City, its officers, agents, employees or subcontractors. D. Insurance. Shepherd agrees to provide insurance in the amounts and forms specified in Exhibit "B," which is attached hereto and made a part hereof by reference. Comparable coverage shall be provided for each subcontractor used in the performance of this Contract. Shepherd shall submit to City documentation indicating compliance with these minimum requirements no less than one (1) day prior to the beginning of performance under this Contract. Shepherd shall not commence performance of its services under this Contract until the above insurance has been obtained and proof of insurance has been filed with and approved by City. - 7 - 1 2 3 4 5 6 7 8 ., 10 11 12 13 14 15 16 17 1: 19 20 21 22 23 24 25 26 27 1 28 E. Assignment and Subcontracting Prohibited. No party to this Contract may assign or subcontract any right or obligation pursuant to this Contract without the express written consent of the other party. Any other attempted or purported assignment of any right or obligation pursuant to this Contract shall be void and of no effect. F. Entire Agreement. This Contract constitutes the complete and final expression of the agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements and supersedes all prior and contemporaneous offers, promises, representations, negotiations, discussions, communications and agreements which may have been made in connection with the subject matter hereof. All exhibits are incorporated by reference. Shepherd represents that in entering into this Contract, it has not relied on any previous representations or understandings of any kind or nature. G. Partial Invaliditv. Wherever possible, each provision hereof will be interpreted in such manner as to be effective and valid under applicable law, but in case any one or more of the provisions contained herein will, for any reason, be held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective to the extent, but only to the extent, of such invalidity, illegality or unenforceability without invalidating the remainder of such invalid, illegal or unenforceable provision or provisions or any other provision hereof, unless such a construction would be unreasonable or contrary to the intent of the parties as expressed in this Contract. - 8 - 1 2 3 4' 5 6 7 8 9 OWN 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 H. Time of the Essence. Time is of the essence in the performance of this Contract and of each and every provision hereof. I. Risk of Loss. Risk of loss or damage shall pass to the City and delivery shall be deemed to be complete upon delivery FOB destination. J. Attorneys' Fees. In the event that it becomes necessary for either party to this Contract to enforce any of the provisions of this Contract, the parties agree that a court of competent jurisdiction may determine and fix reasonable attorney's fees to be paid to the successful litigant. K. Benefit of Agreement. This Contract shall bind and benefit the parties hereto and their heirs, successors, and permitted assigns. L. Force Maleure. Neither party shall be considered to be in default in any of its obligations under this Contract when a failure of performance shall be due town uncontrollable force. The terms "uncontrollable force" shall mean any cause beyond the control of the party affected, including, but not restricted to, flood, earthquake, storm, fire, lightening, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor material shortage, sabotage, federal, state, or municipal action, statute, ordinance, or regulation, embargoes or the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise to due diligence has been unable to overcome. Either party rendered unable to fulfill any of its obligations under this Contract by reason of an uncontrollable force, shall give written - 9 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 notice within five (5) business days of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. M. Waiver. Any waiver at any time by either party of its rights with respect to a default under this Contract, or with respect to any other matters arising in connection with this Contract, shall not be deemed a waiver with respect to subsequent default or other matter. N. Amendment. All changes or modifications to this Contract shall be in a writing stating that it is an amendment to this Contract and shall be signed by both parties or their duly authorized agents. This Contract shall not be modified through course of dealing, usage or trade. IN WITNESS WHEREOF, the parties have caused this Contract to be executed by and through their authorized officers on the date, month and year first written above. ATTE BRUCE V. MALKENHORST, City Clerk APP�QVED AS TO FORS --., OLIVO, City torney CITY OF VERNON By: LEONIS C. LBURG, Mayor S P RD MACHINERY CO., A IM T D P TNERSHIP By : - Title: PRESIDENT OF THE GENERAL PARTNER By: Title: - 10 AMENDMENT # 1 EQUIPMENT PURCHASE CONTRACT The City of Vernon (hereinafter referred to as the "City") and Shepherd Machinery Co. (hereinafter referred to as "Shepherd") agree to modify the Equipment Purchase Contract in the following respect. 13. General Provisions. C. Indemnification. Delete "sole" in line 15. Except as expressly modified herein, all other terms, provisions, conditions, and exhibits remain the same. IN WITNESS WHEREOF, the parties have caused this Amendment #1 to Equipment Purchase Contract to be executed by and through their authorized officers on the date, month and year first written in the Equipment Purchase Contract. ATTEST- BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: - EDUARDO OLIVO, City Attorney CITY OF VERNON By- L NIS M�"W,�ayo�r + SHEPHERD MACHINERY CO., A LIMITED PARTNERSHIP By: Title: President of the General Partner REQUEST FOR QUOTATIONS CITY OF VERNON, CALIFORNIA NOT A PURCHASE ORDER PURCHASING DEPARTMENT DiFMCTALL WWRtESTO. CITY HALL CITY PURCHASM AGENT TELEPHONE (213) %3-Ul 1 4305 Santa Fe Ave. Vernon, California 90058 TO SHEPHERD 10006 Rose Hills Road Whittier, CA 90601 FOR CITY USE ONLY QUOTATION NO. c•t r_u DATE MAILFD10/29/02 REC'D By Cl/TA�21k .tF q Iy OPENErR ao tne• LarrdPadul oPlevse greon thlowest n °glee you can famish the articles or services specified below. Quote on each item separately. Bidder may qualify quotations as "all or none by stating so an body of form. City reserves the right to accept or reject quotations received on any or all items. In order to maintain their name on City's Bidder File, Vendor should return this fort whether a price is quoted or not. QUANTITY O ES C R I P T I O N NET UNIT PRICE TOTAL 1 Caterpillar 420D Backhoe Loader ST 2WS as per 74,11 .00 74,114. attached specifications *********PLEASE NOTE*********** Bid number must be shown on the outside of the return envelope, otherwise bid will not be accepted. IF INSUFFIOENT SPACE PROVIDED ABOVE FOR PROPOSAL. ATTACH RIDER OR SUPPLEMENT CASH DISCOUNTS QUOTED FOR PERIODS OF LESS THAN 90 DAYS WILL NOT BE CONSIDERED WHEN ORDER IS AWARDED. BIOS, RECEIVED IN RESPOT,Q THIS REQUEST. OR QUQTATION Wp.L BE O PU r {N[i AORNIV q OFRCF ON THE DAY OF V cimn er t )0 NOTE: Quota prices explusive of Sales Tax and Excise Taxes. A. Indlcoto Sales Tax in this space ______________.....,,___._____ B_Y- 6 114 �sl B. Indicate Excise Tax in this space $____--------------------------------_ S._._s�._ _ C. Above quotations subject to Cosh Discount of.--N/-A................ %, F.O.B.-------------.....---•---------------._......--•----------------- -------=- D. To be delivered to CITY OF VERNON of ------ !TT- r,..XA4Rp-------------------------------------------------------•-• We (1) agree to furnish o6ove In ----days from receipt of purchase order of prices specified. FOR..---5 --- HE • C_INERX'_ CO_---•---:-•--------- ---------------------•------ Firm Name DATE ...... DTQSlEMBER.-2,Jrr-2002------ SIGN HERE.- ..... ...... W . SiiE Rb I ---- - - T - OF �'lii E GENERAL PARTl MAIL TO PURCHASING DEPT. SIns EP"no ERD Seruing Smeii m Cali forma JFor Over 75 Fears November 21, 2002 City of Vernon Purchasing Department Santa Fe Ave. Vernon, CA 90058 RE. REQUEST FOR QUOTATION NO. 1420 CST We are pleased to submit our bid with the understanding that Shepherd Machinery Co. shall not be held liable for failure or delay in fulfillment if hindered or prevented, directly or indirectly, by fire, strike, act of God, war, act of the government, or other causes beyond our reasonable control. Attached is form NO. SELF5287 covering the STANDARD MACHINE WARRANTY. This WARRANTY is exclusive and in lieu of all other warranties either written, oral or implied: induding but .not limited to .any warranty of merchantability or fitness for a particular purpose. Shepherd Machinery Co. and Caterpillar Inc_ shall not under any circumstances be liable for any special, incidental or consequential damages, including but not limited to loss of production, loss of profit, loss of use or business interruption, or any other economic loss, whether in tort, contract, warranty, strict liability or any other theory of law, except as expressly stated in the bid specifications. We wish to thank you for the opportunity to submit this bid and look forward to fulfilling your machinery requirements. Very truly yours, SHEPHERD MACHINERY CO. W. Shepherd III President of the General Partner WS:gk Los Angabs Fteatlqumwe L.3nca,ter 0-nW County San Fernando VWley 10006 Rose His Rd. P.O. Dow 226780 46101 N. sierra "w)4 25961 Wright St. M0 awnoam 0hr4l. WhWd". CA 90W1-179d Los AnWl6s. CA Lancaster CA 93534-7611 Foothiu Rands, CA 92610 sum Valley. CA 91352 (662) 463-4000 90022-048 (661) 942-1177 (M) 768-1777 (010) ie7-7171 COSTMER , i zz!. 01 cr CL, > 0 t 3 z o QL (D '0 * - Ea , co co ID, Q 0 CD (D- 5t (chat CO aL Q) 0) c'). > * 3 "0 TA <0 (D =3 ICD r.+ WC �Z ol '_FD- 0 GY cr :3 (a CLIO. O'S CQ_ Ab =g V =r A, AM 0 C I_A = (D _0 w -, ;j 0 lb .rt , (D pp 403 0. x wt .0 CL 0 c ar 0 'AW :.43Y k. Or. co 0, t SL 0 di, Q. CL (D 0- C) tD cD =r =r (D ID (D C)I, o o CL, 0 CL 0 10. M to W Dy. m Inc fl CT Er iu 0 OL L ID I i D fn ca CD t Q- m gDw . m w m Ka) 3 in -� c5 CD c a. 33 m(D n� 00 v �Ir ORaD � w m' (a- o 3 m by m a �m o m n m � m o m n� a o m nCD D I �- >"gym a0am �>z am'�x m v_-aw-n m0�C 0 m 0 m Z 0::a G) �m—m m=a�' a in-7°m m > vi xmM < 'a -4 M (J'a�'a ZNo� m r chi ch Z mx- ?°=vo x N M azccgmo-4 v0aznx-nax_ 3>-4mmxmmMtn p(0)rr-=z—q x-z-4> OZNN0Z ) a cznv*o�amz mMmz -aEao c�Zmr",�� 0Wm���m aao MMM w7DZM-4 o V R m—'�cn m r (1) vc 5.!r.0 m� m.r—xC-nv Immmz0— nvvM�Mzz r m O rr 3)O-Doavcm M--qrr--mMZ z 6 C) 00m. Ca0 Z-4Mmna-zt m o.< �� :z D.D55 m.Qc> m .ZmmmDO �x vZOZ= > a-OnM@In_<M i a. va• auv�vi� - o i.crit( �J u u a CTTY COUNCIL LEONIS.C. MALBURG Mayor THOMA.S A. YBARRA Mayor Pro -Tern WM. 'BILL" DAVIS Councilman H- "LARRY" GONZALES Councilman W. MICHAEL MC:CORMICK Councilman BRUCE V. MALKENHORST City AdniWstrator/City Clerk FAX (323) 826.1438 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 October 21, 2002 CITY OF VERNON BDUARDO OLNO City Attorney FAX (562) 869.1883 KEVIN WTLSON Director of Community Services & Water FAX (323) 826-1435 KENNETH ). DeDARIO Director of Municipal Utilities FAX! (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police C1uef FAX (323) 826-1481 REQUEST FOR PROPOSAL FOR A CATERPILLAR 420D. BA,CKHOE LOADER ST 2WS INTENT It is the intent of this specification to provide for the purchase of one (1) new and unused Caterpillar 420D Baekhoe Loader ST 2WS.The City of Vernon has evaluated different types of backhoe's and has determined that this product is best suited for the department's needs in sa'ty, quality, performance, and standardization. In conYparing proposals, consideration will not be confined to price only. The successful bidder will be one Wbose product is judged shall best serve the interests of the City of Vernon when price, product, safety, quality and delivery are considered. The City of Vernon reserves the right to reject any or all bids or any part thereof, and to waive any minor technicalities. A contract will be awarded to the bidder submitting the lowest responsible bid meeting the requirements of this specification. The City requires the successful bidder to provide proof of insurance, including a standard certificate of insurance, in at least the amounts and coverage indicated on the insurance schedule. In addition to the standard certificate of insurance, proof of general and umbrella liability coverage shall also be furnished in the form indicated on the attached insurance schedule (E)hibit A). E01MLALENT PRODUCT Bids will be accepted for consideration on any make or model that is equal or superior to the backhoe specified. Decisions of equivalency will be at the sole interpretation of the City. A blanket statement that equipment proposed will meet all requirements will not be sufficient to establish equivalence. Original manufacturers brochures of the proposed unit are to be submitted with the proposal. All modifications made to the standard production unit described in the manufacturer's brochures must be certified by the manufacturer and submitted with the bid, or the bid will be deemed `non -responsive" and rejected without further review. Bidder must be prepared to demonstrate a unit similar to the one proposed, if requested INTERPRETATIONS In order to be fair to all bidders, no oral 'interpretations will be given to any bidder as to the meaning of the specification documents or auy part thereof. Every request for such a consideration shall be made in writing to the City of Vernon. Based upon such inquiry, the City may choose to issue an Addendum_ GENERAL The specification herein states the minimum requirements of the City. All bids must be regular in every respect. Unauthorized conditions, limitations, or provisions shall be cause for rejection. The City of Vernon will consider as "irregular" or "non -responsive" any bid not prepared and submitted in accordance with the bid document and specification, or any bid lacking sufficient technical literature to enable the Department to xnake a reasonable determination of compliance to the specification. It shall be the bidder's responsibility to carefully examine each item of the specification. Failure to offer a completed bid or £allure to respond to each section of the technical specification will cause the proposal to be rejected without review as "non -responsive". All variances, exceptions and/or deviations shall be fully described in the appropriate section. Deceit in responding to the specification will be cause for rejection. SPECIFICATIONS CHASSIS (CATERPILLAR 420D) Dimensions: • The operating weight shall be approximately 15,772 lbs. (nominal), 21,6051bs. Maximum, excluding any wheel ballast. • The overall width of the backhoe loader when equipped with a multipurpose loader bucket and reversible stabilizer pads shall not exceed 7 feet 9 inches with stabilizers in the transport position. • Overall transport length shall not exceed 22 feet Eleven inches when equipped with a multi- purpose loader bucket. • Ground clearance with no bucket penetration shall be at least 12 inches. 2 W v U Rn • 'ne: • Engine shall be a four-stroke, four -cylinder turbocharged diesel, Engine shall be a Caterpillar 3054T or equivalent. • Minimum displacement shall be 243 cubic inches. • Engine skull have a minimum net flywheel horsepower rating of 85 hp at not more than 2200 RPM. • Net torque rise shall be at least 27% at 1400 RPM, • Have full -flow filter lubrication. • Air intake system shall be protected with a dry -type, radial seal, two -stage filter which incorporates air cleaner and pre -cleaner functions into a single unit with automatic dust ejector and service indicator. • Engine shall have direct -injection fuel system with individual adjustment -Free unit injectors for cylinders. • • Cylinders shall be of three-ring desiga� made of silieon/aluudnum alloy. • Crankshaft shall be forged chrome/molybdenum steel with tuffride hardened journals. • Front and rear crankshaft seals shall be of "lip" type Viton design with integral dust lips. • Engine shall have heat resistant, silicone -chrome steel intake and stellite-faced exhaust valves. • Cylinder block shall be high strmigth cast iron alloy of deep skirt, monobloc design and use replaceable banged press-f t dry -type cast iron liners. Cooling System: • The design and construction of the radiator and cooling system shall be fully guaranteed to maintain normal operating temperatures in the engine, powertraiu and hydraulic system in all weather conditions. • Cooling system shall be a high ambient system with a capacity of 4.4 U.S. gallons, minimum - Transmission: • Transmission shall be a power shuttle, with four (4) forward and four (4) reverse fully synchronized speeds. • Have synchromesh gears and hydraulically shifted forward and reverse shuttle clutches to allow for direction and travel speeds to be changed on -the -go and at full throttle. • Tractor shall have a neutral start provision to prevent starting while shuttle is engaged. Axles: • Rear Axle: Heavy duty, with self adjusting inboard -mounted brakes, differential lock and inboard -mounted planetary reduction final drives. Rear axel rating shall be 61,233 lbs. static and 20,418 Is. Dynamic • Front Axle_ Pendulum mounted, permanently sealed and lubricated requiring no daily maintenance. Oscillation shall be a minimum of 11 degrees each direction from centerline. Front axle rating shall be 30,319 lbs. static and 6,983 lbs. Dynamic. 3 ._.. ..• _--.ram.. — ..._.__ _ ��� vases Va' �LYs�l\Vl\ Y al l..Gux `YJUU;S Stecrine: • Steering system shall be fully hydrostatic front wheel power steering controlled by a hand - metering unit. • Steering shall be actuated by one (1) double-acting cylinder, of 2.75 inch bore, 8.8 inch stroke, 1.75 inch rod diameter, with a 50 degree steering angle_ • Steering system shall meet secondary steering system roading regulations including ISO 2010. Brakes; • Service brakes shall be fully enclosed and sealed to allow operation in water, mud, snow and other adverse conditions without encountering brake fade. • Service brakes shall be inboard -mounted, oil -immersed, hydraulically actuated multiple discs on final input shaft. • Service brakes shall be self-adjusting and self -equalizing. • Foot operated brake pedals shall be capable of being interlocked for roading_ • Parking/secondary brake system shall be independent of service brake system and of sufficient design to hold weight of machine on a slope and shall be mechanically applied through an adjustable hand lever located on the right console of the operator's compartment. • Brakes shall meet the following standards: SAE J1473 OCT 90 and ISO 3450 96 requirements. Tires: • Front tires shall be a minimum of 11L x 16,12 ply, tubeless, nylon, loader design. • Rear tires shall be a minimum of 19.5 x 24,10 ply bias, tubeless, nylon, loader design. Fuel Tank: • Fuel tank capacity shall be 34 U.S. gallons, minimum.. Electrical: • 90 amp alternator, rninim — • Standard 12 volt system. • 12 volt direct electric starting and one (1) 12 volt heavy-duty industrial maintenance -free battery, 700 CCA. • Eight (8) sealed halogen work lights, four (4) front and four (4) rear, for night operation, and two (2) combination stop/tail and directional lights shall be installed. • A, rotating beacon warning light shall be installed on top of the cab. • The 420D shall be equipped with the following gauges and/or indicators: 1. Coolant temperature. 2_ Fuel level. 3. Tachometer. 4. Hour meter. 4 .. • •" .aaa� �:1 V V A 5. Torque converter oil temperature. 6. Parking brake on. 7. Air cleaner service. S. Engine oil pressure. 9. Hydraulic oil level sight gauge. Hydraulic System; • Hydraulic system shall be a variable -flow, load sensing, closed -center system to provide full hydraulic force to cutting edges at all engine speeds. • System shall have a minimum flow of 43 galloons per minute at 2,200 RPM and have a minimum system pressure of 3,300 PSI. • Hydraulic pump shall be a variable -flow, axial piston type. • System shall be sealed with valves enclosed to keep out dirt and other contaminants. • Cylinders shall be double acting with hardened and chrome plated rods to increase strength and resist corrosion. • Filters shall be full -flow five (5) micron return filters in reservoir. • Hydraulic lines shall be steel tubing with brazed fittings. • Hydraulic hoses shall be Caterpillar XT-3 or equivalent, high pressure hose made of four (4) overlapping insulated spiral wraps bonded together for extended wear. • Reusable hydraulic couplings shall be equipped with O-Rmg face seals. • Proper guards shall be provided for all hydraulic components. • Hydraulic plumbing for hydraulic breaker hammer with hydraulic quick disconnects shall be provided. Operator Compartment; • Machine shall have an open ROPSIFOPS canopy which meets ROPS criteria SAE J397, SAE J1040 Mat 1994 and ISO 3741 1994; and FOPS criteria SAE J231 Jan 1981 and ISO 3449 1992. • Machine shall have an air suspension vinyl seat with armrests. • Adjustable tilt steering column. • Lighted gauge group shall have white-faced gauges. • Rotating hideaway gauge panel shall provide vandalism protection by rotating and locking the gauge panel into side console. • Interior rearview mirror. • Rear fenders. • Retractable 3" seatbelt • Floor mats. • Coat hook. • Lockable storage area. • Drink holder. • Lunch box holder. • Hand and foot throttles. • Interlocking dual break pedals. • Foot -operated switch/pedal for differential lock. 6, • Switches, boom lock, and pilot -operated backhoe, stabilizer controls shall be located in side console. • Backhoe controls shall be two (2) low effort pilot -operated joysticks mounted in moveabletadjustable pods on either side of operator's seat. Pods must be capable of being locked in a neutral position when not operating in order to neutralize backhoe hydraulics thus preventing inadvertent actuation of backhoe functions. • Backhoe controls shall incorporate a switching valve to allow conversion of backhoe control pattern between hydraulic excavator .and standard SAE backhoe controls. Loader - Loader shall have a single tilt cylinder design. • Loader shall be equipped with divergent loader arms. • Loader shall be self -leveling and equipped with automatic return to dig. • .Loader arms shall be of rolled steel design with only one (1) welded seem on the bottom side of each arm. Torque tube shall nun through both loader arms and be welded on both the inside and outside of each loader arm. • Loader hinge pin at connection of loader arms to loader tower shall be one (1) continuous pm running through the hinge connection. • Loader shall be equipped with a 1.25 cubic yard multi purpose loader bucket with two- piece bolt -on cutting edge. • Lift capacity at maximum lift height shall be 6,056 Is., minimum. • Breakout force shall be-10,099 Is., minimum. • Dump angle at full lift height shall be 43 degrees, minimum. • Dump clearance at full lift height shall be 8 feet 7 inches, minimum. Backhoe: • Backhoe boom shall be of excavator -style maximum radius curved design, box section fabrication with internal stiffeners. • Boom shall have "cushioned swing' feature to dampen swing at the end of 90 degree swing arc in either direction. • nipper stick shall be extendable utilizing eight (8) self -lubricated non-metallic wear pads which can be shimmed or replaced. • Extendable portion of stick shall be internal portion, telescoping in or out of main outer stick housing. • Extendable stick shall be equipped with hydraulic lines with quick couplers for use with single -flow work tools. • Single pin bucket linkage shall provide at least 205 degrees of bucket rotation. • Stick shall be equipped with a manual pin lock quick coupler for use with dedicated pin lock backboe work tools. • Digging Depth: Stick Retracted —14 ft. 8 inch. (SAE maximum). Stick Extended —18 ft. 1 inch. (SAE maximum). • Reach from Rear Axle Centerline: Stick retracted - 22 ft. 4 inches. Stick extended — 25 ft. 6 inches. • Loading Height: Stick retracted —11 ft. 11 inches. Stick extended —13 ft. 8 inches. 6 va' r++ivyv19 -! J L.Cnn tL%jUj�. • Bucket Digging Force: Stick retracted—14,5861bs. Stick extended—14,586 lbs. • Stick Digging Force: Stick retracted — 8,421 lbs. Stick extended — 6,188 Ibs. Accessories: « Engine exhaust pipe with curved elbow. • FTorm • Back-up Alarm. • Open circuit breather to eliminate engine oil contami-cation to surrounding area. • Cap locks for fuel tank, radiator and hydraulic tank. • 1250 lbs. Counterweight, minimum. • Flip -over pads_ • Rid control system utilizing a suspension system in loader lift arm circuit. • Slow moving vehicle emblem shall be installed on rear of machine. • Two (2) 3-inch reflectors shall be installed on rear of machine. • Lighted license plate bracket shall be installed on rear of machine. • 1.25 cubic yard multi purpose loader bucket with two-piece bolt -on cutting edge. • Backhoe stick equipped with manual pin lock quick coupler for use with dedicated pin lock backhoe work tools_ • 18" heavy-duty pin lock backhoe bucket. • 24" heavy-duty pin lock backhoe bucket. • Hydraulic hammer, Caterpillar model H70 or equivalent, with Certified CD4A Tool Energy of 459 ft. lbs. And 1,813 psi operating pressure, equipped with standard moil Point and with mounting bracket compatible with manual pin lock backhoe quick coupler. • Machine sball be equipped with safety devices required by United States or California State Occupational Safety and Health Acts. In addition, the proposed machine shall be in compliance with Article 10, Haulage and Earthmoving, of the Construction Safety Orders of the Division of Industrial Relations, State of California. Faint: Machine shall be painted with first quality equipment enamel in the standard colors of the equipment manufacturer. S edal_C©nditions: • Vendor shall supply two (2) copies each of service manuals, parts books and opeKator manuals at time of delivery. • Prior to delivery, new machine must be serviced in accordance with standard new machine "make ready" and the xanufacturer's recommendations. • Fuel tank shall be full at time of delivery. 7 Warrant!''= • Standard warranty for proposed machine shall be twelve (12) months or 1,500 operating hours, whichever occurs first. BID ITEMS• ITEM 1: 420D Backhoe Loader ST 2WS: (184-7839). Price. $38, 588.00 rmM 2: B-Stick with One -Way high flow -1/4" Lines routed to midpoint of stick (202-5973). Price: �$ 4,892.00 _ ITEM 3: Backhoe Hydraulics, BR, 5 Function with boom, bucket, stick, swing and an additional valve with right foot pedal controls (1864959). Price: S 436.00 ITEM 44: Backhoe Excavator with Pattern Changer (202-5916). Price: $ 138.00 ITEM 5: Loader Bucket, 1.25 CYD MP drilled to accept bolt -on teeth or cutting edge (112-0940). Price: $ 2,890-00 ITEM 6: Loader Hydraulics (3 bank) shall include valve, lines and controls. Price: $ 674.00 ITEM 7: ROPS Canopy shall include air ride vinyl seat, floor mat, radio ready headliner, tilt steering colunui, internal and external power receptacles (184-9736). Price: No CHARGE a WJ V 10 ITEMS: Gauge Panel and Rotating Hideaway (202- 5724). Price: $ 55.00 ITEM 9: Engine Cooler (202-5773). HIGH AMBIENT ENGINE COOLER (202-5774) Price: $ 132.00 Seat Belt shall be three inches wide and meet the State of California requirements for seat belt safety (190-8919). Price- NO CHARGE ITEM 11: Two (2) Heavy --Duty Maintenance Free 700 CCA Batteries (119-8016). Price: $ 211.00 ITEM 12: Transmission Controls shall be standard shift two wheel drive application (198-4095). ITEM 13: Drive Train shall be two -wheel drive (184-7932). Price: Price: NO CHARGE ITEM 14: Front Bumper Counter Weight shall be 1,250 lbs. (120-8482). MM 15: Stabilizer Pads shall be of a flip -over design (9R-6007). Price: $1,153. 00 Price: $ 316.00 ITEM 16: Service Instructions shall be in English. Two (2) copies are to be provided (185-7764). Price: NO CHARGE 9 -.- - - - - - - . -- V111 yr r�iuvui� ► d l.lnm 19JU14 ITEM 17_ Tires shall be Goodyear 11L -1612 PR F3 front tires and 19.5-24 IT525 10 PR Bias ply rear tires and have side wall bars :For support (185-2891). ITEM IS: Backhoe Bucket shall be an 18" 4.8 CFT bID PL (214-2986). ITEM 19: Backhoe Bucket shall be a 24" 7.1 CFT HD PL (214-2987). ITEM 20: Manual Backhoe Coupler for dedicated pin -lock backhoe work tools. Backhoe coupler shall include one set of mounting pins and hardware for attaching one work tool (214-2983). ITEM 21: Beacon —Fixed Mount (141-8292). ITEM 22: Two (2) Padlocks and Hood Lock (134- 8204). ITEM 23: Cutting Edge and Teeth - two piece (9R- 5321). ITEM 24: Open Circuit Breather (202-5914), ITEM 25: Ride Control System (185-1482). Price: $1, 820. 00 Price: $ 748.00 Price: -gap _QD Price: � 803.00 Price: $ 131.00 L ; �• Price. $ 191.00 Price: $ 93.00 Price: $ 943.00 10 --�- -' —' -- ��. vaaa •LayiVa� 4 LL'ili\ r Ei M 26: Quick Disconnect Couplings (132-8769). . Price: s 249.00 ITEM 27: H70 Hydraulic Breaker Hannmer Price: $13.794.00 ITEM 28. SHOP PREPARATION, TRANSPORTATION, DELIVERY PRICE: $ 4,671.00 TOTAL COST WITH 'TAX: $80 ,228.41 Submitted by: SHEPHERD MACHINERY Co. Address: 10006 ROSE HILLS RD., WHITTIER, CA 90601 Signature: W . SHEPHERD I I PRESIDENT OF THE GENERAL PARTNM Note: Bid must be received in a sealed envelope and returned to the City of Vemon Finance Depaaiment no later than 2:00 p.m. November 21, 2002. W uiv zrrSURWCE .9CHZb= (COWM TR) The Contractor shall provide proof of insurance, including a standard certificate of .insurance, in'at least the following amounts and* coverage__{�.ombieed si-n-le....lmit • ---• __._.. _. g pexnti.tt�z#) I' Coverage and Limits Bodily Injury - Property Damage Hazards -Each Person Each Accident Each Accident Automobile Liability Owned Automobiles $ 500,000 $1,0001,000 $ 500,000 Hired Automobiles $ 500,0D0 $1;000,000 $ 500,000 Non -Owned ;Automobiles $ 500,000 $1,00010.00 $ 500,000 Workers' Compensation $ Statutory Moyers' Lability $1,000,000 per employer 11. *General Liability Premises Operations Elevators (if applicable) Independent Contractors Products - Completed Operations Umbre it ii $1,000,000 $1,F000,000 $1,000,000 $1,000,000 $1,000,000 $11000, 000 $2,000,000 -$110001000 $2, 000, 000. $1, 000, 000 $2, 000, 000 $1,000,000 $2,000,000 $1,000,000 $2,000;000 �$1,000 000 $1.,000,000 $1.000.000 a. The general liability policy shall contain the following special endorsements which shall'be noted on or attached to the standard certificate of insurance: 1, An endorsement naming the City of Vernon, its officers, and employees as insureds under the policy. 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material reduction of coverage. 3.. An endorsement providing coverage for all operations. under contract. 4. Such other endorsement as may be required by addendum hereto. b. In addition to the standard certificate of insurance, proof of general and umbrella liability coverage shall be furnished in the form checrked below. Certification of the following proofs by the insurance agent or broker will not be accepted: x For each policy, a notarized letter from the underwriter or carrier certifying that•the coverage and statements in the standard certificate of insurance (attached thereto) are true and correct and that the signator is an officer authorized to so certify. A copy of each policy certified by an officer of the underwriter or carrier -and notarized. Exhibit "A" 11/20/4002 09:45 FAX _ � _ r _ _ , _• _ �tuvol JU1,7 % tt ,r " f'' ♦ $ _`' AO � 1, ir�+TCt IFIWD�vt ~NA MATTC OF IMt=ORPAATION FICATF IS 15SVEK) A5 R {g FICATE MF CQI+l�FEI:SlaaR IjlupGNON NYC AMD EXifND TM3 CERTIFICATE pCEs AMENa. BEEOW. UR i1ATFD MUTLIAE IPISU ICE E IGPANY A MV HOLDl 19y AL -erg THE COVMGE AFfORD� SY TItE PORlC1ESr 57D1 Tt 3oulcv ,=7t)j W. COMPANIES RF-i�Oi PING �O1►HtAGg -- AZ 85036 GlilPhone. -- rFDERATEED,MUTUAL jNsuRAl COMPANY ICI 60`�-9d4.0 66 GOMPA►rY A i�„TarO SERt►30E 11�15URA{�iGE COMPANY — Home Off-fe' Owatonna, MN 55060 Fm — -- - _ --- 3145-1 a AEn MACHINERY CO SKE'PHERD— SHEPHERD MANAGEMEti'T SERVICE A LIMITED , ASSOCIATES PAI3TNERSNIP POWER SYSTEMScow-" , � — 33Dp PROGRESS ST �ol+a+auY WHITTIER CA 9f1601 5. �. AS VP _HAM Ml THIS M TO THAT THE POLITHSiANDiNG ANY 4EQCW DUIREMSTfF. TERM r MSURA)i O CONDITION OF ANSI COONNTRACT OF OTMA OOCUNIENT �N TO THEWHIT1 W4. k IS Svc THE NOTWwy MATE G PERTAIN, CItE tNSUISANCB AFFORDFA BY THE pOt ICtIS DESCRIBED Ct MAY 6E 15SN D MAY EXCLUWNS AND COMI)IT10NS Of SUCH POLICIES. LANTS SliQttW! MAYpi NAYS SP�ri REDUCED 8Y PatO CLAAJIS. -� T772 Of Wmilk► uE POU" Mimi POLICY OWSM73[ UmrrS PhIM1DON�YI DATE StlMIDDIY> l LTTR aEHERAI aGt;aECATE a 2 GENFsa1L�AB�uY+r PnOnuC1'$ • COMPJOP AGK. _ 2.(100,000 X COMMEAG+AL GENE L"Wy cu,MSMaO> �occve 9370298 10/Q1/D2 10/01/03 i13150aAi. b aOv t►vuNY s .�� p Py,Cw OCCVI�ENCE 0 1000.000 owrtO►�s a co•rsnAcraws PRUT fliiE 4AMACsE tN+.r aiM t1wl 6 Doum-0 MED ti IAAY vna orr.�1 5 000 ALrrO QMG MOW" GCMWAM 5MGlE LIMIT • 1.000,000 1 AU, 0WIll AVTM 9370298 ' vRr o 10/01/02 10/01/03 A SCHEDull AUTO n HARD mn= Ipw 6ccr1IIIlcau0.Y X HO WJKD AUTOS IPROPERTY DA4IAGE a CaA7Ui�tSaBlt.TTll �.,.,,; i'^...,w•.;`?�%ti OTHER THAN AUTO C!y'LY: ANY AUTO �' tJCN AGCISENi _ • Ar.—_gRr,tiTE • nM a=&= OCCIIARENCE 45 1000.0m Exom u"'vT" 93702� *25,000+000 _ 94/D1/02 1C►'01103 AGGRtd`allTE - . A X ..111MLAfOW OTHER TOM UNouEILA Ill wC Si T3 : �s;..:a.:=�'�'= YYOHKEEs t�Y•96SATtON AND URWL EAS• UAm.lsr YQR`t. EL VCW AGCiDEWT THE PROPmETm W-L p. OtSEa56- �OL1ct L¢ViT a PARTNOGfI a, piOM$E, EA ElAPLOYEE Of W.M Atui•. (KcL OT"V De :C>�flOk 0+` OPBM FFXW ,. .. ...,• w. .y,.. ; . {{��•. -3...� - Y -J x �,�� �,�•'i6y-._eaw Y,t..A,w-atii'R?k :xiC`.�.:r'it,) •..w W..+. 3iaid71 �� n "• W A24 sNDutD ANY 99 THE Al UEWRMP pill so CAS sEiOt TNF CIiY OF VERNON EkWgllTtwl Dwse sNEeEOF, TFIE t$6tANC GO�'AtlY — Avoa TO .pl d30b SAN'FA rIr �Q_ OAI WMTWA NOTICE 'to YNE CBBTttI fOUKO WAWD TO T� Ul _ VERNON CA 9D'�58 TO MAIL WCW MDYIL"E SWAB txrcullill NO'YISAT" OR "Al Ill IfAl OF N•Y 1tlND UPON ri�E rrs A ., ak IIEPlI DUAT1Y6S- AUTill iI A i ...;.. �. .. y,�_.•� ._.,...�,:e.:.,:x -vats$; gp �:'�C,,��'��:�?��y'�sti:: .«�k:+'•+`�a '�.JY'<•'••'.m �'�+R..._ ;}.+ ACORD CERTIFICATE OF LIABILITY INSURANCE ii2o/ zov wtm (562)463-2777 FAX (562)692-2650 Earl Insurance Corp. 3300 Progress Street Whittier, CA 90601 "uRED S epherd Machinery Co,Shep erd Management Services, Power Systems Associates 10006 Rose Hills Rd. Whittier, CA 90601 THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INsURERA; Cart of Consent to Self Insure NAIL � INSURERB: INSURER C: INSURERD: iNSURM E: 1rTi1TA:4;ETH 44 1 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUstONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Ns 'TYPE OF INSURANCE POLICY NUMBER DATE M s DATE LIMITS GENERAL LIABILITY EACH OCCURRNNCE S COMMERCIAL GENERAL LIABILITY PREMISES curente i CLAIMS MADE D OCCUR MED EXP (Any oric pecan) S PERSONAL s ADV INJURY $ GENERAL AGGREGATE S GER AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S POLICY JECT LOC AUTOMONL.E LIABILITY ANY AUTO COMBINED SINGLE UMIT (F* ea,Oent) b ALL OWNED AUTOS SCHEDULED AUT03 BODILY INJURY (Per Down) S BODILY INJURY {Pcr acodent) S HIRED AUTO& NON -OWNED AUTOS PROPERTY DAMAGE (Per ecddent) S GARAGE LIABIUTY AUTO ONLY - EA ACCIDENT 8 ANY AUTO OTHER THAN FAACC S S AUTO ONLY: �AGO EXCESSOMBRELLA LIABUM EACH OCCURRENCE S OCCUR a CLAIMS MADE AGGREGATE S S ' DEDUCTIBLE $ $ RETENTION 9 A WORKERS COMPENSATION AND EMPLOYERS' UAMLITY ANY PROPRIETOR1PAPtTNEWDtECUTIVE OFFtCER/MEMBER EXCL=W CERT SELF INSURE 10/01/20OZ Continuous X 7ORY L►MITs teR E.L. EACH ACCIDENT $ E.L. DISEASE • EA QIPLOYF S 1, OOO , N y-. dca9be under SPECIAL PROVISIONS belay ELL DISEASE - POLICY LIMIT I S 1,000.00 OTHER DESCRIPTION OF O T10NS I LOCATIONS I / EXcCOwGN8 ADDED BY ENDORS9MI1NT / SPECIAL PROVISIONS l:ttK fltR:A I t HUUJeK GANGELLATIUN SHOULD ANY OF THE ABOVE DESCRWD POLICIES BE CANCELLED BEFORE THE EVIRATIoN DATE T► EREDF. THE ISSUING INSURER W11.1. ENDEAVOR TO MAIL 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT City Of Vernon BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 4305 Santa Fe OF ANY KIND UPON THE IN5URER ITS AGENTS OR REPRESENTATIVES - Vernon, CA 90058 AUTHORIZED REPRESENTATIVn j ernRn 2w t9na4rnin "CORD CORPORATION 1988 I _, __ _, �_ „ -- .. ��= vaaa va' aaaa�awi� -s J ,,r•i3.L� tK-lV1M Y� IMPORTANT if the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)- If SUBROGATION IS WAIVED, sub*ct to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does It affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 26 (2001100) 1 2 1911 E111 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 QV EXHIBIT B INSURANCE SCHEDULE Shepherd shall provide proof of insurance, including a standard certificate of insurance, in at least the following amounts and coverage (combined single limit permitted): I Coverage and Limits Bodily Injury Property Damage Hazards Each Person Each Accident Each Accident Automobile Liability Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Hired Automobiles $ 500,000 $1,000,000 $ 500,000 Non -Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Workers' Compensation $ Statutory Employers' Liability $1,000 006 per employer II. General Liability General Liability $1,000,000 $2,000,000 $1,000,000 Premises Operations $1,000,000 $2,000,000 $1,000,000 Elevators (if applicable) $1,000,000 $2,000,000 $1,000,000 Independent Contractors $1,000,000 $2,000,000 $1,000,000 Products - Completed Operations $1,000,000 $2,000,000 $1,000,000 Contract Liability $1,000,000 $2,000,000 $1,000,000 Umbrella Liability $1,000,000 $1,000,000 $1,000,000 a. The general liability policy shall contain the following special endorsements which shall be noted on or attached to the standard certificate of insurance: l . An endorsement naming the City of Vernon, its officers, and employees as additional insureds under the policy. 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material reduction of coverage. 3. An endorsement providing coverage for all operations under this Contract. 4. Such other endorsement as may be required by addendum hereto. b. In addition to the standard certificate of insurance, proof of general and umbrella liability coverage shall be furnished in the form checked below. Only certification of the following proofs will be accepted: X For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and statements in the standard certificate of insurance (attached thereto) are true and correct and that the signator is an officer authorized to so certify. _ A copy of each policy certified by an officer of the underwriter or carrier and notarized. EXHIBIT "B AMENDMENT # 1 EQUIPMENT PURCHASE CONTRACT The City of Vernon (hereinafter referred to as the "City') and Shepherd Machinery Co. (hereinafter referred to as "Shepherd") agree to modify the Equipment Purchase Contract in the following respect. 13. General Provisions. C. Indemnification. Delete "sole" in line 15. Except as expressly modified herein, all other terms, provisions, conditions, and exhibits remain the same. IN WITNESS WHEREOF, the parties have caused this Amendment #1 to Equipment Purchase Contract to be executed by and through their authorized officers on the date, month and year first written in the Equipment Purchase Contract. ATTEST• BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: �;, EDUARDO OLIVO, City Attorney CITY OF VERNON r By: L NIS C. MALB Mayor SHEPHERD MACHINERY CO., A LIMITED PARTNERSHIP By: Title: President of the General Partner 12/`03/02 15:29 FAX 0003 AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF VERNON ) I, ew 1' of Vernon do here N y certify t at I did, October 2002, post three (3) copies of: of the City on the 24th of Notice Inviting Sealed Proposals (Bids) for Bid #1420 (1) Caterpillar - Backhoe for the Community Services Department One in each of the following places, to wit: on the bulletin board in the lobby of the City Hall of the City of Vernon located at 4305 Santa Fe Avenue; at the northwest corner of 38th Street and Santa Fe Avenue;. the northeast corner of Leonis Blvd. and Pacific Blvd., all in said City, there being no newspaper of general circulation printed and Published in the City of Vernon. Date:-oz- Andrew Thompson State of Californiass ) Count of An ) y Los geles ) ) On 6L, [ / / 2ZDbefore me, ue t=f !l7�ln Personally appeared GQ/'(�,v Personally known to me to be the person(fir whose name(. ) is/a-3!'e subscribed to the within instrument and acknowledged to me that he/she they executed the same in his/h�r,__+�e authorized. capacity, and that b L on the instrument the erson �' his/��y�r�'i.r signature (-e-) of which the erson p ("�� or the entity upon behalf P (e acted, executed the instrument. WITNESS my hand and official seal