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Resolution No. 94861 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. 9486 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSAL FOR A CATERPILLAR 420E LOADER FOR THE DEPARTMENT OF COMMUNITY SERVICES & WATER WHEREAS, the City of Vernon is interested in obtaining proposals from certified vendors for the purchase of a Caterpillar 420E Loader, which will be used at construction sites for digging, trenching, backfilling, or handling material; and WHEREAS, the Director of Community Services & Water has requested the issuance of a Request for Proposal for a Caterpillar 420E Loader (the "RFP") pursuant to Section 2.29-2 of the Vernon City Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby directs the Director of Community Services & Water, or his designee, to issue the RFP, a copy of which is attached hereto and incorporated by reference as Exhibit_,A, to one or more certified vendors, and to report to the City Council on the proposals received with a recommendation for action. 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 3: 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 3rd day of December, 2007. ATTE T: MANUELA GIRON, Ci�y Clerk Name: Leonis C. Malburg Title: Mayor / - 2 - 1 STATE OF CALIFORNIA ) ss 2 COUNTY OF LOS ANGELES ) 3 4 I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby 5 certify that the foregoing Resolution, being Resolution No. 9486, was 6 duly adopted by the City Council of the City of Vernon at a regular 7 meeting of the City Council duly held on Monday, December 3, 2007, and 8 thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of 9 Vernon. 10 11 12 MANUELA GIRON, City Clerk 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 - JA IM, 614, All i Y' I' ! y 1 1 is •h COMMUNITY SERVICES & WATER DEPARTMENT Samuel Kevin Wilson, Director of Community Services & Water 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Fax (323) 826-1435 November 2007 REQUEST FOR PROPOSAL CITY OF VERNON TECHNICAL SPECIFICATIONS FOR A CATERPILLAR 420E LOADER INTENT It is the intent of this Request for Proposal (RFP) is to seek bids for the purchase of a Caterpillar 420E Backhoe Loader (Unit) suitable for the service demands of the City of Vernon Department of Community Services and Water. The City of Vernon has evaluated different types of Backhoes and determined that this product is best suited for the Department's needs in terms of quality, performance, and standardization. All installations shall be made in a neat and workman -like manner and all equipment furnished shall be of a standard manufacture. All work and material furnished shall be subject to the approval of the Director of Community Services and Water. The body, finish and fittings shall be the latest model, shall not have been used in demonstrator or other service and shall be factory standard in all respects not in conflict with the following specific requirements. Manufacturer's standard equipment and all devices necessary to comply with the State of California Vehicle Code, the California Administrative Code and the Federal Motor Vehicle Safety Standards shall be included. Vehicle must comply with all California Motor Vehicle Pollution Control Board Requirements. All vehicle(s) will be serviced, cleaned and ready for immediate operation when delivered. F,iCclusivefy Industrial SERVICES CONTRACT A sample of the City's Standard Agreement and Insurance Requirements the successful Proposer will be required to enter into with the City is attached hereto as Appendix "A". Proposers are strongly advised to review all the terms and conditions of the sample contract. If the Proposer takes exception to any provision of the attached sample contract, the Proposer must specify each exception and give a detailed statement of why he takes exception to each certain provision stated in the sample contract. The extent to which the Proposer takes exception to the City's contract will be considered and evaluated in the contract award. Submission of the proposing firm's standard contract, as a part of the proposal will not be accepted. EQUIVALENT PRODUCT Bids will be accepted for consideration on any make or model that is equal or superior to the Loader 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 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 "non -responsive" and rejected without further review. The Proposer must be prepared to demonstrate a unit similar to the one proposed, if requested. INTERPRETATIONS In order to be fair to all Proposers, no oral interpretations will be given to any Proposer 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. 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 make a reasonable determination of compliance to the specification. It shall be the Proposers 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 "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. BID SPECIFICATIONS CATERPILLAR 420E Backhoe Loader STANDARD MACHINE BACKHOE 14'4" Center pivot excavator style backhoe Pilot operated joystick hydraulic controls with pattern changer valve Pilot operated stabilizer controls Boom transport lock Swing transport lock Grouser type stabilizer shoes Anti -drift hydraulics (Boom, Stick and E-Stick) Cat Cushion Swing(tm) system ELECTRICAL 12 volt electrical start 120 ampere alternator Horn Backup alarm Hazard flashers/turn signals Halogen head lights (4) Halogen rear flood lights (4) Stop and tail lights Audible system fault alarm Key start/stop system with auxiliary position 880 CCA maintenance free battery External/internal power receptacles(12v) LOADER Bucket level indicator Lift cylinder brace Return -to -dig (automatic bucket positioner) Self -leveling loader with single lever control Transmission neutralizer switch Single Tilt Loader OPERATOR ENVIRONMENT Lighted gauge group Interior rearview mirror Rear fenders ROPS canopy 2-inch retractable seat belt Tilt steering column Service harness POWERTRAIN Cat 3054C 89HP Direct Injection Turbo charged engine, Tier II Emissions compliant Water separator with service indicator light Thermal starting aid system A dry -type axial seal air cleaner with integral precleaner, automatic dust ejection system, and filter condition indicator Hydraulically applied multi -plate wet disk brake with dual pedals and interlock Differential lock Drive -line parking brake Torque converter Transmission --four speed synchro mesh with power shuttle and neutral safety switch Spin -on fuel, engine oil, and transmission oil filters Outboard planetary rear axles OTHER STANDARD EQUIPMENT Hydrostatic power steering Tool box Transport tie -down points Ground line fill fuel tank with 38 gallon capacity Rubber impact strips on radiator guards Bumper CD-ROM Parts Manual Backhoe Safety Manual Operations and Maintenance Manual Lockable hood Valve stem protection HYDRAULICS Load sensing, variable flow system with 43 gpm axial piston pump 5 micron spin -on hydraulic filter O-ring face seal hydraulic fittings Steering knob Hand and foot throttle Floor mat Coat hook Two lockable storage areas Drink holders Lunch box holder Air suspension seat MACHINE SPECIFICATIONS Description 420E BACKHOE LOADER, 2WD E-STICK ROPS, CANOPY, PLUS with Windsheild HYDRAULICS, BH, 5 FUNCTION BUCKET, 1.3 CYD, MP HYDRAULICS,LOADER,MULTI PURP. SEAT BELT, 3" SUSPENSION POWERTRAIN,89 HP,2WD,STD SHIFT COOLER, HIGH AMBIENT COUNTERWEIGHT, 1075 LBS STABILIZER PADS, FLIP -OVER TIRES, 2WD BIAS, FIRESTONE BUCKET, 18" 4.9 CFT HD PL BATTERY, HEAVY DUTY COUPLER, PIN LOCK (interchangeable with current) RIDE CONTROL PLATE GROUP - BOOM WEAR W/SADDLE LOCK, VANDALISM PARTS BOOK, PAPER BEACON, MAG. MOUNT SERVICE MANUAL WARRANTY • Standard new vehicle warranty. CONTRACT Caterpillar XT-3 hose Hydraulic oil cooler Pilot control shutoff switch Flow -sharing hydraulic valves ANTIFREEZE Long Life Coolant -30C (-20F) • The vendor shall be required to execute a vehicle purchase agreement in substantially the same form as the draft contract attached hereto. 4 DELIVERY Acceptance shall be subject to the inspection and approval of the City of Vernon. Price: Tax: Total Cost: Submitted by: Address: Signature: Note: Proposals must be received in a sealed envelope and returned to the City of Vernon Department of Community Services no later than 2:00 p.m. December 13, 2007. 1 VEHICLE PURCHASE CONTRACT 2 3 THIS CONTRACT is made, entered into and executed in duplicate originals, either copy of 4 which may be considered and used as the original hereof for all purposes, as of this _ day of 5 , 20, in the City of Vernon, County of Los Angeles, California 6 BY AND BETWEEN THE CITY OF VERNON (hereinafter 7 referred to as the "City") 4305 Santa Fe Avenue 8 Vernon, CA 90058 9 AND CONTRACTOR. 10 (hereinafter referred to as " ") 11 12 WHEREAS, the City is in need of a Vehicle for its 13 Department; and 14 WHEREAS, on , 20_, the City issued Bid No. which sets forth 15 specifications for the vehicle required by the City; and 16 WHEREAS, on , 20 , CONTRACTOR responded to Bid No. ; and 17 WHEREAS, the City has accepted the bid of CONTRACTOR which is attached hereto as 18 Exhibit "A" and incorporated herein by reference and desires to purchase the from 19 CONTRACTOR. 20 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET 21 FORTH HEREIN: 22 1. Purchase. CONTRACTOR agrees to sell to the City a 23 Vehicle, which meets the specifications contained in City of Vernon Bid No. , dated , 24 20_, and which is consistent with CONTRACTOR's Bid of (collectively, the "Bid 25 Documents"), which is attached hereto as Exhibit "A." 26 2. Price. Consistent with its Bid, CONTRACTOR agrees to sell and deliver, 27 subject to final inspection by the City, Vehicle for the total sum of 28 Dollars and Cents ($ ), including tax 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 and final inspection. 3. Payment Terms. The City agrees to pay CONTRACTOR a total of Dollars and Cents ($ ), including tax, for the purchase of the vehicle. (further terms). 4. Warranties. CONTRACTOR shall provide, at a minimum, a three (3) year factory bumper -to -bumper warranty covering parts and labor to begin upon acceptance of the by the City. All manufacturers' warranties, and any other warranties made applicable by law, shall apply to the City's purchase of the above -referenced Vehicle. 5. General Provisions. A. Governing Law. The laws of the State of California shall govern the rights, obligations, duties and liability of the parties to this Contract and shall also govern the interpretation of this Contract. B. Notices. Notices to the parties, unless otherwise requested in writing, shall be sent to: City: THE CITY OF VERNON ATTN: DOLORES JAUNZEMIS, PURCHASING 4305 SANTA FE AVENUE VERNON, CA 90058-0805 CONTRACTOR: ATTN: 6. Entire Agreement. This Contract is the entire agreement of the parties, CONTRACTOR represents that, in entering into this Contract, it has not relied on any previous representations or understandings of any kind or nature. 7. Benefit of Agreement. This Contract shall bind and benefit the parties hereto and their heirs, successors, and permitted assigns. 8. Forum. Any dispute related to this Contract shall be adjudicated in a state court serving the County of Los Angeles, California. 9. Arbitration. The parties agree that any and all disputes arising out of or in -2- I relation to this Contract, including without limitation any action in tort, shall be resolved exclusively, 2 finally and conclusively by arbitration in Los Angeles County, California under the auspices of and 3 pursuant to the rules of the Judicial Arbitration & Mediation Services Inc. (JAMS). Each party will 4 select an arbitrator. Those two arbitrators will then select a third. The three -member panel will make 5 the final decision. All decisions of the arbitrators shall be in writing, and the arbitrators shall provide 6 written reasons for their decision. The arbitration decision shall be final and binding on the parties. 7 Notwithstanding the foregoing, the parties shall be permitted to access the court system to enforce any 8 arbitration award or to obtain injunctive relief. The exclusive jurisdiction and venue for any such action 9 shall be the Superior Court of California, Los Angeles County. Any and all contracts between 10 Contractor and any subcontractor relating to this Agreement shall include the same arbitration clause. 11 IN WITNESS WHEREOF, the parties have caused this Contract to be executed by and 12 through their authorized officers on the date, month and year first written above. 13 14 CITY OF VERNON 15 By: 16 LEONIS C. MALBURG, Mayor 17 ATTEST: 18 MANUELA GIRON, City Clerk 19 20 APPROVED AS TO FORM: 21 22 JEFF A. HARRISON, City Attorney 23 CONTRACTOR 24 By: 25 Title: 26 27 By: 28 Title: -3- INSURANCE SCHEDULE (CONTRACTOR) Contractor shall provide proof of insurance, including but not limited to, a standard original 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 $1,000,000 per employer II. 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 Contractual Liability $1,000,000 $2,000,000 $1,000,000 Umbrella Liability $2,000,000 $2,000,000 $2,000,000 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 original 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 Agreement and specifying the activities covered. 4. Such other endorsement as may be required by City. 5. A copy of your general and umbrella insurance policy declarations page. 6. A copy of schedule of forms of endorsement. b. In addition to the above, the Contractor shall provide such further proof of insurance documentation as the City deems necessary. CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: December 18, 2007 TO: Kevin Wilson, Director of Community Services & Water FROM: Nelly Gijon, City Clerk RE: Resolution No. 9486 - A Resolution of the City Council of the City of Vernon Authorizing the Issuance of a Request For Proposal For a Caterpillar 420E Loader For the Department of Community Services & Water Transmitted herewith is a copy of Resolution No. 9486 referenced above, which was approved by City Council on December 3, 2007. Thank you. 1Mrs0 c: Dolores Jaunzemis Resolution No. 9486 CLX �{