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HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-071TR 12050 Page 1 June 24, 2011 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R- 2011 - I// A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE ACQUISITION OF AN E-ONE 78 FOOT PUMPER/AERIAL APPARATUS FROM HALL -MARK FIRE APPARATUS, INC., BASED ON THE REQUEST FOR PROPOSAL PROCESS (RFP) 11-17R, THROUGH THE USE OF A FINANCIAL LEASE, AT A TOTAL COST NOT TO EXCEED $607,667; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Tamarac Fire Rescue provides fire rescue services including fire suppression, response to vehicle and industrial accidents and emergency medical services to the residents, businesses and visitors in the City; and WHEREAS, the City of Tamarac desires to maintain the highest possible level of emergency services and fire suppression capability; and WHEREAS, the acquisition of a new E-One 78 foot Pumper/Aerial Apparatus will greatly assist the Tamarac Fire Rescue Department in maintaining apparatus reliability, aid response time and meet the necessary protection for our citizens, businesses and visitors; and WHEREAS, the City of Tamarac advertised and issued a Request For Proposal (RFP) 11-17R on April 1, 2011 with a closing date of May 11, 2011 at 2:00 P.M., a copy of which is attached hereto as Exhibit "'I"; and WHEREAS, the City received two (2) proposals: one from Hallmark Fire Apparatus, Inc. and another from Pierce, Inc.; and TR 12050 Page 2 June 24, 2011 WHEREAS, on June 1, 2011 an Evaluation Committee for RFP 11-17R convened, scored and ranked all proposals based on the weighted criteria and made a final summary recommendation, attached hereto as Exhibit "2"; and WHEREAS, the highest ranking apparatus was an E-One 75 foot Pumper/Aerial Apparatus bid at $599,688 with a score of 564, and the second ranking apparatus was an E-One 78 foot Pumper/Aerial Apparatus bid at $607,677 with a score of 562.38. WHEREAS, due to only a negligible difference in scores between the first and second ranking apparatus, the Evaluation Committee recommended the second ranking apparatus from Hall -Mark Fire Apparatus, Inc., as being the best option for the City, considering the ability to better serve our customers with apparatus that would provide more reach for fire suppression and rescue, and enhance the City's investment; and WHEREAS, Hall -Mark Fire Apparatus, Inc., the local Emergency One distributor, has given the City of Tamarac a proposal in an amount not to exceed $607,667, based on RFP 11-17R; and WHEREAS, the E-One 78 foot Pumper/Aerial Apparatus specifications outlined in the attached Evaluation Summary (Exhibit "2") are designed to meet the needs of the City; and WHEREAS, the Fire Chief and the Director of Financial Services find it to be in the best interest of the City to acquire this Apparatus through a financial lease arrangement; and WHEREAS, the Fire Chief and the Purchasing and Contracts Manager recommend acquisition of the Emergency One Fire Apparatus through Hall -Mark Fire Apparatus, Inc. in the amount not to exceed $607,667; and WHEREAS, the City Commission of the City of Tamarac deems it to be in the best interest of the citizens and residents of the City of Tamarac to acquire the Pumper/Aerial TR 12050 Page 3 June 24, 2011 Apparatus from Hall -Mark Fire Apparatus, Inc. in an amount not to exceed $607,667 through the use of a financial lease. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Section 1�: The fo[egoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are HEREBY made a specific part of this Resolution. All Exhibits attached hereto are incorporated herein and made a specific part hereof. Section 2: The appropriate City Officials are HEREBY authorized to approve the acquisition of an E-One 78 foot Pumper/Aerial Apparatus from Hall -Mark Fire Apparatus, Inc., based on the Request For Proposal process (RFP) 11-17R, through the use of a financial lease arrangement, with subsequent Agreements if necessary, pending legal review and approval between the City of Tamarac and Hall -Mark Fire Apparatus, Inc. in an amount not to exceed $607,667. Section 3: All Resolutions or parts of Resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. Section 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it shall not affect the validity of the remaining portions or applications of this Resolution. TR 12050 Page 4 June 24, 2011 Section 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of 2011. LtL PAMELA BUSHNELL MAYOR ATTEST: PETER M. J. RI A DSON, CRA4, CMC CITY CLERK `������ � ,\` OF TAMgR ,,�, RECORD OF COMMISSION VOTE: MAYOR BUSHNELL: EgTAB1.ISHED o = DIST 1: COMM. SWENS N , ;1 7- A 1963 : ,z ; DIST 2: V/M GOMEZ .,� 'O' SEAL :'ODIST 3: COMM. GWSSEA DIST 4: COMM. DRESSLE cou I HEREBY CERTIFY than'"""`�� I have approved this RESOLUTION as to form. ,, SA L S. GOREN '� CITY ATTORNEY 1 PURCHASING AND CONTRACTS DIVISION Date: April 1, 2011 REQUEST FOR PROPOSALS RFP 11-17R ALL QUALIFIED PROPOSERS: f:7��►[��ifiQit]:� Sealed Proposals, addressed to the Purchasing and Contracts Manager of the City, of Tamarac, Broward County, Florida, will be received in the Purchasing Office, 7525 NW 88th Avenue, Tamarac, Florida 33321-2401 until 2:00 PM local time, 04/26/2011 for: AERIAL FIRE APPARATUS The City is sot%iting proposals for the purchase of a new Aerial Ladder Fire Apparatus Unit. Sealed Prop✓✓osals must be received and time stamped in the Purchasing Office, either by mail or hand delivery, on or before the date and time referenced above. Any Proposals received after 2:00 p.m. on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the Proposer. Official time will be measured by the time stamp in the Purchasing Office. City reserves the right to reject any or all Proposals, to waive any informalities or irregularities in any Proposals received, to re -advertise for Proposals, to award in whole or in part to one or more Proposers, or take any other such actions that may be deemed to be in the best interests of the City. Proposal documents may be obtained from the Purchasing Office or via the Internet at http://www.tamarac.o[g. For inquiries, contact the Purchasing Office at (954) 597-3570. Keith K. Glatz, CPPO Purchasing and Contracts Manager Publish Sun -Sentinel: April 5, 2011 and April 12, 2011 7525 N.W. 88th Avenue I Tarr, Fbrida 33321-24011 P 954,597.35701 F: 954.597,3565 OYER REQUEST FOR PROPOSALS :»ifiQiIFIV AERIAL FIRE APPARATUS Definition: A Request for Proposal (RFP) is a method of procurement permitting discussions with responsible Proposers and revisions to proposals prior to award of a contract. Proposals will be opened in private. Award will be based on the criteria set forth herein. I. INTRODUCTION The City is soliciting proposals for the purchase of a new Aerial Fire Apparatus. II. INFORMATION For information pertaining to this Request for Proposals (RFP), contact Keith Glatz, Purchasing & Contracts Manager, at (954) 597-3570 The Project Manager will be Battalion Chief Steve Stillwell at (954) 597-3817. Contact with Battalion Chief Stillwell shall be for technical clarification purposes only, and shall be routed through the Purchasing & Contracts Manager. Material changes, if any, to the scope of the proposal will be transmitted only by written addendum. It is preferred that all questions be submitted in writing, either via fax or email. Fax questions to (954) 597-3565 or email to keithg(a7tamarac.org . III. SCHEDULE OF EVENTS The schedule of events related to this Request for Proposals shall be as follows: RFP Document issued April 1, 2011 Deadline for Written Questions April 13, 2011 Deadline for Receipt of Proposals April 26, 2011 Evaluation of Proposals April 27, 2011—April 30, 2011 Presentations by Short-listed Proposers (if applicable) May 3, 2011 Final Ranking of Firms May 4, 2011 Anticipated Award by Commission May 25, 2011 All dates are tentative. City reserves the right to change scheduled dates. IV. INSTRUCTIONS TO PROPOSERS STANDARD TERMS AND CONDITIONS RFP 11-17R Our Vision and Mission Our Vision: The City of Tamarac, our community of choice -- leading the nation in quality of life through safe neighborhoods, a vibrant economy, exceptional customer service and recognized excellence. Our Mission: We Are "Committed to Excellence... Always" It is our job to foster and create an environment that Responds to the Customer Creates and Innovates Works as a Team Achieves Results, and Makes a Difference In the fulfillment of our vision and mission, as stewards of the public trust, we value vision, integrity, efficiency and quality service. Our vendors are truly partners in meeting these commitments to the community, and in support of that vision and mission, we are committed to ensuring that qualified, competitive vendors who share our commitment to quality, efficiency, teamwork and customer service are employed to provide goods and services to the City. Our vendors are expected to deliver high quality products and efficient service that is provided on time and as ordered, in a manner that improves the overall value of the services that the City provides to its residents. In addition, we expect our vendors to work with the City as a team, and exhibit the highest level of integrity when dealing with any office or department of the City. Diligence in the execution of the requirements of this proposal will ultimately contribute to the overall quality of services provided to the entire community. The City is searching for a firm who will exemplify these ideals in the execution of their work, and the successful firm will be measured against the performance standards outlined in this bid invitation. GENERAL TERMS AND CONDITIONS These General Terms and Conditions apply to all offers made to the City of Tamarac by all prospective Proposers, including but not limited to, Requests for Quotes, Requests for Proposal and Requests for Bid. As such the words "bid", "proposal" and "offer' are used interchangeably in reference to all offers submitted by prospective Proposers. The City of Tamarac reserves the right to reject any or all proposals, to waive any informalities or irregularities in any proposals received, to re -advertise for t,J r.0).P &, proposals, to enter into contract negotiations with the selected Proposer or take any other actions that may be deemed to be in the best interest of the City of Tamarac. Any and all special conditions in this RFP or any sample agreement document that may be in variance or conflict with these General Terms and Conditions shall have precedence over these General Terms and Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the General Terms and Conditions shall prevail in their entirety. 2. DEFINED TERMS Terms used in these Instructions to Proposers are defined as follows: 2.1 "Proposer" — one who submits a Proposal in response to a solicitation. The terms "Offeror" and "Proposer" may be used interchangeably and have the same meaning. 2.2 "Successful Proposer' - the qualified, responsible and responsive Proposer to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2.3 "City" - the City of Tamarac, a municipal corporation of the State of Florida. 2.4 "Proposal Documents" - the Request for Proposals, Instructions to Proposers, Proposer's Qualifications Statement, Non -Collusive Affidavit, Certified Resolution, Vendor Drug -Free Workplace, Proposer's Proposal, Proposal Security and Specifications, if any, and the proposed Contract Documents (including all Addenda issued prior to opening of Proposals). 2.5 "Contractor'- the individual(s) or firm(s) to whom the award is made and who executes the Contract Documents. 3. SPECIAL CONDITIONS Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Scope of Work outlined in this proposal, the Special Conditions and/or the Scope of Work shall prevail. 4. OMISSION OF DETAILS / VARIANCES AND EXCEPTIONS -- QUESTIONNAIRE 4.1 The apparent silence of the requirements as to any detail, or the apparent omission of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail, and that only material and workmanship of the finest quality is to be used. All interpretations of the specifications shall be made on the basis of this statement. Omission of any essential details from these specifications will not relieve the Proposer of supplying such services or product(s) as specified. 4.2 The technical specification includes a questionnaire regarding each technical point for the equipment to be provided. The questionnaire includes a check- list area for the Proposer to affirm compliance with the technical specifications or to enumerate any deviations from the specification. For the purpose of evaluation, the Proposer must affirm specification compliance and indicate any variance or exceptions to the stated requirements in the areas ...i t ;<?...... . ,7td f.3tif :7�<::If;, �7`vi p e g provided in the questionnaire, no matter how slight. Deviations should be explained in detail in the comment areas provided on the questionnaire. Failure to include this information may result in rejection of Proposer's proposal. 5. INTERPRETATIONS AND ADDENDA 6. If the Proposer believes that the General Conditions, Special Conditions and/or Specifications contain errors, contradictions or obvious omissions, the Proposer should submit a written request to the Purchasing Office for interpretation or clarification. Such request must reference RFP name and number, and should be received by the Purchasing Office at least ten (10) calendar days prior to the Proposal opening date, or prior to any deadline specified in the "Schedule of Events" as may be provided herein. Questions received less than ten (10) calendar days prior to the Proposal opening, or the deadline specified by the "Schedule of Events" herein, whichever is sooner, may not be answered. Interpretations or clarifications in response to such questions will be issued in the form of a written addendum transmitted via either fax or email to all parties recorded by the Purchasing Office as having received the Proposal Documents. The issuance of a written addendum shall be the only official method whereby such an interpretation or clarification will be made. Proposer may contact the Purchasing and Contracts Manager by telephone regarding any questions related to clarification of information contained within this RFP. The Purchasing and Contracts Manager may then authorize the Proposer to contact the designated project contact, as may be appropriate to the individual situation. 7. COSTS AND COMPENSATION 7.1. Costs and compensation shall be shown in both unit prices and extensions whenever applicable, and expressed in U.S. Dollars. In the event of discrepancies existing between unit prices and extensions or totals, the unit prices shall govern. 7.2. All costs and compensation shall remain firm and fixed for acceptance for 60 calendar days after the day of the Proposal opening. 7.3. The price proposal shall include all royalties, license fees, warranties, costs related to compliance with any industry standard(s) specified herein, operating and repair manuals to be provided, as well as all costs for transportation or delivery as applicable within the scope of the solicitation. 8. PRICES, PAYMENTS, DISCOUNTS & ELECTRONIC PAYMENTS 7.1 Firm Pricing: Prices shall be fixed and firm to the extent required under Special Conditions. In the absence of a reference in the Special Conditions, prices shall be fixed and firm for a period of sixty (60) calendar days. Payment will be made only after receipt and acceptance of the apparatus unit. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. 7.2 Financial Leasing: It is anticipated that the City will acquire the equipment required herein through a multiple year financial lease. 7.3 Payments by Electronic_ Funds Transfer: The successful Proposer will be required to be capable of receiving payments by direct deposit via electronic funds transfer instead of by paper check. Vendors are strongly encouraged to pre -register to receive all payments by direct deposit. Access the City of Tamarac web -site at http://www,tamarac.oLg/city-departments/financial- services/purchasing/register-for-direct-deposit-payment.aspx for more information. 9. NON -COLLUSIVE AFFIDAVIT Each Proposer shall complete the Non -Collusive Affidavit form and shall submit the form with their Proposal. City considers the failure of the Proposer to submit this document may be cause for rejection of the Proposal. 10. PUBLIC ENTITY CRIMES In accordance with Florida Statutes §287.133 (2)(a): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or Contractor under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes §287.017 for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 11. CONFLICT OF INTEREST The award of any contract hereunder is subject to the provisions of Chapter 112, Florida Statutes. Proposer must disclose with their Proposal the name of any officer, director, partner, proprietor, associate or agent who is also an officer or employee of City or any of its agencies. Further, all Proposers must disclose the name of any officer or employee of City who owns, directly or indirectly, an interest of five percent (5%) or more in the Proposer's firm or any of its branches or affiliate companies. 12. BONDS AND INSURANCE Upon award of a contract, the Successful Proposer, as required within the scope of the solicitation, may be required to submit performance bonds, payment bonds or warranty bonds as may be applicable. Proposer shall provide certificates of insurance in the manner, form and amount(s) specified. 12. SUMMARY OF DOCUMENTS TO BE SUBMITTED WITH PROPOSALS The following is a summary of documents required to be submitted for this proposal. Failure to include a technical proposal, cost proposal, bid surety (if required below), or any other document that, by its omission, may prejudice the rights of other respondents, may result in immediate rejection of your proposal. Other forms or documents which, by their nature do not impact price or the Proposer's cost of doing business should accompany the Proposal; but must be provided within three (3) business days of the City's request to be considered responsive. 12.1 Response to Detailed Requirements Questionnaire (See Section V. J herein). 12.2 Proposal Form, including responses to the "Additional Proposal Information" section 12.3 Production Schedule including milestone dates for pre -inspection, mid - production inspection and final inspection. 12.4 Evidence of compliance with NFPA 1901 "Standard for Automotive Fire Apparatus" in its latest edition. 12.5 Detailed information on the proposer's ability to perform routine and emergency service on the apparatus after delivery. Detailed information shall be provided on service facilities, personnel, service vehicles, and the type and nature of repair work the proposer is able to provide. Proposer shall state the number of miles from the Purchaser's facility to the nearest fully staffed repair facility operated by the proposer. 12.6 Proof that the manufacturer operates a Quality Management System meeting the requirements of ISO 9001:2000. 12.7 Certification Forms 12.8 Certified Resolution Form (or firm's own Corporate Resolution) 12.9 Proposer's Qualifications Statement Form & References 12.10 Vendor Drug Free Workplace Form 12.11 Non -Collusive Affidavit Form 12.12 Proof of applicable insurance. 12.13 Listing of any and all Subcontractors to be utilized. 12.14 The City reserves the right to request the most recently completed audited financial statement, or other approved documentation to verify financial viability. Any request for this information will be provided to Proposer in writing after the closing date of the proposal. 13. SUBMISSION OF PROPOSALS 13.1 Proposals must be typed or printed in ink. All corrections to prices made by the Proposer should be initialed. 13.2 All proposals shall be submitted in the English language, and pricing expressed in U.S. Dollars. 13.3 Proposals must contain a manual signature of a corporate officer or designee with the proven authority to bind the firm in matters of this nature. The address and telephone number for any communications regarding the Proposal must be included. 13.4 Proposals shall contain an acknowledgment of receipt of all addenda. 13.5 Proposals by corporations must be executed in the corporation's legal name by the President or other corporate officer, accompanied by evidence of authority to sign. Evidence of authority shall be provided on the enclosed Certified Resolution form, or by the company's own Corporate Resolution. 13.6 Proposals by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature. 13.7 Proposals shall be submitted to the Purchasing and Contracts Division Office on or before the time indicated in the Request for Proposals. Proposals shall be submitted in a sealed envelope (faxed proposals will not be accepted under any circumstances). The envelope should be clearly marked on the exterior with the applicable solicitation name and number. The envelope should state the name and address of the Proposer and should be include all documents as specified in the Request for Proposals. Purchasing and Contracts Division staff is not responsible for the premature opening of a Proposal that is not properly addressed and identified. 13.8 In accordance with Florida Statutes, Chapter §119.07(1)(a) and except as may be provided by other applicable state and federal law, the Request for Proposals and the responses thereto are in the public domain. However, Proposers are requested to specifically identify in the submitted Proposal any financial information considered confidential and/or proprietary which may be considered exempt under Florida Statute §119.07(t). 13.9 All Proposals received from Proposers in response to the Request for Proposals will become the property of the City and will not be returned. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of the City. 13.10 The Proposer preparing a submittal in response to this RFP shall bear all expenses associated with its preparation. The Proposer shall prepare a submittal with the understanding that no claim for reimbursement shall be submitted to the City for the expense of proposal preparation and/or presentation. 14. MODIFICATION AND WITHDRAWAL OF PROPOSALS .. %aittf.11:s:i'tf' iyttf= :,f3tl ;;if`t,;i Division ..... ............. ............. ......... ......... ......... ......... ......... ... .... ..... 14.1 Proposals may be modified or withdrawn by a duly executed document signed by a corporate officer or other employee with designated signature authority. Evidence of such authority must accompany the request for withdrawal or modification. The request must be delivered to the Purchasing Office at any time prior to the deadline for submitting Proposals. Withdrawal of a Proposal will not prejudice the rights of an Proposer to submit a new Proposal prior to the Proposal opening date and time. No Proposal may be withdrawn or modified after the date of proposal opening has passed. 14.2 If, within twenty-four (24) hours after Proposals are opened, any Proposer files a duly signed, written notice with the Purchasing Office, and within five (5) calendar days thereafter demonstrates to the reasonable satisfaction of City, by clear and convincing evidence, that there was a material and substantial mistake in the preparation of its Proposal, or that the mistake is clearly evident on the face of the Proposal, but the intended correct Proposal is not similarly evident, Proposer may withdraw its Proposal and any bid security will be returned. Thereafter, the Proposer will be disqualified from further bidding on the subject Contract. 15. REJECTION OF PROPOSALS 15.1 To the extent permitted by applicable state and federal laws and regulations, City reserves the right to reject any and all Proposals, to waive any and all informalities not involving price, time or changes in the work with the Successful Proposer, and to disregard all nonconforming, non -responsive, unbalanced or conditional Proposals. Proposals will be considered irregular and may be rejected if they show serious omissions, alterations in form, additions not called for, conditions or unauthorized alterations, or irregularities of any kind. 15.2 City reserves the right to reject the Proposal of any Proposer if City believes that it would not be in its best interest of to make an award to that Proposer, whether because the Proposal is not responsive, the Proposer is unqualified, of doubtful financial ability, or fails to meet any other pertinent criteria established by City within the scope of the solicitation. 16. QUALIFICATIONS OF PROPOSERS 16.1 Each Proposer shall complete the Proposer's Qualifications Statement and submit the form with the Proposal. Failure to submit the Proposer's Qualifications Statement and the documents required thereunder may constitute grounds for rejection of the Proposal. 16.2 As a part of the evaluation process, the City may conduct a background investigation including a criminal record check of Proposer's officers and/or employees, by the Broward County Sheriffs Office. Proposer's submission of a proposal constitutes acknowledgement of and consent to such investigation. The City shall be the sole judge in determining Proposer's qualifications. 16.3 No proposal shall be accepted from, nor will any contract be awarded to, any 17 person who is in arrears to City for any debt or contract, who is a defaulter, as surety or otherwise, of any obligation to City, or who is deemed irresponsible or unreliable by the City. The City will be the sole judge of said determination. 16A The City reserves the right to make a pre -award inspection of the Proposer's facilities and equipment prior to award of Contract. INSURANCE 17.1 Proposer agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to Proposer, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. 17.2 Proposer shall obtain at Proposer's expense all necessary insurance in such form and amount as required by this proposal or by the City's Risk Manager before beginning work under this Agreement. Proposer shall maintain such insurance in full force and effect during the life of this Agreement. Proposer shall provide to the City's Risk Manager current certificates of all insurance required under this section prior to beginning any work under this Agreement. 17.3 Proposer shall indemnify and save the City harmless from any damage resulting to it for failure of either Proposer or any Sub -Proposer to obtain or maintain such insurance. 17.4 The following are required types and minimum limits of insurance coverage, which the Proposer agrees to maintain during the term of this contract: Line of Business/ Coverage Occurrence Aggregate Commercial General Liability $1,000,000 $1,000,000 Including: Premises/Operations Contractual Liability Personal Injury Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $1,000,000 Workers' Compensation & Employer's Statutory Liability 17.5 The City reserves the right to require higher limits depending upon the scope of work under this Agreement. 17.6 Neither Proposer nor any Sub -Proposer shall commence work under this . contract until the have obtained all insurance as may be required under this Y Y q is section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Proposer will ensure that all Sub -Proposers will comply with the above guidelines and will maintain the necessary coverages throughout the term of this Agreement. 17.7 All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and shall be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days notice prior to cancellation. 17.8 The Proposer's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Proposer's Workers' Compensation carrier will provide a Waiver of Subrogation to the City. 17.9 The Proposer shall be responsible for the payment of all deductibles and self - insured retentions. The City may require that the proposer purchase a bond to cover the full amount of the deductible or self -insured retention. 17.10 If the Proposer is to provide professional services under this Agreement, the Proposer must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable only for Professional Liability. 17.11 The Successful Proposer agrees to perform the work under the Contract as an independent contractor, and not as a subcontractor, agent or employee of City. 18. INDEMNIFICATION 18.1 GENERAL INDEMNIFICATION: Contractor shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Contractor, any sub - Contractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the Work; or b). violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by Contractor in the performance of the Work; or c). liens, claims or actions made by the Contractor or any sub -Contractor under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the City to enforce this agreement shall be borne by the Contractor. 18.2 Upon completion and delivery of the equipment including all work, obligations and duties provided for in any final agreement resultant from this solicitation process, or in the event of termination of any such agreement for any reason, the terms and conditions of this Article shall survive indefinitely. 18.3 The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. 18.4 City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 19. INDEPENDENT CONTRACTOR An Agreement resulting from this solicitation does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under any potential agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. Any potential agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 20. DELIVERIES Any item requiring delivery by the Proposer or by sub -contractors shall be delivered F.O.B. destination to a specific City address. All delivery costs, including the costs of drivers or transport equipment, and all other charges must be included in the proposal price. If delivery of an item is required, the City reserves the right to cancel the delivery order(s) or any part thereof, without obligation if delivery is not made at the 7., time specified in the proposal. 21. RISK AND LIABILITY OF LOSS The contractor shall take all due care to ensure against damage or loss to equipment while the equipment unit is in the contractor's possession. Risk and liability for loss, damage, or accident, while the unit is in the care of the contractor, shall be the responsibility of the contractor, and all costs related to any such loss shall be borne by the contractor. Under no circumstances will the City be responsible for any costs incurred as a result of damage, accident or loss of the equipment while the equipment is in the possession of the contractor. Pk#lffilV:7;,1►III=1-1 22.1 Successful Proposer warrants to City that the consummation of the work provided for in the Contract documents will not result in the breach of any term or provision of, or constitute a default under any indenture, mortgage, contract, or agreement to which Successful Proposer is a party. 22.2 Successful Proposer warrants to City that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under the Contract. 22.3 Successful Proposer warrants to City that it will comply with all applicable federal, state and local laws, regulations and orders in carrying out its obligations under the Contract. 22.4 All warranties made by Successful Proposer together with service warranties and guarantees shall directly cover the City and the successors and assigns of City. 23. CONDITIONS OF MATERIAL All materials and products supplied by the Proposer in conjunction with this proposal, or used in the production of equipment required under this proposal shall be new, warranted for their merchantability, fit for a particular purpose, free from defects and consistent with industry standards. The equipment ordered shall be delivered to the City in excellent condition. In the event that any of the components or parts provided with the equipment are found to be defective or do not conform to the specifications, the City reserves the right to return the equipment to the Successful Proposer at no cost to the City; or the Successful Proposer shall otherwise be required to make arrangements for the replacement of such defective parts or components at no additional cost to the City Successful Proposer shall furnish all guarantees and warranties to the Purchasing and Contracts Division prior to final acceptance and payment. The warranty period shall commence upon final acceptance of the product. ,.......... ......... ......... .............. ....... ..:.......... .. .......... .......... ......... 24. COPYRIGHTS OR PATENT RIGHTS The Proposer warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of this bid. The seller agrees to hold the City harmless from all liability, loss or expense occasioned by any such violation. 25. SAFETY STANDARDS The Proposer warrants that the product(s) supplied to the City shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970 as amended, and shall be in compliance with Chapter 442, Florida Statutes as well as any industry standards, if applicable. Any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this order must be accompanied by a completed Material Safety Data Sheet (MSDS). 26. INSPECTION The City shall have the right to inspect any materials, components, equipment, supplies, services or completed work specified herein. Any of said items not complying with these specifications are subject to rejection at the option of the City. Any items rejected shall be removed from the premises of the City and/or replaced at the entire expense of the successful vendor. 27. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. Successful Proposer shall pay all applicable sales, consumer use and other similar taxes required by law. The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request. 29. PERFORMANCE ,...... '.{ {.3 t •:P11<�FFtt it3{ ' !, :f.:.}7{,`i7C:7i ..... Failure on the part of the Proposer to comply with the conditions, terms, specifications and requirements of the bid shall be just cause for cancellation of the proposal award. The City may, by written notice to the Proposal, terminate the contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. 30. TERMINATION FOR CAUSE AND DEFAULT In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Successful Proposer neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by of written notice of such neglect or failure. 31. FUNDING OUT This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 32. ASSIGNMENT 32.1 Successful Proposer shall not assign, transfer or subject the Contract or its rights, title, interests or obligations therein without City's prior written approval. 32.2 Violation of the terms of this paragraph shall constitute a breach of the Contract by Successful Proposer and City may, at its discretion, cancel the Contract. All rights, title, interest and obligations of Successful Proposer shall thereupon cease and terminate. 33. EMPLOYEES Employees of the Proposer shall at all times be under its sole direction. Proposer shall be responsible to the City for the acts and omissions of all employees working under its directions. 34. GOVERNING LAW: The laws of the State of Florida shall govern this Agreement. Venue shall be Broward County, Florida. 35. FORM AGREEMENT DOCUMENT The City may attach as a part of this solicitation, a Form Agreement document. Proposers shall be responsible for complying with all of the terms and conditions of the Form Agreement document if included herein, except where variant or conflicting language may be included in any Special Conditions contained herein. Proposers shall note any deviation or variance with the Form Agreement document at the time of bid submission. 36. OTHER GOVERNMENTAL ENTITIES If a Proposer is awarded a contract as a result of this RFP, Proposer may, if it has sufficient capacity to do so at its discretion, provide similar equipment to other governmental entities, provided that the equipment provided is identical to that provided to the City, at the same price as provided to the City. 37. UNBALANCED PROPOSAL PRICING When a unit price proposed has variable or estimated quantities, and the proposal shows evidence of unbalanced proposal pricing, such proposal may be rejected. 38. INFORMATION REQUESTS AFTER DUE DATE Following a recommendation for award, Proposers may download the evaluation results directly from the Internet at hftp://www.tamarac.org. Pursuant to Florida Statute Chapter 119, Section 7(m), sealed bids or proposals received by an agency pursuant to invitations to bid or requests for proposals are exempt from the provisions of subsection (1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of a decision or intended decision pursuant to F.S. § m.s7(3)(a), or within 10 days after bid/proposal opening, whichever is earlier. 39. LIQUIDATED DAMAGES In the event of a delay by the contractor in the delivery of the final unit, contractor shall be responsible to pay liquidated damages in the amount of $100 per day for each day that the equipment is not available to the City after the stated delivery milestone date. Such payment shall not be a penalty, but shall serve a reimbursement for the cost of lost productivity as a result of the late delivery. Liquidated damages will not be assessed in the event that the City and the contractor voluntarily agree to a contract extension. 40. LEASE FINANCING & PAYMENTS It is the intent of the City to utilize Lease Financing for the purchase of this apparatus unit. The proposer may propose their own lease financing program, or the City may utilize a third party lease financing vendor of its own choosing. Payments for the equipment will be made directly by the financing firm, and not by the City. Remainder of Page Intentionally Blank V. SPECIAL CONDITIONS --FIRE APPARATUSH VEHICULAR PROVISIONS The following Provisions shall apply to all purchases of Fire Apparatus made herein. A. All Fire Apparatus must be of the manufacturer's current models in production at the time of delivery. B. WARRANTY Manufacturer's standard warranty must be furnished with each new piece of fire apparatus. The Apparatus warranty shall be equal to or exceed that offered to the other market purchasers on similar regular production models. The manufacturer's warranty shall become effective on the day that the new apparatus unit is actually put into service by the City. Fire Apparatus shall be new (unused), current models, completely prepared by manufacturer for delivery in accordance with manufacturer's specifications. It shall be the responsibility of the contractor (firm to which contract is awarded by the City Commission) to furnish the warranty card imprinted with the name of the "City of Tamarac". It will be the further responsibility of the contractor to insure that the Fleet Supervisor is kept apprised of all information concerning warranty, service manuals, service bulletins, recall notices, and service schooling available. C. EQUIPMENT Unless stated to the contrary in the invitation for bid, all vehicles must be in compliance with the following criteria: 1. All equipment, components, and other parts provided as a part of this apparatus shall be compliant with the most current version of all appropriate standards of the National Fire Protection Association (NFPA). 2. Specifications: Unless specifically permitted in the body of the invitation for bid, all vehicles must be equipped with all of the manufacturer's equipment advertised as standard consumer equipment. The bidder shall detail in writing herein, any alterations, deletions or exceptions to this requirement. All standard equipment so required, and all optional equipment specified in the invitation for bid shall be as advertised by the manufacturer and shall not consist of substitute or after -market equipment. All vehicles must be compliant with all applicable federal motor vehicle safety standards and governmental emission requirements in effect at time of purchase. 3. Color: Interior and exterior color as stated in detailed item description. If no selection is stated herein, the City shall select from the manufacturer's standard colors. 4. Fuel: All vehicles delivered must include a minimum of one -quarter (1/4) tank of fuel as registered by the vehicle fuel gauge at time of delivery. 5. Anti -freeze: To be permanent type, protection to -20 deg. f. Radiator to be so noted in a semi -permanent manner (tagged). 6. Tires and Wheels: To be equipped with original equipment, tires of the size and load range required by the manufacturer for the model and/or gross vehicle weight rating (GVWR). D. REQUIREMENTS PRIOR TO DELIVERY Contractor must contact the Fleet Supervisor at (954) 597-3730 to make arrangements for delivery of vehicles. Preliminary arrangements are to be completed within ten (10) days after receipt of notice of award by contractor. 2. Contractor's pre -delivery services must be performed in accordance with the manufacturer's procedures and shall include thorough cleaning, vacuuming, and washing of vehicle(s). E. REQUIREMENTS AT TIME OF DELIVERY The contractor shall comply with the following requirements at time of delivery: 1. A Certificate of Origin, a standard service policy filled -out and signed by the authorized franchise dealer or manufacturer, and a contractor's invoice must be furnished at time of delivery. 2. Delivery shall be made during regular working hours, Monday through Friday, as arranged with the Fleet Supervisor, between the hours of 7:30 a.m., and 3:00 p.m. All vehicles shall be delivered to the City of Tamarac, Department of Public Works, City Garage, 6011 Nab Hill Road, Tamarac, FL 33321. Contractor must contact the Automotive Superintendent at (954) 597-3730 a minimum of 24 hours prior to delivery of any vehicle. 3. A delivery tag, in duplicate, must accompany each vehicle. The following information shall be included on the tag: a. Purchasing Department. b. Purchase Order/Contract Number. C. Vehicle Serial Number. d. Equipment number of trade-in (if applicable). e. Signature block for receiving individual. f. Key coding number to be provided with each vehicle. g. Mileage certification form. F. NOTICE TO CONTRACTORS Adherence to all of the aforementioned procedures is mandatory. Failure to abide by any of the provisions will result in rejection of the subject vehicle until such time as the provisions are met. In order to prevent any delays in the acceptance of the new vehicles, and to assure payment as soon as possible, contractors are reminded to comply with all provisions. Remainder of Page Intentionally Blank VI. TECHNICAL SPECIFICATIONS A. GENERAL It is the intent and purpose of these specifications to secure the necessary equipment, components, and accessories to provide the City of Tamarac Fire/Rescue Department with a high quality AERIAL FIRE APPARATUS as specified in the Detailed Requirements Questionnaire contained herein. B. MATERIALS, WORKMANSHIP AND COMPATIBILITY INFORMATION All furnished equipment, materials and workmanship shall be of the highest grade in accordance with modern industry practices. The equipment supplied shall be new and unused except for the necessary testing, calibration and transportation. C. WARRANTY The following warranties for performance, parts and service shall be offered for this apparatus unit. 1. Standard 1 Year Warranty for Equipment, parts, components, labor and materials. 2. Lifetime frame warranty. 3. 10 year/100,000 mile structural warranty- Statement of Warranty. 4. 10 year stainless steel plumbing warranty- Statement of Warranty. 5. 20 year aerial device structural warranty. 6. 10 year limited paint and perforation warranty for paint. Please provide information regarding standard warranty coverage as well as for special warranties required. Please submit copies of all warranties offered as a part of the proposal response. Please provide detailed information regarding warranty coverage for this unit on the Proposal Form herein under "Additional Proposal Information". D. FACTORY SERVICE & PARTS CAPABILITIES / PARTS DISTRIBUTION Service Requirements: Each Proposer shall supply, with their proposal, detailed information on the proposer's ability to perform routine and emergency service on the apparatus after delivery. Detailed information shall be provided on service facilities, personnel, service vehicles, and the type and nature of repair work the Proposer is able to provide. Proposer shall provide the number of miles from the Purchaser's facility to the nearest fully staffed repair facility operated by the Proposer, as well as the complete addresses for the service center, and for the closest parts distribution facility. It is the intent of the purchaser to assure that parts and service are readily available for the equipment specified. Service capabilities will be one of the criteria for award of this contract. Proposer shall provide specific information regarding the Proposer's Service Center and Parts Distribution locations. <. C Please provide detailed information regarding Factory Service and Parts Distribution Center(s) for this unit on the Proposal Form herein under "Additional Proposal Information". E. PRODUCTION SCHEDULE AND INSPECTIONS 1. Time frame and Transportation: The proposer shall provide with proposal response, a time frame of when work will begin and an estimate of when it will be completed, complete with milestones for major tasks within the project. Specific information outlining the method of pick-up and delivery should be clearly stated. 2. Inspections: The City requests that the successful contractor provide for a minimum of three inspections of the equipment, including a Pre -build Inspection, a Mid -point Inspection and a Final Inspection. The Contractor shall not pay for, or reimburse the travel cost for any City employee. The City shall be responsible for making and paying for all travel arrangements for such inspections. As part of the proposal price response, proposer shall include an approximate estimate of travel costs to and from the City of Tamarac to the successful proposer's production facility, which will be used as an estimate for budgeting purposes, segregated by transportation costs, lodging costs, and meal and other incidental costs. Please provide detailed information regarding Inspection cost information for this unit on the Proposal Form herein under "Additional Proposal Information". F. TESTING REQUIREMENTS 1. Testing: The City shall require the use of a third party testing firm on the main components of the apparatus unit as detailed in, Section VI. J. "Detailed Requirements Questionnaire" herein, in compliance with NFPA Standard 1901 "Standard for Automotive Fire Apparatus". 2. Test Facilities: the apparatus, prior to acceptance will be required to meet the performance tests of the applicable NFPA Automotive Fire Apparatus Standard. The test shall include, but are not limited to; acceleration, braking and G-loading tests pump tests brake hold test and turn radius test. If the manufacturer does not have the facilities to perform the tests, the manufacturer shall contract with an outside agency. G. ISO COMPLIANCE The manufacturer shall operate a Quality Management System meeting the requirements of ISO 9001: 2000, and shall provide evidence of such compliance with the Proposer's response. 2, , H. TRAINING AND SUPPORT The manufacturer shall provide three days of training covering vehicle maintenance and operational familiarization. The training shall be provided by a full time, manufacturer employee trainer who specializes in aerial training. All appropriate training and operational manuals shall be delivered prior to the commencement of training. I. DETAILED REQUIREMENTS —QUESTIONNAIRE Any deviations from the specifications contained herein shall be fully disclosed as instructed in Section VI.A "Detailed Requirements Questionnaire" herein. Please answer each questions and sub -question by checking "Yes" if the item is compliant with the specifications or "No" if you are submitting a proposal for an item that deviates from the specification. Please provide detailed comments regarding how the item being proposed deviates from the requirements. Please use extra sheets if required to document product deviations. Remainder of Page Intentionally Blank 22 J. DETAILED REQUIREMENTS QUESTIONNAIRE 2. Rear Bumper a. A horizontal bumper shall be provided across the lower rear of the apparatus. The assembly shall be bolted to the chassis frame. The bumper shall be over-layed on the top, rear and sides with aluminum diamond plate. b. Extruded aluminum anodized rub -rail shall be attached to the rear surface of the bumper. c. An assist handrail shall be provided and located below the hose -bed. Comments: 3. Bumper Tray a. Nylon black cargo net on sides for bumper cross -lay. b. Double cross -lay on top of the front bumper gravel shield. Tray to be "U" shape, approx 20" wide x 7.5" high x 90" wide. Holds 200' of 1.75". Includes tri fold diamond plate cover hinged at the front. Comments: 4. Axle a. Front axle 20,OOOIb. b. Shock absorbers for front axle -adjustable. c. Single rear axle 33,0001b capacity. Requires cast shoe brakes and 33K suspension. Comments: 5. Suspensions a. Rear spring suspension w/aux 33K rating. Comments: ......................... . 7. Tires a. Rear tires shall be tubeless type radial tires with highway tread. b. Front tires shall be tubeless type radial tires with highway tread. c. Tire pressure monitoring valve stem caps. Comments: 8. Brake System a. 17" disc brakes for front axle. b. G4 Electronic Stability Control (4x2), Includes RSC and ATC. c. Parking brake release mounted on the driver's side lower dash. d. Brake system 4 x 2/ 4 x 4. Comments: 9. Air System a. Inlet for airs stem, Location: driver doorjamb. b. Air dryer. c. Auto moisture ejectors heated. d. Air lines nylon. e. Isolated air tank, to include pressure protection valve. f. Auxiliary air tank to be plumbed to the chassis air horns only. g. Air horns recessed in bumper (PR). Comments: 10. Engine & Transmission a. Push button transmission selector. b. Synthetic transmission fluid for EVS 3000. c. Electronically limited seed to 60 moh. Comments: Comments: 12. Cooling Package`' a. 2010 EPA engine complaint, with coolant recovery system. Comments: 13. Fuel System a. Fuels stem 50 gallon. b. Fuel line hose rubber. c. Fuel shut off valve. Location: one 1 inlet side of fuel/water separator. d. Fuel/water separator to be a bottom drop out stvle. Shall include indicator light and audible alarm. Comments: 14. Alternator a. Alternator Leece Neville 320 amp. 320 amp SAE/275 amp NFPA. Comments: 15. Batteries: a. Battery six group 31 1000CCA. Comments: 16. Chassis a. Drivelines 1710. b. Tow eyes front painted below bumper/ cab (PR). c. Tow eyes rear frame painted. d. Aerial hydraulic activations stem. e. Diesel Exhaust Fluid (DER 5 aallon tank. Comments: 'i:... ..., ......._ .r. c.s r .Syr is�.y.> x✓ry MANUFACTURER COMPLIES YES NO 17. Cab Model a. X long cab w/barrier style doors. b. The back -of -cab to front axle length shall be a minimum of 67.5". Comments: 18. Cab Roof Type a. Split raised rear cab roof. 12" high for use with rear mount aerial. Comments: 19. Grille a. ABS chrome plated grille. Comments: 20. Cab Door a. Map pockets cab front doors stainless steel. b. Rear crew cab doors in the medium position. c. Driver and Officer cab door windows, Include forward vent window. d. Stainless steel protective trim on rear edge of cab door openings. e. Door panels cab stainless steel. f. All cab doors shall have exterior paddle latches were applicable. g. Front cab door windows to manually roll down. h. The rear cab door windows shall be manual fore/aft slider type i. (4) LED cab step area lighting. Locate each light in the cab step well area. Lights to be switched with door ajar. j. Door mounted red LED flashing lights (4). Locate lights on each cab door in the outboard position. Lights to be switched with door ajar. k. Ruby Red/Lemon Yellow chevron "A" stripe on lower cab door panel approx 12" high. Stainless steel door panels only. I. All cab exterior access doors shall be keved alike. Comments: 21. Cab Step a. Step below cab door. Located driver's front door. Steps under front cab doors shall not interfere with approach angle. 2� Comments: 22. Mirrors a. Ramco 6001 FFR mirrors. Remote controlled with to CAS750 convex. b. Location: mounted on front corners of cab. c. Mirror Stainless Steel 8" Convex Officers side cab brow, Bell Type Mounting, 2 Piece Adjustable Telescoping Arm. d. Mirror Stainless Steel 8" Convex driver side cab brow, Bell Type Mounting, 2 Piece Adjustable Telescoping Arm. Comments: 23. Misc Exterior Cab a. Pair of 18" handrails located just behind driver and officer front door, one on each side. b. Pair of 18" handrails located just behind driver and officer rear door, one on each side. c. Mud Flaps, front, black. d. Rear cab wall to be smooth 3/16" aluminum plate. Cab wall to be finished painted to match the cab paint scheme. e. Mounting plate for battery charger receptacle and indicator -removable brushed stainless steel. Comments: f+ IM.111/_I[y a. Air conditioning with Cummins ISC/ISL engine, radiator mounted condenser. Comments: 25. Seats a. Seat color ra b. Driver seat to be air ride c. Officers seat to have fixed SCBA 27 MANUFACTURER COMPLIES YES NO d. Seats forward facing center of rear wall (PR). Free standing with individual risers on rear wall. e. Fold down seat located driver's side outboard. f. Fold down seat located officer's side outboard. g. Mechanical air pack bottle bracket (EA). Location: officer's seat. h. Mechanical air pack bottle bracket (EA). Location: inboard Officer's side rear wall. i. Seating capacity tag of six occupants. j. All seat positions shall have a retractable 3-point lap and shoulder harness, providing additional safety and security for personnel. Extensions shall be provided with the seat belts so the male end can easily be grasped and the female end easily located while seated in a normal position. Comments: 26. Medical Cabinets E, pp b„ a. Officer side cab wheel well medical cabinet approximately 42 x 22 x 28. Includes external locking roll up door and interior hinged door with locking push button latch. Cabinet includes 2 adjustable shelves. b. Cab medical/storage cabinets finish to be gray. c. Driver side cab wheel well medical cabinet approximately 42x22 x28. Includes external locking pan door painted job color and interior full height hinged door with locking push button latch. Cabinet includes (2) adjustable shelves. d. Medical cabinet mounted on the wheel well officer side of cab with a vertically hinged door and locking push- button latch. Comments: 27. Misc Interior Cab Options a. Cab interior gray. Not to include engine cover or seat color. b. Rear engine cover diamond plate trim. c. 3/16" Aluminum plate on top engine access door. To have swirl finish and be spaced up approx 1/2". d. Dash, Includes smooth plate alum center and officer side dash painted to match cab interior and lower diamond pit kick panels. e. ABS Dash, Includes center and Officer side dash, lower kick panels and "A" post covers. f. Engine cover- Thermoformed ABS. Comments: 28. Cab Electrical a. Pump hour -meter in cab. b, Auto eject receptacle inlet 20 amp located outside driver's door next to handrail with a Yellow cover. c. Switch horn button two position DOT/ air horn. d. Control push button switch officer dash for air horns. e. Antenna on cab roof. Location: Officers side forward area with coaxial cable terminating behind driver's seat. f. Antenna on cab roof. Location: Officers side rearward area with coaxial cable terminating behind driver's seat. g. 12 volt electrical outlet in the cab wired battery hot. Location: driver side dash. City T its.ar<;ar, MANUFACTURER COMPLIES YES NO h. 12 volt electrical outlet in the cab wired battery hot. Location: officer side dash. i. English dominant main cab gauge cluster. j. Turn signal LED amber pair located above headlight bezel. k. DPF Regeneration override switch. I. Battery charger to be located behind driver's seat. m. Air compressor to be located on top of Officers side wheel well medical cabinet. n. GPS antenna on cab roof. Location: Driver side forward with coaxial cable terminating at the center of the dash board. o. Xenon HID cab headlights, p. Dome Its red/white 4" LED (4). Lights to be located two front and two rear. White light wired through door and light assembly mounted rocker switch. Red light through light assembly mounted rocker switch. Comments: 29. Body Mode/ a. Body aerial to be a minimum of a 78 foot with pump, single axle. The rear access doors to match the rear body finish. b. The hosebed shall be designed to allow manual reloading of the hose from the rear, top, and side without raising the aerial ladder from its stored position. Comments: 30. Body Compartment Rear a. Rear of body to have flush painted smooth plate body panels. Comments: 31. Aerial Body a. Auxiliary jack pad (PR) with side mounted handle. Includes mounting brackets. b. Pikepole/Ladder storage, The access door to match the body finish. c. Hose -bed depth capable of holding up to 800' of 5" LDH and up to 300 to 400' of 2.5 or 3". d. Cross -lay dry storage. Includes 20"W storage area and storage pan to rear of crosslay. Comments: 32. Doors a. Doors to be a combination of hinged and roll up tall, and keyed alike. b. Driver and Officer side cab wheel well external cabinet shall be keyed alike. Comments: MANUFACTURER COMPLIES 'YES I NO 33. Shelves a. Adjustable shelf and adjustable trays within the compartments. Comments: 34. Trays a. Adjustable mounted roll out/tilt down tray with aluminum frame. b. Adjustable roll out tray with capable of 500 Ibs capacity. Comments: 35. Covers a. Single diamond plate cover for the cross -lay area. Applicable grab handle(s) and (2) hold downs. Non aerial applications to be tagged as a non stepping surface. b. Cover aluminum (1) piece with recessed handles. c. Cross -lay cover to be hinged forward. d. Vinyl rear cover for diamond plate hose -bed cover. Color: Red e. Vinyl Red side covers for diamond plate cross -lay cover f. The gauge panel(s) on the driver side of the Side Mount module to be hinged upward. Panel(s) to include (2) mechanical/pneumatic hold opens and latches. g. Stainless steel driver and officer side pump panels. Comments: 36. Misc Pump Panel a. Pump Panel Tags Color Coded per NFPA Compliance. b. Class 1 Color Coded Bezel Chrome 3.5" Gauge. c. Air Outlet Valve. Comments: 37. Pump Module rE a. Backboard storage compartment located to rear of crosslays. Includes vertically hinged diamond plate access door each side. b. Air horn switch at pump panel. Switch to be labeled "Air Horn". Location: driver side pump panel. Comments: f.: and ......... ........................................ MANUFACTURER COMPLIES YES NO 38. Water Tank a. 500 gallon water tank. Comments: 39. Tank Plumbing a. 2" Tank Fill Manual Valve. b. 3" Tank to Pump Manual Valve. Comments: 40. Ladder Storage .. ...:. ..... . a. Horizontal ladder bracket for Little Giant model 17. b. The ground ladder storage areas shall be provided at the rear of the apparatus. The storage areas shall be vertical in design and capable of storing a minimum of 115' of ground ladders. Comments: 41. Handrails/ Steps a. Slide -out platform rollerless. Chrome grab handle centered on the front face of the platform. Located below driver side pump panel. b. Step below body. Located below rear of officer side pump panel. Each location requires a minimum of (1) handrail ! handhold per NFPA. c. Dual lighted LED folding step. Location: driver side front compartment face. Each location requires a minimum of 1 handrail per NFPA. d. Dual lighted LED folding step. Location: officer side front compartment face. Each location requires a minimum of (1) handrail Der NFPA. Comments: Comments: 43. SCBA Bottle StorageE E a. SCBA Bottle Storage. (4) SCBA bottle storage with hinged doors with push button latches. (2) officer side and 2 driver side in wheel well area. ..... ............................................................... ......... MANUFACTURER COMP LIES YES I NO 44. Pump a. Hale 1000-2250 GPM single stage pump. Rating 2000 GPM. b. Hale Pump extended 3 Year Warranty. Comments: 45. Pump Certification a. Pump certification 750-2250 GPM. Comments: 46. Pump a. Mechanical Speed Counter for Hale Pumps. b. Fire Research ThrottleXcel engine throttle with engine gauges. c. Valve Relief System- TPM Hale. d. Pump Seal Packing for Hale Pump. e. Steamers to be Flush + 1 Location: drivers side. f. Steamers to be Flush + 1 Location: officers side. g. Manual operated master pump drain. The master drain shall be clearly marked and placed in accessible location on pump panel. Comments: 47. Intakes a. 2.5" Right Intake Manual Valve. b. 2.5" Left Intake Manual Valve. Comments: 48. Discharge and Pre -connects a. 1.5" Front Bumper Crosslay Discharge Manual Valve. b. 2.5" Left Panel Discharge Manual Valve w/30 Degree Droop Location: left side discharge 1. c. 2.5" Right Panel Discharge Manual Valve w/30 Degree Droop Location: right side discharge 2. d. 2.5" Right Panel Discharge Manual Valve w/30 Degree Droop Location: right side discharge 3. e. 4" Right Pump Panel Discharge with 3" Manual Valve w/Droop Location: right side discharge 1. f. 4" Waterway Discharge with 3" Electric Valve. Comments: 1Y 2 MANUFACTURER COMPLIES YES NO 49. Discharge a. Bleeder Drain Valve Plumbed to: waterway discharge. b. Bleeder Drain Valve Plumbed to: cross -lay pre -connect. c. Bleeder Drain Valve Plumbed to: left discharge. d. Bleeder Drain Valve Plumbed to: right discharge. Comments: 50. Pressure Governors a. Class 1 TPG Plus pressure governor. Includes master intake and discharge gauges, throttle, relief, water, oil, volt and tachometer. Comments: 51. Gauges a. 3.5" Class 1 Pressure Gauge (30-0-600). Discharge: right side discharge 3, b. 6" Class 1 Pressure Gauge (30-0-600). c. Flow Meter Value System. Discharge: waterway discharge. d. Ammeter Gauge on Pump Operators Panel. e. IC 10 LED SL series/Whelen PSTank water tank level gauge package. Location of Whelen PSTank strip lights: each side of cab towards rear. f. 3.5" Span Pressure Gauge (0-400). Discharge: 1.5 in. crosslay pre -connect. g. 3.5" Span Pressure Gauge (0-400). Discharge: waterway discharge. h. 3.5" Span Pressure Gauge (0-400). Discharge: left side discharge 1. i. 3.5" Span Pressure Gauge (0-400). Discharge: right side discharge 1. j. 3.5" Span Pressure Gauge (0-400). Discharge: right side discharge 2. k. 3.5" Span Pressure Gauge (0-400). DischaMe: right side discharge 3. Comments: 52. Electrical System a. Multiplex electrical system for aerials. b. Modem for use with the multiplex electrical system. c. Vehicle data recorder- 2009 NFPA compliant. Includes occupant detection with display. Comments: 53. Light Bars a. Light bar (PR). Location: front cab corners. b. Mini LED side facing light bars (PR) with low profile mounts. Location: each side over front cab doors. Lense colors: Clear. c. Light bar LED (PR). Located side facing only. Location: centered above rear cab doors. Ct'i<.rar<a.<.rt ............................ ...... ... ......... ......... .. ..... tx MANUFACTURER COMP r IES YES I NO ' Comments: 54. Warning Light Package a. LED lower level warning light package. Should includes LED light heads with bezels. Locate side facing lights: at forward most position, on side of cab down low just ahead of rear door, and on rear fixed outrigger cover. Comments: 55. Warning Lights a. Warning light LED (PR) red. Surface mounted with bezel. Location: (1) each side in front quad inboard of NFPA warning light. b. Warning light LED PR amber. Surface mounted with bezel. Location: (1) each side above tail lights. c. Hazard door ajar light 2" LED. Location: center overhead. d. NFPA compliant LED beacon (PR) clear lenses with Red LED reflectors. Location: each side of pump module offset to the rear. e. NFPA compliant LED beacon (PR) clear lenses with Red LED reflectors. Location: rear upper body on aerial style brackets. f. Warning light LED w/ bezel (PR). Surfaced mounted with red lens. Location: (1) each side facing at rear of body in rub -rail. g. Warning light LED w/ bezel (PR). Surfaced mounted with red lens. Location: (1) each side below forward compartments in rub -rail. h. Warning light LED w/ bezel (PR). Surfaced mounted with red lens. Location: (1) each side just behind rear wheels in rub -rail. I. Warning light LED w/ bezel (PR). Surfaced mounted with red lens. Location: (1) each side in pump module rub -rail. Comments: 56. Directional Light Bar EI a. Light bar Federal Signal Master SMLED6. b. Directional light bar control is to be located in reach of the driver. Comments: 57. Sirens 9 a. Siren recessed mounted. b. The electronic siren control is to be located in reach of the driver. c. Q213 siren flush mounted in bumper. Location: center front bumper. Comments: %tl %)r�rr%l' MANUFACTURER COMPLIES YES NO 58. Speakers a. Speaker, thru bumper. Location: officer side and driver side front bumper. I l l Comments: 59. DOT Lighting a. Marker light LED body/cab package. b. LED horizontal mount taillights. Should include LED stop/tail, arrow turn and backup lights with horizontal Cast 3 housing and weatherproof connectors. c. Marker lights, LED amber/red rubber housed mounted on the rear body corners angled down. Comments: 60. Lights- Compartment, Step and Ground a. Compartment light LED for medical cabinet (EA). b. Compartment light package LED. c. Ground light package LED. d. Step light package body LED. e. Light recessed step LED. Locate officer side front compartment face. f. Light recessed step LED. Locate driver side front compartment face. Comments: 61. Lights- Deck and Scene a. Scene Light. Locate rearward facing for hosebed storage lighting. Mounted off forward area of body. Light switched with workli ht switch. b. Scene lights (PR). Switch in cab (driver and officer side facing lights switched separately). Locate (1) each side of cab, rwd of fwd doors, up high. c. Scene lights (PR). Switch in cab (driver and officer side facing lights switched separately). Locate up high on rear access door. d. Cross -lay light. Locate to rear of cross -lay and forward of cross -lay. Switched with work light switch in cab. e. Cab scene lights are to be switched with cab doors. Allows for additional illumination. Comments: 62. Lights- Non Warning a. ant engine compartment, b. (1) pump panel light over the pump control area to be wired to come on when pump shift is placed to pump. c. Pump panel LED light package with 3 li hts per side pump panel. Comments: . . . ..... . . . ............. .... . .. ........ . ..... ....... .... . . ........... MANUFACTURER COMPLIES YES NO 63. Controls and Switches 36. a. Switch, additional 12 volt/15 amp. Location and function: pump operator's panel for pump panel lights. b. Foot Switch to control Q213 located driver's side. c. Switch 12V for 11 0-240V (EA). Location: driver's side overhead console for driver's side cab/body quartz light(s), d. Switch 12V for 110-240V (EA). Location: drivers side overhead console for officer's side cab/body quartz light(s). e. Switch 12V for 11 0-240V (EA). Location: driver's side overhead console for quartz lights at tip of aerial (aerial circuit). Comments: 64. Cameras/ Intercom a. Back-up camera. b. Intercom system with (4) cab jacks and (1) pump panel jack. Headsets to be shipped loose. c. Diamond plate camera shield. Comments: 65. Misc Electrical a. 12V power distribution module. Includes (6) battery hot and (6) switched hot circuits. 100 amps max (IATS). Location: behind officers seat. b. Back-up alarm 97 dB. c. Flasher alternating for headlights ("Wig -Wag") - Comments: 66. Generator a. Generator Smart Power 8KW hydraulic model HR-8 (with top mount cooler). Should include generator control/PTO engagement switch and a gauge panel located adjacent to the circuit breaker box. Comments: 67. Generator Test a. 3rd party generator test with pump. Comments: ..... MANUFACTURER COMPLIES YES NO 68. Breaker Box a. Breaker box 8 place single phase. Should include main breaker. 1 Comments: 69. Lights- Quartz a. Quartz light MagnaFire 750W/120V with external pole. Location(s): officer side back of cab. b. Quartz light MagnaFire 750W/120V with external pole. Location(s): driver side back of cab. c. Quartz light MagnaFire 750W/120V model KR-1536 with cab brow mount. Location(s): driver and officer side cab brow. d. Quartz light MagnaFire 750W/120V model KR-1536 with cab brow mount. Location(s): driver and officer side over rear cab door. Comments: 70. Receptacles a. Receptacle household 20A/110V duplex 3-prong NEMA 5-20 with cover plate interior mounted wired to inlet receptacle. Location: driver side top of medical cabinet. b. Receptacle household 20A/110V duplex 3-prong NEMA 5-20 with cover plate. Location: driver side rearwheel well offset forward. c. Receptacle household 20A/110V duplex 3-prong NEMA 5-20 with cover plate. Location: officer side rear wheel well offset forward. Comments: 71. Electric Cord Reel a. Cord reel electric with 200' of 10/3 yellow cable. b. Circle D wall/floor mounting box. Locate box for use with reel. c. Junction box Circle-D with two (2) 15 amp straight blade and two (2) 20 amp twist lock receptacles. Located on cord for reel. d. Electric cord reel rewind switch. Switch located near cord reel comet. e. Cord reel rollers mounted on reel. Comments: 3 ,;. .V....................... ... + ... d MANUFACTURER COMPLIES YES I NO. 72. Aerial Model a. Ladder to be a minimum of 78 feet with a 750 lb tip load with waterway. Should include side console with covers lit steps at tip and jack leg flood lights. Comments: 73. Aerial Hydraulic System a. Gauge aerial hydraulic oil level. Electronic display to be located on pump operator's panel. Comments: 74. Aerial Controls a. Pump panel control station. b. The stabilizers shall be capable of multi -range short jack operation. Comments: 75. Monitors; a. Monitor electric 1000GPM for ladder. Should include tip and base controls. b. Monitor to be painted job color. Comments: 76. Aerial Warning Lights a. LED lights at ladder tip (PR) with blue lenses. Switched with aerial master. b. Outrigger warning lights (PR) LED. Comments: 77. Aerial Lighting a. Ladder climbing lights. Lens colors shall be Blue. b. Quartz light 750W Magnafire. Requires 110-volt twist lock receptacle at tip option. The light shall be located left side tip. c. Grille guard for Magnafire light(s) on aerial. d. Two (2) floodlights shall be mounted at the bottom of the ladder base section, one (1) on each side. They shall be controlled from the turntable-ooeratina pedestal. Comments: `38 ... ......... ............. .......... ................. ........ ............ ...... MANUFACTURER COMPLIES YES I NO 78. Misc Aerial Electrical a. Intercom aerial 3-way. b. 110V/20A duplex household receptacle at tip. Comments: 79. Waterway a. Pinned waterway. b. Rear 4" NST waterway inlet for rear mounted aerials. c. 2.5" Waterway Class 1 pressure gauge 30 0 600. Locate next to waterway inlet. d. Flowminder with single readout and totalizer for the aerial waterway to be located at the aerial control station. Comments: 80. Aerial Equipment [k a. Pike pole tube for 8' pole on ladder. Location: right side fly section. b. Lifting eye at tip of ladder. c. Stokes basket mounting bracket outside base section. Location: left side. Comments: 81. Aerial Ladder Brackets a. Roof ladder bracket J style mount. Locate outside base section for a PRL-14 on left side of base section. Comments: 82. Sign Plates a. Aerial sin plates PRpainted job color. Comments: 83. Aerial Testing a. Aerial flow test- 3rd party. b. Aerial 2009 NFPA Certification, Comments: 9 ......... ........ ............ ........ .;� 3 r;. 7 r .''d` r r.:hp�r...7�,iI ?. a zr,:a ....... ......... ............. 3 f�.. '�..�.... ....... ......... MANUFACTURER COMPLIES YES I NO 84. Adapters a. Swivel Connector 4"FNST x 5" Storz 30Deg Elbow with Tethered Cap. Comments: 85. Ground Ladders a. PEL-28 Extension Ladder. b. Little Giant Model 17 Ladder. c. PRL-16 Roof Ladder. d. PEL3-35 3 Section Extension Ladder. e. 10' Folding Ladder, Comments: 86. Misc Loose Equipment a. Multiplex adapter kit. Should include harness with a USB to CAN interface module. b. DOT Required Drive Away Kit -Kit should include three (3) triangular warning reflectors with carrying case. Comments: 87. Exterior Paint a. Paint lift cylinders, extension cylinders and upper turntable steelwork. b. Paint Sample Spray Out - Dealer is responsible for returning written approval prior to order release. Base color of cab / chassis. c. Paint chassis cab. Color: Red. d. Cab two-tone. Upper area of cab to be painted white. Paint Body — Large -- For Aerials, Color: Red. e. Paint Sample Spray Out -Dealer is responsible for returning written approval prior to order release. Two tone cab color. f. All applicable pump/pre-connect application modules are to have a job color finish. Includes upper and lower pump modules, crosswalk module and/or speed-lay/pre-connect module. Rear mounted body/pump module to be oainted lob color. Comments: 88. interior Paint _ a. The interior of cab to be painted Gray. I Comments: ..... rr MANUFACTURER COMPLIES YES NC 89. Striping a. Chevron "A" style 6" printed sheet Scotchlite striping on front bumper. Colors to be Yellow/Red. b. Yellow reflective tape on 2 outriggers. c. White rub -rail scotchlite insert. d. Chevron "A" style 6" printed sheet Scotchlite striping on rear of body. Includes rear facing extrusions, panels and doors inboard/outboard of the beavertails (if applicable). Colors to be Yellow/Red. Comments: 90. Warranty/Standard & Extended a. Standard 1 Year Warranty. b. Lifetime Frame Warranty. c. 10 Year/100,000 Mile Structural Warranty- Statement of Warranty. d. 10 Year Stainless Steel Plumbing Warranty- Statement of Warranty, e. 20 Year Aerial Device Structural Warranty. f. 10 Year Limited Paint and Perforation Warrantv For Paint. Comments: 91. Support, Delivery, Inspections and Manuals a. Vehicle familiarization aerial (Domestic). b. Approval Drawings- Standard. c. Manuals, operator, service and exploded view parts CD-ROM, Comments: VII. PROPOSAL SELECTION The City Manager will appoint an Evaluation and Selection Committee to review Proposals. The City reserves the right to select the Proposer who represents the best value, and to accept or reject any proposal submitted in response to this solicitation. The City's Evaluation and Selection Committee will act in what they consider to be the best interest of the City and its residents. Price shall not be the sole determining factor for selection, as indicated in the following section: Vill. EVALUATION OF PROPOSALS A. EVALUATION METHOD AND CRITERIA An Evaluation and Selection Committee has been appointed by the City Manager and will be responsible for selecting the most qualified firm and then negotiating a contract. The Proposers with the highest -ranked submittals may be asked to make a detailed presentation of their product/service to the Evaluation and Selection Committee. All Proposers are advised that in the event of receipt of an adequate number of Proposals which in the opinion of the Evaluation Committee require no clarification and/or supplementary information, such Proposals may be evaluated without discussion. Hence, proposals should be initially submitted on the most complete and favorable terms which Proposers are capable of offering to the City. After presentations, firms will be assigned a final score, with the highest -ranked firm moving forward to the negotiation phase. Upon successful negotiation, a recommendation for award will be considered by the City Commission. No work on this project shall proceed without written authorization from the City of Tamarac. The City reserves the right to enter into contract negotiations with the selected Proposer. If the City and the selected Proposer cannot negotiate a successful contract, the City may terminate such negotiations and begin negotiations with the next selected Proposer. No Proposer shall have any rights against the City arising from such negotiations. The City's evaluation criteria may include, but shall not be limited to, the following: Compliance with Reguest for Pro osals [Mandatory]. This refers to the adherence to all conditions and requirements of the Request for Proposals. 1. Technical_ Capabilities This refers to the Proposer's demonstrated understanding of the requirements of the equipment to be manufactured, and the technical capability to provide a quality apparatus unit. 1I(" f,,(.)t iI'm, . 1 2. Schedule. This refers to the Proposer's proposed delivery schedule. The schedule shall be a critical element of this contract. I Qualifications of the Contractor. This includes tenacity, perseverance, experience, integrity, and reliability which will assure good faith performance, as well as satisfactory reference verification. This criteria includes: The experience of the firm and its record on production of similar equipment for other units of government or organizations. ii. Reference information gathered from other entities regarding the past experience of the firm; and iii. Other areas addressed in the Technical Specifications herein. 4. Customer Service and Maintenance Capabilities. Proposer's capability in all respects to perform fully the contract requirements, including customer support after the sale, the ability to provide expeditious repairs, to provide on -site servicing, expeditious availability of repair parts, flexible warranty provisions, qualified field and corporate technical assistance and expertise as well as staff technical/engineering support available to the City. 5. Price. This refers to the proposed price for the apparatus. (Please note that price is only one factor for consideration of award). B. ACCEPTABLITY OF PROPOSALS The Offer shall be evaluated solely in accordance with the criteria set forth herein. The proposals shall be categorized as follows: Acceptable ; 2. Potentially Acceptable; that is reasonably susceptible of being made acceptable; or I Unacceptable. C. AWARD OF AGREEMENT Award shall be made by the City to the responsible Proposer whose proposal is determined to be the most advantageous to the City, taking into consideration price and the evaluation criteria set forth herein below. The City of Tamarac reserves the right to accept the Proposal as a whole, or for any component thereof if it appears to be in the best interest of the City. D. WEIGHTED CRITERIA Points will be assigned to each proposal based on the following weighted criteria: CRITERIA MAXIMUM POINTS E. F. 1. Compliance with Request for Proposal (Mandatory) N/A 2. Technical Capabilities 10 points 3. Schedule 10 points 4. Qualifications of the Proposer/Expertise 15 points 5. Customer Service and Maintenance Capabilities 45 points 5. Price 20 points These weighted criteria are provided to assist Proposers in the allocation of their time and efforts during the proposal preparation process. The criteria also guide the Evaluation Committee during the short -listing and final ranking of proposers by establishing a general framework for those deliberations. Once the Proposals are evaluated, a "short-list" may be selected to make presentations to the Evaluation and Selection Committee, prior to a recommendation for award. DISCUSSIONS & PRESENTATIONS The short-listed Proposers may be requested to make presentations to the Committee. The City may require additional information after evaluation of the submittals, and Proposers agree to furnish such information upon the City's request. All Proposers are advised that in the event of receipt of an adequate number of proposals, which in the opinion of the Evaluation Committee require no clarification and/or supplementary information, such proposals may be evaluated without discussion or need for presentations. Hence, proposals should be initially submitted on the most complete and favorable terms which Proposers are capable of offering to the City. The Evaluation Committee may conduct discussions with any Proposerwho submits an acceptable or potentially acceptable proposal. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. The Evaluation Committee reserves the right to request the Proposer to provide additional information during this process. RIGHT TO REJECT PROPOSALS To the extent permitted by applicable state and federal laws and regulations, City reserves the right to reject any and all Proposals, to waive any and all informalities not anaf:w involving price, time or changes in the work, and to disregard all nonconforming, non- responsive, unbalanced or conditional Proposals. Proposals will be considered irregular and may be rejected if they show serious omissions, alterations in form, additions not called for, conditions, unauthorized alterations, or irregularities of any kind. City reserves the right to reject any Proposal if City believes that it would not be in its best interest to make an award to a particular Proposer, either because the Proposal is not responsive, the Proposer is unqualified, has doubtful financial ability, or fails to meet any other pertinent criteria established by City within the scope of this solicitation. Return One (1) Original and (5) copies in an envelope marked with your firm's name and "RFP 11-17R, Fire Apparatus, to the City of Tamarac, Purchasing & Contracts Division, 7525 NW 88t' Avenue, Tamarac, Florida 33321, attention: Keith K. Glatz, CPPO, FCPM, Purchasing and Contracts Manager. Any addenda become part of this Request of Proposal and the resulting agreement. The Proposal Form included herein should be signed by an authorized company representative, dated and returned with the Proposal. No negotiations, decisions or actions shall be initiated or executed by the Proposer as a result of any discussions with any City employee. Only those communications that are issued in writing from the Purchasing & Contracts Division may be considered as a duly authorized expression. Also, only communications from Proposers that are signed, and in writing will be recognized by the City as duly authorized expressions on behalf of the Proposer. Failure to include a complete Technical and Cost/Price Proposal may result in disqualification of the Proposal. CONTACT WITH PERSONNEL OF THE CITY OF TAMARAC OTHER THAN THE PURCHASING AND CONTRACTS MANAGER OR DESIGNATED REPRESENTATIVE REGARDING THEIR REQUEST FOR PROPOSALS MAY BE GROUNDS FOR ELIMINATION FROM THE SELECTION PROCESS. ...r i 7 r; .Far•. Fire Apparatus unit: $ Manufacturer: PROPOSALFORM RFP 11-17R AERIAL FIRE APPARATUS PROPOSAL PRICE Model # Optional: Is your firm able to provide lease financing for this purchase? Yes No If yes, please provide specific information regarding contact information for financing, monthly/annual lease pricing and other details below. You may use a separate attachment if necessary. The City reserves the right to use a third party financing company, or financing provided by the bidder. ADDITIONAL PROPOSAL INFORMATION 1. Warranty Information (Per Section VI. "Technical Specifications", Paragraph C, "Warranty"): Please provide detailed information regarding warranty coverage for this unit: 2. Factory Service and Parts Information (Per Section VI. "Technical Specifications", Paragraph D "Factory Service & Parts Capabilities/Parts Distribution"): a. Location of closest Factory Service Center to Tamarac, Florida: Address City, State, Zip Telephone b. Location of closest Parts Distribution Center closest to Tamarac, Florida: Address City, State, Zip Telephone 4 ;' 3. Production Schedule and Inspections* (Per Section VI. "Technical Specifications", Paragraph E. "Production Schedule and Inspections"): a. Delivery & Production Schedule: Contractor shall provide final delivery to the City within calendar days after receipt of order. Please provide approximate milestone dates for various phases of production expressed in calendar days after receipt of order from the City: b. Allowance for Inspections: Proposer shall provide cost information related to a minimum of three inspections of the equipment, including a Pre -build Inspection, a Mid -point Inspection and a Final Inspection. Approximate per person travel cost, per inspection: 1q� production site. incidentals Transportation to and from Tamarac to Lodging per person (based on a 1 night stay). Approximate cost per person for meals and * Note: The City shall be responsible for making and paying for all travel arrangements for inspections. Please provide an approximate estimate of travel costs to your facility from Tamarac, Florida, to be used as an estimate for budget purposes. The Contractor shall not pay for, or reimburse the travel cost for any City employee. tg t{ t PROPOSAL SUBMITTED BY: Company Name: Address: City: Telephone: FAX: Email: State: Zip: The City of Tamarac may use a city credit card for payment. Will your firm accept a Visa credit card as payment from the City of Tamarac? ❑ Yes ❑ No NOTE: To be considered eligible for award, one (1) original copy of this proposal form must be submitted with the Proposal. NO BID INDICATION (IF "NO BID" IS OFFERED): Please indicate reason(s) why a Proposal is not being submitted at this time. . �yt '.f)I.--v i�J r.lt�:',;itii:t COMPANY NAME: (Please Print): Phone: Fax: BEFORE SUBMITTING YOUR PROPOSAL, MAKE SURE YOU... ❑ 1. Carefully read the General Terms & Conditions, Special Conditions and the Technical Specifications. ❑ 2. Provide responses to the Detailed Requirements Questionnaire in Section VI, Technical Specifications. ❑ 3 Include the Price Proposal Form ❑ 4 Provide responses to the "Additional Proposal Information" section of the Price Proposal Form (See Price Proposal Form). ❑ 5 Include your Project Schedule which includes production milestones (See Proposal Form) ❑ 6 Fill out and sign the Non -Collusive Affidavit and have it properly notarized. ❑ 7 Sign the Certification page. Failure to do so will result in your Bid being deemed non -responsive. ❑ 8 Fill out the Proposer's Qualification Statement and Reference Form. ❑ 9 Sign the Vendor Drug Free Workplace Form. ❑ 10 Fill out the List of Sub -Contractors or Subcontractors, if applicable. ❑ 11 Fill out and sign the Certified Resolution. ❑ 12 Include proof of insurance. ❑ 13 Provide any additional documentation requested within the Proposal Document. ❑ 14 Submit ONE (1) Original AND the number of copies requested in the Proposal Instructions. Clearly mark the sealed container with the PROPOSAL NUMBER AND PROPOSAL NAME on the outside of the package. Make sure your Proposal is submitted PRIOR to the deadline. Late Proposals will not be accepted. Failure to provide the requested attachments may result in your proposal being deemed non -responsive. THIS SHOULD BE THE FIRST PAGE OF YOUR PROPOSAL. No Text CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE PROPOSAL We (1), the undersigned, hereby agree to furnish the items)/service(s) described in the Invitation to Bid. We (1) certify thatwe(I) have read the entire document, including the Scope of Work, Additional Requirements, Supplemental Attachments, Instructions to Proposers, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Request for Proposals. Indicate which type of organization below: INDIVIDUAL ❑ If "Other", Explain: Authorized Signature Typed/Printed Name Telephone Fax PARTNERSHIP ❑ CORPORATION ❑ OTHER ❑ Email address for above signer (if any) Company Name Address City, State, ZIP Federal Tax ID Number ................ ............. ........ ........ CERTIFIED RESOLUTION I, (Name), the duly elected Secretary of (Corporate Title), a corporation organized and existing under the laws of the State of , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT (Name)", the duly elected (Title of Officer) of (Corporate Title) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE SIGNATURE Given under my hand and the Seal of the said corporation this day of 120 (SEAL) NOTE: By: Secretary Corporate Title The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. PROPOSERS QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 NW 88t" Avenue Tamarac, Florida 33321 Check One Submitted By: ❑ Corporation Name: ....................................................................................................................................................................................................................................................... ❑ Partnership Address: ❑ Individual City, State, Zip ❑ Other Telephone No. Fax No. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Proposer is: The address of the principal place of business is: 1. If Proposer is a corporation, answer the following: a) Date of Incorporation: _, ­ b) State of Incorporation: c) President's name:......._..._...._ .......... .......... d) Vice President's name: e) Secretary's name: f) Treasurer's name: g) Name and address of Resident Agent: 4 2. If Proposer is an individual or a partnership, answer the following: h) Date of organization: i) Name, address and ownership units of all partners: j) State whether general or limited partnership: 3. If Proposer is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 4. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 5. How many years has your organization been in business under its present business name? a) Under what other former names has your organization operated? 6. Do you have a complete set of documents including addenda? ❑ YES ❑ NO 7. State the name of the individual who will have personal supervision of the work: 8. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Proposer's business and indicate the percentage owned of each such business and/or individual: ....... ........ ........ ........ ......... ......... ........ ........ ........ ........ ......... 9. State the names, addresses and the type of business of all firms that are partially or wholly owned by Proposer: 1 Q. Bank References: Bank Address Telephone 11. The City reserves the right to request a financial statement including Proposer's latest balance sheet and income statement showing the following items: a) Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses): b) Net Fixed Assets c) Other Assets d) Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, real estate encumbrances and accrued payroll taxes). e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings). The City will notify the Proposer in writing if a financial statement will be required, after the proposal period has closed. The Proposer acknowledges and understands that the information contained in response to this Proposer's Qualification Statement shall be relied upon by the City in awarding the contract and such information is warranted by Proposer to be true. The discovery of any omission or misstatement that materially affects the Proposer's qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. Signature ACKNOWLEDGEMENT PROPOSER'S QUALIFICATION STATEMENT State of County of On this the day of , 20_, before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or 0 DID NOT take an oath of t .ist(., c$i,, P F :ii 5' i f d ...... ........................ ............................................................ ................................. .............. ...... ........ .......... ...... ...... NON -COLLUSIVE AFFIDAVIT State of )ss. County of deposes and says that: 1. He/she is the Representative or Agent) of Proposer that has submitted the attached Proposal; being first duly sworn, (Owner, Partner, Officer, the 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Proposer, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Proposer, firm, or person to fix the price or prices in the attached Proposal or of any other Proposer, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Proposer, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: Witness Witness 5R Printed Name Title ACKNOWLEDGMENT .► to] ►@i0IS]4IILIR]1V/=V_1aaI6L\V/II State of Florida County of On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath III f Pnch 3 H.::;ettf ;,i)tl Y.if P'� Di, -o .... .... ....... ................ ........... .......... 1....... VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE PROPOSALS - Preference may be given to businesses with drug - free workplace programs. Whenever two or more proposals that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie proposals will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drag -free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. 5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. Authorized Signature ....................................... Company Name SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted with Bid, Proposal or Contract No. to the City of Tamarac for 2. This sworn statement is submitted by (Name of entity submitting sworn statement) Federal Employer Identification Number (FEIN) (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3. My name is (Print name of individual signing) My relationship to the entity named above is 4. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entity of a plea of guilt or nolo contendere. 6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime: or An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The owner by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts led by a public entity or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. 8. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) ❑ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity were charged with and convicted of a public entity crime after July 1, 1989. ❑ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity was charged with and convicted of a public entity crime after July 1, 1989. ❑ The entity submitting this sworn statement, or one of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or the affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH (ONE) ABOVE, IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) (Date) 62 ACKNOWLEDGMENT State of Florida County of On this the day of , 20_, before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC 611AMpro] Yi]aaI:y9l NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath t' t OPTIONAL FORM AGREEMENT BETWEEN THE CITY OF TAMARAC AND THIS AGREEMENT is made and entered into this day of , 20 by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and , a corporation with principal offices located at (the "Contractor") to provide for Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The contract documents shall consist of this Agreement, Document No including all conditions therein, (including any General Terms and Conditions, Supplementary Conditions, Statement of Work or any other provisions contained within the document), any and all addenda, Proposal executed and submitted by the Contractor, specifications, bond(s), (if applicable), and insurance certificate(s), the City Resolution awarding the project, and all modifications issued after execution of this Agreement. These documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event of a conflict between this document and any other contract documents, this Agreement shall prevail. 2) The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to 2.1.2 Contractor shall 2.1.3 Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. 2.1.4 Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by 64 Gowra( .... ............................................................. ............. .................... ......... .... ..... ... ..... ..... ...... inclement weather. 2.1.5 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or sub -Contractors, if any, with respect to the work and services described herein. 3) Insurance 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid or proposal document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Schedule The work to be performed under this Agreement shall be commenced after City execution of this Agreement. The work shall be completed no later than , 20 5) Contract Sum The Contract Sum for the above work is Dollars and cents ( ). 6) Payments The City may contract for a third party leasing company to provide. Payments to the vendor shall be made by the third party firm directly to the contractor upon completion of the unit. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. 7) Indemnification 7.1. GENERAL INDEMNIFICATION: Contractor shall, in addition to any other ................................ 65 ( ` C3 'r '.Ilf;t `itt{g t:itif '..-i;3tijYiif;P�> Divi,,5k.Vt obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Contractor, any sub - Contractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the Work; or b). violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by Contractor in the performance of the Work; or c). liens, claims or actions made by the Contractor or any sub -Contractor under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the City to enforce this agreement shall be borne by the Contractor. 7.2. Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. 7.3. The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. 7.4. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 8) Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The G1.1 C,' if ,C,I.: €z, if iz JCi7i Contractor further agrees that he/she will ensure that Sub -Contractors, if any , will be made aware of and will comply with this nondiscrimination clause. 9) Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 10) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 11) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 67 CONTRACTOR 12) Termination 12.1 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 13) Uncontrollable Forces 13.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 13.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 14) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 15) Venue This Agreement shall be governed by the laws of the State of Florida as now and 68 hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 16) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 17) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 18) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 18) No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 19) Budgetary Constraints In the event the City is required to reduce contract costs due to budgetary constraints, all services specified in this document may be subject to a permanent or temporary reduction in budget. In such an event, the total cost for the affected service shall be reduced as required. The Contractor shall also be provided with a minimum 30-day notice prior to any such reduction in budget. Remainder of Page Intentionally Blank 0 City t)£ t r."'f? ;;fr t�, k ..tlf," ;.,f)itPY:.3L£ Divi��££).'F ..... ..... ......... .................... ......... ����.�.., ..... a1...:.... IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its , duly authorized to execute same. CITY OF TAMARAC Beth Talabisco, Mayor Date ATTEST: Michael C. Cernech, City Manager Peter M.J. Richardson, CRM, CIVIC Date: City Clerk Approved as to form and legal sufficiency: Date City Attorney ATTEST: Company Name (Corporate Secretary) Signature of President/Owner Type/Print Name of Corporate Secy. Type/Print Name of President/Owner (CORPORATE SEAL) Date 17�7 CORPORATE ACKNOWLEDGEMENT STATE OF 9*1 COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , of , a Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this. day of , 20_ Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public ❑ Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. 71 AERIAL FIRE APPARATUS RFP 11-17R EVALUATION COMMITTEE SUMMARY -- FINAL RECOMMENDATION Proposer'a Name: pnc0 Hallmark AsllffiaW, Pierce 76' 78' S 519.810,00 S 599,BBB.gO q u9a q:': Technical Ca ab lit es Max 10Points) Assistant Fire Chief 10 10 10 Batallion Commander 10 10 10 Fire Lieutenant 8 8 9 Dtiver-En ineer 9 9 8 Fire fl hterlParamedie 10 10 10 Fleet Supervisor _ 8 a 8 Assistant Fire Chief 10 10 10 Batallion Commander 9 9 10 Fire Lieutenant 9 9 10 Driver - Engineer 10 10 10 Firefl hter/Paramedic 10 10 10 Fleet Supervisor 7 7 8 Qualifications of the Contractor (Max 16 points) Assistant Fire Chief 15 15 15 Batallion Commander _ 15 15 11 Fire Lieutenant 12 12 14 Driver -Engineer 14 14 13 Firefl filer/Paramedic 14 14 13 Fleet Supervisor 13 13 10 wuowlnml a[/ry1CiV a arlaillrmrlallGe ba a0111{re$limax 40 olnus) Assistant Fire Chief 45 1 45 35 Batallion Commander 44 44 35 Fire Lieutenant 42 42 40 Driver -Engineer 40 40 30 Firefl fifer/Faramedin 40 40 30 Fleet Supervisor _ 40 40 35 Price/Cost Max 20 points Assistant Fire Chief 20 19.73 19.35 Batallion Commander 20 19.73 19.35 Fire Lieutenant 20 19.73 19,35 Driver -Engineer _ 20 19.73 19-35 Firefl filer/Paramedic 20 19.73 19.35 Fleet Supervisor 20 19,73 19.35 Assistant Fire Chief 100 99.73 1 89.35 Batallion Commander 98 97.73 85.35 Fire Lieutenant 91 90,73 92.35 Driver -En ineer 93 92.73 80.35 Firefl hteNParamedic 94 93.73 82,36 Fleet Supervisor 88 87.73 80,35 TOTAL POINTS 564 55 .38 ;; 510.1 TOTAL RANKING Assistant Fire Chief 1 2 3 Batallion Commander 1 2 3 Fire Lieutenant 2 3 1 'Driver -En ineer 1 2 3 Fir�ramedic 1 2 3 Fleet Supervisor 1 2 3 1 2 3 TR12050 - EXHIBIT 2 Notes; Award recommendation for 78' unit due to fairly low dollar difference between 75' and 78', (78' was preferred configuration.) Reject two Stock units proposed by Pierce; Both units utilize a 2007 engine system, and not a 2010 or better system, which is contrary to NFPA certification requirements. Lowest price stock unit does not include barrier doors.