HomeMy WebLinkAboutItem 06.o CONTRACT FOR TWO RESCUE/ENGINES
Proposed Action
Staff recommends adoption of the following motion: Move to approve the contract for
two (2) Rescue/Engines from Rosenbauer Minnesota LLC, Wyoming, Minnesota.
Passage of this motion will result in purchase of two replacement rescue/engines.
Overview
LFD started the Capital Improvement budget process for replacing fire vehicles. The
current engines have been in service for 24 years (Engine 2/8282) and 21 years
(Engine 1/8184) respectively. Both engines are due for replacement in 2015 and 2016.
By purchasing the Rescue/Engines together there are cost savings to have both built
together and delivery for both would occur during the first quarter of 2016.
LFD staff recommends the purchase of the two Rescue/Engines from Rosenbauer
Minnesota LLC for $1,103,672. Purchase of the two Rescue/Engines will improve
safety, commonality of vehicles for mainten ance and operations at emergency incidents
in our community and with our mutual aid partners.
Primary Issues to Consider
What was budgeted for this purchase?
What are benefits of purchasing unit together?
How does this purchase impact the fire department s fleet?
Disposition of two engines and one rescue truck.
Supporting Information
_________________________
(Mike Meyer, Fire Chief)
Financial Impact: $1,103,672 Budgeted: Y/N __Y__ Source: 2015/16 Capital outlay
Related Documents (CIP, ERP, etc.): _______________________________________
Community Values: Good Value for Public Services
PRIMARY ISSUES TO CONSIDER
What was budgeted for this purchase?
The budget for Engine 2 (8282) and Engine 1 (8184) is $535,000 for 2015 and
2016. A vehicle committee was formed in November of 2014 made up of
members from each station. The committee spent the past months reviewing our
current engines and overall fleet to determine the future needs and operations of
the department. The committee researched, evaluated and analyzed
specifications as well as rescue/engine manufacturers. In 2013, the City Council
approved a Cooperative Joint Purchasing Agreement with H-GAC, a consortium
of government entities which solicits and awards bids to government
procurement of products and services. There will be two payments made for
both engines; the first in 2015 for $459,296 and the second payment will be due
on delivery in the 1st quarter of 2016 for $644,376. The timing and amount of the
2015 payment will result in a 2015 budget savings. This savings will be carried
forward to the 2016 budget to make the final payment. The purchase of two
Rescue/Engines provided by Rosenbauer has the lowest cost which meets City
of Lakeville specifications through the H-GAC joint purchasing program.
What are benefits of purchasing unit together?
The Rescue/Engines will create commonality in;
o Maintenance needs – Fleet Services can stock a uniform set of parts (if
needed), the manufacturer we are looking at is local in Minnesota s o the
parts are readily available.
o Operations for firefighters – The trucks would be consistent in features
which may reduce training hours between stations. Also, it will allow the
temporary moving of trucks between stations during maintenance down
time. The Rescue/Engines would be delivered at the same time.
How does this purchase impact the fire departments fleet?
Because the replacement, engines will have dual capacity as Rescue /
Pumpers they replace three existing vehicles;
Engine 2 (8282)
Engine 1 (8184)
Rescue 3 (8391)
Disposition of two engines and one rescue truck?
The City will advertise with used fire truck vendors and the units will be sold to
the highest bidder.
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CONTRACT FOR PURCHASE OF FIRE TRUCK
THIS CONTRACT made and entered into this 4th day of May, 2015, by and between the
CITY LAKEVILLE, a Minnesota municipal corporation ("City"), and ROSENBAUER
MINNESOTA LLC, WYOMING MN a division subsidiary of Rosenbauer America
("Contractor").
WHEREAS, the City in 2013 approved Cooperative Joint Purchasing Agreement with H-
GAC, a consortium of government entities which solicits and awards bids to government
procurement of products and services; and
WHEREAS, The Contractor has been award the contract by H-GAC for two (2) egnines
and the H-GAC contract for two (2) engines meets City requirements.
NOW THEREFORE, in consideration of the mutual undertakings herein, the parties
hereto agree as follows:
SECTION 1. CONTRACT DOCUMENTS. The following documents, attached hereto,
shall be referred to as the "Contract Documents", all of which shall be taken together as a whole as
the contract between the parties as if they were set out verbatim and in full herein:
• This document, entitled "Contract for Purchase of Fire Truck"
• Exhibit A – H-GAC Contract FS12-13 including specifications and warranties.
• Exhibit B – HGAC Contract Pricing Worksheet
• Exhibit C – Form E Procurement No. FS12-13
In the event of conflict among the provisions of these documents, the order in which they are listed
above shall control, with the document listed first having the highest priority. The Contract
Documents are fully a part of this Contract as if attached to this Contract or repeated herein.
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SECTION 2. ACCEPTANCE OF BID. Contractor shall perform the work as provided
in the Contract Documents. Contractor shall be engaged as an independent contractor and not as a
City employee.
SECTION 3. CONTRACT TIME/DELIVERY. The Contractor shall deliver the two
(2) engines as described in Exhibit A, B and C (herein referred to as “Apparatus”) to the City’s Fire
Department in Lakeville Minnesota. The Apparatus shall be ready for delivery from Contractor
within Three Hundred Sixty Five days calendar days from the date of this Contract. The delivery
is based on the Contractor receiving complete and accurate paperwork from the City and that no
major changes take place initiated by the City throughout the process. The time for delivery shall be
extended for the period of any reasonable delay due exclusively to unforeseeable causes beyond the
control, and without the fault of the Contractor, including but not limited to, acts of God, fires, and
floods. Labor strikes are deemed foreseeable. If the Contractor is more than sixty (60) days late in
delivering Apparatus, the City may terminate this Contract and the Contractor will promptly return
all payments made by the City. Contractor is subject to a $100.00 per day penalty if the Apparatus
is not delivered pursuant to the terms in Section of this Contract.
SECTION 4. SPECIFICATIONS. Contractor agrees that all material and workmanship
in and about the Apparatus shall comply with the Contract Documents. In the event of any conflict
between the Contract Documents and the Contractor's bid, the City’s Contract Documents shall
prevail except where noted in the City's clarifications to specifications, if any.
SECTION 5. PRICE/TERMS OF PAYMENT.
A. Price. As a contract price for the Apparatus, the City shall pay the sum of One
Million One hundred three thousand Six Hundred Seventy Two Dollars ($1,103,672.00) and Five
Thousand Five Hundred Eighteen Dollars ($5,518.00) for Payment and Performance Bond. The bid
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price includes all applicable taxes, if any.
B. Terms of Payment. Payment for the Two (2) Rosenbauer Commander 4000 Cabs
and Chassis in the amount of Four Hundred Fifty Nine Thousand and Two Hundred Ninety Six
Dollars ($459,296) shall be paid within 30 days after delivery and receipt of invoice from
Contractor. Payment for Two (2) Rosenbauer Heavy Duty EXT Pumper Bodies in the amount of
Six Hundred Forty Four Thousand Three Hundred Seventy Six Dollars ($644,376) shall be paid
within 30 days after delivery and receipt of invoice from Contractor. Full and Final payment shall
be made in full within thirty (30) days after the contractor has delivered the Apparatus to the City
and receipt of invoice.
SECTION 6. RISK OF LOSS. The Contractor shall bear the entire risk of loss caused by
damage or destruction of equipment or property furnished pursuant to the Contract Documents to
the time the Apparatus is delivered to the City.
SECTION 7. WARRANTIES. In addition to the warranties required in the specifications
the Contractor provides the following warranties. The Contractor is responsible for any and all
defects in workmanship and materials and upon notification by the City shall immediately replace
or repair the defective workmanship and materials without cost to the City. The Contractor warrants
that only new unused materials will be used. The Contractor further warrants to the City that all
materials and services furnished under the Contract will be in conformance with Contract
Documents and that the goods are of merchantable quality and are fit for the use for which they are
sold. These warranties are in addition to any manufacturer's standard warranty, and any warranty
provided by law.
SECTION 8. COPYRIGHT. Contractor shall defend actions or claims charging
infringement of any copyright or patent by reason of the use or adoption of any designs,
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drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage
resulting therefrom.
SECTION 9. PATENTED DEVICES, MATERIALS AND PROCESSES. If the
contract requires, or Contractor desires, the use of any design, devise, material or process
covered by letters, patent or copyright, trademark or trade name, Contractor shall provide for
such use by suitable legal agreement with the patentee or owner and a copy of said agreement
shall be filed with the City. If no such agreement is made or filed as noted, Contractor shall
indemnify and hold harmless the City from any and all claims for infringement by reason of the
use of any such patented designed, device, material or process, or any trademark or trade name
or copyright in connection with the services agreed to be performed under the contract, and shall
indemnify and defend the City for any costs, liability, expenses and attorney's fees that result
from any such infringement.
SECTION 10. INSPECTION AT DELIVERY. At the point of delivery, the City will
have ten (10) days to inspect the Apparatus for compliance with the Contract Documents. As the
result of the inspection, the City will:
A. Accept the Apparatus subject to an inspection report requiring correction and make
payment; or
B. Refuse to make payment until corrections are complete.
Refinements and improvements may be incorporated in the Apparatus quoted above at any time or
times prior to delivery, with the written approval of the City, whenever proven advantageous by
sound engineering development and thorough testing provided, however, that the refinements and
improvements will have no material adverse effect on performance and durability, nor result in an
increase in price.
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SECTION 11. CANCELLATION. This Contract may be cancelled by City upon
payment to Contractor of reasonable cancellation charges. Reasonable cancellation charges shall
mean actual costs reasonably incurred up to date of cancellation. Reasonable cancellations charges
shall also take into account Contractor's commitments and profit, if the profit can be calculated and
proven with reasonable certainty. This section, Section 11, does not apply to a termination under
paragraphs 3 and 12 of this Contract.
SECTION 12. PERFORMANCE AND PAYMENT BOND. Within fifteen (15)
calendar days after the execution of this Contract and before any work or services are rendered, the
Contractor shall furnish a performance bond and payment bond insuring the faithful performance of
the Contract and payment of all obligations arising thereunder pursuant to Section 574.26 of the
Minnesota Statutes, and in accordance with the Bid Specifications. If the bonds are not submitted
within the time frame, then the Contract shall be considered void and the City may elect to collect
the proposal bonds or security as liquidated damages.
SECTION 13. ASSIGNMENT. Neither party may assign, sublet or transfer any interest
or obligation in this Contract without the prior written consent of the other party, and then only upon
such terms and conditions as both parties may agree to and set forth in writing.
SECTION 14. PROMPT PAYMENT TO SUBCONTRACTORS. Pursuant to
Minnesota Statute § 471.25, Subdivision 4a, the Contractor must pay any subcontractor within ten
(10) days of the Contractor’s receipt of payment from the City for undisputed services provided by
the subcontractor. The Contractor must pay interest of one and one-half percent (1½%) per month
or any part of a month to subcontractor on any undisputed amount not paid on time to the
subcontractor. The minimum monthly interest penalty payment for an unpaid balance of One
Hundred Dollars ($100.00) or more is Ten Dollars ($10.00). For an unpaid balance of less than One
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Hundred Dollars ($100.00), the Contractor shall pay the actual penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be
awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action.
SECTION 15. WORKER’S COMPENSATION. The Contractor shall obtain and
maintain for the duration of this Contract, statutory Worker’s Compensation Insurance and
Employer’s Liability Insurance as required under the laws of the State of Minnesota.
SECTION 16. COMPREHENSIVE GENERAL LIABILITY. Contractor shall obtain
the following minimum insurance coverage and maintain it at all times throughout the life of the
Contract, with the City included as an additional name insured. The Contractor shall furnish the City
a certificate of insurance satisfactory to the City evidencing the required coverage:
A. Commercial General Liability Insurance
Products/Completed Operations Aggregate - $1,000,000.00
Each Occurrence - $1,000,000.00
B. Umbrella/Excess Liability Insurance
Aggregate - $25,000,000.00
Each Occurrence - $25,000,000.00
C. Blanket contractual (hold harmless) protection and fire, theft and vandalism
insurance for the full value of all materials and equipment furnished by the
Contractor.
SECTION 17. PRODUCT LIABILITY INSURANCE. Contractor must submit a
Certificate of Insurance listing the manufacturer's product liability insurance coverage. Liability
insurance shall be a minimum amount of five million dollars with coverage attained with a
minimum of $1,000,000.00 underlying insurance and $4,000,000.00 umbrella coverage.
Submitted Certificate shall name the apparatus manufacturer, insurance company, policy
number, and effective dates of the insurance policy.
SECTION 18. DATA PRACTICES/RECORDS.
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A. All data created, collected, received, maintained or disseminated for any purpose in
the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn.
Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as
well as federal regulations on data privacy.
B. All books, records, documents and accounting procedures and practices of the
Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the
City.
SECTION 19. U.L.I. CERTIFICATION. Contractor shall furnish City with a
Certificates of Testing for the Manufacturer's Preliminary Test and the ULI Certification Tests.
SECTION 20. DELIVERY MANUALS. Upon delivery of the Apparatus, Contractor
shall supply the following copies of delivery manuals on each Apparatus:
1. All warranties required by the Contract Documents.
2. Engine manufacturer's certified brake horsepower curve showing the maximum no
load governed speed;
3. Manufacturer's record of pumper construction details, per NFPA;
4. Manufacturer's run-in Certification with preliminary test results;
5. Pump Manufacturer's Certification of Hydrostatic Test;
6. Pump Manufacturer's Certification of Pump Test results;
7. The Certification of Inspection/Test of Fire Department Pumper by Underwriters
Laboratories, Inc.;
8. Weight documents from a certified scale showing actual loading on the front axle,
rear axle, and overall vehicle (with the water tank full but without personnel,
equipment, and hose);
9. At least two copies of the complete operation and maintenance manual covering the
completed Apparatus as delivered including the pump, emergency lighting and
sirens, portable fire pump, portable or built-in generator, or either furnished
accessories;
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10. Wiring diagrams of electrical systems, installed by Apparatus manufacturer;
11. A Delivery Manual, consisting of a 3-ring notebook type binder with reference tabs
for each section, shall be furnished to include the following item: individual
component manufacturer instructions and parts manuals, warranty forms for body,
warranty forms for all major components, warranty instructions and format to be
used for compliance with warranty objections, routine service forms/publications,
and technical publications or training guide for major components.
SECTION 21. MISCELLANEOUS.
A. The Contractor shall hold harmless and indemnify the City from any and all claims,
suits, and proceedings, including reasonable attorney fees and expenses, for infringement of any
software licenses, copyrights or patent, or patents, covering the property purchased hereunder.
B. Each and all of the covenants and agreements herein contained shall extend to and
be binding upon the successors and assigns of the parties hereto; provided however, that the
Contractor shall not assign this Contract with any person, firm, or corporation for the performance
of the Contractor's obligations hereunder, or any part thereof, without the written approval of the
City.
C. This Contract shall be governed by the laws of the State of Minnesota. In the event
of litigation the exclusive venue shall be in the District Court of the State of Minnesota for Dakota
County.
D. If either party waives any breach of this Contract by the other, such waiver shall not
constitute a waiver of any other or any succeeding breach of this Contract by either party, whether
of the same or any other covenant, condition or obligation.
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E. This Contract, and the Contract Documents, embody the entire understanding
between the parties relating to the subject matter contained herein, and merges all prior discussions
and agreements between them. No agent or representative of the Contractor has authority to make
any representations, statements, warranties or agreements not herein expressed.
THIS CONTRACT ENTERED INTO AS OF THE DAY AND YEAR FIRST ABOVE
WRITTEN.
CITY OF LAKEVILLE ROSENBAUER MINNESOTA LLC,
WYOMING MN
BY: ________________________________ BY: ________________________________
Matt Little, Mayor
BY:_________________________________ Its ______________
Charlene Friedges, City Clerk