SPECIFICATIONS, INSTRUCTIONS TO BIDDERS AND CONTRACT DOCUMENTS FOR PURCHASE OF FIRE TANKER

Transcription

1 Borough of Hopewell Mercer County New Jersey SPECIFICATIONS, INSTRUCTIONS TO BIDDERS AND CONTRACT DOCUMENTS FOR PURCHASE OF FIRE TANKER Bids Due: Wednesday, April 11, 2012 Time: 7:30 p.m. Place: Hopewell Fire Department Meeting Room of the Board of Fire Commissioners 4 Columbia Ave Hopewell, NJ Phone: (609) Fax: (609)

2 Table of Contents: Section 1 Legal Requirements... 3 Section 2 Technical Specifications.. 24 Section 3 Additional Options Section 4 Exhibits, Appendices, and Submissions

3 SECTION 1 LEGAL REQUIREMENTS 3

4 SECTION I SUBMISSION / WITHDRAWAL OF BIDS A. Sealed bids for the manufacture and delivery of a custom fire tanker apparatus will be received by the Board of Fire Commissioners, Hopewell Borough Fire District No. 1, in the County of Mercer, New Jersey (the Board ), in accordance with public advertisement as required by law, a copy of which Notice being attached hereto and made a part of this Invitation for Bids (IFB) and specifications. The Board is the sole contact for all purposes of this IFB. B. Bids will be received, opened and read aloud in the meeting room of the Board at the Hopewell Borough Fire Department firehouse at 4 Columbia Avenue, Hopewell, NJ 08525, on WEDNESDAY, APRIL 11, 2012, at 7:30 p.m. prevailing time, as stated in the Notice to Bidders. C. Each bid shall be submitted in a sealed envelope: (1) addressed to the Board, (2) bearing the name and address of the bidder written on the face of the envelope, (3) clearly marked Bid for Tanker and (4) indicating the date and bid opening time. If the bid is presented in person it shall be submitted and received by the Commissioners at the above address between the hours of 7:15 and 7:30 p.m. prevailing time. No bid will be received after 7:30 p.m. If the bid is submitted by mail, it shall be addressed to the Board of Fire Commissioners, Hopewell Borough Fire District No. 1, 4 Columbia Avenue, P.O. Box 141, Hopewell, NJ D. It is the bidder s responsibility that bids are presented to the Board at the time and at the place designated. The Board disclaims any responsibility for the loss or destruction of any bids mailed (regular or overnight)or delivered (in person or by courier)to the above address prior to the time set for bid opening. Delivery dates imprinted on bid packages and/or postmark dates will not be considered in determining the timeliness of bids. Nor will the Board consider any bids transmitted by electronic means (computer, facsimile or telephone bids, etc.) Bids received after the designated time and date will be returned unopened. 4

5 E. Sealed bids forwarded to the Board before the time of opening of bids may withdrawn, modified, altered or amended only by written request received by the Board prior to the date and time (originally established or as rescheduled) set for bid opening. The Board is not responsible for the loss or destruction of any requests mailed or delivered other than in person to a Board member. Delivery dates or postmark dates imprinted on requests will not be considered in determining their timeliness. The bidder shall be required to produce evidence showing that the individual is or represents the principal or principals involved in the bid. No bid may be withdrawn for any reason whatsoever after the closing time for receipt of bids (7:30 p.m.). After such time a bidder may not withdraw its bid unless the Board fails to accept it within sixty (60) days from the date of bid opening. F. No Pre-Bid Conference is required for this bid. G. Each bidder shall submit one original and two (2) copies of its bid proposal. H. The bidder must submit a complete response to this IFB. Partial bids or those that do not conform to the format specified herein will not be considered. I. Prices and amounts must be printed in ink or preferably machineprinted, in both words and numbers. Bids containing any conditions, omissions, unexplained erasures or alterations, or irregularities of any kind may be rejected by the Board. Any changes, whiteouts, strikeouts, etc. in the bid must be initialed in ink by the person signing the bid. J. It is mandatory, by law, that each bid proposal form give the full business name and address, business phone, fax, if available, the contact person of the bidder, and be signed by an authorized representative as follows: 1. Bids by partnerships must furnish the full name of all partners and must be signed in the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and designation of the person signing. 5

6 2. Bids by corporations must be signed in the legal name of the corporation, followed by the name of the State in which incorporated, and must contain the signature and designation of the president, secretary or other person authorized to bind the corporation in the matter. 3. Proposals by a sole-proprietorship shall be signed by the proprietor. 4. When requested, satisfactory evidence of the authority of the person signing the proposal shall be furnished. K. Bidders should be aware of the following statutes that represent Truth in Contracting laws: a. NJSA 2C:21-34, et.seq. governs false claims and representations by bidders. It is a serious crime for the bidder to knowingly submit a false claim and/or knowingly make a material misrepresentation. b. NJSA 2C:27-10 provides that a person commits a crime if said person offers a benefit to a public servant for an official act performed or to be performed by a public servant, which is a violation of official duty. c. NJSA 2C:27-11 provides that a bidder commits a crime is said person, directly or indirectly, confers or agrees to confer any benefit not allowed by law to a public servant. d. Bidders should consult the statutes or legal counsel for further information. L. All bids shall be on approved bid forms and in the format prescribed herein. Each bidder shall complete the attached Cover Page (Bid Proposal Page), Bid Documentation Submission Checklist, Stockholder Disclosure Certification, Acknowledgement of Receipt of Changes to Bid Documents Form, and Non-Collusion Affidavit attached to these Specifications, which shall become a vital part of the bid proposal. 6

7 SECTION II BID SECURITY AND BONDING REQUIREMENTS A. Each bid must be accompanied by a Bid Bond, Certified Check or Cashier s Check, payable unconditionally to the Board of Fire Commissioners, Hopewell Borough Fire District No. 1, in the amount of 10% of the total bid price, but not in excess of $20, The Bid Bond shall be accompanied by Power of Attorney for the full amount of the Bid Bond from a surety company authorized to do business in the State of New Jersey and acceptable to the Board. The check or bond of the unsuccessful bidder(s) shall be returned pursuant to NJSA 40A:11-24(a). The check or bond of the bidder to whom the contract is awarded shall be retained until a contract is executed and the required performance bond is submitted. The check or bond of the successful bidder shall be forfeited if the bidder fails to enter into a contract with the Board or submit an acceptable performance bond within the time specified herein. In case of failure to comply within the stated time the bid bond will be forfeited as liquidated damages because of the default. Failure to submit a bid guarantee shall result in rejection of the bid. B. Each bidder shall also submit with its bid a Certificate (Consent of Surety) with Power of Attorney for the full amount of the bid from a surety company authorized to do business in the State of New Jersey and acceptable to the Board stating that it will provide on behalf of the bidder a Performance Bond in the full amount of the bid. Failure to submit this Consent of Surety shall result in rejection of the bid. C. Simultaneously with the delivery of the executed contract bidder shall submit an executed bond in the amount of one hundred percent (100%) of the bid amount as security for the faithful performance of the contract. Failure of the contractor to complete delivery according to the contract and specifications will be cause to begin action for forfeiture of the performance bond. The performance bond shall not be released until final acceptance of the apparatus. The performance bond shall also specifically guarantee compliance and performance with the warranty provisions of the specifications. D. All bonds must be underwritten only by surety companies authorized to do business in the State of New Jersey pursuant to N.J.S.A. 17:31-7

8 5, and only on behalf of the bidder. Bonds on behalf of salesmen, agents, or subcontractors are not acceptable. All surety companies must have a minimum A.M. Best rating of A. The purchaser may review the financial condition of the surety and accept or reject any surety in its discretion. SECTION III INTERPRETATION AND ADDENDA A. The bidder understands and agrees that its bid is submitted on the basis of the specifications prepared by the Board. The bidder accepts the obligation to become familiar with these specifications. B. The submission of a bid shall be considered the bidder s representation that it understands the requirements and conditions of these specifications and the goods to be furnished. The Board will make no allowance or concession for a bidder s failure to examine the bid documents and specifications before submitting a bid. C. No oral interpretation and/or clarification of the meaning of the specifications will be made to any bidder. The Board will not be responsible for oral interpretations or clarifications which anyone presumes to make on its behalf. Any request for interpretation or clarification shall be in writing addressed to Chairman, Board of Fire Commissioners, Hopewell Borough Fire District No. 1, c/o 109 Lambertville-Hopewell Road, Hopewell, New Jersey In order to be given consideration, a written request must be received at least seven (7) business days prior to the date fixed for the opening of the bids. Any questions which in the opinion of the Board require interpretation or clarification and any supplemental instructions will be in the form of written addenda to the specifications, and will be distributed to all prospective bidders (anyone who has submitted a bid or has received a bid package). All addenda so issued shall become part of the specifications and bid documents, and receipt shall be acknowledged by the bidder on the Acknowledgment form located in the appendices. D. These specifications shall, in all cases, govern construction of the apparatus, unless a properly documented Exception is approved. Should any dispute arise respecting the construction and meaning of the 8

9 specifications, or any addenda thereto, it shall be decided by the Board of Fire Commissioners, whose decision the bidder agrees shall be final. Any bid indicating that the manufacturer s proposal shall supersede the specifications will be considered a complete substitute specification and immediately rejected. E. If there is a discrepancy in the bid between the dollar or quantity amount shown in words and its equivalent in figures, the written words shall be binding. SECTION IV - INSURANCE AND INDEMNIFICATION A. Each bidder shall submit with its bid evidence of insurance acceptable to the Board for general and automotive liability, property damage, and product-completed operations liability coverage in an amount acceptable to the Board. In addition, evidence of excess (umbrella) liability insurance in an amount acceptable to the Board shall also be provided. All coverage shall be with an insurance company authorized to do business in the State of New Jersey. Failure to provide this documentation may render the proposal non-responsive and the bid may be rejected. B. The successful bidder will be required to submit with the contract a Certificate of Insurance, naming and protecting the Board of Fire Commissioners and Hopewell Borough Fire District No. 1 as additional insured s, in the same amounts specified in the proposal during the term of the contract. This certificate shall be from the prime builder only certificates submitted from various subcontractors in order to reach the stated amount of insurance will not be acceptable. The Certificate must be an original. Submission of a photocopy or a Certificate that does not properly name the additional insured s will not meet the requirements of these specifications. C. The successful bidder also will be required to submit evidence of Workers Compensation Insurance at the time of contracting with the Board, covering all employees engaged in the performance of the contract, pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C. 12: , which insurance the bidder warrants shall remain in effect throughout the life of the contract. 9

10 D. The successful bidder shall defend and hold harmless the Board for any and all suits and assume all liability for the use and performance of any patented process, device, or article forming a part of the apparatus or any appliance furnished under the contract. E. The successful bidder shall indemnify and hold harmless the Board from all claims, suits or actions, and from liability, damages or costs of every name and description to which the Board may be subjected by reason of injury to the person or property of another, or the property of the purchaser, resulting from acts or omissions on the part of the bidder, the bidder s servants, agents, or subcontractors in the performance of work under the contract, as well as from any improper or defective materials or machinery, implements or appliances used in the performance of the contract. F. The bidder shall indemnify and hold the purchaser harmless from any liability to its employees and subcontractors/suppliers concerning workers compensation claims, and/or for payment for work performed or materials supplied arising out of the performance of the contract. SECTION V PRICING INFORMATION FOR PREPARATION OF BIDS A. The Board is an exempt organization within the terms of the New Jersey State Sales and Use Tax Act. It is exempt from any local, state or federal sales, use or excise tax. B. The bidder shall be responsible for obtaining any applicable permits or licenses from any government entity that has jurisdiction to require same. All bids submitted shall have included this cost. C. The total price set forth on the Bid Proposal Page for the manufacture and delivery of the apparatus must include all items set forth in these specifications. Listing any item or items contained in these specifications, except the Additional Options enumerated at the end of the technical specifications, as an extra cost will be cause for rejection of the bid. 10

11 The individual prices for the Additional Options shall be set forth separately on a page entitled Additional Options and attached to the bid proposal. D. Payment terms, including any required prepayments or progress payments, must be explained in detail and clearly indicated on the Bid Proposal Page. E. The bidder should include with its bid a statement of all discounts available. This may include, but not be limited to discounts for prepayment or progress payments during manufacture, and cash discounts. SECTION VI LEASE-PURCHASE A. The bidder must include with its bid a copy of its current lease-purchase plan. B. The lease-purchase program must provide options for lease terms of five, seven, and ten years; provide an option to purchase and provide that lease payments may be credited towards the purchase price if the Board, at its sole option, decides to purchase the apparatus; provide that any lease shall contain a clause making it subject to the availability and appropriation annually of sufficient funds as may be required to meet the Board s extended obligation, or shall contain an annual cancellation clause. C. The bidder must state whether there is a pre-payment or early payoff penalty involved with the lease-purchase plan. SECTION VII - STATUTORY AND OTHER REQUIREMENTS A. MANDATORY AFFIRMATIVE ACTION CERTIFICATION No firm may be issued a contract unless it complies with the affirmative action provisions of the New Jersey Department of Treasury Equal Employment Opportunities and Affirmative Action Regulations (NJSA 10:5-31 and NJAC 17:27-1 et seq., as amended supplemented or updated, and Federal employment and discrimination laws as the same may be applicable to the bidder. 11

12 Bidder shall review Exhibit A hereto attached, the full required regulatory text, and shall submit to the Board, after notification of award but prior to execution of any contract, one of the following three documents as forms of evidence of compliance: 1. A photocopy of a valid letter that the bidder is operating under an existing Federally approved or sanctioned affirmative action program (good for one year from the date of the letter); or 2. A photocopy of a Certificate of Employee Information Report approval, issued in accordance with NJAC 17:27-4; or 3. A photocopy of an Employee Information Report -Form AA302- completed in accordance with NJAC 17:27-4(form can be downloaded at A bid shall automatically be rejected as non-responsive if the contractor fails to comply with the requirements of NJSA 10:5-31 and NJAC 17:27. B. AMERICANS WITH DISABILITIES ACT OF 1990 Discrimination on the basis of disability is prohibited. Bidder shall read the Americans With Disabilities language attached hereto as Exhibit B and agrees that the provisions of Title II of the Act will be made a part of any contract awarded in response to this request for proposals. Each bidder shall be obligated to comply with the Act and agrees to hold the Board harmless for any claims arising thereunder. C. STOCKHOLDER DISCLOSURE (NJSA 52: ) (Forms in appendix) No corporation or partnership shall be awarded any contract for the performance of any work or the furnishing of any goods and services, unless, prior to the receipt of the bid or accompanying the bid of said corporation or partnership, bidders shall submit a statement setting forth the names and addresses of all stockholders in the corporation or partnership who own ten percent or more of its stock of any class, or of all individual partners in the partnership who own a ten percent or greater interest therein. This disclosure shall be completed and attached 12

13 to the bid proposal. This requirement applies to all forms of corporations and partnerships, including, but not limited to, limited partnerships, limited liability corporations, limited liability partnerships and Subchapter S corporations. Failure to submit a stockholder disclosure document shall result in rejection of the bid. D. PROOF OF BUSINESS REGISTRATION (NJSA 52:32-44) Each business entity must submit with its bid proposal proof of business registration, that is, a copy of a BUSINESS REGISTRATION CERTIFICATE (BRC) issued by the New Jersey Division of Revenue. Failure to submit will, by law, result in immediate rejection of the bid proposal. Information on how to obtain a certificate is available at or by phone at (609) NJSA 52:32-44 imposes the following requirements on contractors and all subcontractors that knowingly provide goods or perform services for a contractor fulfilling this contract: 1) The contractor shall provide written notice to its subcontractors and suppliers of their responsibility to submit proof of business registration to the contractor. 2) Before final payment on the contract is made, the contractor shall submit to the contracting agency an accurate list of all subcontractors or supplier used in the fulfillment of the contract, or shall attest that no subcontractors were used. 3) During the term of the contract, the contractor and each of its affiliates shall collect and remit, and shall notify all subcontractors and each of their affiliates that they must collect and remit to the Director, New Jersey Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act (NJSA 54:32B-1 et seq.) on all sales of tangible personal property delivered into this State, regardless of whether the tangible personal property is intended for a contract with a contracting agency. A contractor, subcontractor or supplier that fails to provide proof of business registration or provides false business registration information 13

14 shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000 for each business registration not properly provided or maintained under a contract with a contracting agency. Information on the law and its requirements is available by calling (609) E. NON-COLLUSION AFFIDAVIT A Non-Collusion Affidavit, included in the appendix, shall be properly executed and submitted with the bid proposal. F. PAY TO PLAY Starting in January, 2007, business entities are advised of their responsibility to file an annual disclosure statement of political contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to NJSA 19:44A if they receive contracts in excess of $50,000 from public entities in a calendar year. Business entities are responsible for determining if filing is necessary. Additional information on this requirement is available from ELEC by phone at or at F. CONFLICT OF INTEREST Each bidder must comply with the New Jersey Conflict of Interest Law, NJSA 52:13D-12, et seq. If the low or successful bidder is a member of the Legislature, or a State, County or Municipal employee, or if the bidder is a business entity of which more than ten percent (10%) is owned or controlled by a member of the Legislature or a State, County or Municipal officer or employee, approval of the Joint Legislative Committee on Ethical Standards or the Executive Committee on Ethical Standards, as the case may be, must be received by the Board within ten (10) days of notice to the bidder that its bid was the low or successful bid. Failure to comply with the above or any provision of the New Jersey Conflict of Interest Law will result in disqualification of the bid. The bidder is to detail this information on the Stockholder Disclosure Form located in the Appendices hereof. 14

15 SECTION VIII PROTEST AGAINST AWARD A. The Board will notify all bidders in writing of the most responsive bid. Any objection to the decision of the Board must be submitted in writing to the Board within five (5) days of receipt of said notification. Any objection filed must set forth specific grounds for challenging the award. SECTION IX - CONTRACT INFORMATION A. The successful bidder (vendor) shall assume sole responsibility for the vehicle offered in the bid. The Board will consider the selected vendor to be the sole point of contact with regard to all matters associated with the specifications and contract. B. All bids shall remain firm for a period of sixty (60) days from the date of the bid opening. The Board reserves the right to reject any or all bids, in whole or in part, within sixty (60) days after the opening thereof. C. The successful bidder shall enter into a contract with the Board for the services, material or equipment to be furnished not later than twenty-one (21)days, Sundays and holidays excepted, or as otherwise agreed upon by the parties, after the Board notifies the successful bidder of the bid award. D. The contents of this Invitation for Bids and Specifications and any Addenda thereto, together with the successful bidder s Proposal as accepted by the Board, will become part of any contract awarded. Terms of the specifications/bid package prevail. Bid exceptions must be formally accepted by the Board. E. Pursuant to requirements of N.J.A.C. 5:30-5.1, et seq., any contract resulting from this bid shall be subject to the availability and appropriation of sufficient funds annually. Additionally, any contract resulting from this bid will be contingent on approval of a financing package to be proposed by the purchaser by the Local Finance Board of the State of New Jersey. 15

16 F. The Board reserves the right to waive minor defects, to cancel or terminate the contract at any time if this IFB and specifications or the terms of the contract are not complied with, or for any other good and sufficient reason if deemed in the best interests of the Board to do so. The Board shall incur no financial liability for cancellation or termination, and in such event the Board shall be relieved of any obligation to the bidder or its agents for any sum or sums set forth in the contract. G. Any contract may be modified or amended only by a written instrument executed by both the Board and the vendor. H. Board vouchers must have "Claimant's Certification and Declaration" properly executed and must be forwarded with invoice copies to the Board of Fire Commissioners, Hopewell Borough Fire District No. 1, P.O. Box 141, Hopewell, NJ 08525, prior to any payment being made by the Board of Fire Commissioners. Bidders shall be aware that it can take up to thirty (30) days to process payment. I. Bidders are hereby put on notice that prequalification with the State of New Jersey, or any agency or subdivision thereof, may or may not serve as a basis to qualify a bidder for the award of services herein. Bidders should not generally rely on the prequalification received from another agency for evidence of qualifications required within. SECTION X - BRAND NAMES, STANDARDS OF QUALITY AND PERFORMANCE A. Whenever a brand or manufacturer s name is used in these specifications it is included for descriptive purposes and to establish a level of quality. B. Should the bidder offer an item or design element other than that specified it is the responsibility of the bidder to document and/or demonstrate the equivalency of the goods and services offered, the final determination of which bidder agrees shall be made by the Board. Full supporting evidence of substitutions must be furnished. Simply providing manufacturer literature will not be considered justification for the substitution. 16

17 C. All substitutions must be listed as Exceptions for evaluation. D. As set forth in NJSA 40A:11-18, only manufactured materials and products of the United States, wherever available, shall be furnished. Further, preference will be given to bids of companies organized and/or incorporated in the United States of America. The entire apparatus shall be assembled within the borders of the Continental United States. E. The bidder and each subcontractor (if any) shall warrant its adherence to all requirements of applicable local, state and federal laws, regulations and safety standards relating to the construction of commercial vehicles as well as of fire apparatus in effect at the time of the bid. Should these specifications be inconsistent in any way with these laws, regulations or standards as in existence now, or at any time during the bidding process, the bidder shall specifically set forth each inconsistency in its bid proposal. Further, the successful bidder agrees to notify the purchaser in writing of any change or amendment to these laws, regulations or standards which render the specifications inconsistent therewith during the manufacturing process. SECTION XI RELIABILITY OF THE BIDDER A. The manufacturer must be satisfactory to the Board from the standpoint of experience, reliability, and demonstrated ability to manufacture equipment comparable as to size and type as that specified. The Board may make such investigations as it deems necessary to determine the ability, experience and reliability of the bidder/manufacturer. The bidder shall furnish the Board with all such additional information and data as the Board may request. B. The solvency of the manufacturer is a prime concern. Bidder s/manufacturer s most current financial statement from Dun and Bradstreet or another nationally recognized accounting firm and annual report should be provided with each proposal to enable the purchaser to evaluate the financial ability of each manufacturer to perform the work called for in these specifications. 17

18 C. The bidder shall state how long it or its manufacturer has been manufacturing fire apparatus of the sort called for in these specifications, and state how long the bidder has been selling and servicing fire apparatus. D. The bidder shall provide with its proposal a list of fire departments, located in the States of New Jersey, New York or Pennsylvania, that have purchased the same type of apparatus from the bidder over the past five (5) years, including address, phone number and contact person at the fire company. No prototype or experimental apparatus will be accepted. E. Preferably the entire job shall be done without any subcontracting. No work on this vehicle shall be subcontracted unless specifically identified in the bid proposal. If any part of the job is proposed to be performed by subcontracting, each specific element to be subcontracted, and the name, address and contact person at the subcontractor s facility shall submitted with the bid. SECTION XII - ABILITY TO PROVIDE SERVICE A. The experience and reliability of the factory authorized service center is of major concern. Each bidder shall supply with its proposal, detailed information on the bidder s ability to provide routine and emergency service on the apparatus after delivery. The service facility must comply with the following criteria to be considered, and must state in their Exceptions to Specifications each element with which they don t comply: 1. Bidder or its representative is the authorized warranty and service outlet for the apparatus being bid, and employs factorytrained and EVT-certified technicians. State number of employees meeting this criteria. State the number of years experience in repairing and maintaining fire apparatus of the make and type apparatus being bid. 2. Factory Authorized Service, as well as normal maintenance and repairs, and warranty work will be available in the 18

19 purchaser's fire station. Bidder or its representative has mobile service vans for this purpose. State the number of mobile service vans available to provide such service and maintenance. Bidders should include photos of the interior of their service vans. 3. Bidder or its representative maintains a fully-staffed, fixed service base, capable of providing all maintenance and service required of the apparatus, within a reasonable distance of purchaser's fire station. This facility provides heated, protected, indoor storage for the apparatus while service is being performed. State the name and location of this service base with the bid, the number of miles it is from Hopewell, New Jersey, and recent interior and exterior photos of the authorized New Jersey service facility. 4. Bidder or its representative is capable of providing 24-hour emergency service with EVT certified technicians, and responding to all "out of service" calls within twenty-four (24) hours of notification by purchaser. 5. Bidder has a stock of routine repair parts at the service center location cited in XII(3) above. The Board reserves the right to reject bids of vendors who, in the Board s sole opinion, cannot produce satisfactory evidence that this inventory is available and that they can furnish promptly all other parts needed for service or repair of the apparatus. The Board reserves the right to visit the bidder s facility for purposes of evaluation. SECTION XIII WARRANTY A. Each bidder must clearly state and furnish with the bid proposal the warranty terms and conditions under which this proposal is being offered, the minimum acceptable durations of which are set forth within. B. All major components purchased by the manufacturer for this apparatus shall be identified and their respective warranties listed as part of the bid proposal together with a clear indication of service and labor costs, if any, to replace defective purchased parts. 19

20 C. Upon delivery, the bidder shall supply a full manufacturer s warranty for the vehicle and all component parts, as well as a warranty for the bidder s and all subcontractors work, effective from the date of delivery of the vehicle. The warranty paperwork shall be delivered directly to the Hopewell Borough Board of Fire Commissioners. Failure to supply all warranties may delay processing of the vendor s invoice and voucher for payment. Bidder agrees that it will be the sole source and contact to resolve any and all warranty claims regarding the vehicle, the component parts and the assembly of same. The Board shall be able to look only to the bidder for satisfaction of all warranties. D. The bidder should note if extended warranties are available. SECTION XIV -CONSTRUCTION SAMPLE AND PARTS/TOOLS A. Prior to the award of a bid, or at any time thereafter, each bidder may be required to present to the Purchaser for inspection, at the Hopewell Borough Fire Department firehouse, apparatus built to the same or similar construction specifications proposed by the bidder. B. As herein set forth in more detail, successful bidders must furnish complete parts lists and operating, care and maintenance instructions on all equipment to facilitate obtaining parts, kits, etc. C. Where special tools which are not normally used or available are required to service any components of the apparatus, such tools shall be provided with the apparatus. SECTION XV - PRE-DELIVERY SERVICE A. Upon completion of the unit and its delivery to the New Jersey service center, but prior to delivery to the customer, the apparatus shall undergo a complete service with respect to changing the engine transmission oils and filter, and fuel filters. All other fluid levels shall be checked and brought to their proper levels. All chassis components shall be re-torqued as required by the manufacturer's pre-delivery inspection sheet and service bulletins. The apparatus is not to be delivered to the fire station to begin training until this service is performed. Proof of compliance with this paragraph shall be presented at the time the apparatus is delivered to the fire station. 20

21 SECTION XVI DELIVERY AND LIQUIDATED DAMAGES A. The bidder must state a firm delivery time (number of calendar days from the date of contract to the date of delivery) of the completed unit on the Bid Proposal Page. Quoting a number of days after receipt of components is unacceptable. B. The apparatus shall be completely equipped as per these specifications upon arrival and on completion of the required tests shall be ready for immediate service in the fire department of the purchaser. Any and all alterations required at the scene of delivery to comply with these specifications must be done at the contractor s expense. C. The successful bidder shall be responsible for delivery of the apparatus from its facility to the Hopewell Borough Fire Department firehouse at no expense to purchaser. The apparatus shall be DELIVERED UNDER ITS OWN POWER; rail or truck freight is not acceptable. A qualified delivery engineer representing the manufacturer shall deliver the apparatus and remain in the municipality of the purchaser for a sufficient length of time to instruct personnel in the proper operation, care and maintenance of the equipment delivered. D. The apparatus must fit inside the Hopewell Borough fire station at the time of delivery or it will not be accepted. E. The completed apparatus shall be delivered within the time stated by the bidder on its Bid Proposal Page. Delays beyond this time will be considered unsatisfactory performance and the bidder will be responsible for damages to the Board for late delivery. As the assessment of actual damages may be problematic, the vendor agrees to pay liquidated damages, which will be deducted from the contract price of the apparatus, in the amount of Two Hundred Dollars ($200.00) per day for each day over and above the quoted delivery date. Should the Board grant an extension of the time for delivery in writing, a failure to deliver the vehicle beyond the time of any extension(s) shall result in similar deductions being made. The liquidated damages for delay will also apply if the unit is delivered and rejected until the unit is brought into full compliance with the specifications. Any deductions allowed under this section 21

22 shall be in addition to any other claim or remedy the Board may have against a successful bidder for a failure to comply with these specifications. SECTION XVII - REJECTION AND TERMINATION OF CONTRACT A. Failure of the apparatus to meet the test requirements of these specifications shall be cause for rejection. B. The apparatus will be inspected upon delivery for compliance with these specifications. Deviations will not be tolerated unless they were originally listed in the bidder s proposal. Purchaser shall have thirty (30) days from the date of delivery or from the date the apparatus is put into service, whichever is later, to inspect the vehicle for compliance. In the event that the completed apparatus fails to comply in full with these specifications, and unless within thirty (30) days of receipt of notice from the purchaser as to the failure of the apparatus to meet the specifications the bidder conforms the apparatus to the specifications in such manner as is acceptable to the purchaser, the purchaser shall have the right to reject the apparatus and incur no liability for same. Rejection shall be at the sole expense of the bidder. The fact that the purchaser keeps or stores the apparatus in its facility, or uses the apparatus during the above-specified period, shall not constitute acceptance. Insurance covering loss, theft and liability shall remain the responsibility of the bidder until formal acceptance of the apparatus is completed. C. The Board shall not be held responsible or liable for any costs incurred by bidder in any respect for the rejection of the apparatus, and shall be relieved of all obligations to the bidder, financial or otherwise. Upon rejection, any sums paid by the purchaser to the bidder prior to rejection shall be reimbursed to purchaser in full, with interest earned, and no set-off. D. Notwithstanding the foregoing, the bidder shall not be relieved of liability to the purchaser for damages sustained by the purchaser by virtue of rejection of the apparatus pursuant to this Section XVII, or by virtue of any breach of the contract, noncompliance with the specifications, or any other default by the bidder or its agents or representatives. E. In the case of default by the vendor the purchaser may procure the manufacture of the apparatus specified herein from another source and the bidder shall be responsible for any excess cost incurred by the purchaser above that set forth in the bidder s Bid Proposal. 22

23 SECTION XVIII - ASSIGNMENT/APPLICABLE LAW A. The bidder shall not assign or transfer any interest in the contract without the prior written consent of the purchaser. B. If, during the life of the contract, the vendor disposes of its business by acquisition, merger, sale and/or transfer or by any means convey its interest to another party, all obligations are transferred to that new party. In this event, the new owner(s) will be required to submit all documentation/legal instruments that were required in the original bid/contract. Any change shall first be approved by the purchaser. If the purchaser does not approve, for any reason, the contract shall be deemed breached by the vendor and shall become null and void, with no liability on the part of the purchaser. C. These specifications and any contract arising herefrom shall be construed according to the laws of the State of New Jersey and the successful bidder agrees to submit to the jurisdiction of the courts of New Jersey should any issue arise hereunder. ***Technical Specifications and Additional Options Follow*** 23

24 SECTION 2 TECHNICAL SPECIFICATIONS 24

25 INTENT OF SPECIFICATIONS It is the intent of these specifications to cover the furnishing and delivery to the purchaser a complete apparatus equipped as hereinafter specified. With a view of obtaining the best results and the most acceptable apparatus for service in the fire district, these specifications cover the general requirements as to the type of construction and tests to which the apparatus must conform, together with certain details as to finish, equipment and appliances with which the successful bidder must conform. Minor details of construction and materials where not otherwise specified are left to the discretion of the contractor, who shall be solely responsible for the design and construction of all features. The apparatus shall conform to the requirements of the current (at the time of bid) National Fire Protection Association Pamphlet #1901 for Motor Fire Apparatus unless otherwise specified in these specifications. Some items in the specification may exceed NFPA standards and will be considered minimum for compliance. STATEMENT OF EXCEPTIONS TO NFPA 1901 If, at the time of delivery, the apparatus manufacturer is not in compliance, a statement of exceptions must be provided as follows: The specific standard affected. A statement describing why the manufacturer is not in compliance. A description of the remedy, and who the responsible party is. The document must be signed by an officer of the company, and an authorized agent of the purchaser. NO EXCEPTIONS GENERAL CONSTRUCTION The apparatus shall be designed and the equipment mounted with due consideration to distribution of load between the front and rear axles so that all specified equipment, including filled water tank, a full complement of personnel and fire hose shall be carried without injury to the apparatus. 25

26 Weight balance and distribution shall be in accordance with the recommendations of the International Association of Fire Chiefs and National Fire Association (or American Insurance Association). Certified Laboratories certificate shall be submitted by the manufacturer. Weight of apparatus shall meet all federal axle load laws. FAMA COMPLIANCE Manufacturer must be a current member of the Fire Apparatus Manufacturer's Association. QUALITY AND WORKMANSHIP The design of the apparatus must embody the latest approved automotive engineering practices. The workmanship must be the highest quality in its respective field. Special consideration shall be given to the following points: Accessibility to various areas requiring periodic maintenance, ease of operation (including both pumping and driving) and symmetrical proportions. Construction must be rugged and ample safety factors must be provided to carry loads as specified and to meet both on and off road requirements and speed as set forth under "Performance Test and Requirements." PERFORMANCE TESTS AND REQUIREMENTS A road test shall be documented with the apparatus fully loaded and a continuous run of ten (10) miles or more shall be made under all driving conditions, during which time the apparatus shall show no loss of power or overheating. The transmission drive shaft or shafts, and rear axles shall run quietly and free from abnormal vibration or noise throughout the operating range of the apparatus. The apparatus, when loaded, shall be approximately 66% on the rear axle. The successful bidder shall furnish a weight certification showing weight on the front and rear axle, and the total weight of the completed apparatus at the time of delivery. 26

27 A. The apparatus must be capable of accelerating to 30 MPH from a standing start within 25 seconds on a level concrete highway without exceeding the maximum governed engine RPM. B. The service brakes shall be capable of stopping the fully loaded vehicle within 35 feet from a speed of 25 MPH on a level asphalt highway. C. The apparatus, fully loaded, shall be capable of obtaining a speed of 50 MPH on a level highway with the engine not exceeding 95% of its governed RPM (full load). D. The apparatus shall be tested and approved by a qualified testing agency in accordance with their standard practices for pumping engines. E. The contractor shall furnish copies of the Pump Manufacturer's Certification of Hydrostatic Test (if applicable), the Engine Manufacturer's current Certified Brake Horsepower Curve and the Manufacturer's Record of Construction Details. FAILURE TO MEET TESTS In the event the apparatus fails to meet the test requirements of these specifications on the first trial, a second trial may be made at the option of the bidder within thirty (30) days of the date of the first trials. Such trials shall be final and conclusive and failure to comply with these requirements shall be cause for rejection. Permission to keep and/or store the apparatus in any building owned or occupied by the purchaser shall not constitute acceptance of same. EXCEPTIONS TO SPECIFICATIONS The following specifications shall be strictly adhered to. Exceptions shall be considered if they are deemed equal to or superior to the specifications, 27

28 provided they are fully explained on a separate page entitled EXCEPTIONS TO SPECIFICATIONS." Exceptions shall be listed by page and paragraph. Failure to denote exceptions in the above manner shall result in immediate rejection of the proposal. In addition a general statement taking "TOTAL EXCEPTION" to the specifications shall result in immediate rejection of bid. CONTRACTOR SPECIFICATIONS Each bid shall be accompanied by a set of "Contractor's Specifications" consisting of a detailed description of the apparatus and equipment proposed and to which the apparatus furnished under contract must conform. Computer run-off sheets are not acceptable as descriptive literature. The specifications shall indicate size, type, model and make of all component parts and equipment. PROPOSAL DRAWING A general layout drawing depicting the apparatus layout and appearance shall be provided with the bid. The drawing shall consist of left side, right side, frontal and rear elevation views. Apparatus equipped with a fire pump, shall have a general layout view of the pump operators panel scaled the same as the elevation views. The drawing shall be a depiction of the actual apparatus proposed and not of a generic similar product. APPROVAL DRAWING After the award of bid and pre-construction conference, a detailed layout drawing depicting the apparatus layout and appearance including any changes agreed upon shall be provided for customer review and signature. The drawing shall become part of the contract documents. The drawing shall consist of left side, right side, frontal and rear elevation views. Apparatus 28

29 equipped with a fire pump, shall have a general layout view of the pump operators panel scaled the same as the elevation views. PRE-CONSTRUCTION CONFERENCE After award of the contract, and prior to construction of the apparatus, a preconstruction conference shall be held at the facility of the manufacturer. A provision shall be provided in the bid price for all travel, food and lodging to accommodate four (4) Fire Department personnel. INSPECTION TRIPS An inspection trip at the manufacturers facility prior to delivery of the completed apparatus shall be provided. Accommodations for four (4) Fire Department personnel to include all transportation, food and lodging shall be included in the bid price. OVERALL LENGTH Completed apparatus must not exceed 31' in overall length. NO EXCEPTIONS Bidder Proposal: OVERALL HEIGHT Completed apparatus must not exceed 11' in height (including the plymovent adapter on the exhaust pipe.) NO EXCEPTIONS Bidder Proposal: CHASSIS A Kenworth T800 2 door chassis shall be provided with a tandem rear axle. The chassis shall be designed and manufactured for heavy-duty service with adequate strength and capacity of all components for the intended load to be sustained and the type of service required. A manufacturer's specification sheet is labeled and attached at the end of these 'technical specifications'. The elements contained therein are 29

30 incorporated into these specifications and are to be considered essential to the chassis construction, except insofar as they may be specifically contradicted in paragraphs below. CAB The cab shall be a two-door 2-person cab. FRAME RAILS The main chassis frame rails shall consist of 120,000 PSI Yield heat-treated alloy steel " x 3.50" x 0.375". There shall be a full steel insert provided. TOW HOOK, FRONT Two (2) painted tow hooks shall be mounted inside the chassis frame rail. CHASSIS PREPARATION The commercial chassis shall be specifically converted for Fire/Rescue applications and shall meet the most current NFPA standards at time of bid. POWER DOOR WINDOWS & LOCKS Both cab entry doors shall have power windows and power door locks. Each door shall be individually operated and the driver s position shall have master control. AIR HORNS Two (2), Grover Stuttertone chrome plated air horns, shall be mounted on each side of the hood. The air horns shall be controlled by the horn ring and an officer's side foot switch. A switch on the dash shall be provided to choose between the electric horn and the air horns. 30

31 A push button switch shall be provided on pump operator s panel to activate the air horns. A pressure protection valve shall be placed in-line to prevent the chassis air supply from being depleted. ALTERNATOR A 270 amp Prestolite/Leece Neville alternator shall be provided with serpentine belt. A low voltage alarm, audible and visual, shall be provided. FRONT AXLE & SUSPENSION The front axle and suspension shall be rated at 20,000 lbs. REAR AXLE & SUSPENSION The tandem rear axle and suspension shall be rated at 52,000 pounds. LOCKING REAR DIFFERENTIALS The rear axles shall have full (100%) locking differentials capabilities. BATTERIES The battery system shall be a single system consisting of three negative ground, 12 volt Group 31 MHD batteries, cranking performance of 925 CCA each. The batteries shall be installed in a vented battery box under the passenger cab seat. The batteries shall be wired directly to starter motor and alternator. 31