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Home My WebLink AboutPW Fire Engine PurchasePROPOSAL PREPARED FOR San Rafael Fire Department Pierce Manufacturing, Inc. Enforcer 1500 GPM Pumper December 17.2018 —� — OW SALES CONSULTANT Daron Wright Golden State Fire Apparatus, Inc. 7400 Reese Road Sacramento, CA 95828 916.330.1638 Office 209.993.6972 Cell daronPgoldenstatefire.com PARTS, SERVICE & SUPPORT Golden State Emergency Vehicle Service, Inc. 7400 Reese Road Sacramento, CA 95828 916.330.1638 Office Parts(&goldenstatefire.com PROPOSAL PREPARED FOR - San Rafel Fire Department 1039 C Street San Rafael, CA 94901 We hereby propose and agree to furnish, after your acceptance of this proposal and the proper execution by the SAN RAFAEL FIRE DEPARTMENT, hereinafter called "Customer" and an officer of Golden State Fire Apparatus, Inc., hereinafter called "GSFA", the following fire apparatus and equipment, hereinafter called "Product": A One (1) Pierce Manufacturing, Enforcer 1500 GPM Pumper 603,066.65 B Discount For 100% Pre -Payment at Time of Order (21,449.78) SUBTOTAL ` 581,616.87 9.00% State Sales Tax 52,345.52 �• California Tire Fee 10.50 PROPOSAL SUMMARY This proposal includes the following items in accordance with the specifications hereto attached: ■ Fire apparatus and equipment • 100% performance bond • Factory final inspection trip • Pre -delivery inspection/services by GSFA PRODUCT COMPLETION ■ Delivery to GSFA service center in Sacramento ■ Final delivery from service center to Customer • Demonstration and familiarization of the Product • California Tire Fee Product shall be built in accordance with the specifications hereto attached, delays due to acts of God, strikes, war, or intentional conflict, failures to obtain chassis, materials, unusual weather conditions or other causes beyond GSFA's control not preventing, within approximately 285 to 315 CALENDAR DAYS after receipt of this order and the acceptance thereof at our Sacramento, California office. Within thirty (30) calendar days after receipt of this order and acceptance thereof, GSFA shall' submit to Customer a production schedule including tentative pre -construction conference, final inspection and final delivery dates. DELIVERY LOCATION Product shall be shipped in accordance with the specifications hereto attached and be delivered to you at SAN RAFAEL CALIFORNIA. Proof of insurance must be demonstrated by the Customer to GSFA prior to transferring of the Product(s). Page 2 of 3 ACCEPTING THIS PROPOSAL In the event Customer wishes to purchase the Product described in this Proposal and the attached specifications, then, prior to the expiration date listed on page 2 of this Proposal, Customer shall sign and return this Proposal. Thereafter, GSFA and Customer will endeavor to enter into a purchase agreement incorporating this Proposal and including additional terms (a "Purchase Agreement"). If Customer returns a signed copy of this Proposal alone, GSFA will send Customer its form of Purchase Agreement for Customer's review and signature. If Customer desires to use its standard form of purchase order as the Purchase Agreement, then Customer should return a signed copy of this Proposal along with a copy of such purchase order. All purchase orders shall be made out to GSFA. GSFA will review such purchase order and contact the Customer regarding any required revisions. Only upon a full execution of a Purchase Agreement shall GSFA and Customer be obligated to purchase and sell the Product set forth in this Proposal. TERMS AND CONDITIONS The following Terms and Conditions are hereby made part of this Proposal: 1. Payment Terms, 100% Pre -Payment at Time of Order - Customer shall pay the amount listed on page one of this Proposal, which includes: (i) the total price for the Product (the "Purchase Price"), (ii) the estimated state sales tax on the Product, and (iii) the California tire fee (together with the Purchase Price and estimated state sales tax, the "Grand Total") within fifteen (15) calendar days from the date on which the Purchase Agreement is fully executed. The proposed delivery timeframe for the Product, which is outlined on page one of this Proposal, shall not begin until full payment of the Grand Total is received. In the event Customer does not pay GSFA the Grand Total in the timeframe set forth in this Section 1, GSFA may, in its sole discretion, cancel the Purchase Agreement entered into between the parties. 2. Multiple Unit Purchase - If the Purchase Price includes pricing for multiple units, the price stated on this Proposal shall only be valid if the quantity of Products being proposed are purchased at the same time, pursuant to the same Purchase Agreement. 3. Stock/ Demo Units - If applicable, any stock/demo units, including those identified by this Proposal, are available for sale on an as -is, first-come and first served -basis. Regardless of this Proposal, the first Customer to enter into a Purchase Agreement identifying any such stock/demo unites shall obtain said units. 4. Order Changes - The Customer may request that GSFA incorporate a change to the Product or the Specifications for the Product by delivering a written change order to GSFA, which shall include a description of the proposed change sufficient to permit GSFA to evaluate the feasibility of such change (a "Change Order'). GSFA will provide Customer a written response (a "Response") stating (i) whether GSFA will accommodate such Change Order (which GSFA may decide in its sole and absolute discretion) and (ii) the terms of the modification to the order, including any increase or decrease in the Purchase Price resulting from such Change Order, and any effect on production scheduling or Delivery resulting from such Change Order. Customer shall have seven (7) days after receipt of the Response to notify GSFA as to whether Customer desires to make the changes GSFA has approved in the Response. In the event Customer counter -signs GSFA's Response, Customer shall pay the increase (or be refunded the decrease) in the Purchase Price prior to final delivery to Customer location. 5. Force Majeure - GSFA shall not be responsible nor deemed to be in default on account of delays in performance due to causes which are beyond GSFA's and manufacturer's control and which make GSFA's performance impracticable, including but not limited to wars, insurrections, strikes, riots, fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, any act of government, delays in transportation, inability to obtain necessary labor supplies or manufacturing facilities, allocation regulations or orders affecting materials, equipment, facilities or completed products, failure to obtain any required license or certificates, acts of God or the public enemy or terrorism, failure of transportation, epidemics, quarantine restrictions, failure of vendors (due to causes similar to those within the scope of this clause) to perform their contracts or labor troubles causing cessation, slowdown, or interruption of work. 6. Cancellation/ Termination - In the event Customer and GSFA enter into a Purchase Agreement and Customer thereafter cancels or terminates the Purchase Agreement, GSFA will charge a cancellation fee as follows: (a) 10% of the Purchase Price after order is accepted and entered by GSFA; (b) 20% of the Purchase Price after completion of the pre -construction phase of the order process; and (c) 50% of the Purchase Price after the requisition of any materials or commencement of any manufacturing or assembly of the Product by either GSFA or the manufacturer of the Product. The tier of cancellation fee applicable to any cancellation shall be in the sole and absolute discretion of GSFA. 7. State Sales Tax - Customer shall be responsible for the cost of state sales tax associated with, or attributable to the Product. The taxes owed by Customer for the Product is subject to adjustment for the applicable state sales tax rate in effect when the Product is delivered to the Customer. Therefore, the sales tax will be increased or decreased at the time of delivery if a change in the sales tax rate has occurred, in which case Customer shall pay GSFA (or be refunded by GSFA) the applicable change in sales tax. 8. Proposal Expiration - After the Expiration Date shown on page one of this Proposal, Customer shall require GSFA's written consent to accept this Proposal. 9. Governing Law - This Proposal is to be governed by and under the laws of the state of California. Thank you for providing Golden State Fire Apparatus, Inc. with the opportunity to provide this proposal. If you have any questions regarding the options presented or need additional options, please contact me. Sincerely, 1. Jim SC hu tZ authorized representative of SAN RAFAEL FIRE DEPARTMENT agrees to purchase the proposed Product(s) and agree to the terms and co 'tions of this pas I and the s ications hereto attached. Daron Wrightr SIGNATURE: Golden State Fire Apparatus, Inc. TITLE: Cit Mana er_, Cit f DATE: San Rafael 7400 Reese Road, Sacramento, CA 95828 1 Office 916.330.1638 1 Fax 916.330.1649 Page 3 of 3 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER Contracting Department: DPW Project Manager: TS Extension: 3354 Project Name: Fire engine purchase Contractor's Contact: Kyle Hamilton - SRFD Contact's Email: kyle.hamilton@citvofsanrafael.ore COMPLETED DATE I REVIEWER (Initials) 1/15/2018 1/15/2018 1 222018 TS TS TS RESPONSIBLE Piro Council upprorul required for 1'rn/ceciunal Sen icrs : t,{reernrnle and tep DEPARTMENT DESCRIPTION 5 Project Manager a. Email PINS Introductory Notice to Contractor b. Email Contract (in Word) +£ attachments to City Attorney c/o PRIN I I Project Manager Laraine.Gittens@cityot'sanrafael.org cityofsanrafael.org 6 Project Manager a. Review, revise and comment on draft agreement and return to Project 7 City Attorney Manager b. Confirm insurance requirements. create Job on PINS. send PINS Review and approve insurance in PINS, and bonds (for public works 2 City Attorney insurance notice to contractor. City Approval of final agreement form to send to contractor. (Provide Dept. 3 Department Director Director Financial Sunaaan' ii'/Agreement) Forward three (3) originals of final agreement to contractor for their 4 Project Manager signature. When necessary, contractor -signed agreement agendized for Council COMPLETED DATE I REVIEWER (Initials) 1/15/2018 1/15/2018 1 222018 TS TS TS Piro Council upprorul required for 1'rn/ceciunal Sen icrs : t,{reernrnle and pru•chuses o/',Roods and sc•rrices drat exceed 875.000 and /in• Public Works 5 Project Manager t_onn•ucts that exceed S175,000(1aner dote of Council Meeting) CONTIN.L.111 ROUTING PROCESS WITH HARD COPY PRIN I Forward signed original agreement to City Attorney with printed copy of 6 Project Manager this routine form 7 City Attorney Review and approve hard copy of signed agreement Review and approve insurance in PINS, and bonds (for public works 8 City Attorney contracts) City 9 Manager/Mayor Agreement executed by Council authorized official Attest signatures, retains original agreement and forwards copies to project JI City Clerk manager Project Manager Forward Final Copy to Contractor COMPLETED DATE I REVIEWER (Initials) 1/15/2018 1/15/2018 1 222018 TS TS TS