Cities Index.
RFB 22-23-24

Visalia City Council
February 21, 2023

Document
RFB 22-23-24
Meeting
February 21, 2023
Body
Visalia City Council
Pages
25
Original file
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Text extracted from the city's file for reading and search. Open the original on visalia.legistar1.com. That file is the official record.

CITY OF VISALIA, CALIFORNIA
REQUEST FOR BID (“RFB”)

RFB NO. 22-23-24

PURCHASE OF FOUR (4)

SETS OF E-DRAULIC RESCUE COMBINATION TOOLS

BIDS DUE NO LATER THAN 1:00 P.M. ON THURSDAY, DECEMBER 15, 2022

The City of Visalia expressly reserv es the rig ht to modify, or withdraw from, the process initiated and described herein. No rights shall be vested in any party, individual or entity by virtue of its preparation to participate in, or its participation in, such process. The City expressly r eserves the right to modify, for any reason, the schedule and any provision contained herein. The City reserves to itself the selection of winning respondent(s), if any, in the exercise of its sole discretion. No binding commitment shall arise on the par t of the C ity to any respondent under this Request for Bid until and unless the parties sign documents of agreement that become effective in accordance with their terms. Responses to this RFB, however, shall be held firm by Respondent for at least ninety (90) days.

Advertisement Dates: November 15, 2022
November 22, 2022
RFB No. 22-23-24
Purchase of Four (4) Sets of E-Draulic Rescue Combination Tools

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TABLE OF CONTENTS

I. DEFINITIONS ............................................................................................................. 3

II. INTRODUCTION ......................................................................................................... 3

III. INSTRUCTIONS .......................................................................................................... 3

IV. PRODUCT SPECIFICATIONS/SCOPE OF SERVICES ................................................... 4

V. PRE-BID AND CONTRACT MEETINGS ........................................................................ 4

VI. BID OPENING AND CONFIDENTIALITY ....................................................................... 4

VII. AWARD ...................................................................................................................... 5

VIII. PROTESTS/APPEALS ................................................................................................. 5

IX. SPECIAL CONDITIONS ............................................................................................... 5

X. GENERAL CONDITIONS ............................................................................................. 6

XI. POST AWARD RESPONSIBILITIES .............................................................................. 8

EXHIBITS

A. BID FORM

B. CERTIFICATIONS, AFFIDAVITS, ASSURANCES, STATEMENTS, WAIVERS, AND

QUESTIONNAIRES WHICH MUST ACCOMPANY BID FORM

B-1. Equal Employment Opportunity Compliance Certificate B-2. Non-Collusion Affidavit
B-3. Americans with Disabilities Act Compliance Certificate B-4. Drug-Free Workplace Certificate
B-5. Iran Contracting Act Certification

C. SAMPLE PROJECT AGREEMENT WITH ATTACHMENTS
C-1. GENERAL CONTRACT PROVISIONS

D. PRODUCT SPECIFICATIONS

RFB No. 22-23-24
Purchase of Four (4) Sets of E-Draulic Rescue Combination Tools

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I. DEFINITIONS
For the purposes of RFB NO. 22-23-24, the following terms shall have the meanings indicated:

1. “City” means the City of Visalia

2. “City Council” means the Council of the City of Visalia

3. "Bidder", "Vendor", "Supplier", “Consultant”, “Contractor” and “Subrecipient” are used interchangeably throughout this invitatio n to mean the person, f irm, or corporation or other entity submitting a Bid in response to the Request for Bid.

4. “Bid” and “Proposal” are used interchangeably to mean an individual’s or entity’s offer in response to this Request for Bid.

5. “RFB” means Request for Bid No. 22-23-24.

II. INTRODUCTION
The City of V isalia Purchasing Division is soliciting Bids from su ppliers for four (4) sets of E - draulic Rescue Comb ination Tools for use by the F ire Department, per the specifications listed in Exhibit D of this RFB.

Bids are being sought from Contractors who have a proven record of experience in providing the services required by this Invit ation to Bid. The successful bidder shall be responsible for providing all services necessary to ful fill the requirements of this Invitation to Bid upon receipt of the City’s Notice to Proceed.

Award will be based on th e lowest total bid which meets all s pecifications. It is understood that the City of Vis alia is NOT ex empt from California State Sales Tax . The 8.5% sales tax is to be shown on each bid where indicated. The City of Visalia must conside r all costs associated with determining low bidder (including freight and taxes).

Executive Order N-6-22 – Russia Sanctions: On March 4, 2022, Governor Gavin Newsom issued Executive Order N -6-22 (the EO) regarding Econom ic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or p roposal, Contractor represents that it is not a targe t of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

The City hereby affirmatively ensures that Minor ity Bu siness Enterprises and Disadvantaged Business Enterprises (DBE) wi ll be afforded full opportunity to submit proposals in response to this notice. Individuals and/or entities submitting bids/proposals to the City of Visalia will not be discriminated against on the basis of race, religion, color, national origin, ancestry, physical or m ental dis ability, medical condition, genetic information, marital status, gender, gender identity or expr ession, sexual orientation, or military and veteran status in any consideration leading to the award of contract.

No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity leading to the award of a contract.

III. INSTRUCTIONS

1. Fill out attached Bid Form (Exhibit “A”) in ink or typewriting completely.

2. Cross out and initial mistakes in ink and place the correct response next to same.

3. Timely submit Bid in a sealed envelope addressed and marked as follows:

To: City of Visalia Purchasing Division
707 W. Acequia Avenue.

RFB No. 22-23-24
Purchase of Four (4) Sets of E-Draulic Rescue Combination Tools

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Visalia, CA 93291

From: Bidder Name & Address

RE: RFB 22-23-24
Purchase of Four (4) Sets of E-Draulic Rescue Combination Tools

4. Submit each of the requi red Certifications, Affidavits, Statements and Questionnaires as well as optional waiver(s) to City with the sealed Bid. City will not consider Bids which are not accompanied by the required completed forms.

5. All inquiries should be directed to Visa lia Purchasing Department by calling (55 9) 713- 4334. However, to prevent misinterpretations, the Purchasing Division would prefer that all questions be sent by email to [email protected].

Questions are due no later than Friday, December 9, 2022.

IV. PRODUCT SPECIFICATIONS AND SCOPE OF SERVICE
Awarded Vendor will be responsible for the supply and delivery of four (4) E-Draulic Rescue Combination Tools per the specifications included in Exhibit D of this documen t. The City of Visalia als o reserves the right to purchase additional units at prices bid. The units shall be delivered to the City of Visa lia Fire Department at 420 N. Bur ke Street in Visalia, CA 93292 .

These units must meet the specifications listed in Exhibit D.

V. PRE-BID AND CONTRACT MEETINGS

1. Non - Mandatory Pre-Bid Meeting (teleconference). A non-mandatory pre-Bid meeting will be held on Thursday, December 1, 2022 at 10:00 a.m. via teleconference. Attendance at this meeting is not required to s ubmit a Bid in response to this RFB but is encouraged.

Information regarding the project will be provided at that time. It shall be the responsibility of the Con tractor to have acquir ed full knowledge o f the job site, scop e of work and any problems or difficulties that may affect the work proposed. To register for the teleconference, please email [email protected] for information.

2. Post Award Meeting. Subsequent to the award of contract, the Contractor shall meet with the Project Manager prior to the start of work to discuss any problems or questions that may arise. Contractor shall contact the Project Manager within ten (10) days of the date of the Notice to Proceed to arrange this meeting.

City Project Manager: Dan Griswold
Department: Fire Department

VI. BID OPENING AND CONFIDENTIALITY

1. Bid Opening. Bids shall be op ened public ly i n the presence of att endees, if any, on Thursday, December 15, 2022 at 1:00 p.m. at 707 W . Acequia, Visalia CA, City Hall.

The name of each Bidder and the amount of each Bid shall b e open to public i nspection at the Bid opening and after an a ward decision has been made. Other Bid information will not be available for public review during the evaluation phase.

2. Bid Confidentiality. The City favors full and open disclosure of all Bi d records. The Ci ty will not e xpend public funds defending c laims for access to, inspection of, or t o be provided copies of any such records. By submitting a Bid, a Bidder agrees to i ndemnify and defend the City against all claims or actions brought agai nst it to seek acc ess to, or compel disclosure of, any records or documents in the City’s possession.

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After the award, the City inte nds t hat its selection process will be open and publ ic.

Respondents are advised that the California Public Records Act (“PRA”) provides that any person may inspect or be provided a co py of any identifiable public record or document that is not exempted fr om disclosure by the express provisions of the Act. The Federal Freedom of Infor mation Act (“FOI A”) contains a similar pro vision. Each Bidder shall clearly identify any information w ithin its Bid that it intends to ask the City to withhold as exempt unde r eit her the PRA or F OIA. Any information contained in a Bidder’s submission whi ch the Bidder believe qualifies for exempt ion from public di sclosure as “Proprietary” or “Confidential” must be identified as such at the time of first submission of Bidder’s Bid to this RFB. Any failure to identify informatio n contained in a Bidder’s Bid to this RFB as “Proprietary” or “Confiden tial” shall consti tute a waiver of Bidder’s right to object to the release of such information upon request under either Act.

VII. AWARD

1. Most Responsive, Responsible Bidder. A Contract (substantially similar to that attached hereto as Exhibit “C” with Attachments 1 -2) shall be award ed w ith reasonable promptness by appropriate written notice. Award s hall be made to the most responsi ve, responsible Bidder whose Proposal meets the requi rements and criteria set forth in this RFB, price and other factors c onsidered, and whose Bid is determined to result in the optimum economic advantage to the C ity. A re sponsible Bidder is one who has t he capability, financial capacity and integrity to pe rform the contract. A r esponsive Bidder is one who commits to all of the material terms, for example, price, quantity, quality and delivery, of this RFB. Contractor must return a signed copy of the contract provided by the City with its Award Notice to City within ten (10) working days of receipt thereof.

2. Reservation of Rights. The City reserves the right to reject any item or it ems in the Bid; to waive informalities, technical defects, and minor irre gularities in Bids received; and to select the Bid(s) deemed most advantageous to the City.

VIII. PROTESTS/APPEALS

Because it is essentia l that Bidders have confidence in the procu rement procedures for soli citing and awarding contracts, it is the policy of t he City to offer Bidders the opportuni ty to appeal award of contracts. The following procedures shall apply in regard to appeals:

1. Any actual Bidder who is aggrieved in conne ction with this RFB or award of a contra ct hereunder may protest to the City of Visalia Purchasing Division in writing within five (5) working days af ter such aggrieved Bidder knows, should have reasonably known, or could reasonably be expected to know of the facts giving rise thereto; and

2. Should ident ify only the areas regard ing bid contradictions, procurement er rors, quotation rating discrepancies, legality of procurement context, conflict of interest in the rating process and inappropriate or unfai r competitive procurement grievance rega rding the Bid process.

3. The City’s Purchasing Division shall have the au thority to s ettle and resolve each protest. The reso lution will be provided to Bidder in writing within five (5) working days of receipt of the appeal unless the Bidder is notified more time is required.

4. Further levels o f appeal may be made in accord ance with th e appeals provision contained in Chapter 5 of the C ity’s “Purchasin g and Contract Pro cedures” which is available through City’s Purchasing Division.

IX. SPECIAL CONDITIONS

1. Product Issues
RFB No. 22-23-24
Purchase of Four (4) Sets of E-Draulic Rescue Combination Tools

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a. Complete Project. The successful Bidder sha ll be responsib le for providing all materials, labor, eq uipment and services nece ssary to fulfill t he requirements of this RFB.

b. Product Inspection. The City will have ten (10) working days to inspect equipment for workmanship, appearance, proper func tioning of all equipment, and conformance to all other requirements of this specification.

If deficiencies are detected, the equipment will be rejected, and the vendor will be requir ed to make necessary re pairs, adjustme nts, or replacements.

Payment and/or commencement of a discount period, if applicable, will not be made until the defects are corrected and the equipment re-inspected and accepted.

2. City-Contractor Relations

a. Project Manager’s Respon sibility and Au thority. The City’s designated Project Manager sh all decide issues of qu ality and acceptab ility of materials, products and equipment an d a ll questi ons related to fulfillment of t he contract for the products. Project M anager shall not have c ontrol over act s or omi ssions of the Contractor, Subcontractors, their agents or employees.

b. Control of Materials:
(1) Source of Supply and Quality of Materials Guarantee. All materials, parts and equipment supplied by the Contr actor shall be new and /or of a quality equal to that specified.

(2) Manufacturer’s Dir ections. Manufactured articles, material s and equipment shall be a pplied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.

3. Legal Responsibilit ies. It is the r esponsibility of Contractor to com ply with all loc al, state, and federal laws and regulatio ns which apply to this pro ject. This include s, but is not limited to, compliance with U niform Building, Plumbing, Mechanical , Electric, and Fire Co des.

Contractor shall pr ovide a safe working envir onment in compli ance with the Occupatio nal Safety and Hea lth Act, and California He alth and Safety Cod es. Additionally, Contractor shall secure all necessary permits, licenses, and similar requirements to carry out the pr oject.

Contractor shall comply with all applicable labor laws and ensure against discrimination.

X. GENERAL CONDITIONS

1. It is the policy of the City to provide equal opport unity to all candidates when selectin g Bidders to provide p ublic services. Bidders are expected to be equal o pportunity employers.

The City hereby a ffirmatively ensur es that Minority Business Enterprises and Disadvantaged Busi ness Enterprises (DBE) will be afforded full opp ortunity to submit proposals in response to this notice. Individuals and/or entities submitting bids/proposals to the City of Visa lia will not be di scriminated against on th e basis of race, religion, color, n ational origin, ancestry, ph ysical or mental dis ability, medical condition, genetic information, marital status, gender, gender identity or expr ession, sexual orientation, or mil itary and veteran status in any considerati on leading to the award of contract.

No q ualified disabled per son shall, on the basis of disability, b e excluded from participating i n, be denied t he benefits of, or otherwise be subje cted to discrimination under any program or activity that receives or benefits from Federal financial assistance.

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Purchase of Four (4) Sets of E-Draulic Rescue Combination Tools

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Bidder shall provide to the City a list of all instances wi thin the last ten (10) years where a complaint was filed or pending against Bidder in a legal or administrativ e proceeding alleging that Bidder discriminated against its employees, subcont ractors, vendors or suppliers. A description of the status or resol ution of that complaint, includ ing an y remedial action taken is required.

2. Post-Closing Date Corrections are prohibited.

3. Bids will not be accepted unless signed in ink (not typed) i n the appropriate space(s) by an authorized officer or employee of the Bidder.

4. Bids must be sub mitted on or before the Closing Date. Any Bids rec eived after the Closing Date shall be returned , unopened, to the Bidder, provided the re quest number, opening date, and Bidder's return address are on the envelope.

5. Bids may be withdrawn prior to the Bid Closing D ate by writing to the Purchasing Division.

6. Telegraphic, telep honic, electronic and facsimile Bids and wi thdrawal requests will not be accepted.

7. Bid Prices submitted are considered accurate for a period of n inety (90) days and cannot be withdrawn after the Closing Date.

8. All Bids are the property of the City after submission.

9. City is not responsible for Bid errors and omissions.

10. Bids should be pre pared in a straightfo rward, concise manner. Information prov ided which was not specifically requested will be considered only in City’s discretion.

11. A written amendment o r a ddenda issued b y City’s Purchasing Divis ion is the only method which should be relied on with respect t o changes to the RFB. Respondent is responsible to contact City’s Purchasing Division prior to submitting a Bid to determine if any amendments were made to the RFB.

12. Any contract resulting from the RFB will be jointly administered by the City’s Purchasing Division, and the Department requesting Bids.

13. Prior to conducting b usiness in the City, a business tax certificate (license) must be obtained. Call (559) 713-4326 for more information.

14. Bidder shall mainta in a ll personnel f iles and payroll records for employees used to implement the proposed contract.

15. Bidder shall withho ld, pay and report all taxes and issue W -2 forms at the end of each calendar year for employees used to implement the proposed contract.

16. Pursuant to the C ity’s Charter, all other thi ngs being equal, tie Bids shall be award ed to a local merchant to the ext ent quality and prices are equal. If neither is a local vendor, the Bid shall be awarded by the flip of a coin by the Purchasing Division in the presence of at least one witness.

17. The City may make such investigation of th e Bidder and inform ation in the B id as it determines necessary. This may include th e collection of criminal h istory information, contractual and busines s associations an d pr actices, emplo yment his tories and reputation.

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Purchase of Four (4) Sets of E-Draulic Rescue Combination Tools

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18. All California agencies may purch ase off the Proposal submitted at the same pr ices, terms, conditions and specificati ons. The City of Visalia shall incur no res ponsibility in connection with another agency’s purchase.

19. Each Bidder will be required to submit Certifications, Affidavits, Assurances, Statements and Questionnaires which are attached in Exhibit “B”.

20. The quantities given on the Bid Proposal form and any related contract do cuments are approximate only. The y are given as a basis for co mparison of Bids. The City of Visalia does not, e xpressly or impliedly agree that the actual purchase amount will correspond therewith but reserves th e right to increa se or decrease the amount of any class or portion of work as the City deems necessary or advisable, at the prices Bid.

21. Bidders shall satisfy themselves by personal examinati on of the specifications and other contract documents and by any other means a s they bel ieve necessary as to the requirements of this contract. The submission of a Bid shall be conclusive evidence that the Bidder has investigated, and is satisfied as to t he conditions, quality, and quantities of work to be performed, and the products to be furnished, and as to the requirements of the RFB and the City. No allowance shall subsequently be made because of lack of such examination or knowledge.

22. All Bidders are required to make a Bid on the complete Bid Form (Exhibit “A”) .

Contractor may be required to submit Proposals on alternate items.

23. The City of Visalia is not li able for any costs incurred by Bidder in responding to this Request for Bid.

24. The contract resulting from this invitation to bid will be administered by the Fire Department. However, the City’s Purchasing Division shall be the final judge concerning issues or ma tters related to cont ract interpretation or problems regarding the terms , conditions or scope of the contract.

25. This contract may be terminated without cause by the City, in whole or in part, by giving the C ontractor fifteen (15) days written noti ce of the intent to terminate whene ver the City determines that termination is in the best interest of the City.

If the Contractor shall fail to provide services or perform satisfactorily the work required by the terms and conditions of the contract, or materially breaches any of its obl igations under this agreement the City may terminate the contract, in whol e or in part by written notice. Te rmination shall take eff ect ten (10) cal endar day s after the date of m ailing said termination notice.

Any assignment, subletting or transfer o f the interest of the contractor, either in whole or in part, without the written con sent of the City shall be ca use for the C ity to immediately terminate the agreement for default.

Notwithstanding any other provision s of this agreement, this agreement may be terminated by the City upon a single violation of this agreement.

XI. POST AWARD RESPONSIBILITIES

1. Written Contract with C ity. A written agreement in a fo rm similar to that attached to this Request for Bid as Exhibit “C” must be entered into between the City and the Contractor to who m the project is awarded. The Ag reement for ms the basis for the contractual obligation betwe en t he parties r egarding the proj ect. A contr act will be provided with the Notice of Award and must be executed and retu rned to City within ten (10) working days of the date of award notification unless otherwise agreed.

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2. Post-Award Responsibilities. Upon execution of the Agreement between the City and the Contractor, the Contractor shall immediately report all changes in its Arti cles of Incorporation, By-Laws, or Tax-Exempt status to the City.

Upon determination by the City that a contract has been entered and Contractor has provided all of the information that it is required to provide pursuant to this RFB, City will is sue, in writing, a notice to proceed on the project to Contractor.

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BIDDING AGENCY: ________________________

EXHIBIT “A”

BID FORM
RFB NO. 22-23-24
PURCHASE OF FOUR (4) SETS OF E-DRAULIC RESCUE COMBINATION TOOLS (Visalia Fire Department)

TO: THE CITY OF VISALIA PURCHASING DIVISION:

In compliance with t he City’s Notice Invitin g Seal ed Bids No. 22-23-24 dated: ___ _______, the undersigned BIDDER hereby proposes to furnish four (4) sets of E -Draulic Rescue Combination Tools as specified in this RFB, including all exhibits and related contract documents, therefore.

BIDDER declares that this proposal is based upon careful examination of the Instructions to BIDDERs, and the contract requi rements. If this bi d is a ccepted for award, BIDDER agrees to enter into a contract with CITY at the unit p rices set forth in the following B id Sche dule within 10 days after receiving notification of Award of Contract. BIDDER understands that failure to enter into a contract in the time and manner stated may result in said Purchasing Division proceeding to award the contract to others.

BIDDER understands that a bid is required for the product and that compensation under this contract will be based upon the produc t condition received as stated in the bid specifications. It is agreed that the price bid includes all costs, fees and appurtenant expenses for the product. Bidder is to indicate the cost for delivery t o Visalia, CA (if any). Bidder is to list tax where i ndicated, as the City is not exempt from paying sales tax (currently 8.5% in Visalia, CA).

BIDDER further declares that he/she has n ot either directly or indirectly entere d into any agreement, participated in an y collusion, or otherwise taken any action in restraint of fre e competitive bidding in connection with said bid.

In the case of discrepancies in amounts bid, unit prices shall govern over extended amounts.

BIDDER has read and hereby agrees to the conditions stated in this bid by affixing his/her signature on the bid form. Low Bidder will be determined by the Lowest Total Bid Amount.

RFB No. 22-23-24
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As Described in RFB 22-23-24 Purchase of
Four (4) Sets of E-Draulic Rescue
Combination Tools
Unit Cost
(A)
Quantity
(B)
Total Cost
(AxB)
(1) E-Draulic Rescue Combination Tools

$_________________

4 $ _________________
(2) 8.50% State Sales Tax

$_________________

4 $ _________________
(3) Shipping & Handling to Visalia, CA

$_________________

4 $ _________________

TOTAL BID AMOUNT

$ _________________

Delivery Time: _______Days After Order Placed Warranty Coverage: _________ years

Does the Bid meet specifications: _____ Yes _____ No

Please include Exhibit D of this document in your Bid Submittal to verify all specificati ons will be met, and/or to explain any variances.

(1) _____________________________________________________________________________________________________________ Bidding Firm

(2) _____________________________________________________________________________________________________________ Corporation, Partner, Joint Venture

(3) _____________________________________________________________________________________________________________ Business Address City State Zip Code

(____)______________________________________________________________________________(____)___________________ Telephone Number E-mail Address Fax Number

(4) _____________________________________________________________________________________________________________ Signature of Authorized Person (Date)

_____________________________________________________________________________________________________________ Type or Print Authorized Person’s Name

PLEASE SEE THE FOLLOWING INSTRUCTIONS REGARDING SIGNATURE

(1) If the BIDDER is a n individual, enter name here in style us ed in busi ness; if a joint venture, exact name of entities joining in the venture; if a partnership, the correct trade style of the partnership; if a corporation, the exact name of the corporation.

(2) If BIDDER is other than an individual, identify here its charac ter, i.e., joint venture, partnership, c orporation, includ ing the state of incorporation. If BIDDER i s an individual op erating under a trade name, state “an individual dba (trade name in full)”.

(3) State on this line , the address to which all communications and notices regarding th e Bid Proposal, and any contract awarded thereunder, are to be addressed.

(4) If BIDDER is a joint venture, signature must be by one of the joint venturers, and if one or both of the joint venturers is a partnership or a corpo ration, each par ticipating partnership must sign by a general part ner, and each corporation by an auth orized off icer or employee; if a partn ership, by a general partner; if a c orporation, by an authorized officer or emp loyee. The title of the pe rson signing must appear after his/her signature. Where BIDDER is a partnership or corporation, the names of al l RFB No. 22-23-24
Purchase of Four (4) Sets of E-Draulic Rescue Combination Tools

Page 12 of 25 ends

other general partners, or the presi dent or secretary of the corporation and their business addresses must be shown below.

Note: All name s must be typewritten unde r written sig nature. All Addresses must be complete with street number, city, state and zip code.

CITY OF VISALIA BUSINESS TAX CERTIFICATE NO.: _________________________________ A City Business Tax Certificate (License) is not required to submit a bid; however, vendor is required to obtain a certificate prior to commencement of work . Contact the Business Tax Division with questions at (559) 713-4326.

Federal Tax I.D. No.: ____________________________________________________

REFERENCES
The following are the names, addresses, and telephone numbers for at least three (3) agencies for which BIDDER has provided equipment to similar in size and scope within the past two (2) years.

Company Name Address Tel. No. Contact

1.___________________________________________________________________________________________________

2.___________________________________________________________________________________________________

3.___________________________________________________________________________________________________

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EXHIBIT “B-1”

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)

To Accompany Bid Form

Equal Opportunity Clause
Unless exempted by rules, regulations or orders of the Secreta ry of Labor issued pursuant to Executive Orders 10925, 11114 or Section 204 of Executi ve Orde r 1 1246 of Septem ber 24, 1965, dur ing the performance of each contract with the City of Visalia, the BIDDER agrees as follows:

1. The BIDDER will not discriminate against any employee or applicant for employment because of race, color, religion, ge nder, n ational origin or political affili ation. T he BIDDER will take affirmative action t o ensure that a pplicants a re employed, and that employee s are treated during emp loyment, without reg ard to th eir race, color, religion, gender, national origin or political affiliation. Such action shall in clude, but not be limite d to, the f ollowing: employment upgrading, demotion or transfer, re cruitment or r ecruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The BIDDER agrees to post in conspicuous places, available to employ ees and applicants for empl oyment, notice s to be provided by the contracting officer setting f orth the provisions of this nondiscrimination clause.

2. The BIDDER will, in all solicitations or advertisements for employees, placed by or on be half of the BID DER, state that all qualifi ed applicants will receive considerati on for e mployment without regard to race, color, religion, gender, national origin or political affiliation.

3. The BIDDER wil l send to each labor uni on or repre sentative of w orkers with whi ch he has a collective bargaining agreement or other contract or understanding, a not ice to be provided by the agency contracting officer, advising the labor union o r the work ers’ representati ve of the BIDDER’s commitments unde r Section 202 of Executive Or der 11246 o f September 24, 1965, and shall post copies of the not ice on conspicuous places available to employees and applicants for employment.

4. The BIDDER will comply with all provisions of Executive Order 1124 6 of Septem ber 24, 1965, and the rules, regulations and relevancy orders of the Secretary of Labor.

5. The BIDD ER will furn ish all i nformation and r eports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and relevant orders of the Secretary of Labor, or pu rsuant ther eto, and will pe rmit access to his books, records and accounts by the contracting a gency and the Se cretary of Labor for purposes of investig ation t o a scertain compliance with such rules, regulations and orders.

6. In the event o f the BIDDER’s non-compliance with the non -discrimination clauses of this subcontract or with any of such rules, regulations or orders, this subcontract may be cancel ed, terminated or suspended, in whole, or in part and the BIDDER may be decl ared ineligibl e for further government contracts in accordance with the procedures authorized in accordance with Executive Order 11246 of S eptember 24, 1965, and such other sanctio ns may be imposed and remedies invoked as provided in Executive O rder 11246 of September 2 4, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law.

7. The BIDDER will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 2 04 of Executive Order 11 246 of S eptember 24, 1965, so that such provisions will be binding upon each SUBBIDDER or vendor. The BIDDER will take such action with respect to any subcontract or purchase order as the co ntracting agency may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event the B IDDER b ecomes involved i n, or is threaten ed with l itigation with a SUBBIDDER or vendor as a result of such direction by the contracting agency, the BIDDER may RFB No. 22-23-24
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request the United States to en ter into such litigation to protect the interest of the United States.

Company: ______________________________________________

Business Address: ______________________________________________

Signature: ______________________________________________

Name of Signing Official: ______________________________________________

Title of Signing Official: ______________________________________________

Date: ______________________________________________

Company Seal:

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EXHIBIT “B-2”

NON-COLLUSION AFFIDAVIT
To Accompany Bid Form

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )

_________________________, being first duly swor n, deposes and says that he or she is __ _______ of __________ the party making the foregoing Bid; that t he Bid is not made in the interest of, or on behalf of, any undisclosed person, partner ship, company, association, organization, or corporation; that th e Bid is ge nuine and not collusive or sh am; that th e BIDDER has not directly or i ndirectly induced or solicited any other BID DER to put in a false or sham Bid, and has not directly or indirec tly colluded, conspired, connived, or agr eed with any BIDDER or a nyone else to put in a s ham Bid, or that anyone shall refrain from Bidding; that the BIDDER has not in a ny manner, directly o r indirectly, sought by agreement, communication, or conference wi th anyone to fix the Bid price of the BID DER or any other BIDDER, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone intereste d in th e proposed contract; that all statements contained in the Bid are true; and, further, that the BIDDER has not, directly or in directly, subm itted his or her Bid pr ice or an y breakdown thereof, or the contents thereof, or divulged information or data relative t hereto, or pai d, and will not p ay, any f ee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid.

Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________

Company Seal:

State of California
County of ________________________

On this __________ day of _______________before me, ___________________________________________, a Notary Public, personally appeare d _______ _____________________________________,who proved to me on the basi s of satisfactor y evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/t hey exe cuted t he same in his/her/their au thorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the en tity upon behalf of whi ch the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct
WITNESS my hand and official seal.

Signature __________________________________ (Seal)

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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EXHIBIT “B-3”

AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE

To Accompany Bid Form

By submission of a bid, the BIDDER certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. se q., and will maintain com pliance throughout the life of this Co ntract. By commencing performance of the Contr act work, the selected BIDDER certifies t o the Ame ricans with Disabilities Act compliance.

Company: ______________________________________________

Business Address: ______________________________________________

Signature: ______________________________________________

Name of Signing Official: ______________________________________________

Title of Signing Official: ______________________________________________

Date: ______________________________________________

Company Seal:

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EXHIBIT “B-4”

STATE OF CALIFORNIA

DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.10-2019)

I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.

CONTRACTOR/BIDDER FIRM NAME

FEDERAL ID NUMBER
BY (Authorized Signature)

DATE EXECUTED

PRINTED NAME AND TITLE OF PERSON SIGNING TELEPHONE NUMBER (Include Area Code)

( )
TITLE

CONTRACTOR/BIDDER FIRM’S MAILING ADDRESS

The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above-named contractor or grant recipient will:

1. Publish a stat ement notifying employees tha t unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be t aken against employees for violations, as required by Government Code Section 8355(a).

2. Establish a Drug -Free Awa reness Prog ram a s required by Go vernment Co de S ection 8355(b), to inf orm employees about all of the following:

(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.

3. Provide as required b y Government Code Sect ion 8355©, that every emp loyee who works on the pro posed contract or grant:

(a) Will receive a copy of the company’s drug-free workplace policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or grant.

4. At the election of the contractor or grantee, from and after the “Date Executed” and until ____________ (NOT TO EXCEED 36 M ONTHS), th e s tate will rega rd this certificate as valid for a ll contracts or grants en tered into between the contractor or grantee and this state agency without requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, then the terms and conditions of this certificate shall have the same force, meaning effect and enforceability as if a certificate w ere separately, specifi cally, and individual ly provid ed fo r e ach contract or g rant betwe en the contractor or grantee and this state agency.

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EXHIBIT “B-5”

IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Section 2200 et seq.)
Submit with Bid

As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:

⃝ The Contractor is not:
(1) Identified on the current list of persons an d entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or

(2) A financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.

⃝ The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after maki ng a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract.

⃝ The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,00 over the life of the contract (up to 5 years).

Signature: ____________________________________ Printed Name: _________________________

Title: ______________________________________ Agency Name: _____________________________

Date: ____________________

Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and ma y result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Co ntract and/or eligibility to bid on contracts for three years.

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EXHIBIT “C”

S A M P L E (does not need to be submitted with Bid/Proposal) PURCHASE OF FOUR (4) SETS OF E-DRAULIC RESCUE COMBINATION TOOLS (City of Visalia Bid No. 22-23-24)

This Agreement, entered into and effective this _______ _ day of ________________, 2022 [“Effective Date”], by and b etween th e City of Visalia, hereinafte r re ferred to as the “CITY”, and ____________________________ hereinafter referred to as the “CO NTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S

WHEREAS, CONTRACTOR is an ___________________________ w ith a pr imary busi ness address of ________________________________ and SSN or EIN: ____________________; and

WHEREAS, CITY is a municipal corporation and Charter Law City; and

WHEREAS, City of Visalia reviewed and evaluated re sponses to the Request for Bid and determined to award contract to CONTRACTOR for the Required Products; and

WHEREAS, CONTRACTOR represents it i s licensed, qualified an d willing to supply the s pecified products pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

The term of thi s Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agree ment, CONTRACTOR shall transfer to CITY any funds and/or ac counts receivable on hand attributable to t he use of CITY funds.

2. ATTACHMENTS INCORPORATED:

The following are attachme nts for this Agreement. Said attachments are incorpo rated into this Agreement as if included in full in the body:

ATTACHMENT# DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 City of Visalia Bid 22-23-24 Purchase of Four (4) Sets of E -Draulic Rescue Combination Tools
Attachment 3 CONTRACTOR’s bid in response to Bid No. 22-23-24

3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

CONTRACTOR shall provide the following services for the stated compensation on or before the stat ed completion dates (“Scope of Services”):

Supply and Delivery of Four (4) E-Draulic Rescue Com bination Tools as specified in RF B No. 22-23-24, and as requested by City. City reserves the right to purchase additional tools at the unit cost bid.

4. CITY COMMITMENTS:

CITY shall perform the following tasks on or before the stated completion dates:

TASK COMPLETION DATE
Pay Contractor as items are delivered and invoiced Within 30 days of receipt of invoice.

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5. COMPENSATION:

CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay not more t han the following amo unt as total compensation under this Agreem ent, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed based on invoic es, receipts, time sheets and simi lar documents presented by CONTRACTOR to CITY.

IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.

CONTRACTOR

Dated: ___________________ By: ______________________________________________________ Authorized Officer: I cer tify under penalty of p erjury under the laws of the State of California that I am fully authorized to execute this Agreement for CONTRACTOR in the capacity I have stated, and th at such execution is sufficient to bind the CONTRACTOR.

CITY OF VISALIA

Dated: ____________________ By: ______________________________________________________ City Manager

Dated: ____________________ By: ______________________________________________________ City Attorney

Dated: ____________________ By: ______________________________________________________ City of Visalia Risk Manager

Dated: ____________________ By: ______________________________________________________ City of Visalia Project Manager

Total Compensation: $__________________________
Source of Funds: AFG Grant Funds
Payment Schedule: Within 30 days from date of invoice for delivered product RFB No. 22-23-24
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EXHIBIT “C-1”

GENERAL CONTRACT PROVISIONS

A. Successors and Assigns : This Agreement shall be bindin g upon and shall inure to the benefit of any successors to or assigns of the parties.

B. Prohibition of Assignme nt: Neither pa rty shall assign, delegate or transfer their righ ts an d duties in this Agreement without the written consent of the other party.

C. Notices: No tice shall be sufficient hereunder if pe rsonally served upon the City Clerk of the CITY or an offic er or principal of the C ONTRACTOR, or if sen t via th e United Sta tes P ostal Service, postage prepaid, addressed as follows:

CITY OF VISALIA CONTRACTOR
707 W. Acequia Ave. _______________________
Visalia, CA 93291 _______________________
Attention: City Clerk Attention: _____________

D. Independent Cont ractor: It is understood and a greed by the parties herei n that CONTRACTOR, in the performance of this Agreement, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.

E. Jurisdiction/Venue/Waiver Of Removal : This Agree ment shall be administered and interpreted under the laws of the State of California. Jurisdiction of liti gation arising from this Agreement shall be in California. Any action br ought to interpret or enforce this Agreement, or any of the terms or conditi ons hereof, shall be broug ht in Tular e County, Cal ifornia. The CONTRACTOR hereby expressly waives any righ t to remove any action to a c ounty other tha n Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.

F. Integration/Modification: This Ag reement and each of the documents and exh ibits or attachments referenced herein, which are incorporated by ref erence, represe nts the e ntire understanding of t he p arties as t o tho se matters contained herei n. No prior oral or writt en understanding shall be of any force or effect w ith respect to th ose matters covered hereunder.

This Agreement may not be modified or altered except in writing signed by the par ties, unless otherwise explicitly authorized.

G. Conflict With Law: If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with s aid law, but the remainder of the Agreement shall be in full force and effect.

H. Indemnification: The CONTRACTOR waives any and all claims and recourse against the CITY, including the right of contribution of loss or damage to person or prop erty arising from, growing out of, or in any way connected with or incidental to the CONTRACTO R’s performance of this Agreement, except claims ari sing from t he concurrent or sole n egligence of the CITY or its officers, agents or employees. The CONTRACTOR will indemnify, hold harmless, and defend (a t CITY’s option) th e CIT Y against any and all clai ms, demands, damages, cost s, expenses, or liability arising out of the CONTR ACTOR’s pe rformance of this Agreement except for liabilit y arising out of the concurre nt or sole negligence of the CITY or its off icers, agents, or employees.

I. Attorney’s Fees : In the event either par ty commences any action, ar bitration o r legal proceedings for the en forcement of this Agreement, the prevai ling party, as determined by t he court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.

J. Headings: Section headings are p rovided for organizational purposes only and do not in a ny manner affect the scope or intent of the provisions thereunder.

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K. Firearms Prohibited: Guns may not be carried by co ntractors /vendors/ consultants while working on City of Visalia premises without the e xpressed written approval of a City of Visalia Department Head, or an exempt ion in the co ntract. If a contractor/vendo r/consultant is caught carrying a gun, without City permission, their contract will be terminated.

L. Executive Order N-6-22 – Russia Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N -6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a ta rget of Economic Sa nctions. Accordingly, should the State determine Contractor is a target of Economic Sanctio ns or is conducting proh ibited transactions with sanctioned individuals or entities, that shall be grou nds for termination of this ag reement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 cal endar days to provide a written response. Termination shall be at the sole discretion of the State.

M. Guarantees and Warranties:

1. IN GENERA L: All gu arantees a nd warra nties spec ifically called for by the spec ifications and/or this Agreement shall expressly run to the benefit of the CITY.

2. ONE YEAR GUARANTEE: Besides guarantees required elsewhere , contractor shall and hereby does guarantee the p roduct(s) for a pe riod of one year af ter the date of accept ance by CITY. Acceptance will be signified upon full payment to the vendor.

3. WARRANTIES: Warranties req uired by the Invitation to Bid or this A greement sha ll commence on t he date of acceptance o f t he work by CITY, unless otherwise provided in a Certificate of Substantial Completion.

CONTRACTOR warrants that the materials and equipment furnish ed under the Agreement will be new and of recent manufacturer unless otherwise specified, and that all wo rk will be of good quality, free from faults and defec ts, and in co nformance with the Agreement. Work that does not conform may be considered defectiv e. This warranty excludes remedy for damage or defect caused by a buse, modifications not executed by the CONTRACTOR, improper or in sufficient maintenance, improper operation, or normal wear and tear under normal usage.

CONTRACTOR warrants that title to all wor k covered by an application for payment wi ll pass to the CIT Y eith er by incorporation in the constr uction or upo n th e receipt of payment by the CONTRACTOR, whichever occurs first, free and clear of all liens.

CONTRACTOR warrants and guarantees that title to all work, materials, and equipment covered by any application for payment, whether incorporated in the project or not, will pass to CITY no later than the time of payment free and clear of all liens.

No mat erials o r supplies for the project shall be pu rchased by the CO NTRACTOR or SUBCONTRACTOR subject to any mo rtgage or un der a condition of sale con tract or othe r agreement by which an interest is retai ned by the se ller. CONTRACTOR warrants that it has good title to all materials and supplies used by it in the project, free from all liens.

CONTRACTOR shall indemnify and hold CITY harmless from all claims growing out of the lawful demands of SUBCONTRA CTORS, labore rs, workers, mech anics, mater ial pers ons, an d furnishers of machinery and parts thereof, e quipment, power tools, and all supplies, incurred in furtherance o f the performance of this Agreeme nt. CONTRACTOR s hall, at C ITY’s request, furnish satisfactory evidence that all obligations of the nature here and above designated have been paid, discharg ed, or w aived. I f CONTRACTOR fails to do so, then CITY may, after having served written notice on the CONTRACTOR, either pay directly unpaid bills, of w hich the CITY has written notice, or withhold from the CONTRACTOR’s unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is RFB No. 22-23-24
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furnished that all liabilities have been fully discharg ed where upon payment t o the CONTRACTOR shall be resumed, in accordance of the terms of this Agreement, but in no event shall the provisions of t his se ntence be co nstrued to i mpose any ob ligations on th e C ITY to either the CONTRA CTOR or its surety. In pay ing any unpai d bi lls of the CO NTRACTOR, th e CITY shall be deemed the agent of the CONTRACTOR and any pa yment so made by the CITY shall be considered as payment made under the contract by the CITY to the CONTRACTOR and the CITY shall not be liable to the CONTRACTOR for any such payments made in good faith.

Any defective work that is either corrected or repl aced shall be warrantied and guaranteed fo r a period of one year from the date of such correction or replacement.

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EXHIBIT “D”

PRODUCT SPECIFICATIONS
(To Accompany Bid Form)

Mandatory Specifications YES NO Details/Comments
Equipped with light-emitting diodes to
facilitate work under poor lighting
conditions

Produce a spreading distance up to

14.5 in

Produce a max pulling force of 13,714
lbf

Produce a pulling distance of 15 in
Max cutter opening of 12.2 in
Dual pilot check valve
Tool should be protected by a pressure
relief valve

Max operating pressure will be 10,000
psi

Must be NFPA 1936; 2020 Edition
certified and shall be labeled as such
bearing the mark of the testing agency

Ambient temp toleration range of -4
degrees

Unit dimensions should be max 34.5” L
x 9.25’” W x 9.96” H

Hydraulically activated piston with 2
equal, opposite blade arms

Does not need to be connected to an
external hydraulic source

Cylinder made of anti-corrosive light
aluminum alloy. Body shall have a
high impact, non-metallic housing.

With ventilation holes on both sides of
the unit for colling the motor.

Max spreading force up to 337,230 lbf
Tips should be removable and
multifunctional and be used for
spreading, peeling, squeezing and
pulling without needing to be changed

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Removable tips should have shark’s
tooth aggressive design for max
performance and gripping capability

Blades should have a straight serrated
edge design and contain shackle holes
for pulling applications. Blades should
be attached to the piston rod via
removable links, and made of heat
treated, shock resistant, forged tool
steel.

The control mechanism should allow
for 360 degree operations in any
position

Tool shall have 2 handles, with one
located toward the center of the tool for
even balance, and the second located
below the control mechanism and be
part of the protective housing and allow
for easy operation with the thumb of
the operator.

Cutting classification should be no less
than A7/B8/C7/D8/E7/F4 as defined
in NFPA 1936; 2020 and certified by a
3rd party testing agency.

Tool should not weigh more than 41
lbs, excluding power supply

Tool should be able to operate
submerged in fresh water up to 11 ft.

Tool dashboard should illuminate to
notify user of higher than normal
temperature in the main circuit board

Tool dashboard should display a
pressure indicator that continually
changes showing level of pressure
produced by tool throughout operation

Dashboard should indicate battery
state of charge

Open and Close icons shall illuminate
on the tool dashboard when the trigger
control valve is actuated

Illumination of power ring should
change color when the tool reaches a
specified parameter and the tool detects
a greater than 10 degree rotation along
its linear axis, displaying an alert.

City requests a full warranty to cover
all parts and labor for a period of two
(2) years

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