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HomeMy WebLinkAboutC-4377 - Service Contract for Fire Engine No. 2418 Retrofit and ConversionAMENDMENT NO. 1 TO SERVICE CONTRACT WITH MASTER BODY SALES & SERVICE, INC. FOR FIRE ENGINE NO. 2418 RETROFIT AND CONVERSION THIS AMENDMENT NO. 1 TO SERVICE CONTRACT, is entered into as of this day of December, 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and MASTER BODY SALES & SERVICE, INC., a California Corporation doing business as Master Body Works whose address is 9824 Atlantic Ave., South Gate, California 90280 ( "CONTRACTOR "), and is made with reference to the following: RECITALS: A. On September 11, 2009 CITY and CONTRACTOR entered into a Service Contract, hereinafter referred to as "AGREEMENT," for the retrofit and conversion of City's spare Hendrickson Motor Truck Company (HME) Fire Engine No. 2418 ( "Engine ") to accommodate the City's needs, hereinafter referred to as "PROJECT." B. CITY desires to enter into this AMENDMENT NO. 1 to effectuate prpgress payments to CONTRACTOR for partial completion of the PROJECT and to receive certain assurances and liquidated damages provisions should CONTRACTOR not complete the PROJECT and deliver the Engine to the CITY by the previously agreed upon date of January 9, 2010, that were not previously included in the AGREEMENT. C. CITY and CONTRACTOR mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 1," as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of the AGREEMENT shall remain as set forth in the AGREEMENT. 2. COMPENSATION The last sentence of paragraph No. 3 to the Agreement shall be amended to read as follows: City shall pay CONTRACTOR a progress payment in the amount of Fifteen Thousand Dollars and 001100 ($15,000.00) when, in CITY's sole descreation, CONTRACTOR has completed Thirty -Three Percent (33 %) of the Scope of Work required in the AGREEMENT. This progress payment for the completion of Thirty- Three (33 %) of the PROJECT shall be made by CITY to CONTRACTOR within fourteen (14) calendar days of of CITY'S determination. 0 0 CITY shall pay CONTRACTOR an additional progress payment in the amount of Fifteen Thousand Dollars and 00/100 ($15,000.00) when, in CITY's sole descreation, CONTRACTOR has completed Sixty -Six Percent (66 %) of the Scope of Work required in the AGREEMENT. This partial payment for the completion of Sixty -Six (66 %) of the PROJECT shall be made by CITY to CONTRACTOR within fourteen (14) calendar days of of CITY'S determination. CITY sall pay CONTRACTOR all remaining amounts owed under the AGREEMENT, minus any liquidated damages, no later than thirty (30) days after completion of all work, delivery of Engine and approval of the final invoice by City staff. 3. LIQUIDATED DAMAGES CITY and CONTRACTOR understand and acknowledge that should CONTRACTOR fail to complete the PROJECT and deliver the Engine by the previously agreed upon date of January 9, 2010 that the CITY may incurre various costs and expenses related to this delay in the completion of the PROJECT and /or the delivery of the Engine. CONTRACTOR thereby acknowledges that these costs and expenses that the CITY may incurre related to CONTRACTORS delay in the completion of the PROJECT and/or the delivery of the Engine are difficult to calculate and determine and as such, CITY and CONTRACTOR have agreed to the specified liquidated damages amount stated below. If completion of the PROJECT and delivey of the Engine is delayed beyod the time specified in the AGREEMENT, and the delay is not excused by CITY, CONTRACTOR shall pay to CITY the sum of Two Hundred and Eighty -Five and no /100 ($ 285.00) per day for each calendar day during which completion of the PROJECT and delivery of the Engine is delayed beyond the time specified for completion. 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. Page 2 IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. APPROVED AS TO FORM: OFFICE OF T ITY ATT By: Kyl E Owen, Deputy City Attorney CITY OF NEWPORT BEACH, EY A Municipal Corpor ion By: _ 5 - — Steve Lewis, Fire Chief ATTEST: 1W� .0C/T[ By. CLEf1i� eilani Brown, - City Clerk SEW �T Ok 6�u s Page 3 CONRACTO By:_7x'--- iar66s Coa By: R BODY WORKS President Nam: Title: k,,,1 - (Financial ,, , (Financial Officer) • • C- y311 SERVICE CONTRACT WITH MASTER BODY SALES & SERVICE, INC. FOR FIRE ENGINE NO. 2418 RETROFIT AND CONVERSION THIS CONTRACT is made and entered into as of this 11th day of September, 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation and Charter City ( "City "), and MASTER BODY SALES & SERVICE, INC., a California Corporation doing business as Mater Body Works, whose principal place of business is 9824 Atlantic Ave., South Gate, CA 90280 ( "Contractor "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. The Santa Ana UASI has awarded City grant funds for training and equipment purposes to implement a Cal -EMA Type 1 Urban Search and Rescue resource. The equipment shall be used to respond to confined space incidents, collapsed building extrications, trench rescues and high angle rescues. C. City requires a vehicle to implement the Urban Search and Rescue resource. D. City desires to retrofit and convert City's spare Hendrickson Motor Truck Company (HME) Fire Engine No. 2418 ( "Engine ") to accommodate the City's needs. E. City desires to engage Contractor to retrofit and convert fire engine No. 2418 ( "Project "). Contractor has agreed to perform the Project over a 120 day period, commencing on September 11, 2009. F. The Principal contact for purposes of the Project shall be James Coates. G. Contractor has examined the Engine, carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Aeement shall commence on the above written date, and shall terminate on the 99 day of January 2010, unless terminated earlier as set forth herein. 0 0 Time is of the essence in the performance of services under this Agreement and Contractor shall complete the Work within the time set forth in this Section. The failure by Contractor to meet this deadline may result in termination of this Agreement by City. 2. SCOPE OF WORK Contractor shall perform all the services described in the Scope of Work attached hereto as Exhibit A and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances. Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project. 3. COMPENSATION As full compensation for the performance and completion of the Project as required by the Scope of Work, City shall pay to Contractor and Contractor accepts as full payment the sum of Eighty Four Thousand Nine Hundred Ninety Dollars and 001100 ($84,990.00). Contractor shall not receive any additional compensation unless approved in advance by the City in writing. City shall pay Contractor no later than thirty (30) days after completion of all work, delivery of Engine and approval of the final invoice by City staff. 4. ADMINISTRATION This Agreement will be administered by the Fire Department. Steve Lewis shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 5. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE 5.1 Contractor shall use only the standard materials described in Exhibit A in performing services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed unless approved in advance by the City Administrator in writing. Pane 2 • • 5.2 All of the services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 6. RESPONSIBILITY FOR DAMAGES OR INJURY 6.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the services required hereunder; or for damage to property from any cause arising from the performance of the Project by Contractor, or its subconcontractors, or its workers, or anyone employed by either of them. 6.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 6.3 Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damage, or any other claims: (1) arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement; (2) use of improper materials in performing this Project including, without limitation, defects in workmanship or materials and /or design defects; and/or (3) any and all claims asserted by Contractor's subconcontractors or suppliers on the Project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. However, nothing herein shall require Contractor to indemnify City from the sole negligence or willful misconduct of City, ifs officers or employees. 6.4 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 6.5 Nothing in this section shall be construed as authorizing any award of attorney's fees in any action to enforce the terms of this Agreement, except to the extent provided in Section 6.3 above. Pann 3 7 0 0 6.6 The rights and obligations set forth in this Section shall survive the termination of this Contract. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of the City. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Contractor on the Project. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit or performance of any work. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. Workers' Compensation Coverage. Workers' Compensation Insurance Insurance for his or her employees in Pane d Contractor shall maintain and Employer's Liability accordance with the laws of 0 • the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. Pana 5 0 0 iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Contractor's performance under this Contract. G. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 10. PREVAILING WAGES Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime work for each craft or type of workman needed to execute the work contemplated under the Agreement shall be paid to all workmen employed on the work to be done according to the Agreement by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703.4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 11. SUBCONTRACTING City and Contractor agree that subcontractors may be used to complete the work outlined in the Scope of Services provided the Contractor obtains City approval Pano R • • prior to the subcontractor performing any work. Contractor shall be fully responsible to City for all acts and omissions of the subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. 12. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Contract. Contractor shall not discontinue work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 13. CONFLICTS OF INTEREST The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 14. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Chief Steve Lewis Fire Department City of Newport Beach P.O. Box 1768 3300 Newport Blvd. Newport Beach, CA, 92658 Pane 7 0 0 Phone: (949) 644 -3101 Fax: (949) 644 -3388 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: James Coates, President 9824 Atlantic Ave. South Gate, CA 90280 Phone: (323) 564 -6901 Fax: (323) 564 -2462 james@masterbody.com 15. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Agreement. 16. COMPLIANCE WITH ALL LAWS Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 17. WAIVER A waiver by City of any term, covenant, or condition in the Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. Pane R 0 0 18. INTEGRATED AGREEMENT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal Agreement or implied covenant shall be held to vary the provisions herein. 19. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services, the terms of this Agreement shall govern. 20. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Agreement by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has taken into consideration these factors in submitting its Project Proposal and Scope of Work. 22. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 23. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 24. WARRANTY Contractor agrees that the services and equipment installed pursuant to this Agreement shall be covered by a one (1) year wear warranty for all parts and labor. Pana 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: A,,--, C� Aaron C. Harp Assistant City Attorney ATTEST: J�ffplly- CrT y B Leilani Brown, City Clerk O ®�iU e.� c1�I FORS`\P CI1 All Mayor CONRACTOR: WORKS A go go Name: Title: Attachments: Exhibit A - Scope of Services Pane 10 MASTER BODY Coates, President (Financial Officer) • • Third Alarm Fire Equipment Co. 28248 Geneva Lane — PO Box 204 Lake Arrowhead, CA 92352 Phone : 909 - 337 -4501 - Fax : 909- 336 -1352 For: Newport Beach Fire Department 592 Superior Ave. Newport Beach, CA 92663 Cell- 909 -289 -9085 Quotation Number 61709 Contact Ryan Popovich Date 6 \ 17109 Inquiry Rescue Unit Customer Newport Beach Fire Dept. Terms Net 30 Days Salesman Steve Leidner Phone 949 -644 -3373 We are pleased to submit a quote for Newport Beach Fire Department. To retrofit an existing Fireban pumper to rescue unit. The following work Will be performed per our rough drawings: 1) Pump Enclosure Area a) Remove the pump enclosure b) Remove Pump c) Remove plumbing d) Install driveline and carrier bearing e) Fabricate and install new compartment where pump enclosure was located f) Compartment to be width as the rest of the unit g) Storage for reels on each side of compartment h) Front section to only be 25 deep ( the engine is behind this area 1) Large through compartment behind the 25" section j) Structure to hold Air -Kwik system k) 2 each shelves ( if no Air -Kwik system ) 1) Aluminum roll up doors 2) Remove water tank 3) Left side existing compartments a) Extend compartment to other side of unit where tank used to be b) Make large pull outs in each compartment to go through to other side compartments 4) Hose bed area a) Leave existing hose bed covers b) Fabricate a compartment in the hose bed area c) Left side to hold stocks and a couple back boards d) Main area to be able to hold 20 sheets of 48" wide plywood e) Area above this compartment to hold other miscellaneous shoring wood 0 0 5) Rear compartment to hold power equipment a) Fabricate removable ramp for power equipment b) Install winch on back wall of compartment to load power equipment 6) Rear hitch for a 12,000 Ibs trailer capacity with 7 way trailer receptacle 7) Right side of unit a) Remove ladder brackets b)Fabricate 3 compartment in the ladder storage area c) Roll up on each compartment d) Shelf in each compartment 8) Paint new area to match existing unit Price: $84,990.00 The above quote is an estimate for the work described above Include any extra items that be due unforeseeable conflicts. If you should have any questions do not hesitate to call Thank You, Steve Leidner • ps Dept B 'gib""" MW M�Y� — ---------- R—=P C:5 0 All dlmane lons. town .114PP 4N4 MASTER nom 1124M�A��GIWGMO iw MW �V 0§,� INC w I DESC p; MM. R7. Ifl—N.. lb. 0�' de JOB #: p e c � mm.��w' .1 • R ] ♦ 5 6 P c o JE I ' f fl c n 7 1/811 -- 25 ) !Stokes Backb Basket & and storage Q � oeovv 0 �� so a a� v CD Fire Dept, _ — e 2 "Hitchreciver Dept' 12,000 lbs 96" Overall Width L C B mans onr, wlPn areapp nwa rnb /acf to ndnwdwlaHanwtl¢aruary In aomm�rflon rt]�r ^,t M, ~.g ro Nrm muMan m,dbrhouW llof br d( W(Pd Vi! (0( IIMIIL MASTER BODY W00.KS. ;NC Ix.unce nP,Fmxunlwvw,ue, 9RWLtt tPVd KUTJIM '"°"R ° " "° ° �° rew°Rwr°< REP (y n„ P IOp9 9]H MIeN1s A "mm, 9p°ArOeb. CA M2N Td'dg3046W(. M1i311M0.11� mnKMXy.wm pyy(,,a Sl vanN IN° Tyq: a°1 ZCN[ RCl OE9CWFIIQY W1L MiflCVEO I P,W_mgmnmh IU. W�OPI OAN. tN. W8' In F tl tFn• Ib. .MUA IM ,kf On h I pWV6 811rwN°KU° 70B i . Spec. 0 0 2 4 F{ R1. 0 R — ----- — C: I --)A L 207 Heflyp Door Head 42^ r7 1 2 1 3— 4 1 5 1 6 ubjra to .Smmolb. Q)MASTEP. EZ ph ME I REV I m I nn R—ORPIMM", 11, MR.'M R blo 1. w, p B S wc. 1 M L"'." -1 b Oa 4R 0 C, CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 17 August 11, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Fire Department Steve Lewis, Fire Chief, 644 -3101 slewis@nbfd.net SUBJECT: Reassignment of Funds for USAR Vehicle RECOMMENDATION: 1. Reallocate funds from the Fire Department Capital Improvement Projects (C1P) fund to convert spare fire engine #2418 to accommodate tools and equipment obtained through an Urban Area Security Initiative grant. 2. Approve Budget Amendment reallocating $84,990 from account 7011- C2320715 to account 23209300. DISCUSSION: The Urban Area Security Initiative (UASI) grant was established in 2003 by the Department of Homeland Security (DHS) to provide funding for training and equipment for emergency personnel. The urban areas are chosen by DHS based on a formula that takes into account factors such as critical infrastructure, population density, and credible threat information. Among other densely populated areas, the Cities of Santa Ana and Anaheim were jointly awarded approximately $14 million dollars in the fiscal year 2008. Both UASI cities and the County of Orange have teamed up to forge one of the most cohesive, focused, and regional partnerships anywhere in the nation. The City of Newport Beach falls within the Santa Ana UASI areas, administered by the City of Santa Ana. The Santa Ana UASI set aside a total of $208,000 for equipment to be used by Newport Beach Fire Department to put into place a Cal -EMA Type 1 Urban Search and Rescue resource. This equipment will be used to respond to confined space incidents, collapsed building extrications, trench rescues, and high angle rescues. In the initial grant request, we requested a vehicle to accommodate the acquired grant equipment. With the economic downturn, the federal government has withdrawn all vehicles from any UASI grants. The only things being distributed at this time are training and equipment. Initial discussions among Newport Beach Fire staff and General Service staff were to look at new vehicles that we could purchase on our own. Again, with the economic 0 0 climate that existed we felt in order to be fiscally responsible we needed to look at used vehicles or possibly some of the older apparatus in our fleet that could easily be converted to serve the purposes we need. Within our fleet the Hendrickson Motor Truck Company (HME) engine would be the best candidate for conversion. It is a spare reserve engine that is used most often as a back up when one of our first line trucks is in the shop for repair work. Even with the conversion, this apparatus would still be able to be used as a back -up truck when called upon. We contacted Third Alarm Fire Equipment Co. that specializes in engine conversions. This is a sole source purchase. In our extensive research we found that there are no other companies in Southern California that specializes in this type of work. They gave us a quote of $84,990 to reconfigure the engine from its present set up to a configuration that would accommodate all of the equipment that we need to place on it. Obviously this is a small fraction of what a new piece of apparatus would cost and once the apparatus is converted we should obtain a number of year's usage from it. We are asking to have monies that were budgeted in account 7011 - 02320715 be reallocated to account 23209300. The monies that resided in account 7011 - 02320715 were designated for training tower enhancements. The usage of the $84,990 for the conversion will still leave monies available to complete several training tower enhancements, and those enhancements that are deferred will be reconsidered in another budgetary period. While our original intent was to use all of the monies in account 7011- C2320715 for purposes of enhancements to the training tower, once the opportunity for vehicle acquisition dosed we needed to rethink how to best accomplish our mission of implementing our Urban Search and Resale capability. We feel this conversion of one of our spare reserve engines is the most cost effective way to accomplish this. This converted engine, along with the UASI grant- obtained equipment, will be used in conjunction with another asset we will acquire from the State of California at no cost to the City of Newport Beach. This State asset is a trailer fully equipped with "medium typed -2" USAR equipment. This State asset is another agenda item that is pending your approval on a Memorandum of Agreement with the State for acquisition for this trailer and equipment. This State asset, should you approve if, will arrive late August 2009. This combination of a trailer /equipment coupled with the converted engine /equipment will place us in a position that we will now have, for the first time, full capability to handle any emergency that utilizes those disciplines that fall within a USAR incident. If approved, we would authorize City Attorney staff to negotiate a contract with Third Alarm Fire Equipment Co. Prepared by: Submitted by: Steve Lewws, Fire Chief Steve Lewis, Fire Chief Attachments: Budget Amendment Quotation Schematic 0 0 Third Alarm Fire Equipment Co. 28248 Geneva Lane — PO Box 204 Lake Arrowhead, CA 92352 Phone: 909 - 337 -4501 - Fax: 909- 336 -1352 For: Newport Beach Fire Department 592 Superior Ave. Newport Beach. CA 92663 Cell- 909 - 289 -9085 Quotation Number 61709 Contact Ryan Popovich Date 6117109 Inquiry Rescue Unit Customer Newport Beach Fire Dept. Terms Net 30 Days Salesman Steve Leidner Phone 949 - 644 -3373 We are pleased to submit a quote for Newport Beads Fire Department To retrofit an existing Fireban pumper to rescue unit. The followim work VM be performed per our rough drawings: 1) Pump Enclosure Area a) Remove the pump enclosure b) Remove Pump c) Remove plumbing d) Install drivetine and carrier bearing e) Fabricate and install new compartment where pump enclosure was located I) Compartment to be width as the rest of the unit g) Storage for reels on each side of compartment h) Front section to only be 25" deep ( the engine is behind this area i) Large through compartment behind the 25" section j) Structure to hold Air -Kwik system k) 2 each shelves (if no Air -Kwik system) 1) Aluminum roll up doors 2) Remove water tank 3) Left.side existing compartments a) Extend compartment to other side of unit where tank used to be b) Make large pull outs in each compartment to go through to other side compartments 4) Hose bed area a) Leave existing hose bed covers b) Fabricate a compartment in the hose bed area c) Left side to hold stocks and a couple back boards d) Main area to be able to hold 20 sheets of 48" wide plywood e) Area above this compartment to hold other miscellaneous shoring wood 0 0 S) Rear compartment to told power equipment a) Fabricate removable ramp for power equipment b) Install winch on back wall of compartment to load power equipment 6) Rear hitch for a 12,000 Ibs trailer capacity with 7 way trailer receptacle 7) Right side of unit a) Remove ladder brackets b)Fabricate 3 compartment in the ladder storage area c) Roll up on each compartment d) Shelf in each compartment 8) Paint new area to match existing unit Price: $84,990.00 The above quote is an estimate for the work described above = e. Include any extra items that be due unforeseeable conflicts. The above price is 1 % 000 or net 10 FOB Master Body in South Gate. If you should have any questions do not hesitate to call Thank You, Steve Leidner e a 7 1!8" r l�d25 /Stokes Basket & Backb and storage CD Cn- V ® 0 Sir i a O Fire ire D Dept' 2" Hitch reciver 12,000 lbs o 96" Overall Width �,, eroay MA E. awgxrle NnadeHaNm p"K+nearyla �aOO'/w �mnnnelme hF,V!^J. Yflb dnwMS7J FroP/1tta7�fib/'Mrawl •edbNorNnatLl ��n wtljONa"0i4xeau'�"rtieer �a � fa+nnum n.w>waro"..cnww M Ylidw 101, sn D�1suaM9 i sDec dM r, E C of Newport Beach • NO. BA- 40BA -008 BUDGET AMENDMENT 2009 -10 AMOUNT: sea,99o.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates increase in Budgetary Fund Balance Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance PX Transfer Budget Appropriations fj No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To transfer expenditure appropriations to to cover costs associated with the conversion of one of the City's back up engines to an Urban Search And Rescue (USAR) vehicle. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTfMATES (3801) Fundoivision Ac coum EXPENDITURE APPROPRIATIONS (3803) Division Account Division Account Division Account Division Account Signed: Signed: Signed: Description Description Description Number 7014 Facilities Number C2320715 Big Canyon fire Training Facility Number 2320 Fire: Operations Number 9300 Equipment NOC Number Number Number Number Approval: Manager City Council Approval: City Clerk Amount Debit Credit $84,990.00 $84,990.00 a'lOir� Director Date g Data