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.
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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.
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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�
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By. CLEf1i�
eilani Brown, -
City Clerk
SEW �T
Ok 6�u s
Page 3
CONRACTO
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By:
R BODY WORKS
President
Nam:
Title: k,,,1 -
(Financial
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(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.
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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.
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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.
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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
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Contractor shall maintain
and Employer's Liability
accordance with the laws of
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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.
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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
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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
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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.
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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.
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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
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c1�I FORS`\P
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All
Mayor
CONRACTOR:
WORKS A
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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
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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
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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
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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
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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
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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
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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