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HomeMy WebLinkAbout10/20/2009, B5 - FIRE ENGINE/TRUCK PURCHASE council e 10,20,09 acEnaa REpoM CITY O F SAN LUIS O B I S P O FROM: John Callahan, Fire Chief Prepared By: William R. Dugger, Fire Vehicle Mechanic Viv Dilts,Administrative Analyst SUBJECT: FIRE ENGINE/TRUCK PURCHASE RECOMMENDATION 1. Approve a sole source acquisition of a Pierce Tillered Aerial Quint. 2. Authorize the Mayor to enter into a purchase agreement with Pierce Manufacturing in the amount of$1,014,181.46 (including sales tax). REPORT-IN-BRIEF The Council approved funding in the amount of $1,040,000 in the 2009-11 Financial Plan (Appendix B, Capital Improvement Plan, Page 3-64) for the purchase of a replacement fire engine/truck. This report discusses the need for a replacement engine/fire truck, what type of vehicle should be purchased and why it should be sole-sourced. A committee composed of fire personnel thoroughly analyzed available truck options and what is best suited for the City. After months of extensive review, the committee unanimously recommended a Pierce Tractor Drawn Quint. The proposed agreement is provided in Attachment 1. DISCUSSION Funding for the purchase of a replacement fire engine/truck was approved for 2009-10 in the 2009-11 Financial Plan to replace the current"Quint," which is capable of five functions 1. Aerial ladder 2. Ground ladders 3. Hose 4. Water tank 5. Pump Unlike a straight truck, which only has an aerial ladder and ground ladders and must be supported by a pumper (fire engine), a Quint can operate alone, reducing the fleet and staffing as it does not need a separate pumper to assist it in delivering water. In day-to-day operations,the existing 135= 1 f\J Fire Engine/Truck Purchase Page 2 Quint serves more as an engine in front-line service than as a ladder truck. To determine what type of fire engine/truck should be purchased, a committee composed of fire personnel was formed in early 2008. After months of research, the committee unanimously recommended and the Fire Chief agrees that a 100-foot Pierce Tractor Drawn Quint would best serve the community and the fire department for the next 15 to 20 years. There are two primary differences in features between the current Quint and the proposed replacement: 1. A 100-foot ladder is proposed rather the current 75-foot ladder in order to meet future new tall building needs. 2. It will be "tillered" for improved maneuverability on City streets. The following provides additional information about the proposed replacement. What is a Quint? A tillered ladder truck, also known as a tractor drawn aerial or a hook-and-ladder truck, is a specialized turntable ladder mounted on a semi-trailer truck. This vehicle also carries a complement of ground ladders and an assortment of equipment in the many compartments. It has separate steering wheels for front and rear wheels. This truck is often used in areas with narrow streets that prevent longer single-vehicle trucks from entering. A tillered Quint aerial truck performs these same functions but has the added capability of carrying water with a means of delivering it. The option of ordering a truck without a pump (a "non-Quint") was also reviewed. However, the committee's research found that with the engine/truck being the only apparatus responding out of Station 1, the truck needs to be an all-risk vehicle. Many cities in the United States operate an engine company in the firehouse along with a straight truck. These two pieces of apparatus run as a two-piece company. Both units in this configuration are inseparable, as the truck depends on the pumper to supply it and both must be taken everywhere together. This operation, if applied in the City would require the acquisition of an additional pumper and additional staffing for an engine company. These associated additional costs were avoided in 1993 when a 1956 straight truck was replaced with the purchase of the 1993 Pierce Quint. Why Does the City Need a Replacement Quint Now? The City's current Quint was purchased in 1993 and has met the needs of the City and its growth for the past sixteen years. Over this period the City has seen substantial call load increases and began contracting fire service with the Cal Poly campus. The existing 1993 Quint has been in front line service for the past sixteen years and per the fleet management guidelines is due for replacement, recognizing that even if the order is placed at this time, it will be one year before it delivered and available for service. It will however provide a viable reserve component for the department due to reduced use as a reserve unit after replacement. Should this the existing unit continue to be used as the first responding vehicle a5'-� Fire Engine/Truck Purchase Page 3 reliability becomes a concern. Additionally, repair costs are now increasing due to aged components and parts availability is becoming an issue. Staff will present more information on maintenance and downtime during the October 20 Council presentation. The lack of ladder truck protection due to down time will be vastly reduced to a more acceptable level when a second truck is obtained. Currently, in instances where the existing truck is taken out of service for repairs, the department has to rely on mutual aid assistance from other cities, which results in considerable delay. The nearest unit responding is 30 minutes away. Having a second truck will also provide an additional resource that is available to meet requests for mutual aid assistance outside the City while leaving protection in place for the City. The City's current Insurance Services Organization (ISO) grades cities on the level of delivery of service. These ratings are based on staffing, equipment and water delivery (hydrant) systems. The better the rating the lower the insurance rates in the City of San Luis Obispo for businesses and citizens. The Fire department rating, which was last conducted when the fire department had two aerial ladder devices, will be maintained during future grading by having a reliable reserve aerial. Why Does the City Need a Quint with a 100-Foot Ladder? Fire Department staff and the engine/truck committee examined what is currently in operation—a 75-foot Pierce Single Chassis Quint. It was determined that a 75-foot aerial does not meet the current needs and height ordinances of the City. Fire staff has concluded that a 100-foot ladder would best serve the City for the next 15-20 years. Cal Poly, which now falls under the fire department's jurisdiction, has had significant growth towards Poly Canyon, including large setbacks and many new buildings reaching five stories. The City has also annexed large portions of Cerro San Luis Mountain and Bishops Peak, which added the responsibility of high angle rescue to the fire department and the need to buy and store that equipment on our current Quint. Why Does the City Need a "Tillered" Quint? A tiller is a highly maneuverable tractor drawn aerial device. It has a tractor [similar to a semi truck and trailer] that tows the aerial section. The aerial section has a steer axle for maneuverability. This is the appropriate configuration when the vehicle has a 100' ladder. Other areas of concern include potential increase in height ordinances, the decreased diameter of cul-de-sacs, existing building setbacks and proposed building setbacks. Our current Quint also has limitations based on its angle of departure, which limits the access to over a dozen residential streets in the City along with countless driveways. These are termed "No-Go" areas for the department's existing Quint due to the lack of ground clearance. Would Current Staffing Be Affected? Current staffing for the existing Quint is four personnel. These include a captain, two engineers (driver/pump / ladder operators) and a firefighter/paramedic. These currently comprise the crew on the existing Quint. This would not change with the operation of a "Tillered Quint". One of the two engineers would become the tiller operator. BS-3 i Fire Engine/Truck-Purchase Page 4 Tillered 100' Aerial Quint Normal response routes across town or to the downtown corridor are not accessible when downtown activities such as Farmers Market, Tour de California, or other activities close off Higuera Street, or other main arteries. These events force the truck to take alternate routes through tight restricted passageways when responding. A tiller would alleviate this concern significantly as it will have the ability to more easily and safely traverse these areas. A tractor drawn Tiller, with its increased ground clearance, would have the same approximate angle of approach and departure as all of our engines. These enhanced angles would allow a Tiller to access most of the "no go" areas and make accessible a majority, if not all the approaches in the City. Single Chassis 100' Aerial Quint A 100-foot platform single-chassis truck was considered for purchase. Fortunately, the City of Atascadero recently took delivery of a new Pierce 105-foot platform truck. Our department was permitted to test drive it and we set it up in our city and at Cal Poly. It was determined that, although the reach on their ladder was very impressive, the truck itself had difficulty maneuvering around the City due to its overall size. It was also determined that the sheer size of the aerial platform (being almost 8 feet wide) would have difficulty maneuvering through the canopy of trees in our highest risk area, the downtown core. The platform truck also had the same inherent limitations that our current truck has with its departure angle, maneuverability, and lack of com artment space. _ t , Y �r J Fire Engine/Truck Purchase Page 5 What Manufacturer Should Be Used? Various aerial apparatus builders were analyzed including American LaFrance, Spartan (Crimson Fire Equipment), Seagrave, KME and Pierce. Pierce is recommended as the preferred manufacturer based on the following considerations. 1. Pierce and KME are the only companies that build deliverable Tillered Quint Aerial devices. 2. American LaFrance states that they make a tiller with pump and tank, but the City of Los Angeles recently cancelled their purchase order with American LaFrance for four tillered trucks because they simply could not get delivery. 3. Spartan apparently sells a Quint Tiller under the Crimson trade name but has no time-tested units in service, no deliveries of Quints indicated and no one to access for reference. The Crimson unit is constructed by shops in 5 different states. Final assembly is in Michigan. Pierce is built solely in Wisconsin under one roof. End users of Crimson non-Quint Tillers indicate that the units lack quality engineering and are assembled with poor manufacturing practices. 4. E-One and Seagrave produce Tillered trucks but have no Quint Tillers offered in their online product offering. In comparing the only two viable manufacturers of a Tillered Quint (Pierce and KME), the following items comparing suspension and aerial construction were deciding factors in attempting to provide Pierce a sole source acquisition: Suspension Pierce is the only company that offers independent torsion bar front suspension, which provides greater safety and superior handling over sprung straight axle suspension. Independent torsion bar suspension on both the of the steer axles reduce overall wear and tear on the entire apparatus including tires and brakes. "TAK-4" independent torsion bar front suspension systems shorten stopping distance by up to 23%, improves ride quality by 340% (as measured by accelerometer testing), improves handling, enhances vehicle control, increases load-carrying capacity to give more fire package flexibility, improves durability, and simplifies maintenance. A mechanic can adjust vehicle lean in just 15 minutes with the torsion bar anchor lock system. Pierce fire apparatus that incorporate "TAK-4" offer greater maneuverability. This suspension is also available on the tiller steer axle. The original TAK-4 systems were designed and built by Oshkosh Truck for the U.S. military and the harsh terrain their trucks need to tackle. It was put through 80,000 actual durability test miles, most of them in extreme off-road conditions. And, these systems have stood up to years to service on airport fire fighting and rescue vehicles. Then, when Pierce began to integrate the "TAK4" design into its chassis, more testing was done. A TAK-4 equipped fire chassis was subjected to durability testing at the Transportation Research Center in Ohio. TRC is one of the largest independent test facilities in the world for structural integrity testing of heavy truck components. Just how sharply a driver can turn the front wheels, or cramp angle, determines how tightly you tl 8S '.5' Fire Engine/Truck Purchase Page 6 can turn a fire truck. The higher the cramp angle, the more you can turn the front wheels. Pierce apparatus equipped with"TAK-4" offer the industry's highest cramp angles. KME does not offer independent suspension on their Tiller steer axle. KME does have independent suspension on the tractor but it is not a torsion bar type like that offered by Pierce. Instead it is an air bag type suspension. End users of this unit, who were contacted, complained of back problems because with this suspension, KME cannot offer air ride seats in the cab. Aerial Construction Pierce ladders are certified by Underwriters' Laboratory at 500 pounds tip rating, with a 2 1/2:1 safety rating. KME states in specifications to customers the same 500 pounds for tip load rating, however, no engineered safety factor is indicated, nor can third-party certification be determined. Claims of equal capacity can be made, but without third-party certification, they remain just claims. Pierce provides several standard features that are a direct indication of overall quality of workmanship, reliability of the apparatus and overall safety for personnel. As can be inferred from the attached table, Pierce's engineering practices, construction standards, and product responsibility is significantly better than that claimed by KME. In order to offer the significantly higher standard of warranty for all aspects of the apparatus, it must follow that the manufacturer puts additional care and effort into its construction practices and its choice of suppliers. The result is lower maintenance costs to the purchaser over the life of the unit and greater cost avoidance in the event of damage. When compared to the KME aerial, Pierce is a stronger and safer ladder. The table below defines specific differences between Pierce and KME. FEATURE PIERCE KME Bolt-on egress Yes No Standard aerial structural warranty 20 Years 10 Years Standard aerial hydraulic warranty 5 Years 3 Years Standard aerial cylinder&seal warranty 5 Years Cylinder/3 1 Year Yrs. Seal Standard rung cover warranty 10 Years 1 Year Standard cab warranty 10 Years 5 Years Standard body warranty 10 Years 5 Years Standard frame rail warranty Lifetime Lifetime Standard electrical warranty 5 Years (Multi-plex) 1 Year Standard paint warranty 10 Years 5 Years Standard plumbing warranty 10 Years 1 Year ISO 9001:2000 certified Yes No Complete vehicle third-party NFPA compliance Yes No certification ��� 2 Fire Engine/Truck Purchase Page 7 Based on this research a Tractor Drawn Quint by Pierce was unanimously selected by the engine/truck committee as the preferred apparatus. As a result of this research and the following, it is recommended that Pierce be awarded a sole source purchase. 1. Pierce currently comprises the entire first-out fire fleet for the City. Standardization with Pierce allows a "single manufacturer" fleet, which allows the fire shop to stock maintenance and spare components that are compatible with each other reducing cost and inventory. 2. Standardization with Pierce allows the department to deal with one vendor over warranty and service/repair issues, reduces training, operator error, and is easier for crew to move from one unit to another. CONCURRENCE The Finance & Information Technology Director concurs with a sole source purchase of this unit with Pierce Manufacturing and with the payment terms. FISCAL IMPACT The Council approved funding in the amount of $1,040,000 in the 2009-11 Financial Plan (Appendix B, Capital Improvement Plan, Page 3-64) for the purchase of a replacement fire engine/truck. The Council also approved debt financing for this project, which will result in annual debt service payments of $97,000 annually beginning in 2010-1.1 This net cost will be reduced by $25,000 annually based on payments from Cal Poly once the order for this purchase is placed. This cost will be further reduced over time from impact fees for new development benefitting from the taller 100-foot ladder. The contract proposal submitted by South Coast Fire Equipment, the Pierce Manufacturing dealer for this area of California, states the total cost of the Pierce Quint specified with no pre-payment deductions to total $1,014,181.46 (including sales tax). This offer is good for sixty days from it submittal. As discussed below, we considered several purchasing options. The attached proposal from Pierce offers the most favorable pricing of these options. ALTERNATIVES Competitive Bid Pursuing this acquisition through a competitive bid process will most probably result in Pierce Manufacturing being the only company that thoroughly complies with the specifications without taking numerous exceptions. Additionally the time delay will result in substantial cost increases expected after December 31, 2010. Cooperatively Purchase In an exercise to determine if cooperative purchasing could be a viable option for purchase, the following research compared a contract that the City of Seattle awarded to Pierce for a Tillered Aerial Ladder Truck on December 11, 2008. (Attachment 2) This purchase was put out to 65---� i Fire Engine/Truck Purchase Page 8 competitive bid. The results of this competitive bid process resulted in Pierce Manufacturing becoming the successful bidder. The pricing shown on the comparison study (Attachment 3) for specified items and the entire unit is U.S. General Services Administration (GSA) equivalent. South Coast Fire's pricing was shown to be less than GSA pricing in their competitive bid pricing for Seattle. The comparison shows the deductions for additional equipment requested by Seattle which are not required by the City. The pricing comparative study also includes additional equipment specified by the City but not included in Seattle's truck. The pricing comparison study also includes the water pump, tank and plumbing specified by the City to convert the Seattle-type straight truck into a Quint. The price difference reflects specific options required by each Department. Because each unit is custom built to meet the needs of the community it will serve, it is not surprising to see the difference in options that create this sort of price difference. As an example, San Luis Obispo does not have the challenges of ice and snow that Seattle is faced with. Other differences between these two units are in general, special items selected by Seattle and the City that are geared for each agency's specific needs, climate, topography, and preferences. The total pricing for the Quint the City proposes is less than Seattle's straight truck(without a water tank and pump). COST RECONCILIATION WITIi THE CITY OF SEATTLE PURCHASE Seattle Purchase Order Amount $939,295.0 Deductions and Additions Specific to San Luis Obispo ($5,798.44 Tag-on Price for San Luis Obispo $933,496.5 South Coast Pricing Adjustment to San Luis Obispo (915.91 Current Adjusted Price $9329580.6 A total breakdown of cost comparison for a cooperative purchase can be located in Attachment 3. Prepayment Options In the past, the City has elected to make a prepayment for the purchase of the chassis on an apparatus of this size. Making a prepayment reduces the total cost of the unit. Because of today's economic instability, the Finance & Information Technology Director does not recommend pursuing this prepayment option at this time. The net savings of $10,000 (after purchase of a performance bond) is not great enough to warrant the up-front expenditure of$290,000, especially in light of the current economic environment and the financial difficulties and bankruptcies experienced by even the most respected companies. as-�' l � Fire Engine/Truck Purchase Page 9 Cost Summary Pierce Quote $932,580.6 Sales Tax $81,600.81 Total Price $1,014,181.4 Approved CIP Funding ($1,040,000.00 Remaining Funds For Equipment Outfitting $25,818;5 ATTACHMENTS Attachment 1 Draft Agreement Attachment 2 Purchase order City of Seattle Washington Attachment 3 Pricing Comparative Study Pierce's proposal for San Luis Obispo is available for review in the Council Reading File T:/Council Agenda Repons/Fire CAR/CAR-Truck Purchase C. Attachment 1 AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of , by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and PIERCE MANUFACTURING COMPANY,hereinafter referred to as Contractor. WITNESSETH: WHEREAS, the City's purchasing procedures allow for a single-source supplier to finnish a certain item or service; and WHEREAS, Pierce Manufacturing is uniquely capable of furnishing a tillered aerial quint to the City. NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date of this Agreement is made and entered, as first written above, until completion and acceptance of said equipment. 2. INCORPORATION BY REFERENCE. Contractor's Proposal dated August 31, 2009 (with price summaries provided in Exhibit A) and Contract Performance Terms (Exhibit B) are incorporated in and made part of this Agreement. 3. CITY'S OBLIGATIONS. For providing equipment as specified in this Agreement, City will pay and Contractor shall receive therefore compensation in a total sum not to exceed $1,014,181.46. 4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to do everything required by this Agreement i Attachment 1 4. AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager of the City. 5. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 6. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Contractor Pierce Manufacturing Company 2600 American Drive Appleton, WI 54913 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. CX5 J Attachment 1 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO, Municipal Corporation By: City Clerk Mayor APPROVED AS TO FORM: CONTRACTOR By: City Attorney Pierce Manufacturing Company t" `AoL- Attachment 1 EXHIBIT A August 31,2009 John Callahan, Fire Chief 1 City of San Luis Obispo Fire Department 2160 Santa Barbara Avenue San Luis Obispo, California 93309 Re: Arrow XT aerial(TDA) Dear Chief Callahan: I am enclosing our proposal for your new aerial unit built on an Arrow XT chassis with this cover letter. A few of the significant features you'll find include: ✓ 515 horsepower Detroit Series 60 motor (EPA 2007 compliant) with an Allison EVS 4000 transmission ✓ Pierce TAK4 independent front suspension on both the front and tiller axles ✓ Harrison 8KW hydraulically driven generator with amplel20-volt electrical and lighting ✓ Waterous 1500 gpm pump and 250-gallon booster tank ✓ Pierce 100-foot heavy duty ladder with waterway and remote control monitor ✓ Full complement of shelving and trays in the equipment storage area ✓ Ten-year warranty on paint I have calculated the cost of the apparatus based on the lowest pricing available by comparing different purchasing schedules that are set up on a competitive basis. I have attached the data as an appendix to this letter so that you may review the results. The pricing provided in the purchasing options listed below is based on the equivalent GSA rate, which is the lowest available The subsequent cost of the unit described in this proposal is dependent on how the City may choose to purchase the apparatus. As in the case of previous purchases, Pierce deducts certain prepayment credits from the final invoice, depending on the selected purchasing option. The City may elect to prepay the chassis amount, combined chassis and aerial device amount, or the entire amount. If prepayment is chosen, a performance bond can be included in the specification at the City's discretion. Please take a look at the information and figures below. Option#1 (Purchase) This amount would be payable when the apparatus is completed at Pierce and ready for pick up at Pierce Manufacturing, Inc., in Appleton,WI. It is understood that the balance would be due and payment made not later than thirty days from the date of delivery to the City of San Luis Obispo and acceptance by the customer. Unit Price j Sales Tax j Total Arrow XT aerial(TDA) $932,580.65 $81,600.81 S 1,014,161.46 1 �3s"-13 Attachment 1 Option 02(Purchase wlchassis prepayment) Should the City elect to pay $289,974 for the chassis within 30 days of issuing a purchase order, the contract cost of the unit is reduced$10,727.38. This changes the unit cost to the following: Unit Price Sales Tax Total Arrow X7 aerial(TDA) I S 921.853,27 $80,662.15 I S 1,002.515.43 Pierce Manufacturing. Inc.. will carry adequate insurance on the chassis white it is in its possession and until delivery and acceptance by the City of San Luis Obispo. Option 03(Purchase w/chassis and aerial prepaymenl) The department may elect to pay for the chassis($289,974)and the aerial device($245,832) within 30 days of issuing a signed contract or a purchase order. If so, the cost of the unit is reduced$17,555.31. This changes the unit costs to the 10ovang: Unrl Price` Sales Tax Toral Arrmv XT aerial(TDA) ; S 915,025.34 S 80.064.72 $995,090.05 Option#4(Purchase w/100%prepayment) If, instead, the City chooses to pay the entire amount within 30 days of issuing a purchase order, a total discount of 534,923.88 is applied to the purchase. This would reduce the subsequent total unit cost to the following: UnB Prke j Sales Tax Total Arrow XT aerial(TDA) S 897,656.77 I S 78,544.97 S 976.201.74 The California State Sates Tax amount used in the pricing above was catculated at the rate of 8.75%. The discounts identified above are only those applied to the contract amount. They do not include additional savings the City would realize by paying reduced sales tax. The specific payment amounts would depend on which purchase option was chosen. We can provide more specific information should you need it. I would also like to add that,in the case of any prepayment, Pierce Manufacturing carries more than adequate insurance on the chassis andlor the entire unit while it is in their hands. If the City of San Luis Obispo should choose to purchase through a lease/purchase arrangement, a performanico bond will probably be required by the leasing company. Pierce Manufacturing currently receives the lowest rate of any fire apparatus manufacturer. The cost of such a bond should Pierce Manufacturing be required to post one would be calculated at$6 per thousand of the contract amount. If the City approves the purchase of the unit,a purchase order can be made out to: Pierce Manufacturing, Incorporated P.O.Box 2017 Appleton.W154912-2017 Attachment 1 Pierce Manufacturing works hand-in-hand with Oshkosh Capital to provide very competitive leaseipurchase rates and options. The advantages to this arrangement are: • The frost payment is due one year in arrears, therefore. placing it in the successive budget year following the actual purchase. • If this arrangement is used, Oshkosh Capital funds the purchase as soon as the agreement is completed and signed. The purchaser would. therefore, receive all discounts identified in option A4 and receive the commensurate unit cost. Oshkosh Capital requires that a performance bond be issued by Pierce Manufacturing for the unit, hcrwever, the cost to the purchaser for the bond is calculated at$6 per thousand. A 'Turning Performance Analysis' and an 'Electrical Analysis Report" are included for your review. You will also find a component list that offers.a quick way to evaluate options. I appreciate the opportunity to submit this information. and look forward to going over any questions you might have. I have also enjoyed meeting with Captain Ray Hais, Bill Ougger and the entire apparatus committee. All are very knowledgeable about apparatus and specifications and a pleasure to work with. Please let me know if there's anything else I can help with and feel free to give me a call. My cell number is(661)342.1670 and thanks again. Sincerely. Cary Eckard South Coast Fire Equipment l Attachment 1 EXHIBIT B Contract Performance Terms 1. Business Tax. Contractor must have a valid City of San Luis Obispo business tax certificate prior to execution of the contract. Additional information regarding the City's business tax program may be obtained by calling (805) 781-7134. 2. Ability to Perform. Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws,.ordinances, and regulations. 3. Laws to be Observed. Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances,regulations and adopted codes during its performance of the work. 4. Payment of Taxes. The contract prices shall include full compensation for all taxes which Contractor is required to pay. 5. Permits and Licenses. Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 6. Safety Provisions. Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 7. Public and Employee Safety. Whenever Contractor's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 8. Preservation of City Property. Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged as a result of Contractor's operations, it shall be replaced or restored at Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. 9. Immigration Act of 1986. Contractor warrants on behalf of itself and all sub-contractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 10. Contractor Non-Discrimination. In the performance of this work, Contractor agrees it will not engage in, nor permit such sub-contractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 13b`_/(=� n Attachment 1 11. Delivery. Prices quoted for all equipment to be provided under the terms and conditions of this Agreement shall include delivery charges, to be delivered F.O.B. San Luis Obispo by the Contractor and received by the City within three hundred (300) calendar days after contract execution. 12. Payment Terms. The City's payment terms are within 30 days from the receipt of an original invoice, delivery of the equipment to San Luis Obispo and acceptance by the City of the equipment provided by the Contractor(Net 30). 13. Liquidated Damages. In the event that the Contractor does not meet the work completion date specified above, the purchase price shall be reduced in the amount of two hundred and fifty dollars ($250.00) per calendar day for each day that exceeds the completion date specified above. As the delay in the completion of work could seriously affect the public and the efficient operation of the City to an extent incapable of precise calculation, said reduction is established as the nearest measure of damages for such delay that can be fixed at this time, and is not established as a penalty or forfeiture for the breach of agreement to complete the work. Said reductions may be invoked if completion of work exceeds the specified time for any reason. 14. Work Delays. Should Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Contractor. 15. Inspection. Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of Contractor are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements. 16. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. 17. Interests of Contractor. Contractor covenants that it presently has no interest, and shall not acquire any interest direct or indirect or otherwise, which would conflict in any manner or degree with the performance of the work hereunder. Contractor further covenants that, in the performance of this work, no sub-contractor or person having such an interest shall be employed. Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. Attachment 1 18. Hold Harmless and Indemnification. Contractor agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Contractor's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of Contractor, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided, however, that Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. 19. Contract Assignment. Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 20. Termination. If, during the term of the contract,the City determines that Contractor is not faithfully abiding by any term or condition contained herein, the City may notify Contractor in writing of such defect or failure to perform; which notice must give Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. a. If Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract. b. In said event, Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by Contractor shall be based solely on the City's assessment of the value of the work-in-progress in completing the overall workscope. C. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall Contractor be entitled to receive in excess of the compensation quoted in its proposal. 21. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of Contractor as part of the work or services under these specifications shall become the permanent property of the City, and shall be delivered to the City upon demand. 85-11 Attachment 1 22. Insurance Requirements. The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the products and materials supplied to the City. The cost of such insurance shall be borne by the Contractor. a. Minimum Scope of Insurance. Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). b. Minimum Limits of Insurance. Contractor shall maintain limits no less than $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers; officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability policy is to contain, or be endorsed to contain,the following provisions: • The City, its officers, officials, employees, agents and volunteers are to be covered as insured as respects: products and completed operations of the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents or volunteers. • The Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. • Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers. • The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Attachment 1 • Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 23. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANIL 24. Verification of Coverage. The Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. 25. Accuracy of Specifications. The specifications for this engine are believed by the City to be accurate and to contain neither affirmative misrepresentation nor any concealment of fact. Contractor is cautioned to undertake an independent analysis of any test results in the specifications, as City does not guaranty the accuracy of its interpretation of test results contained in the specifications package. In preparing its proposal, the Contractor all subcontractors shall bear sole responsibility for proposal preparation errors resulting from any misstatements or omissions in the plans and specifications which could easily have been ascertained by examining either the project site or accurate test data in the City's possession. Although the effect of ambiguities or defects in the plans and specifications will be as determined by law, any patent ambiguity or defect shall give rise to a duty of Contractor to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against the bidder. An ambiguity or defect shall be considered patent if it is of such a nature that the bidder, assuming reasonable skill, ability, and diligence on its part, knew or should have known of the existence of the ambiguity or defect. Furthermore, failure of the bidder or subcontractors to notify City in writing of specification or plan defects or ambiguities prior to proposal submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of the proposal. To the extent that these specifications constitute performance specifications, the City shall not be liable for costs incurred by the successful bidder to achieve the project's objective or standard beyond the amounts provided therefore in the proposal. In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity or defect in the plans and/or specifications, or any other matter whatsoever, Contractor shall immediately notify the City in writing, and the Contractor and all subcontractors shall continue to perform, irrespective of whether or not the ambiguity or defect is major, material, minor or trivial, and irrespective of whether or not a change order, time extension, or additional compensation has been granted by City. Failure to provide the hereinbefore described written notice within one (1) working day of contractor's becoming aware of the facts giving rise to the dispute shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in the plans or specifications concerning the dispute. �j5 '020 Attachment a City of Seattle Purchase Order Fleets and Facilities poftse mer Dale ctwvo&4 Dt d Embe f dmktI arm 2399- • B 1211112008 Pace 1 of 1 /W M Ave N m dTalmc Fraigglem Sea&WA 96104 = 30 DAY DwUmadm Pceaaid k Allowed United States Buyae.8eede:,Nescalla PhMM 206/684-0r_4 edBr.Bakes Braesc B Phoee; 209104-Ml Vendon 0000211443 5fnp Ta Reets€Fealties UpEUne.+u PIERCE MIANUFACTURWG,W, Iced 5ervizs W knee m We 805 S.Quirks Street PO BM 2017 Sea&WA 96134 AppWm N 54912-117 lhdta1 Mft !3®Ta Nei And Fa Mes DePfterd 700-ih Avenue,Ste 2M PA.Bmr 94684 . 5aaWeWA�124-0689 ibrlNd Stales Ta Ewmv N 1 ax aamnot D. Sid Fmm fes; lad Bem Due Dela 121372009 t %9chd Item DesWcdon Due Date OmAlty UDM P:iea Ended AM. 2. 1 P:oje=0943, YT t73ca_ 12/31/2909 1.0m 93°1295,00 9391295.00 rfr -7M9I-M32D-A2212.54818- - - 5alesTax:SD-WMVU%, 21,354.44 S�Ted 1,026,649.44 Conked a 0000D02399 Cmhd Line: 0 Reim= 3 .. I.aa btal ar2j=4849, V t==w L026,643.44 Sales Tax Total for SPA4MV I9.3%) 81,354.44 t Total PD Amount 1,026,649.4; ss-a� Attachment 3 Pricin2 Comparative Stud Service prior to delivery $1,200.0 As-builts for brake, hydraulic systems $3,882.0 Additional for Hendricksen air-ride suspension $4,940.9 Added to fender skirts for wrap-around chains $7,450.8 Aeroquip FC350 wrapped brake lines $5,085.4 S-60 diesel w/1650 pounds torque $639.9 Additional air storage tank $315.13 Automatic moisture ejector w/o heat $161.0 Nederman exhaust and plate $560.7 Engine start and stop at turn table $671.61 Special Racor versus Fuelpro 382 $1,321.1 Gauge-fuel restriction $438.0 Kim TFT thermostat $459.0 Dynometer testing at delivery $976.7 Shut-off valves,coolant filter $413.5 Wire braided fuel lines $618.8 Additional fuel sender $220.9 Added transmission display and diagnostics $2,977.31 Programming to inhibit shifting $1,494.2 TranSvnd transmission fluid $404.2 Mudfla s $496.2 Aluminum wheels versus steel, misc. $7,946.1 Tire pressure monitoring per NFPA $173.0 Aluminum tread late-cab floor $402.11 Windows side of cab w/screens Fender crowns on tractor $1,117.9 16" raised roof versus 10" $745.8 Special glass-side windows $1,193.1 Defrost fans-cab and crew cab $852.7 Cut-out vents- locking door $505.4 Added intermediate steps-cab doors $923.0 Tinted windows $655.9 Cab lift-remote w/manual override $436.8 Convex mirrors-tiller bo $416.4 Extended versus non-extended front bumper $1,155.01 Center hose tray $305.1 Tow eves through bumper face $1,320.31 NFPA reg. helmet storage $210.1 NFPA reg. seat belt monitoring $239.4 NFPA reg. cab data recording $849.93 Additional SCBA brackets $521.8 Air restriction gauge $460.5 Voltmeter in place of standard $436.7 Intercom-Firecom versus David Clark $3,758.5 Diagnostic software-Detroit and Allison $3,784.6 BS"�aor� Attachment 3 Spare set-filters $487.5 Class 1,Enfo 4, removable gauges $647.5 Batteries-Odyssey versus Exide $1,089.7 Special antenna mount and install-GPS $755.2 Breakers-auto reset a $864.0 Special wire harnessing along frame $4,625.7 Back-up alarm in place of standard $424.7 As-built electrical diagrams $4,705.3 300-gallon booster tank and plumbing $9,319.2 Hose restraint-hose bed $431.9 Seattle versus SLO body configuration $5,066.2 Robinson roll-up doors in place of Gortite $7,323.8 S/S rear bumper $394.3 Additional and modified slide-out trays $10,410.4 Additional compartment furnishing $11,599.8 Compartment shelving $342.21 Additional bottle storage in fender panel $938.2 Compartment air bottle holder $784.2 Additional groundladder complement $1,176.9 Cab access steps, both sides $1.198.5 Waterous 5-100 1500 gpm pump $27,834.6 Pump inlet intake relief valve $2,197.3 Waterous discharge relief valve w/light $2,933.1 Hale pump primer $721.21 Driver side auxiliary 2.5" inlet $1,433.0 Pum to/from tank plumbing $492.3 Driver side 2.5" discharges $2,960.2 Passenger side 2.5" discharge $1,480.1) Passenger side 4" discharge $3,288.2 Front 2.5"discharge $2,291.4 Crossla discharge over um house $1,984.5 Crossla hose restraint $268.1 40" pumphouse-tiller application $12,273.55 Master gauge set $455.01 Remote tip controls $7,199.5 Radio controls for monitor $3,704.1 Electric control -waterway shut-off valve $4,533.0 Certification tests at delivery $627.4 Hourmeter at turntable $374.3 Chevron hydraulic oil in place of standard $756.51 Tip stack and bracketing-aerial ti $1,075.8 Tiller cab windows-Omni Shatter uard $1,193.1 Cab indicator-open tiller doors $327.3 As-built electrical diagrams- 120/240 $1,135.01 Paint chassis job color $440.61 Etching,primer, body $633.0 Paint stabilizers silver in place of black $721.4 Additional graphics on cab $1,433.1 3,s,a3 Attachment 3 ITEM SLO SEATTLE Additional graphics on body $704.7 Additional graphics on aerial and boom panel $1,528.5 Ziebart undercoating, cab and body $2,489.51 Grease seals,tiller axle $335.8 Spare filters, aerial hydraulic system $264.3 Fire-Com "Panther"versus Atkinson intercom $1,551.6 Upgrade to handrail extension indicators $484.8 Collins 12-volt aerial lighting versus Unity $834.4 Second Kussmaul shoreline receptacle $516.9 Guards over I20-volt light heads $609.2 Additional remote switching for floodlights $1,009.9 Quick disconnects for generator $566.41 Options $113,446.72 $119,542.1 South Coast Fire pncing concessions ono tions -$7607.64 Options Sub-Total with concessions $105,839.0 Base Price wit-out options $826,741.5 Purchase price (w/o Performance Bond,Discount & tax) $932,580.64 $939,295.0 with options Tax $81,600.8 $87,354.4 Total w/o Performance Bond,or prepayment Discounts $1,014,181.4 $1.026,649.4 Page 1 of 1 Council, SloCity From: Betty[bettysio@charter.net] Sent: Sun 10/25/2009 5:09 PM To: Council,SloCity Cc: Subject: spending Attachments: I would like to express my displeasure at your vote on the new fire engine and taking over highway 227. Ido not know how you can be so irresponsible when people are cutting back as far as they can, loosing jobs, and trying to keep their homes. These may be things you would like to do, but is a very bad decision. Dave's comment concerning the Garden Street project was exactly what the tea parties are trying to stop. In case you forgot, he seemed to think that adding extra fees on to their bill is not big deal. They will never know the difference. That is exactly how we feel when you tell us a cent or so extra tax fee each year will make no difference. Quit spending. I would like a reply by phone to hear how you think this a good thing at this time. I do appreciate Allen vote against. He seems to be the only one that realizes that the people, business and private, are hurting and very worried. Betty Buchanan 544-9630 .il[ ING AGENDA OCT 20 7009 ATC /D ao b ITEM # 8� SLO CITY CLERK https://mail.slocity.org/exchange/slocitycouncil/Inbox/spending.EML?Cmd=open 10/26/2009 Page 1 of 1 w Coundl, SloCity From: Terry Mohan [catsdad@sbcglobal.net] Sent: Mon 10/26/2009 8:12 AM To: Council,Slocity Cc: sduerr@thetribunenews.com; bob@newtimesslo.com Subject: New Fire Equipment Attachments: Having just viewed a replay of the council meeting of October 20 I have a few concerns about the new"hook&ladder"truck. If you link to the site below your will see that with the rear extension of the tiller trailer unit will bottom out and be unable to access the same locations that our current ladder truck can't. http://www.piercemfg.cram/ProductLine.html?ProductLine1d=847ec585-Ot 772-4134-a415--8 fd2 be3426 Further all drivers will have to obtain a Class A operators license to drive the tractor which will undoubtedly put them into a higher pay scale. The tiller drivers will have to be specially trained, more added expense for training and salary. Unless the plan is to train every driver to operate the tiller,which is unlike driving a regular vehicle as the steering is backwards which is why they are involved in more accidents. If not then we run the risk of having a useless vehicle If all the qualified drivers are unavailable,through injury or illness. Response time to normal fires and paramedic calls were this equipment is unnecessary(which accounts for 99.9% of calls)will be delayed because winding through side streets with a 59'tractor trailer is not as easy as Chief Callahan makes it sound. If it is essential that we get a new fire truck the more versatile unit is at link: http://www,piercemfg.com/Model.html? ModelId=6c204a97-857c-4434-a5f7-3cc98c9c3c21 As far as the wear of the current ladder truck it's engine is good for at least another 16 years and probably longer if they would stop driving around with the engine brakes on.(It is cheaper to replace the brakes than the engine!) It would be much more cost effective to have the wom parts retrofitted with new parts as the unit has been hardly used except for training,thereby providing a virtually new vehicle. As representatives of the people you are expected to investigate where our money is being spent and not take the word of"a used truck salesman". We have an adequate amount of Fire fighting equipment in our city and do not need to purchase a new unit just to keep insurance rate low for local developers. With the size of our deficit couldn't this money go for more pressing needs? How about the ever popular neighborhood police patrols? Or maybe an adequate number of Code Enforcement Officers? Terry Mohan RECEIVED OCT 2 6 2009 SLO CITY CLERK https://mail.slocity.org/exchange/sloc itycouncil/Inbox/New%2OFire%2OEquipment.EML... 10/26/2009