HomeMy WebLinkAbout4.06 Purchase Fire Engineor
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DATE:
TO:
FROM:
STAFF REPORT
CITY COUNCIL
August 20, 2013
Honorable Mayor and City Councilmembers
Joni Pattillo City Manager""'
CITY CLERK
File #540 -80
SUBJECT: Request for Waiver of Competitive Bid Process and Authorization to Purchase
Fire Apparatus through Alameda County Purchasing Contract
Prepared by Lisa Hisatomi, Assistant Administrative Services Director /Budget
EXECUTIVE SUMMARY:
The City of Dublin and the Alameda County Fire Department routinely review fire apparatus to
ensure the safety and reliability of the City's fleet when firefighters respond to emergency
incidents. The City Council will consider the purchase of one Fire Engine, sole sourcing the
outfitting of the apparatus to the Alameda County Fire Department, and retire the current
reserve engine from the City's fleet.
FINANCIAL IMPACT:
There is sufficient appropriation in the adopted Fiscal Year 2013 -2014 Budget, in the Fire
Vehicles and Apparatus Internal Service Fund, for the replacement and outfitting of the fire
apparatus.
RECOMMENDATION:
Staff recommends that the City Council adopt the resolution authorizing Staff to purchase one
Fire Engine through the Alameda County purchasing contract, to sole source the outfitting of the
apparatus unit to the Alameda County Fire Department (ACFD), and to retire the current reserve
engine from the City's fleet. The City Purchasing Ordinance provides the City Council with
authority to waive the competitive bidding process when the procurement meets the Exceptions
to Competitive Bidding criteria.
4
r
Submitted By ,
Administrative Services Director
DESCRIPTION:
Reviewed By
Assistant City Manager
The City of Dublin owns all of the fire apparatus stationed in the City. As part of the fire services
contract, the ACFD maintains the City's fire apparatus fleet. ACFD routinely reviews the
condition of the City's fleet to ensure the safety and reliability of the fire apparatus when
firefighters respond to emergency incidents. Based on ACFD assessment, it is recommended
to replace the front line engine (unit # 163) in Station 17 and move it to reserve status.
Page 1 of 2 ITEM NO. 4.6
The City's fire apparatus are custom built to meet all legal requirements and current National
Fire Protection Agency (NFPA) standards. Alameda County General Services Agency worked
with ACFD on developing the specifications for fire engines and released a formal Request for
Quotation (RFQ), and subsequently Pierce Manufacturing Inc. was awarded the contract. The
contract is valid through September 20, 2013.
Staff recommends that the one fire engine requiring replacement be purchased through the
Alameda County contract with Pierce Manufacturing /Golden Gate Fire Apparatus and that the
outfitting of the fire engine be sole sourced to ACFD. This action assures that the unit is built
and outfitted to the standard specifications of the other apparatus of the ACFD fleet.
Chapter 2.36 of the Dublin Municipal Code establishes the procedures for contracting and
purchasing, which require City Council approval for procurement of goods and services in
excess of $45,000. The award is required based on a competitive bid process, unless the
procurement meets the Exceptions to Competitive Bidding criteria. Staff's request for waiver of
the competitive bid process for the procurement and outfitting of the fire engine meets the
following exceptions stated in Dublin Municipal Code Section 2.36.100:
B.9 — "When another public agency has administered a competitive bidding process and
has a current valid agreement for the same or substantially similar consultant or
professional services, general services, supplies or equipment."
The procurement of the fire engine meets the criteria: Alameda County has administered
a competitive bidding process, the contract is valid through September 20, 2013 and it
meets ACFD specifications.
B.4 — "When a contract or purchase involves goods of a technical nature, which it would
be difficult for a vendor to bid on a standard set of specifications."
Sole sourcing the outfitting of the fire engine to the ACFD meets the criteria: The City of
Dublin contracts with ACFD for apparatus repairs and maintenance, and sole sourcing
the installation of equipment to ACFD will ensure the apparatus unit is outfitted to ACFD
specifications.
The contract price for the procurement of the fire engine is $497,787 and the ACFD estimated
equipment cost is $150,000. The existing front line engine in Station 17 will be assigned to
reserve status to replace the current reserve fire engine (Unit 161).
Reserve Engine 161 is over 20 years old and it will be retired from the City's fleet once the
replacement unit is in service.
NOTICING REQUIREMENTS /PUBLIC OUTREACH: None.
ATTACHMENTS: 1. Resolution Authorizing Staff to Purchase One Fire Engine through
purchasing contract with Alameda County
2. Alameda County Purchasing Contract
Page 2 of 2
RESOLUTION NO. - 13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
* * * * * * * * * * * * * * * * * * * * * * * * * **
AUTHORIZING STAFF TO PURCHASE ONE FIRE ENGINE
THROUGH PURCHASING CONTRACT WITH THE ALAMEDA COUNTY
WHEREAS, the City requires the purchase of fire apparatus for fire services operations; and
WHEREAS, the City follows a process of periodically replacing vehicles based upon the age
and condition of the vehicles; and
WHEREAS, appropriations is included in the Fiscal Year 2013 -2014 Fire Vehicles and
Apparatus Internal Service Fund for the replacement of one fire engine; and
WHEREAS, Section 2.36.100(B)(9) of the Dublin Municipal Code allows for exception to the
competitive bid process when another public agency has administered a competitive bidding process
and has a current valid agreement for the same or substantially similar consultant or professional
services, general services, supplies or equipment; and
WHEREAS, Section 2.36.100(B)(4) of the Dublin Municipal Code allows for exception to the
competitive bid process when a contract or purchase involves goods of a technical nature, which it
would be difficult for a vendor to bid on a standard set of specifications; and
WHEREAS, the City Council finds that significant benefits are possible by authorizing Staff to
purchase the need fire engine through purchasing contract with the Alameda County and sole
sourcing the outfitting of the apparatus unit to the Alameda County Fire Department; and
WHEREAS, reserve engine 161 (VIN # 4PICA02GXMA000146) will be retired from the City's
fleet when the replacement engine is in service; and
WHEREAS, the City Council authorizes the purchase of one fire engine through the contract
with Alameda County with Pierce Manufacturing Inc., sole sourcing the outfitting of the apparatus
unit to the Alameda County Fire Department as provided for under Chapter 2.36 of the Dublin
Municipal Code; and donating the retired reserve fire engine to the Alameda County Fire Department
finds that significant benefits are possible by authorizing Staff to purchase the need fire engine
through purchasing contract with the Alameda County and sole sourcing the outfitting of the
apparatus unit to the Alameda County Fire Department; and
WHEREAS, the action taken by this resolution shall approve the disposal of the reserve fire
engine.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby authorizes the City Manager to:
1. Purchase one fire engine through the contract with Alameda County with Pierce
Manufacturing Inc. (Procurement Contract No. 4627).
2. Sole source the outfitting of the new fire engine to the Alameda County Fire
Department.
3. Dispose reserve fire engine 161.
PASSED, APPROVED AND ADOPTED this 20th day of August, 2013.
AYES:
NOES:
ABSENT:
ATTEST:
City Clerk
Mayor
AM K N,,%KAO I
'it) S L"'KI I )RIVI ( hk! -\N1 IRII�']'\ 91(' 1 f 1) "' 0 8 0 7 1"\\ ; lo o, '17 i i w\' w .) k goo
OV
September 10, 2012
To: Aki Nakao, Director, General Services Agency
From: Jeff Thomas, Contracts Specialist 11
Via: Pedro Valencia, Deputy Director, General Services Agency
Subject: EXTEND AND INCREASE THE CONTRACT FOR FIRE
APPARATUS PUMPER TRUCKS, REQUEST FOR QUOTATION
(RFQ) NO, 900563; AMOUNT: $995,574.
RECOMMENDATION:
Amend and increase Master Contract No. 900563, Procurement Contract No. 4627, with
Golden State Fire Apparatus (Bill Wright, President), Modesto, CA, to provide pumper
trucks to the Alameda County Fire Department (ACFD). The total contract value will
increase from $968,036 to $1,963,610, an increase of $995,574. The term of this contract
shall be for one year, beginning September 21, 2012 and ending September 20, 2013.
The contract allows for this extension by mutual agreement.
DISCUSSION/SUMMARY:
The ACFD maintains a fleet of emergency response vehicles and apparatus. This fleet of
vehicles is used throughout the County and in conjunction with outside agencies when
joint agency responses are required.
The ACFD has taken over the responsibilities for fire protection services in various cities
throughout the County, as well as for the Lawrence Livermore and Lawrence Berkeley
Labs. Due to the increase in size, as well as the need to upgrade aging service units, the
ACFD requires new fire apparatus.
The contractor will be required to provide the County with pumper trucks which are
custom designed to withstand continuous use in emergency firefighting. The pumper
trucks will be built to meet all current and recent revisions of the National Fire Protection
Agency (NFPA) standards, California Air Resources Board (CARB) regulations and all
other current Federal, State and Local requirements.
Page 2
September 10, 2012
On September 25, 2009 a recommendation to award a three-year contract was approved
by the GSA-Purchasing Agent beginning September 21, 2009 through September 20,
2012 in the amount of $484,018 to Golden State Fire Apparatus.
On December 4, 2009 a recommendation to increase the contract was approved by the
Deputy Director. The total contract value was increased from $484,018 to $968,036, an
increase of $484,018.
On March 29, 2010 a second amendment was executed between the parties adding
language to the Exhibit A-Definition of Goods, extending the length of the warranty for
the County.
SELECTION CRITERIAIPROCESS
On beha6(of the ACED, GSA-Purchasing issued a Request far Quotation (RFC?) on April
13, 2009. Quotations were received on June 19, 2009 from four bidders. Golden State
Fire Apparatus was awarded this contract. The Office of Acquisition Poky (OAP) has
waived the SLEB sub-contracting requirements, waiver number 2134, for this contract.
"us
Appropriations for this contract are included in the Alameda County Fire Department FY
2012-2013 approved budget.
Recommended By:
Contract Specialist 11 MVAI, 'Z�&Mq�
Up to $10,000 Signature R, 'd Date
Approved BY:
Business Outreach
Sr, Contracts Sped
Up to $10,001 - $25,000
Purchasing Manag(
Up to $25,001 - $100,000
Deputy Director, R
Over $100,000
Director, GSA
Over $100,000
Date
I-h3
Date
Date
Date
Date
GSA-0APV_
@ OFFicE oF AcQuisITION Poitcy (OAP) AUG 2 7 NIZZ
ForALL Requests over $3 i sign
,0_00: Complete # 1 -9 below, complete # 10 if over $ 100,000 (First SoMe' applies} si
and print your'name on line 11, submit hard copy with supporting documentation for approval to GSA-OAP
Business Outr�acb Officer, QIC 26021 AND email soft copy (PDF or Word) to sandra.espejo0�acgov:org. Upon
approval, the Procurement will be processed by GSA Purchasing.
For Reguestsover $25,000 a SLEB Waiver Number will be issued. This number is required to enter a
Procurement Contract in ALCOLINK. OAP will email signed approvals (as appropriate, with Waiver Number)
and denials to Requesting Departments, GSA Purchasing and Auditor Controller Office of Contract Compliance
(OCC),
I
1. Please check appropriate box and complete department/contact information below.
Requesting Department GSA Purchasing managing the competitive process
Department: Alameda Coot Fire Department Contact; Pete Pegadiotes,. Fleet Service Manager
Email: Pete! neg4diotes(a)
,acopy.org Telephone #: (510) 670-5880
2. Recommended Non-SLEB Vendor (Name):M1Jefi PO#:
City, State & Zip: Modestb7AT95-3,51-18—_63
StrectAddress- [lF3,77MWgt_Qpy
3. Procurement Type (check all appropriate boxes below):
[3New Contract ZRenewal Contract ElContract Amendment-Term ZContract Amendment-Value ❑
Other:
4. Total PO/tontmct Value (including increase, if any) $1,963,61 ; Increase Value (if any) $995574
Contract Term Start Date 09/21/12 End Date 09/20/13 One-Time Purchase ❑
i
5. Goods/Services Procurement Description: ACFD maintains a fleet of emergena and fire fighting vehicles
at various to q Mataw pump trucks o ,..ACFD will plKchase two fire s er to re lace
/ions throughout thq.Comty
aging vehicles currently in use. These vehicles will be used on a continuous basis by the ACFQ in emerancy
situations and will operate in comR Rance with California Air Resources- Board rep,
mlations.
6. Brief explanation of why goods/services are required: The ACFD is in need of Mlenishing its fleet of
7. Date Go6ds/Services Needed: 09/2 VI 2
f
a. What am the consequences if the date goods/services needed is not met? The ACFD's aging fleet of
8. Explanation of why the non-SLEB contractor/subcoatractor (in #2 above) is being recommended and,
if procurem I ent over $25,000, why they are unable to subcontract with a SLEB(s) for a minimum of 20%:
Vehicles are comuletely designed, enizineeked-and, manufactured in Appleton, Wl . Therefore,- there are no
subcontracting opportunities.
9. Explain what attempts were made to locate a SLED prime or, if procurement over $25,000, SLED
subcontractor(s), including:
a. Z Copies of bids received and/or detailed statement of efforts made to contact and negotiate with certified
businesses, including list of SLEBs contacted, names of individuals, addresses, phone numbers, dates
contacted and bid prices 12-03-27PO4:06 R C V D
MOAPWATN DOCl MENTSWPM1 SLEH WAIVER FormkNittquesT for Authorization to Wain SLEB Rcquiremem d -13-12
b. List of items or selected portions of work proposed to be performed by certified business in order to
increase the likelihood of.achieving the stated goal: Fierce Manufacturing Inc. is a single source budder
of fire vehicles and its warranties are based upon that Fact. The vendor has made a good faith effort
roicet as described in this renuest the local vendor will only be able to provide services on the
contract of roughly 2% of the total contract value,
c, Descripti6n of information provided to certified contractors /subcontractors regarding the plans,
specifications and anticipated time schedule for partisans of the work to be performed: The competitive
bidding recess was utilized and M RFO and Addeadums were issued containing complete
sipecifications. T*o bidder's conferences were held and the bid was advertised on the Coun_q website
in local niwspaytrs and on the F -Gov website.
10. if the contract is over $100,000, is the recommended vendor able to comply with time First Source
Program?
Yes: ❑ No: 0
If No, explain: Vehicles are completizly completely designed, erl ineered and manufactured in Appleton. WI.
11. Department Ce xc on: I certify to the. accuracy of the preceding statements,
A —z Ct
Signature of Age partment Head or Designd or GSA Print Name
Date } ;
Purchasing Manager (if GSA Purchasing managed the process)
OAP to complete below:
A. Request Approved: Waiver Valid Through 01 f2-0 /�, SLEB
1,5q
{
Reason.
B. Request Denied: ❑
Reason:
Approved by GSA- Office of Acquisition Policy
t
Date
i
* Procurements using Federal grant funds that prohibit geographical preferences require the Federal Grant Funds
SLEB Waiver Request form to be completed and submitted for approval to the Auditor - Controller OCC prior to
soliciting bids /proposals and awarding contracts- See the Waiver Request Procedure for Federal Grant Funds
Procurements in ALCOWEB Docushare under Auditor - Controller's Agency (online County Document Center).
For further information contact the OCC at (510) 891 -5500.
00Af"MACN UOCUh.111 rN` MUPMt SUB WAIVER ForMARequem for Autborixatian to Waivc SLEB Regnirc=M 4 -13 -12
F**-]M
NOMYCK41234 MILMIJE11,111.1-M SfAIRLOMMAM
Without limiting any other obligation or liability under this Agreement, the Contractor, at its sole cost and expense, shall secure and keep in force
during the entire term of the Agreement or longer, as may be specified below, the following insurance coverage, limits and endorsements:
Certificate C-1 Page 1 of 1 Form 2001 -1 (Rev. 03115106)
A
Commercial General Liability
$1,000,000 per occurrence (CSL)
Premises Liability; Products and Completed Operations; Contractual
Bodily Injury and Property Damage
Liability; Personal Injury and Advertising Liability
B
Commercial or Business Automobile Liability
$1,000,000 per occurrence {CSQ
All owned vehicles, hired or [eased vehicles, non-owned, borrowed and
Any Auto
permissive uses. Personal Automobile Liability is acceptable for
Bodily Injury and Property Damage
individual contractors with no transportation or hauling related activities
C
Workers' Compensation (WC) and Employers Liability (EL)
WC: Statutory Limits
Required for all contractors with employees
EL: $100,000 per accident for bodily injury or disease
D
Endorsements and Conditions:
1. ADDITIONAL INSURED: All insurance required above with the exception of Personal Automobile Liability, Workers'
Compensation and Employers Liability, shall be endorsed to name as additional insured: County of Alameda, its Board of
Supervisors, the individual members thereof, and all County officers, agents, employees and representatives.
1 DURATION OF COVERAGE: All required insurance shall be maintained during the entire term of the Agreement with the
following exception: Insurance policies and coverage(s) written on a claims-made basis shall be maintained during the entire
term of the Agreement and until 3 years following termination and acceptance of all work provided under the Agreement, with
the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this
Agreement.
3. REDUCTION OR LIMIT OF OBLIGATION: All insurance policies shall be primary insurance to any insurance available to the
Indemnified Parties and Additional Insured(s). Pursuant to the provisions of this Agreement, insurance effected or procured by
the Contractor shall not reduce or limit Contractor's contractual obligation to indemnify and defend the Indemnified Parties.
4. INSURER FINANCIAL RATING: Insurance shall be maintained through an insurer with a A.M. Best Rating of no less than A:VlI
or equivalent, shall be admitted to the State of California unless otherwise waived by Risk Management, and with deductible
amounts acceptable to the County. Acceptance of Contractors insurance by County shall not relieve or decrease the liability of
Contractor hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the
sole responsibility of the Contractor.
5. SUBCONTRACTORS: Contractor shall include all subcontractors as an insured (covered party) under its policies or shall
furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of
the requirements stated herein,
6, JOINT VENTURES: If Contractor is an association, partnership or other joint business venture, required insurance shall be
provided by any one of the following methods:
— Separate insurance policies issued for each individual entity, with each entity included as a "Named Insured (covered party),
or at minimum named as an "Additional Insured" on the other's policies,
— Joint insurance program with the association, partnership or other joint business venture included as a "Named Insured,
7. CANCELLATION OF INSURANCE: All required insurance shall be endorsed to provide thirty (30) days advance written notice
to the County of cancellation.
8, CERTIFICATE OF INSURANCE: Before commencing operations under this Agreement, Contractor shall provide Certificate(s)
of Insurance and applicable insurance endorsements, in form and satisfactory to County, evidencing that all required insurance
coverage is in effect. The County reserves the rights to require the Contractor to provide complete, certified copies of all
required insurance policies, The require certificate(s) and endorsements must be sent to:
- Department/Agency issuing the contract
- With a copy to Risk Management Unit (125 —12'' Street, 31d Floor, Oakland, CA 94607)
-----------
Certificate C-1 Page 1 of 1 Form 2001 -1 (Rev. 03115106)
CERTIFICATE OF LIABILITY INSURANCE DATE
03 /27fDDtY3
43/27x2413
TlJIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED 13Y THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IfrnPORTANT: if tiTe oertlflDate holder Is an ADDITIONAL INSURED, the policy(fes) must be endorsed. If SUBROGATION IS NIAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER 1 -414- 443 -0000 N TA
Hays Companies of Wisconsin, Inc. PRONE WC. NQ)z
1200 north Mayfair Road, Suite 100 AP00
Milwaukes, WI 53228 LEXINt#TOti INS CO 19437
INSURERA
INSURED fNSURERB: TRAVRL )gRB PRopBRTY CAS CO OF AMSR 25694:
Fierce Manufacturing Inc. INSURERo. PHomiX INS CO 25623
P.O. Box 2017 1NSURERD., 019RKLEY HATL INS CO 38911
INSURER E;
Appleton, WX 54912 -2017
,uarsosQ e
'OVERAGES CERTIFICATE NUMBER: 32692724 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELow HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDINO ANY REGUIRI MENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT To WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFOROED SY THE POLICIES DESCRIBED HEREIN Is SUBJECT To ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
L S P Y EFF P LIC P LIMITS
a8R
TYPE OF INSURANCE POLICYWUMBER D DD
A GENERAL LIABILITY X 015438059 44/02/1 04/01/14 EACH OCCURRENCE 31,000,000
X COMIS1ERCIAtGVN1+RALL=ILfTY REN ES fro S500,000
CIAiIA6•TAAOE � OCCUR MEDEXP AnYans S Excluded
PERSONAL &ADVINRIRY $ 110001000
GENERALAGGREGATE $5,000,000
GEN'LAGGREGATE LIMIT APPLIES PER: F'RODUCTB - COMPlOP ACiG 91,000,000
r----, ....., r —"'t $
B
AUTbM09tIELU18ILTTY
T,TCAP11SD2 04TIrI2
14%01!1
70l0z /73
wraesint Frnc,acc mr
1,000,400
BODILY INJURY (Per person)
$ .._._._._.
X ANYAUTO
AAILfL,I D SCHEDULED
NON CPNNED
HIREDAU705 AUTOS
BODILY INJURY (Per socident)
S�
PROPER DALfAGE
8e
S
A
X
UMBRELLA
EXCESS Me
X
OCCUR
CLAThfA•AtiADE
015438060
04/01/1
04/01/14
EACH OCCURRENCE
$ 15,040,000
AGORWAT`E
$1$10001000
^
B
C
DED REETENTWN
WORKERS COMPENSATION
ANDBMPLOYERVUABILirY
ANYPrtOPRl6TQW )%R'fN£RIEXECUTtvE YIN
OFFICEmAEMBEREXCLUDED?
{Mandatory to NH)
Ifuss.descnpeundar
NIA
TIiJti8117D757712
r L,2 8117X�75651a
%0 }01/1
10x02/1
10/41/13
10/01/13
X 'NGgTAiU' OTH-
EI.EACHACCIDENT
$ 1,000,000
E.f_DISEASE -EA EMPLOYE
S 1,o00sC?Oi3
E3.DiSEASE- POLICY LIMIT
S x.000,.000
OE$CftiproN bF OPERA'OONS t LOCATIONS t VEHICLES (Attach ACORD fat, Addiflanel Rsmerks Schedule, If mare space IS squired)
Additional Insured when required by written contract.
Additional Insured when required by written contract.
Rat Purchase of trucks and Apparatus in accordance with the master contract.
This Certificate applies to The County of Alameda, its Board of Supervisors, the individual members thereof,
and all County Officers, agents, employees, and representatives.
25447
County of Alameda
OSA - Purchasing
1401 Lakeside Drivel Suite 907
Oakland, CA 94612
ACORD 25 (2090105)
diannewandel
32692720
T
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL SE DELIVERED IN
ACCT. RPANCE WITH T14E POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
CTSA aw)
.......................
011$88 -20'10 AO(
The ACORD naive and logo are registered marks of ACORD
All rights reserved.
POLICYNUMBER: 015438059 ENDORSEMENT# 030 COMMERCIAL GENERAL LIABILITY
THIS ENOONSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies Insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE FART.
SCHEDULE
Name of Person or Organization:
County of Alameda, Its Board of Supervisors, the Individual
members thereof, and all County officers, agents, employees
and representatives
1401 Lakeside Drive Suite 907
Oakland. CA 94612
RE. Trucks and Apparatus purchased In accordance
with the Master contract.
{if no entry appears above information required to complete this endorsement will be shown In the
declarations as applicable to this endorsement,)
WHO IS AN INSURED (Section ll) is amended to include as an insured the person or organization
shown In the Schedule as an insured but only with respect to liability arising out of your operati
5
RFQ No. 900563, Master Contract No. 900563, Procurement Contract No. 4627
THIRD AMENDMENT TO AGREEMENT
This Third Amendment to Agreement ("Third Amendment") is made by the
County of Alameda ("County") and Pierce Manufacturing, Inc. ("Contractor") with
respect to that certain agreement entered by them on September 4, 2009 and that certain
First Amendment and Second Amendment to Contract, (collectively referred to herein as
the "Contract") pursuant to which Contractor provides pumper trucks to the Alameda
County Fire Department (ACFD).
The County and Contractor agree as follows:
For valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the County and Contractor agree to amend the Agreement in the
following respects.
2. Except as otherwise stated in this Third Amendment, the terms and provisions of
this Amendment will be considered to be effective as of the date this Third
Amendment is executed by the County ("Effective Date")
3. The County and the Contractor agree to incorporate into the Contract the Consent
To Assignment Of Standard Services Agreement, dated March 26, 2013 and
attached hereto,
4. The term of the Agreement is currently scheduled to expire on September 20,
2012. As of the Effective Date, the term of the Agreement is extended through
September 20, 2013.
In consideration for Contractor's additional services, the County will pay
Contractor in an additional amount not to exceed Nine Hundred Ninety-Five
Thousand Five Hundred Seventy-Four dollars ($995,574). As a result of these
additional services, the not to exceed amount has increased from Nine Hundred
Sixty -Eight Thousand Thirty-Six dollars ($968,036) to One Million Nine Hundred
Page 1 of 4
RFQ No. 900563, Master Contract No. 900563, Procurement Contract No, 4627
Sixty-Three Thousand Six Hundred Ten dollars ($1,963,610) over the term of the
Agreement and any amendments.
6. Item 20 of the Standard Services Agreement has been amended as follows:
20. TERMINATION: The County has and reserves the right to suspend,
terminate or abandon the execution of any work by Contractor without cause at
any time upon giving to the Contractor prior written notice. In the event that the
County should abandon, terminate or suspend Contractor's work, the Contractor
shall be entitled to payment for services provided hereunder prior to the effective
date of said suspension, termination or abandonment. Said payment shall be
computed in accordance with Exhibit B hereto, provided that the maximum
amount payable to Contractor for its pumper trucks shall not exceed $1,963,610
payment for services provided hereunder prior to the effective date of said
suspension, termination or abandonment,
7. A Revised Exhibit B -1, Payment `terms, is attached to this Amendment.
8. DEBARMENT AND SUSPENSION CERTIFICATION:
a. By signing this Third Amendment and Exhibit D -1, Debarment and
Suspension Certification, Contractor agrees to comply with applicable
federal suspension and debarment regulations, including but not limited to
7 Code of Federal Regulations (CFR) 3 016.3 5, 28 CFR 66.3 5, 29 CFR
97.35, 34 CFR 80.35, 45 CFR 92.35 and Executive Order 12549.
b. By signing this agreement, Contractor certifies to the best of its knowledge
and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntary excluded by any federal department
or agency;
Page 2 of 4
RFQ No. 900563, Master Contract No. 900563, Procurement Contract No. 4627
(2) Must not knowingly enter into any covered transaction with a person
who is proposed for debarment under federal regulations, debarred,
suspended, declared ineligible, or voluntarily excluded from
participation in such transaction.
9. Exhibit E - The Iran Contracting Act (ICA) of 2010 attached hereto is
incorporated into the Contract.
10. Except as expressly modified by this Third Amendment, all of the terms and
conditions of the Contract are and remain in full force and effect.
Page 3 of 4
RFQ No. 900563, Master Contract No. 900563, Procurement Contract No. 4627
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the
Agreement as of the day and year first above written.
COUNTY AMEDA
By:_ 41
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Name:---!A '::�q C'
(Printed)
Title: Purchasing A Reat
Date:
PIERCE NUFACTURING, INC.
By:
ignature
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Name: TT,,, o G"V AS �A
(Panted)
Title: & c - (� e �
Date: q-'g- (3
By signing above, signatory warrants and
represents that he/she executed this
Agreement in his/her authorized capacity
and that by his/her signature on this
Agreement, he/she or the entity upon
behalf of which he/she acted, executed
this Agreement.
Page 4 of 4
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RFQ No. 900563, Master Contract No. 900563, Procurement Contract No. 4627
EXHIBIT D-I
COUNTY OF ALAMEDA
DEBARMENT AND SUSPENSION CERTIFICATION
The contractor, under penalty of perjury, certifies that, except as noted below, contractor,
its principals, and any named or unnamed subcontractor:
• Is not currently under suspension, debarment, voluntary exclusion, or
determination of ineligibility by any federal agency;
a Has not been suspended, debarred, voluntarily excluded or determined ineligible by
any federal agency within the past three years;
® Does not have a proposed debarment pending; and
® Has not been indicted, convicted, or had a civil judgment rendered against it by a
court of competent jurisdiction in any matter involving fraud or official misconduct
within the past three years.
If there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessary result in denial of award, but will be considered in
determining contractor responsibility. For any exception noted above, indicate below to
whom it applies, initiating agency, and dates of action.
Notes: Providing false information may result in criminal prosecution or administrative
sanctions. The above certification is part of the Standard Services Agreement.
Signing this Standard Services Agreement on the signature portion thereof shall
also constitute signature of this Certification.
CONTRACTOR: � �'Q- r Lp- /no'f"o- � JL"r "'V�
PRINCIPAL uu- A-Stlk-(Y-k
SIGNATURE:
Page 1 of 1
TITLE: Sr r
DATE: q - R - '�
RFQ No. 900563, Master Contract No. 900563, Procurement Contract No. 4627
EXHIBIT I,
RFQ No. 900563
for
Fire Apparatus Pumper Trucks
THE IRAN CONTRACTING ACT (ICA) OF 2010
For Procurements of $ 1,000,000 or more
The California Legislature adopted the Iran Contracting Act (ICA) to respond to policies of Iran in a
uniform fashion (PCC § 2201(q)). The ICA prohibits persons engaged in investment activities in
Iran from bidding on, submitting proposals for, or entering into or renewing contracts with public
entities for goods and services of one million dollars ($1,000,000) or more (PCC § 2203(a)). A
person who "engages in investment activities in Iran" is defined in either of two ways:
I. The person provides goods or services of twenty million dollars ($20,000,000) or more in
the energy sector of Iran, including a person that provides oil or liquefied natural gas
tankers, or products used to construct or maintain pipelines used to transport oil or liquefied
natural gas, for the energy sector of Iran; or
2. The person is a financial institution (as that term is defined in 50 U.S.C. § 1701) that extends
twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or
more, if that person will use the credit to provide goods or services in the energy sector in
Iran and is identified on a list created by the California Department of General Services
(DGS) pursuant to PCC § 2201(b) as a person engaging in the investment activities
described in paragraph I above.
By signing below, I hereby certify that as of the time of bidding or proposing for a new contract or
renewal of an existing contract, neither I nor the company I own or work for are identified on the
DGS list of ineligible persons and neither I nor the company I own or work for are engaged in
investment activities in Iran in violation of the Iran Contracting Act of 2010.
If either I or the company I own or work for are ineligible to bid or submit a proposal or to renew a
contract, but I believe I or it qualifies for an exception listed in PCC § 2202(c),1 have described in
detail the nature of the exception:
NAME: U 4 (- c-L C� s 1-C-
PRINCIPAL: q, .,n O. TITLE: S c, &.'r c cJ� L>
SIGNATURE: I I A DATE:
Page I of I
Master Contract No. 900563, Procurement Contract No. 4627
CONSENT TO ASSIGNMENT
OF STANDARD SERVICES AGREEMENT
This Consent to Assignment of Standard Services Agreement ("Consent") is made this
26th day of March, 2013 by and among the County of Alameda ("County"); Golden State
Fire Apparatus, Inc. ("Assignor") and Pierce Manufacturing, Inc. ("Assignee")
WHEREAS, Assignor entered into a Standard Services Agreement with County dated
December 4, 2009, and a First and Second Amendments (collectively referred to herein
as the "Contract") pursuant to which the Assignor and the Assignee provide fire
apparatus pumper trucks to County; and
WHEREAS, Assignor desires to assign all rights and obligations relating to the continued
performance of the Contract to Assignee as of the effective date, and Assignee is willing
to accept such assignment; and
WHEREAS, the Contract prohibits Assignor from subcontracting, assigning or
delegating any portion of the Contract without County's prior written consent; and
WHEREAS, County is willing to consent to the assignment on the terms and conditions
provided herein.
NOW, THEREFORE, for valuable consideration, receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
1. Assignor and County hereby certify as follows:
a. The Contract is in full force and effect,, represents the entire agreement
between County and Assignor and has not been supplemented, amended, assigned or
otherwise modified.
Master Contract No. 900563, Procurement Contract No. 4627
b. Neither County nor Assignor is in default under or in breach of the Contract
nor does exist any event, which with the passage of time or the giving of notice would
constitute a default or breach by County or Assignor under the Agreement.
c. Neither County nor Assignor have any claims, counterclaims, offsets or
defenses against the other arising under the Contract or in connection with the work
performed or to be performed thereunder.
2. Assignor hereby assigns all of its rights, title and interest in the Contract to
Assignee and Assignee hereby assumes all rights, obligations and liabilities for the
performance of the Contract.
3. County hereby consents to Assignor's assignment of the Contract to
Assignee as of the date this Assignment is signed by.. County. By consenting to the
assignment, County does not waive or release Assignor from any claim or cause of action
it has or may have against Assignor by reason of, arising of, or relating to Assignor's
performance of the Contract and Assignor's obligations regarding Indemnification shall
remain in full force and effect.
4. Unless otherwise set forth herein, Assignor represents that to the best of its
knowledge, no undisclosed agreement, concession, or litigation of any nature affecting
the Contract exists and that Agreement is in full force and effect, and Assignor knows of
no defect, default, breach, waiver of rights, or other issue that would impair Assignee's
rights herein.
5. By execution of this Assignment, Assignee agrees to be bound by and to
perform each Contract requirement in accordance with the conditions contained therein.
Master Contract No. 900563, Procurement Contract No. 4627
IN WITNESS THEREOF, the parties have executed this Consent to Assignment
as of the date first written herein.
COUNTY OF ALAMEDA
I A
By: rat
V, Y (919i;ature
Name: John Gunn--
(Printed)
Title: Purchasing Aizent
Date:
ASSIGNOR: GOLDEN STATE
FIRE APPARATUS, INC.
By:
Signature
Name:A41?qL 4). kZaicr—i
(Printed)
Title:
Date:
ASSIGNEE:
PIERCE MANUFACTURING,
INC.
By: L
15!iinature
Name:- T- o- -kn Lk, - 4S
(Printed)
Title:
Date: 9-9- (3
By signing above, signatory warrants
and represents that he/she executed
this Agreement in his/her authorized
capacity and that by his/her signature
on this Agreement, he/she or the
entity upon behalf of which he/she
acted, executed this Agreement.